RFP KMRL 3.0
RFP KMRL 3.0
RFP KMRL 3.0
KMRL-Confidential
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Tender notice
Tender Inviting Authority
Place of availability of Tender
Documents (RFPs)
KMRL/IT/AE(IT)2013/971, Dtaed18-06-2014
Event
Release of RFP
KMRL-Confidential
Date deadline
23-06-2014
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07-07-2014
10-07-2014
17-07-2014
02-08-2014, 1500 pm
02-08-2014, 1530 pm
Will be informed through
email.
LoI +07 days
LoI+10 days
proposals
Qualification of proposed
ERP Solution
Qualification of Technical
proposal for
implementation
Location for the project
KMRL-Confidential
SI
Evaluation of the proposal for ERP Solution
Evaluation of technical proposal for
implementation services
75 points out of possible 100
70 points out of possible 100
KMRL, Ernakulam, Kerala
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ABBREVIATIONS /
DEFINITIONS
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KMRL-Confidential
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DISCLAIMER
The information contained in this Request for Proposal document (RFP)
or subsequently provided to Bidders, whether verbally or in documentary
or any other form by or on behalf of KMRL or any of its employees or
advisers, is provided to Bidders on the terms and conditions set out in
this RFP and such other terms and conditions subject to which such
information is provided.
This RFP is not an agreement or an offer by KMRL to the prospective
Bidders or any other person. The purpose of this RFP is to provide
interested parties with information that may be useful to them in the
formulation of their Proposals pursuant to this RFP. This RFP includes
statements, which reflect various assumptions and assessments arrived
at by KMRL in relation to the ERP Implementation project. Such
assumptions, assessments and statements do not purport to contain all
the information that each bidder may require. This RFP may not be
appropriate for all persons, and it is not possible for KMRL, its employees
or advisers to consider the objectives, technical expertise and particular
needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in this RFP, may not
be complete, accurate, adequate or correct. Each bidder should,
therefore, conduct its own investigations and analysis and should check
the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments and information contained in this RFP and
obtain independent advice from appropriate sources.
Information provided in this RFP to the Bidders may be on a wide range
of matters, some of which may depend upon interpretation of law. The
information given is not intended to be an exhaustive account of
statutory requirements and should not be regarded as a complete or
authoritative statement of law. KMRL accepts no responsibility for the
accuracy or otherwise for any interpretation or opinion on the law
expressed herein.
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TABLE OF CONTENTS
ABBREVIATIONS / DEFINITIONS...............................................................................................
DISCLAIMER............................................................................................................................
1.
INTRODUCTION..............................................................................................................
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EVALUATION OF PROPOSALS..........................................................................................
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2.
3.
2.
3.
4.
CONFLICT OF INTEREST................................................................................................
5.
6.
COMPANY INFORMATION..............................................................................................
7.
8.
IMPLEMENTATION EXPERIENCE.....................................................................................
9.
IMPLEMENTATION EXPERIENCE.....................................................................................
10. COMPETENCY...............................................................................................................
11. OEM AUTHORIZATION...................................................................................................
12. QUALITY CERTIFICATE...................................................................................................
13. FORMAT FOR BID SECURITY (EMD)...............................................................................
14. REQUEST FOR CLARIFICATIONS (RFC)..........................................................................
15. AUTHORIZATION TO BE PRESENT DURING BID OPENING SESSIONS.............................
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2.
3.
4.
5.
6.
7.
8.
9.
2.
3.
4.
RESOURCE LOADING....................................................................................................
5.
PROJECT PLAN..............................................................................................................
6.
DELIVERABLES..............................................................................................................
7.
8.
9.
2.
3.
4.
5.
6.
7.
ANNEXURE II-FRS................................................................................................................
ANNEXURE III- DRAFT CONTRACT........................................................................................
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1. INTRODUCTION
1.1.
INTRODUCTION
TO
KMRL
THE
PROJECT OF DEPLOYMENT OF
ERP
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THE STRATEGY
OF THE
PROJECT
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activities
b. Establish uniform standards for excellence in operations,
project management, human resource management,
financial management and performance reporting
c. Adopt the global best practices in different spheres of,
procurement, materials management, human resource
management, quality management, customer service,
financial management, accounting and performance
management.
d. Phased implementation- keeping in mind the evolving nature
of operations of KMRL, it has been decided to implement the
ERP solution in two phases, with the first phase focusing on
the basic requirements of the Metro Rail system and the
second phase of the project focusing on the operational
aspects of the Metro rail.
7. The expected outcome of the project
a. With the deployment of the ERP solution, KMRL expects that
different functional modules would be seamlessly integrated
with each other so that data duplication doesnt happen and
KMRL is able to build strong foundation for decision support
system.
b. Adopting best practices offered by ERP solutions in the key
processes like finance and accounts, control, audit, asset
management, materials management, human resources
management, as applicable to the operations of a Metro Rail
project, will lead to efficiency, transparency and informed
decision making.
c. It is expected that the ERP Solution will facilitate embedding
best business practices and processes into all its operations,
doing away with non-value adding/redundant processes in
the various functions of the corporation to make them
efficient, transparent and compliant to regulations
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PHASED
IMPLEMENTATION
1. KMRL will procure the ERP solution which would best meet its
requirements and implement that in two phases.
2. Phase I of the implementation of the ERP will cover the following
functions
a. Finance and accounts
b. Asset management
c. Human Resources, Payroll management and
administration
d. Procurement and contracting Management including eprocurement
e. Materials management
f. Business analytics
g. Integration module to integrate other applications
3. Phase II of the implementation will cover the following functions
a. Real estate management
b. Project management
c. Metro operations management
d. Maintenance management
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e. Asset Maintenance
f. Government file management
1.6.
THE
PROCESS OF PROCUREMENT
THE REQUEST
FOR PROPOSAL
(RFP)
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THE
BIDDING PROCESS
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Section 1
Technical Specifications for the Project
2. THE
2.1.
THE
SCOPE OF THE
ERP
SOLUTION
THE
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10.
THE
THE
FUNCTIONAL UNITS
KMRL
THE
USERS BASE
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No. ERP
users
4
Limited Access
users *
3
10
10
10
34
3
14
12
32
*These are the users who would carry out activities like applying
leaves, checking/updating their own profiles, salary etc the
activities related themselves.
3. The total number of employees for the purpose of payroll will be
less than 100 Numbers initially.
4. The number of ERP users who are expected to use the business
analytics would be 10 Numbers.
2.6.
THE
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THE
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THE
SUPPORT
SERVICES
CENTRE
OF EXCELLENCE
SKILL
AUGMENTATION
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FUNCTIONS OF
KMRL
3.2.
FINANCE
AND
ACCOUNTING
Organization Structure
General Ledger
Accounts Receivable
Accounts Payable
Payments and Reconciliation
Costing
Cash Management
Bank transactions including reconciliation
Budgeting and variance analysis
Assets accounting, physical verification and control
Taxation, duties and levies
Banking
Fund Management
Tracking of funds Utilization
Preparation of utilization Reports
MIS Trial Balance
Insurance for materials and assets at various locations
Cost Centre Accounting
Profit Centre Accounting
Internal Order cost controlling
Project costing
MIS reports
External Consultancy
AUDIT
FUNCTION
Audit Trail
Audit of transactions
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3.3.
1.
Pre audit
Statutory audits
PROCUREMENT,
CONTRACTS
AND
MATERIALS MANAGEMENT
Procurement
Indenting
Sourcing
Tendering
Placement of Order (P.O.)
Post Order Placement Activities
Goods receipt
Procure to Pay - Purchase requisition, Purchase order, Receipt,
Invoice entry, Vendor Payment
Inspection
Consignment Management
Procurement of services
Contract Management
Scrap sale
2.
Vendor management
Vendor registration
Empanelment of vendors
Service tax registration
Income tax registration PAN,TAN,TIN etc
PF registration
3.
Materials management
Material Master
Material accounting
Inventory Management
Material storage
Material issue
MIS reports
4.
Asset Management
Asset maintenance
Asset diversion, tagging
Replacement, scrapping and decommissioning
Physical verification and reconciliation
Impairment and sale or disposal of assets.
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Business Analytics
Subcontracting
PROJECT MANAGEMENT
Materials supply management- Procurement and Logistics
Management consultancy services for the projects funded by
bilateral and multilateral funding (World Bank, ADB, AFD etc.)
agencies as well as those funded by local Government
Financial, business plan, advisory services (P&C)
Design, development and implementation of information system
3.5.
HUMAN RESOURCE MANAGEMENT, PAYROLL
SERVICES
AND EMPLOYEE
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3.6.
3.7.
3.8.
ANALYTICS
4. THE SPECIFICATIONS
FOR
ERP
IMPLEMENTATION
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5.1.
THE ERP
1. The Core implementation Activities: The methodology shall be welldefined and structured in approach. It should adhere to the globally
accepted best practices of ERP implementation and should cover
the following broad phases or work elements
a. Project Preparation
b. System Study/Business Process Design
c. Configuration/Customization
d. Integration, Testing & Acceptance
e. Data Migration
f. User and Technical training
g. Cut over and making the ERP solution usage ready
h. Post implementation support
2. Project Preparation: The project preparation will focus on creating
the project charter, interfacing mechanisms, the training, the day
to day action plan till the completion of the next immediate stage,
familiarization of the SI team with KMRL operations and the KMRL
team with the action plan of SI etc.
3. Business design and blue print: The SI is expected to formulate the
business design or blue print, which will act as the key document
for all the subsequent activities. The business design or blue print
will cover all the processes of the organizational units listed in the
RFP, and will entail detailing the processes/solution capabilities
listed in the RFP. This will be carried out through activities like
system study, workshop with the users to identify the processes to agree on the process characteristics and to formulate the
process designs, detailing the operations/processes of KMRL,
detailing the AS-IS & TO-BE processes, analysis of AS-IS and TO-BE
business processes, gaps in relation to best practices as per ERP
system, etc. The business blue print as approved by KMRL only
shall be implemented. The ERP solution provider shall also approve
the business blue print. The SI is expected to deploy standard
templates for this purpose. Some of the critical outputs of the
business design phase will be
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10.
Transactional data for all live projects. The live project data to
be populated based on the agreed TO-BE process
requirement.
11.
Most of the data migration will be from the existing systems
for financial management and if required from the system
for HR & administration. However wherever the data has to be
captured from physical sources, that activity will be carried out and
the actual work of data entry will be executed by KMRL.
12.
End-User Training - The purpose of end user training is to
ensure that all end users are adequately prepared and able to
perform their job functions at usage ready. Training content will
depend on the function performed by the end-user; therefore
several user profiles will be established.
13.
Cut Over Strategy: The SI has to evolve & detail a
comprehensive cut over strategy including initial data take on,
sequence of data take on, set up of support helpdesk, helpdesk
procedure to minimize business impact of cut over activities.
14.
The SI is required to undertake the following to review
readiness for Usage Ready of the ERP system:
a. Facilitate in setting up central help desk for any queries
b. Review the health, usage and performance of the system till it
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stabilizes
c. Ensuring resolution / Documentation of all issues raised
during implementation
d. Final configuration/ integration, volume and stress testing
e. Switch over to production environment.
15.
Declaration of usage ready the system will be declared
Usage Ready when the following tasks/activities are
accomplished satisfactorily
a. Acceptance testing
b. Hardware commissioning
c. Data migration
d. Training
e. User creation / role identification
f. Help desk
16.
Acceptance of Complete deployment: The ERP system is
accepted as complete Deployment only after successfully
generating at least one balance sheet for the complete operations,
for one financial quarter or successfully using the system for three
months after usage ready, whichever is longer.
17.
User Adoption Support: The System Integrator shall provide
User adoption support between the period of usage ready and
declaration of complete deployment, by deputing technical and
functional consultants at the client site. During this period the SI
will address the following.
a. Hand holding the users to carry out their activities using the
ERP system
b. Facilitating the users to use the ERP system on a daily basis
c. Training the individual users with specific processes/activities
5.2.
TECHNICAL ARCHITECTURE
SUPPORT
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FEEDBACK
AND
AUDIT
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SYSTEM
STABILISATION SUPPORT
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Deployment.
6. In the event that Steering Committee does not approve or suggest
further action, the notices are reinitiated only after the
recommended actions have been satisfactorily completed.
7. The implementation services for the ERP solution are treated as
completed and the support and maintenance services or the post
implementation services starts when the following are completed
a. Completion of the of user adoption services after the usage
ready of the ERP system
b. Completion and declaration of complete deployment by the
steering committee
c. Completion of the three months of system stabilization
support after complete deployment of the system
5.6.
POST
IMPLEMENTATION SUPPORT
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TECHNICAL SUPPORT
1. The technical support for the ERP solution is meant to ensure OEM
support Ensuring ERP Solution OEM services for system
performance, performance tuning, upgrades etc.
2. Formulation of all policies and procedures related to Basis
technology, System Administration, Data Base Management,
applications, archives, network management & security, back up
etc.
3. Prepare requisite system landscape and procedures for smoothly
implementing the ERP. This shall also take into consideration the
phased pilots and rollouts.
4. The SI shall assist the KMRL team to perform all authorizationrelated activities (activity group, authorizations, profiles, etc.) till
the ERP system stabilizes.
5. Assist KMRL to manage the legacy data interfaces, print spools,
batch Jobs, printer configuration etc.
6. Prepare a detailed System administration manual, Data
administration manual, operational manual, User manual which
shall be used by KMRL employees to run ERP enabled production
environment. This shall also include how the various parameters
shall be monitored/ tuned in a live system.
7. Finalize the archival policies for all the functional areas. All
necessary configurations shall be done and tested.
8. Prepare requisite system configuration for disaster recovery
management and Fail Over system plan.
9. Round the clock support for trouble shooting in functional and
technical area
5.8.
CENTRE
OF
EXCELLENCE (COE)
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THE
IMPLEMENTATION
APPROACH
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THE
IMPLEMENTATION
METHODOLOGY
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PROJECT DELIVERABLES
1. It is expected that the project will move from one phase to the next
only when the deliverables of that phase are accepted. Some of the
key deliverables which will signal the successful completion of each
of the phases shall be as in the following table. SI is encouraged to
propose any additional deliverable/s for the sake of
comprehensiveness, based on their experience of delivering similar
projects, which can enhance the quality of work.
Major activity/Mile
stone
DELIVERABLE
Project Preparation
Business Design
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Configuration,
customization
Training
Integration Testing
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priced items at these mile stones. This mile stone to deliverables &
supply listing will be the basis for payments for the corresponding
priced items.
3. Deliverables acceptance criteria
a. The acceptance criteria for each phase is the submission and
acceptance of all deliverables specified for that phase. The
formal acceptance by KMRL of the phase deliverables
constitutes completion of the phase and approval to launch
the next phase and invoice KMRL for payment if there is a
payment attached to that milestone.
b. Acceptance criteria for each deliverable will be established in
accordance with the process described in the following
paragraphs prior to the beginning of each phase.
c. SI should provide templates of proposed deliverables. At the
onset of each phase, SI will meet with KMRL Project Manager
to review the applicable templates, tailored to accommodate
the needs of the project, and agree on the scope, format, and
content of each of the major deliverables for that phase. The
agreements made during this meeting will be captured in a
Deliverable Review Document (DRD) for each deliverable.
d. KMRL team will give a go ahead to move from one project
milestone to the other project milestone only after the
deliverables of a particular project milestone are accepted by
the concerned authority. Hence, the protocol for submission,
review, revision and acceptance will be established at the
beginning of the project. The SI is required to propose the
details of this protocol as a part of the proposal.
4. Project Standards: SI to provide Project Standards for various
activities/documentation. Following is a minimum list where
standards have to be set by the SI:
a. Test cases
b. Test scenarios
c. Business Process Design
d. Functional design specs,
e. Technical design specs
f. Transporting objects
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g. Change control
h. Reporting defects
5. Project Success Criteria: The finished ERP solution meets planned
scope and specifications
a. No issues pending at the end of support period
b. on-line transactions of all implemented modules No
backlog / offline transaction data entry during the last month
of support
c. The project is completed on time & All Users adopt the
software according to plan
6. Change Requests since this is a fixed price project with clearly
identified scope of solution and services, the SI is expected to
complete the project without raising any requests for change and
seeking the payments for them. If there is a genuine change to the
scope of work, KMRL will raise or accept change requests and pay
for them based on the efforts estimated for them and the cost of
manpower indicated by the SI in the commercial proposal. The
genuineness of the change will be established based on the
process, deliverables, solution capability and the validation of it by
the KMRL or its advisors.
5.12.
PROJECT
PLAN
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5.13.
DEPLOYMENT
OF
NATIVE TOOL
1. The SI is required to deploy and use the native tool available with
the ERP solution for managing the implementation as well for
providing application maintenance service. Some of key areas
where the native tool needs to be used are:
a. Project documentation and version control
b. Deliverables management and version control
c. Configuration management and version control
d. Issues and change request tracking
e. Providing Transparency of all software changes
2. Managing the change request
a. Full documentation of each change: link to a Change Request
and a Service Desk for each change
b. Collection of all Requests for change
c. Consolidating demands by bundling similar changes
d. Scheduling changes according to priority, category and
possible impact
e. Making changes to follow a proven workflow
5.14.
MANAGEMENT
OF THE
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Section 2
Guidelines for proposal preparation and bidding terms
4. GUIDELINES
FOR
PROPOSAL
THE
SI
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GENERAL
TECHNICAL PROPOSAL
1. The bidder must fully understand the scope of the ERP solution and
services for implementation as outlined in the RFP. The bidders are
expected to examine, understand and comply with all the
instructions, formats, terms & conditions, solution and services
requirements and other information in the RFP documents before
submitting the bids. Failure to furnish all the information required by
the RFP or submission of a proposal not substantially responsive to
the RFP in every respect will be at the bidder's risk and may result
in rejection of the proposal of the bidder.
2. The bidder is required to provide in the Technical Proposal details of
how it proposes the ERP solution as to provide the implementation
services to address all the requirements of KMRL as listed in this
RFP.
3. The bidder is expected to understand the complexity of the
requirements for an ERP solution and implementation of the
proposed ERP solution at KMRL, the complete solution and services
footprint, the processes and functions of KMRL while preparing the
Technical Proposal.
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4.3.
CHECK
COPY RIGHTS.
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4.5.
CONDITIONS
OUTLINE
FOR THE
TECHNICAL PROPOSAL
FOR THE
PROJECT
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TECHNICAL
PROPOSAL FOR
ERP
SOLUTION
1. The bill of materials: The Technical proposal for ERP Solution should
contain details of the solution components proposed along with how
each of the solution components would meet the requirements of
KMRL. The technical proposal should address the following:a. Functional coverage of the solution proposed
b. The complete landscape of the solution with modules,
integration points etc.
c. How the different processes of KMRL are integrated with the
solution
d. The bill of material of the ERP solution with a list of all the
modules, tools independently priced items along with metrics for
licensing (pricing) and total quantity proposed
e. The rationale for the different solution components and the
licensing metrics
f. The rationale for the sizing of the different modules of the ERP
g. How the solution components are sized and their relationship to
licensing metrics
h. The details of third party solutions if any, their description and
purpose, licensing metrics and sizing considerations
i. The bidders while proposing the ERP solution with detailed bill of
materials, as per the format provided for the Technical proposal,
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Guidelines
Respons
e
Standard
Work
Around
Customizati
on
Third Party
Not
Possible
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4.8.
OUTLINE
SERVICES
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TECHNICAL
SUGGESTIONS
ON THE
DRAFT CONTRACT
1. A draft contract including the standard terms and all the other
terms specific to the implementation of the ERP at KMRL is included
in annexure of this RFP. It is expected that the bidder will be able to
execute this contract without any modifications, in case they are
selected for doing so.
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GUIDELINES
FOR
COMMERCIAL
PROPOSAL
1. The commercial proposals for the proposed ERP solution and the
commercial proposal for implementation services will be in two
separate forms
2. The commercial proposal for the implementation services will be
signed by the authorised signatory of the SI
3. The commercial proposal for the proposed ERP solution to be signed
by the authorised signatory of the ERP solution OEM
4. The two commercial proposals will be submitted in two separate
covers
5. Both the proposals for the ERP solution and the implementation
services are expected to cost for the complete requirements of
KMRL as per this RFP.
6. Prices shall be quoted entirely in Indian Rupees.
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COMMERCIAL
PROPOSAL FOR
ERP
SOLUTION
1. The commercial proposal for the proposed ERP solution will cover all
the elements or solution components proposed in the bill of
materials for the ERP solution.
2. The commercial proposal will cover all the technical requirements,
the functional specifications and the user base of KMRL
3. All the separately and independently priced/licensed elements or
modules of the ERP solution are priced separately
4. The charges for the annual technical services or ATS also should be
clearly indicated in the commercial proposal
5. As indicated earlier, KMRL will have the right to procure the
proposed ERP solution directly from the OEM. The commercial
proposal should clearly indicate the applicable taxes, if the ERP
solution is bought directly from the OEM. It is also requested to
indicate the applicable taxes if the ERP solution bought through the
bidder.
6. It should be separately and clearly indicated how the local taxes will
be applied for selling the ERP solution by a registered entity in India
to KMRL which is headquartered at Ernakulam in the state of Kerala.
7. The payment terms for the ERP solution and the ATS should be part
of the commercial proposal.
4.13.
COMMERCIAL PROPOSAL
1. This is a fixed price project without any scope for varying the price
during the contract period. The cost of any delay in execution of the
project will be borne by the bidder
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2. The quoted price must be detailed and must cover all the
requirements of KMRL and the terms and conditions laid out by
KMRL. The quoted price must be summarized as specified in this
RFP.
8. It should be separately and clearly indicated how the local taxes will
be applied for selling these services by a registered entity in India
to KMRL which is headquartered at Ernakulam in the state of Kerala.
3. The bidder is required to provide the price under three separate
headings, as given in the format for commercial proposal
a. Price for Implementation including configuration and
development, data migration etc. as per the RFP, till
usage ready and completion of three months of user
adoption services after complete deployment.
b. Price for One year support after user adoption services.
c. Price for second and third year of support
d. Cost of manpower for costing change requests
e. Cost of Man month rates for skill augmentation
4. The following elements will be used as optional elements will be
used for calculating the total value of the commercial bids. However
these are not used for contracting, and will be used as discovered
price for managing the contract.
a. Price for second and third year of support will be
applicable only if KMRL extends the period of support and
maintenance, beyond the first year.
b. Cost of manpower for costing change requests will be
used for estimating the cost of change requests, which
may arise during implementation
c. Cost of Man month rates for skill augmentation will be
applicable for the resources deployed as members of the
internal team members, as an when KMRL requests for
them. The cost of skill augmentation service will be for the
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GENERAL CONDITIONS
1. For the purpose of costing, the bidders are requested to take the
Head Quarters of KMRL at Ernakulam, Kerala as the project site.
2. The bidder is required to bear the cost of movement/stay of its
people from its office to the Project sites during the project
3. The bidder is required to bear the cost of client side infrastructure
of laptops/desktops required by the project team of the bidders,
during the implementation.
4. The bidder is required to ensure that the costing covers all the costs
like cost of local travel, food, stay of the project team of the bidder.
5. Expenses for all/senior executives of the bidder to attend the review
meetings or meeting of the steering committee should be borne by
the bidder.
6. All the communication costs between the project team at the
project sites and the company offices will be borne by the bidder.
7. The bidder is expected to price fully in the commercial proposal for
all the services being provided by it to KMRL. Any assumptions
about possible future recovery of the under-priced items shall be at
the risk of the bidder.
8. The bidder should provide all prices, quantities as per the
prescribed formats. The bidder should not leave any field blank. In
case the field is not applicable, bidder must indicate 0 (zero) in all
such fields.
9. It is mandatory to provide breakup of all taxes, duties and levies
wherever applicable and/or payable.
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10.
PAYMENT
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PERIOD
OF
VALIDITY
OF
BIDS
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5.
5.1.
ON
RFP
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PRE-BID CONFERENCE
BID
1 : EMD
and
Technical
Proposal
Envelope
2:
Commerc
ial
Proposal
Page 79 of
Address
Page 80 of
Page 81 of
Page 82 of
10.
THE
RIGHTS OF
KMRL
Page 83 of
KMRL-Confidential
Page 84 of
MISCELLANEOUS
KMRL-Confidential
Page 85 of
Page 86 of
CONDITIONS
Page 87 of
THE
PROCEDURAL CONDITIONS
1. Late bids
a. Bids received after the due date and the specified time for any
reason whatsoever, shall not be entertained and will be rejected
without opening.
b. KMRL may, in exceptional circumstances and at its discretion,
extend the deadline for submission of proposals by intimating all
bidders who have received the bid documents from KMRL,
through email, in which case all rights and obligations of the
bidders previously subject to the original deadline will thereafter
be subject to the deadline as extended.
2. Withdrawal and modifications of Proposals
a. Modifications of any nature to proposal will not be allowed after
the deadline for proposal submission
b. In case the bidder submits the revised proposal, the revised
proposal shall strictly comply with all the terms and conditions of
this RFP.
c. No proposal submitted by the bidders may be withdrawn either
partially or fully in the interval between the deadline for
submission of proposals and the expiration of the validity period.
d. If a bidder intends to withdraw the proposal before the validity
period the bidder can do so by forfeiting the EMD
KMRL-Confidential
Page 88 of
CONFLICT
OF INTEREST
1. A bidder shall not have a conflict of interest that may affect the
Selection Process or the ERP implementation project. Any bidder
found to have a Conflict of Interest shall be disqualified. In the
event of disqualification, KMRL shall appropriate the Performance
Security, if available, as mutually agreed genuine pre-estimated
compensation and damages payable to KMRL for, inter alia, the
time, cost and effort of KMRL including consideration of such
bidders Proposal, without prejudice to any other right or remedy
that may be available KMRL hereunder or otherwise.
2. The bidder shall furnish an affirmative statement as to the absence
of, actual or potential conflict of interest on the part of the bidder
due to prior, current, or proposed contracts, engagements, or
affiliations with KMRL. Additionally, such disclosure shall address
any and all potential elements, which would adversely impact the
ability of the bidder to complete the requirements as given in the
RFP.
5.9.
DISQUALIFICATION
OF
BIDS/PROPOSALS
Page 89 of
KMRL-Confidential
Page 90 of
ENTIRE DOCUMENTS
KMRL-Confidential
Page 91 of
AUTHENTICITY
RIGHT
OF
VERIFICATION
Page 92 of
PROHIBITED
PRACTICES
KMRL-Confidential
Page 93 of
Page 94 of
KMRL-Confidential
Page 95 of
6. EVALUATION
6.1.
OF PROPOSALS
1. The bids will be opened on the specified date, time and address in
the presence of bidders representatives who have been authorized
to attend the Bid opening sessions.
2. In the event of the specified date of bid opening being declared a
holiday for KMRL, the Bids shall be opened at the same time and
location on the next working day.
3. KMRL will go ahead with bid opening, even if the authorized
representatives of the bidders abstain from these bid opening
sessions.
4. Opening of Commercial Proposal The commercial bids of only
those bidders who have scored more than the threshold points as
prescribed in the Technical Evaluation process will be opened.
5. The commercial bids of those who have scored less than the thresh
hold points as prescribed, will not be opened
6.2.
KMRL-Confidential
Page 96 of
CLARIFICATIONS
Page 97 of
SCRUTINY
The following activities will be carried out as the first step in the bid
evaluation process
1. Scrutiny of the EMD/bid security
2. Scrutiny of the documents submitted as per the general guidelines
on the following
a. Proposal covering letter
b. Impact of litigation statement
c. Conflict of interest statement
3. Only those bids for which EMD has been submitted and which have
the above three documents in order will be processed further.
4. Assessment of the eligibility of against the conditions listed in the
RFP and compliance of the responses as per the respective formats
listed in the Annexure
KMRL-Confidential
Page 98 of
6.5.
THE
PROCESS OF EVALUATION
Tb
30
T max 100
( )
T n=
where:
KMRL-Confidential
Page 99 of
below:
F min 70
Fb
100
( )
Fn =
where:
Fn = Normalized financial score for the Bidder under
consideration
Fb = The commercial bid value of the Bidder under
consideration
Fmin = Minimum commercial Value bid
11.
below:
B n=T n+F n
where:
Bn = Overall score of the Bidder under consideration
Tn = Normalized technical score of the Bidder under
consideration
Fn = Normalized financial score of the Bidder under
consideration
12.
Page 100 of
selected for award of work. The final scores would be rounded off to
two decimals and in case of a tie, the bidder with lower financial
quote will be selected.
6.6.
PRESENTATION
OF THE
PROPOSAL
EVALUATION
OF TECHNICAL
PROPOSAL
Page 101 of
CLARIFICATIONS
TO THE
TECHNICAL PROPOSAL
SCORING
ERP
SOLUTION
Points
5 points
25 points
KMRL-Confidential
Page 102 of
4 points
25 points
10 points
15 points
16 points
100 points
Point
Page 103 of
s
Standard
Work
Around
Customizat
ion
Third Party
Not
Possible
d. The total score for each of the bid will be normalised for a
maximum possible score of 25, (the achievable maximum
score if all the requirements were standard features)
6. The licensing terms will be assessed for clarity, transparency and
ease of administration and the relationship to the bill of materials
and the metrics.
7. The points for references of deployment will be allocated as below
Response
References of Deployment in Metro rail
organizations and Railway operations*
organisations in India.
References of Deployment in public sector
organizations or public sector enterprises,
specifically for the functions of payroll, HR
and finance & accounts
Points
20 points for four
references
5 points for five
references
Total score
25 points
Page 104 of
KMRL-Confidential
Points
8 points for two
references
8 points for two
references
16 points
Page 105 of
SCORING
Points
5 points
5 points
100 points
Page 106 of
COMMERCIAL
PROPOSAL EVALUATION
KMRL-Confidential
Page 107 of
CALCULATION
KMRL-Confidential
Page 108 of
CORRECTION
OF ERRORS
KMRL-Confidential
Page 109 of
6.14.
NEGOTIATION
WITH THE
ERP
SOLUTION
OEM
CONTRACT
1. KMRL will select the ERP solution proposed by the successful bidder
for ERP implementation services.
2. KMRL will open the commercial proposal of the proposed ERP
solution, only after selection of the successful bidder
3. KMRL will have the rights to negotiate with the ERP solution OEM
and sign a contract directly with the ERP solution OEM, for the
supply of ERP solution.
4. If the commercial negotiation with the ERP solution OEM fails, or the
ERP solution OEM refuses to sign the contract to supply the ERP
solution directly, KMRL will have the right to nullify the complete bid
process, without getting into contract with the successful bidder for
ERP implementation services.
6.15.
NOTIFICATION
OF
AWARD
5. KMRL reserve the right to negotiate with the bidder whose proposal
for ERP implementation services has been ranked as successful
bidder by the committee on the basis of price quoted in the
commercial proposal and also the other commercial terms and
conditions furnished in the Technical proposal
6. Award of contract for the project: After the completion of the bid
evaluation process and determination of the successful bidder, and
completion of the negotiations if any, as listed in the RFP, a Letter
of Award (the LOA) shall be issued, in duplicate, by KMRL to the
successful bidder and the successful bidder shall, within 7 (seven)
days of the receipt of the LOA, sign and return the duplicate copy of
the LOA in acknowledgement thereof. In the event the duplicate
copy of the LOA duly signed by the successful bidder is not received
by the stipulated date, KMRL may, unless it consents to extension
of time for submission thereof, cancel the LOA and the next highest
ranking bidder may be considered.
KMRL-Confidential
Page 110 of
7. The notification of award or the issue of LoA will not constitute the
formation of the contract.
8. The successful bidder who has been issued with a LOA is expected
to furnish a Performance Bank Guarantee (PBG) for an amount
which is 10% of the contract value. This Performance Bank
Guarantee has to be from any of the state banks or Nationalized
Bank or a Private Bank which is authorized to do business with
Government.
9. The contract between the successful bidder and KMRL will come
into force only upon the bidder furnishing the Performance Bank
Guarantee as per conditions laid out in this RFP and KMRL signing
the contract with the successful bidder.
10.
Conditions of the RFP, the terms as put forward by KMRL and/or the
failure to present the Performance Bank Guarantee within the
KMRL-Confidential
Page 111 of
KMRL-Confidential
Page 112 of
5. In the event of the bidder being unable to service the contract(s) for
whatever reason, KMRL would invoke the PBG. Notwithstanding and
without prejudice to any rights whatsoever of KMRL under the
contract in the matter, the proceeds of the PBG shall be payable to
KMRL as compensation for any loss resulting from the bidders
failure to perform/comply with its obligations under the contract.
KMRL shall notify the bidder in writing of the exercise of its right to
receive such compensation within 14 days, indicating the
contractual obligation(s) for which the bidder is in default.
6. KMRL shall also be entitled to make recoveries from the bidders
bills, Performance Bank Guarantee, or from any other amount due
to him, the equivalent value of any payment made to him due to
inadvertence, error, collusion, misconstruction or misstatement.
6.17.
COMPLAINTS
AND
DISPUTE RESOLUTION
KMRL-Confidential
Page 113 of
ANNEXURE I-FORMATS
CHECK
1. GENERAL
FORMAT AND
ELIGIBILITY REQUIREMENTS
General Format
Format/response
requirement
Submitted -Yes/No
Registration contact
person
Proposal covering
letter
Impact of litigation
Conflict of interest
EMD
Processing fee
Eligibility Requirement
Eligibility Criteria
Submitted
-Yes/No
Qualification
Yes/No*
Registered in India
Three years of operations
Black listed by
governments
KMRL-Confidential
Page 114 of
Unsatisfactory performance
PAN number
Service Tax number
Financial statement
Two customers for the
proposed ERP, in India
Two customers for the
proposed ERP among public
sector/government
organisations
The size of the consulting
team for the proposed ERP
solution, on the rolls of the
bidder
Partnership with the OEM of
the proposed ERP Solution
Quality Certification
Validation of
implementation references
*to be indicated based its own assessment of the response by the bidder
2. CHECK
ERP
SOLUTION
Possible technical
score*
Page 115 of
*to be indicated based its own assessment of the response by the bidder
Format/response
requirement
Submitted -Yes/No
Technical proposal
covering letter for ERP
solution
IPR /Solution
ownership declaration
Validation of ERP
solution deployment
references
3. CHECK
KMRL-Confidential
Possible technical
score*
Page 116 of
*to be indicated based its own assessment of the response by the bidder
Format/response
requirement
Submitted -Yes/No
Technical proposal
covering letter for ERP
Implementation
Declaration of IP/
partnership
Validation of ERP
solution
implementation
KMRL-Confidential
Page 117 of
references
KMRL-Confidential
Page 118 of
GENERAL
1. REGISTRATION
TO RECEIVE THE
RFP DOCUMENTS
Secondary
Contact
Name:
Title:
Company Name:
Address:
Phone:
Mobile:
Fax:
E-mail:
We understand that it will be the responsibility of our organization to
keep KMRL posted of any changes in this list of authorized persons and
we fully understand that KMRL shall not be responsible for non-receipt or
non-delivery of any communication and/or any missing communication in
the event reasonable prior notice of any change in the authorized
person(s) of the company is not provided to KMRL.
KMRL-Confidential
Page 119 of
KMRL-Confidential
Page 120 of
2. PROPOSAL
COVERING LETTER
Dear Sir,
This is to notify you that our company intends to submit a proposal in
response to the RFP for providing implementation services for the ERP
(name of the solution) at KMRL.
We confirm that the information contained in this response or any part
thereof, including its exhibits, and other documents and instruments
delivered or to be delivered to the KMRL are true, accurate, verifiable and
complete. This response includes all information necessary to ensure that
the statements therein do not in whole or in part mislead KMRL as to any
material fact in its short listing process.
We fully understand and agree to comply that on verification, if any of the
information provided here is found to be misleading the short listing
process or unduly favors our company in the short listing process, we are
liable to be dismissed from the selection process or termination of the
contract during the project, if selected to do so, for providing
implementation services to KMRL.
It is hereby confirmed that I/We are entitled to act on behalf of our
corporation/company/ firm/organization and empowered to sign this
document as well as such other documents, which may be required in this
connection.
Dated this
(Signature)
KMRL-Confidential
Day of
201
(In the capacity of)
Page 121 of
Duly authorized to sign the RFP Response for and on behalf of:
Sincerely,
[The Companys name]
Name
Title
Signature
Date
(Name and Address of Company)
Date
(Seal here)
KMRL-Confidential
Page 122 of
Duly authorized to sign the RFP Response for and on behalf of:
Sincerely,
Company Seal
Name
Title
Signature
Date
(Name and Address of Company)
KMRL-Confidential
Page 123 of
4. CONFLICT
OF INTEREST
KMRL-Confidential
Page 124 of
5. DECLARATION
ON
GOVERNMENT REGULATION
Authorized Signatory
Designation
Company Seal
KMRL-Confidential
Page 125 of
6. COMPANY INFORMATION
(To be submitted on the Letterhead of the Bidder)
(Place) (Date)
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
KMRL-Confidential
Page 126 of
Commercial Information
FY 201213
FY 201112
FY 201011
8. IMPLEMENTATION EXPERIENCE
(To be submitted on the Letterhead of the Bidder)
(Place) (Date)
KMRL-Confidential
Page 127 of
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
The ERP Implementation Project Information (one form for each
project reference duly certified by authorized signatory).
ERP solution implemented
The name of the solution
The Solution components implemented
The scale of deployment in terms of number of users
The operation areas, functions covered
Client Information
Name of client
Name of the person who can be referred to from Clients' side, with
name, designation, postal address, contact phone, fax number, e-mail id,
Nature of business / operations of client
Project Details
Brief description of the Project
Scope of the Project
Details of services provided
Supporting Documents attached herewith
KMRL-Confidential
Page 128 of
9. IMPLEMENTATION EXPERIENCE
(To be submitted on the Letterhead of the Bidder)
(Place) (Date)
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
Sub: the project completion declaration
We confirm that based on the internal documents, the following projects
have been completed as per the respective contracts and billed/invoiced
for the services rendered as per the respective contracts.
The referred Project and contract
reference
KMRL-Confidential
Page 129 of
10. COMPETENCY
(To be submitted on the Letterhead of the Bidder)
(Place) (Date)
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
Sub: The competency and expertise
We confirm that based on the internal documents, the following
competency or expertise
Certified Consultants Information
Number of the ERP Solution (name of
the ERP) Consultants in the Company
Supporting Documents
Certification by the company auditors/Company Secretary supporting the
number of consultants in the organization
Signed by the auditor/Company Secretary/CFO/CEO of the company
Designation
Company Seal
KMRL-Confidential
Page 130 of
Product Name
Remarks
Yours faithfully,
Authorized Signatory [In full and initials]:
Designation
OEMs company name
Dated this ___ day of ___201_
Address:
Seal/Stamp of OEM
KMRL-Confidential
Page 131 of
KMRL-Confidential
Page 132 of
13. FORMAT
FOR
__________________________
Beneficiary: __________________________
Invitation for Bids No: ________________________________________
Date: __________________________
BID GUARANTEE No.: __________________________
Guarantor: ________________________________________________
We have been informed that __________________________ (hereinafter called
"the Applicant") has submitted or will submit to the Beneficiary its bid
(hereinafter called "the Bid") for the execution of ________________ under
Invitation for Bids No. ___________ (the IFB).
Furthermore, we understand that, according to the Beneficiarys
conditions, bids must be supported by a bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably
undertake to pay the Beneficiary any sum or sums not exceeding in total
an amount of ___________ (____________) upon receipt by us of the
Beneficiarys complying demand, supported by the Beneficiarys
statement, whether in the demand itself or a separate signed document
accompanying or identifying the demand, stating that either the
Applicant:
(a) has withdrawn its Bid during the period of bid validity set forth
in the Applicants Letter of Bid (the Bid Validity Period), or
any extension thereto provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary
during the Bid Validity Period or any extension thereto provided by
the Applicant, (i) has failed to execute the contract agreement, or (ii)
has failed to furnish the performance security,, in accordance with
the Instructions to Bidders (ITB) of the Beneficiarys bidding
document.
This guarantee will expire: (a) if the Applicant is the successful bidder,
upon our receipt of copies of the contract agreement signed by the
Applicant and the performance security issued to the Beneficiary in
KMRL-Confidential
Page 133 of
_____________________________
[Signature]
KMRL-Confidential
Page 134 of
14. REQUEST
FOR
CLARIFICATIONS (RFC)
S.
No
Bidding
Document
Reference(s)
(section
number/ page)
Content of RFP
requiring
Clarification
The clarification
required
1
2
Note:
The name of the organization and the date shall appear in each page
of such a document/email in the header or footer portion.
KMRL-Confidential
Page 135 of
15. AUTHORIZATION
Sir,
Sub: Authorization for Representation at Bid Opening ERP
implementation project of KMRL
I/We declare and confirm that Mr. /Ms. __________________ has been
duly authorized by us to represent us at the opening of technical and
commercial bids. He/She will be carrying valid photo identification as per
below details:
Name as on the ID
ID Number
Designation
We undertake to furnish any additional documents that may be
requested by you in respect of the aforesaid authorization.
Yours faithfully,
Encl: Photocopy of the ID of the representative
KMRL-Confidential
Page 136 of
TECHNICAL
1. PROPOSAL
ERP SOLUTION
ERP
SOLUTION
Dear Sir,
This is to notify you that our company intends to submit a proposal in
response to the RFP to supply the ERP (name of the solution) at KMRL.
We confirm that the information contained in this response or any part
thereof, including its exhibits, and other documents and instruments
delivered or to be delivered to the KMRL are true, accurate, verifiable and
complete. This response includes all information necessary to ensure that
the statements therein do not in whole or in part mislead KMRL as to any
material fact in its short listing process.
We fully understand and agree to comply that on verification, if any of the
information provided here is found to be misleading the short listing
process or unduly favors our company in the short listing process, we are
liable to be dismissed from the selection process or termination of the
contract during the project, if selected to do so, for providing
implementation services to KMRL.
It is hereby confirmed that I/We are entitled to act on behalf of our
corporation/company/ firm/organization and empowered to sign this
document as well as such other documents, which may be required in this
connection.
We also declare that in the event of our ERP solution, being selected for
implementation at KMRL, we are in agreement to negotiate the
commercials for the ERP solution and we will sign the contract for supply
KMRL-Confidential
Page 137 of
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the RFP Response for and on behalf of:
Sincerely,
[The Companys name]
Name
Title
Signature
Date
(Name and Address of Company)
Date
(Seal here)
KMRL-Confidential
Page 138 of
2. THE
ERP
SOLUTION
Dear Sir,
We the ERP solution OEM for the ERP solution (name of the proposed ERP
solution) and the partner (name of the SI) for implementation of the ERP
solution, have jointly assessed the fitment of the ERP solution against the
functional requirement statement or FRS, circulated by KMRL along with
the RFP, and in agreement with the fitment statement provided with the
technical response for the ERP solution.
Signed jointly by the authorized signatories of the SI and OEM, with
company seals
KMRL-Confidential
Page 139 of
BILL OF MATERIAL
Solution components
Unit of
licensing
No of units proposed
KMRL-Confidential
Page 140 of
4. THE
REFERENCES OF
ERP
DEPLOYMENT
KMRL-Confidential
Page 141 of
5. THE
Yes or
No
Page 142 of
KMRL-Confidential
Page 143 of
6. THE
COMPLIANCE TO
STRATEGIC
REQUIREMENTS
KMRL-Confidential
Page 144 of
7. THE
PARTNER ECOSYSTEM
KMRL-Confidential
Page 145 of
8. INDIA
R&D
KMRL-Confidential
Page 146 of
9. REFERENCE
KMRL-Confidential
Page 147 of
10.
VALIDATION
OF DEPLOYMENT REFERENCES
KMRL-Confidential
Page 148 of
11.
IPR/SOLUTION
OWNERSHIP DECLARATION
Authorized Signatory
Designation
KMRL-Confidential
Page 149 of
KMRL-Confidential
Page 150 of
TECHNICAL
Having examined the bid document, the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to provide the implementation
services for the ERP solution (name of the ERP) at KMRL as required and
outlined in the RFP.
We attach hereto the bid technical response as required by the bid
document, which constitutes our proposal.
We undertake, if our proposal is accepted, to provide all the services put
forward in this RFP or such features as may subsequently be mutually
agreed between us and KMRL or its appointed representatives.
We agree for unconditional acceptance of all the terms and conditions set
out in the bid document and also agree to abide by this bid response for
a period of six months from the date fixed for bid opening and it shall
remain binding upon us with full force and virtue, until within this period
a formal contract is prepared and executed. This bid response, together
with your written acceptance thereof in your notification of award, shall
constitute a binding contract between us and KMRL
We confirm that the information contained in this proposal or any part
thereof, including its exhibits, schedules, and other documents and
instruments delivered or to be delivered to the KMRL is true, accurate,
and complete. This proposal includes all information necessary to ensure
that the statements therein do not in whole or in part mislead KMRL as to
any material fact.
We agree that you are not bound to accept the lowest or any bid
response you may receive. We also agree that you reserve the right in
absolute sense to reject all or any of the products/ service specified in the
bid response without assigning any reason whatsoever.
KMRL-Confidential
Page 151 of
(Signature)
Day of
201
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Page 152 of
2. PROFILE
OF
PROJECT TEAM
Name of Resource
Designation
No
1
2
4. RESOURCE
Team
member
LOADING
Role and
expertise
KMRL-Confidential
Involvement during
which activity
Expected duration
of involvement
Page 153 of
5. PROJECT
PLAN
Project
activity
Timelines
The experts
involved
Number of
people
Deliverable
6. DELIVERABLES
1. The list of deliverables
2. The templates for each of the deliverables
3. The acceptance criteria for the deliverables
KMRL-Confidential
Page 154 of
7. REFERENCES
FOR
METRO RAIL
OR TRANSPORT OR
RAILWAYS
KMRL-Confidential
Page 155 of
8. VALIDATION
OF IMPLEMENTATION REFERENCES
KMRL-Confidential
Page 156 of
9. DECLARATION
ON
IPR/PATENT
RIGHTS
- SI
Authorized Signatory
Designation
Bidders corporate name
KMRL-Confidential
Page 157 of
COMMERCIAL PROPOSAL
FORMATS FOR
ERP
SOLUTION AND
IMPLEMENTATION
1. COVERING
LETTER FOR
ERP
SOLUTION PROPOSAL
Page 158 of
Day of
201
(Signature)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
Seal/Stamp of bidder
KMRL-Confidential
Page 159 of
2. COMMERCIAL
ERP
IMPLEMENTATION
Page 160 of
Day of
201
(Signature)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
Seal/Stamp of bidder
KMRL-Confidential
Page 161 of
3. THE
ERP
SOLUTION
1.
2.
3.
4.
5.
6.
7.
Unit price
No. of units
Total price
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Page 162 of
4. THE
ERP SOLUTION
Dated this
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Page 163 of
5. THE
1.
2.
3.
4.
5.
Base
Price
Tax
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Page 164 of
1.
2.
3.
Base
price
Tax
Implementation activities
till usage ready for all the
functions except eprocurement
Cost of services during
from usage ready till
completion of
stabilisation support
Implementation of eprocurement system
4.
Training cost
5.
Total price
1.
2.
3.
Base
price
Tax
KMRL-Confidential
Page 165 of
Price element
1.
2.
3.
4.
5.
Base
price
Tax
Tables C2, C3 and C4 provide the breakup of the price for the respective
prices in the commercial proposal indicated in Table C1. KMRL reserves
the right to place item wise work orders.
KMRL-Confidential
Page 166 of
6. THE
Dated this
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Page 167 of
TOWARDS
PERFORMANCE
PERFORMANCE GUARANTEE
Ref. No. ______________________________
Dated _________________
To,
KMRL
Dear Sir,
1. In consideration of The Director (System) Kochi Metro Rail Limited
(KMRL), having its office at Revenue Tower, 8th Floor, Park Avenue
Ernakulam Kerla, India 682011 (hereinafter referred to as `KMRL',
which expression shall, unless repugnant to the context or
meaning thereof, include all its successors, administrators,
executors and assignees) after receipt of the LOI dated
_______________
as
the
referred
unless
its
at
Page 168 of
Rupees/)_____________________________
without
without any
Page 169 of
whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.
5. The Bank further agrees that the Guarantee herein contained shall
remain in full force during the period that is taken for the
performance of the CONTRACT and all dues of KMRL under or by
virtue of this CONTRACT have been fully paid and its claim satisfied or
discharged or till KMRL discharges this guarantee in writing, whichever
is earlier.
6. This Guarantee shall not be discharged by any change in our
constitution, in the constitution of KMRL or that of the CONTRACTOR.
7. The Bank confirms that this guarantee has been issued with
observance of appropriate laws of the country of issue.
8. The Bank also agrees that this guarantee shall be governed and
construed in accordance with Indian Laws and subject to the exclusive
jurisdiction of the Courts of Kochi.
9. Notwithstanding anything contained herein above, our liability
under this Guarantee is limited to Indian Rs. (in figures)
______________ (Indian Rupees (in words) ____________________) and
our guarantee shall remain in force until______________________.
(indicate the date of expiry of bank guarantee) Any claim under this
Guarantee must be received by us before the expiry of this Bank
Guarantee. If no such claim has been received by us by the said date,
the rights of KMRL under this Guarantee will cease. However, if such
a claim has been received by us within the said date, all the rights
of KMRL under this Guarantee shall be valid and shall not cease
until we have satisfied that claim.
In witness whereof, the Bank through its authorized officer has set its
hand and stamp on this........ day of ........20___ at .....................
WITNESS NO. 1
-------------------------KMRL-Confidential
------------------------Page 170 of
(Signature)
(Signature)
Dated.
-------------------------(Signature)
Full name and official
Address (in legible letters)
KMRL-Confidential
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ANNEXURE II-FRS
Functional Requirement Specifications
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Functional Requirement - HR
Master Data / Configuration Data Requirements
Employee Master
Ability to maintain and update where required following details of
employee master data:
Names and details of self, spouse, children, parents, dependants,
nominees under different schemes, PAN No. and signature
Postal Addresses - home, mailing, permanent, office, e-mail addresses
and phone numbers for self, spouse, dependants, emergency contacts
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Functional Requirement - HR
including contracts of family members
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Functional Requirement - HR
Present place of posting including name of the department, cost
centre, division etc.
Ability to maintain / update union membership data and processing
for deduction of membership fee through pay-roll processing
History of disciplinary actions against the employee including date of
charge, nature of charge, amount of financial loss to organization,
date of punishment and nature of punishment. This must include
Vigilance/ CBI/ Criminal proceedings.
Ability to provide dynamic user defined query/ report facilities based
on the defined user login/security levels for Personnel department as
well as for other Users. Views of information on user-defined criteria
like date wise, category-wise, qualification-wise, experience-wise,
male-female, etc. Should support maintenance of statutory registers
(like Form-11, Form-12)/Establishment schedule / muster rolls etc.
Ability to change employment status from full-time to part-time, or
part-time to full-time.
Ability to send email/notification to the concerned departments like
Accounts etc. on change of employee status
Ability to update a field indicating whether the employee has taken
the home lease facility and link it to the payroll
Ability to track each employees start dates and end dates for each
position held / event during service for user-defined period.
Ability to create/ update organizational chart of all positions and
reporting relationships.
Ability to drill down facilities to access information of the employees
at various levels - to go from organization level to sub levels like Unit
level, department level and employee level
Ability to provide restricted access to different classes of employee
master data
Ability to track, calculate and trend employee participation through
Knowledge Management database.
Transaction / Process / Activity Requirements
Training
Ability to incorporate the Induction Plan (a plan of abut 3-4 weeks
during which the newly joined employees move across all
departments and understand their working)
Ability to enter the evaluation results in the system of the individual
induction reports prepared by the employees at the end of the
Induction Programme
Ability to check whether the employees have crossed the expected
benchmark score in their evaluation results by the evaluation
committee
Ability to provide a Training Needs Requirement Form to employees
online which can be filled in the system and the results can be
collated for analysis
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Functional Requirement - HR
Ability of the Corporate HR to prepare a comprehensive Training Plan
in the system based on inputs on training needs
Ability to perform a comprehensive skills gap analysis using Skills Gap
Form for non-executives on a periodic basis by each department
Ability to plan, maintain and track Training Schedules for executives
and non-executives
Ability to collect training feedback online
Ability to capture details of the On-the-Job trainings
Ability to automate the workflow of training requisitions, approvals etc
Ability to evaluate cost of individual trainings and validate the same
with the training budget line item
Ability to capture details of discipline (channel)-wise, program-wise
courses conducted monthly, quarterly, half-yearly, yearly and
cumulative
The system should be able to send training notices /remainders at
pre-determined time lines to participants via email/SMS etc.
Ability to maintain external certifications obtained by staff
Performance Management
Ability to capture all details of the Performance Appraisal Forms in the
system
Ability to enable workflows between Employees, evaluators and
reviewers in a step by step fashion
Ability to link promotion eligibility based on performance ratings and
disciplinary actions for employees
Ability to setup goals / performance expectations for individuals at the
beginning of the year and even in mid-year (optional)
Ability to maintain the appraisal ratings and feedback in the system
for the current year
Support to generate reminder letters/e-mail to the employees/
appraising authorities in case of non-submission of appraisal reports
etc.
The system shall store the results of the employees performance
evaluation such as Start and End Date for evaluation, Manager, Total
Score, Employee Development Information, Comment
Ability to archive appraisal ratings and feedback in the system for
previous years
Recruitment
Ability to interface with Govt. authorities for intimation of vacancies
for sanctioned strength of trainees under Apprenticeship Act
Ability to arrive at vacancies to be reserved for SC / ST / OBC /
Physically disabled categories
Ability to raise the indent / Manpower Requisition Form (MRF) in the
system
Ability to introduce workflow based approval system for the MRF /
indent
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Functional Requirement - HR
Ability to maintain applicant database in the system
Ability to connect the online application link (at the company website)
to the central applicant data base
Ability to conduct first level of screening in the system by matching
against key words of educational, skill requirements mentioned in the
indent
Ability to gather the list of Candidates from the Govt. Authorities
registered with KMRL
Ability to enter the details of short listed candidates who respond to
advertisement on the basis of age, qualification, experience etc.
Ability to schedule interviews of the shortlisted candidates and enter
interview results / comments in the system
Ability to generate Interview Call Letter
Ability to receive online approval from
Ability to generate Appointment Letter
Ability to update and maintain the recruitment tracker on employees
joining / not joining after appointment letter is issued
Ability to generate a report in a prescribed format to list the
receivables from Board of Apprenticeship as mentioned above
For Training & Development Scheme, an approval note on the list of
positions, job specifications, is generated. The system should support
in generating this and also have the ability to route the approval
workflow to the concerned authorities
Ability to track, calculate and trend for various categories
a)Recruitment cost incurred/employee
b)Time taken for filling up a vacancy i.e from paper ad to appointment
letter
c)No. of days taken to respond to an applicant etc.
Ability to maintain temporary posts as per requirements
Joining & Relieving
Ability to capture information of the Joining Form and transfer the data
towards maintenance of Employee master
Ability to generate unique Employee Code
Ability to apply and submit resignation online in the system
Ability to generate Dues Report for the employee and show any
outstanding amount in any category / department from the system
Ability to generate No Dues Certificate / Clearance to the employee
Ability to capture and archive relevant details from Exit Interview
Attendance & Leave Management
Ability to integrate attendance punch card system with the HR module
of the ERP
Ability to enter and modify attendance data of employees directly in
the system when punch cards are not operating
Ability to link up attendance with salary processing / financials
Ability to apply and approve leave online
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Functional Requirement - HR
Automate the leave approval workflow of the employee through the
concerned approving authorities
Ability to maintain and update the leave database for employees
Ability to scan / capture details of medical certificates with relevant
Leave Record of the employee
Ability to maintain updated leave balances against individual
employees
Ability to link wage / salary cut due to excess leave taken by
employees
Ability to record time stamp of records entered and prevent back
dated entries
LTC availing and Claim
Ability to auto verify names of dependents (from employee master)
Ability to validate the mode of travel with the employee's eligibility on
the same based on his grade / seniority etc.
Ability to route the application form through the concerned approving
authorities as a workflow
Ability to send the verification form to Finance Department on a
workflow after due approvals (may be multi-level if required) from HR
Ability to verify the submission and enter remarks / comments and
approve / reject the settlement form
Ability to capture application for advance
Ability to check and verify eligibility criteria of dependents and
prepare eligibility list online
Ability to send auto alert to concerned departments on availing of LTA
by an employee
Loans and Advances
Ability to setup loan eligibility against different employee grades
Ability to apply and send online the application for loan in the system
to HR
Ability to generate a sanction note and its approval online in the
system
Ability to intimate Accounts section on remittance of instalments after
due processing by the financial institution
Ability to introduce workflow based approval system for the housebuilding/maintenance loan
Ability to avail interest subsidy on loan as per corporate policy
Ability to process applications and necessary approvals for loans in
the system
Increments
Ability to maintain and update the scale of pay for different categories
of employees of the organization
Ability to generate list of employees due for increment (preferable one
month earlier)
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Functional Requirement - HR
certificate etc.
Ability to raise note in case of accidents which happen within the
factory premises
Ability to send the note to accounts after approval for payment and to
time office / leave function for updating leave
Vehicle & Estate Management
Left Blank
Left Blank
Ability to raise and send Travel Forms online from different
departments
Ability to record daily trips and reconcile with contract / payment
settlement
Confirmation and Placement of Trainees
Ability to generate a confirmation note on completion of probation of
trainees
Ability of the system to generate a report / generate alerts to remind
HR about completion of probation period of trainees at least 1 day
before
Ability to generate Confirmation Letters to confirmed trainees
Ability to extend probation period of trainees if found required
Ability to generate a list of all trainees who have completed 1 year in
the organization
Ability to send the names and PR forms to different departments
Left Blank
Ability to process travel requisition including capture of settlement
details against the specific requisition
Reporting / Document Outputs / MIS Requirements
Report of Recoverables from salary
Report on new joinees, resignees and retirees
Reports of employees based on the categorisation of Length of
Service, Age, Qualification, etc
Attendance Report - normal, overtime, unauthorized absence, late
arrival, punch recorder output
Leave status
List of applications and processing status for availing benefits - lease,
LTC etc.
Report the number of resignations, retirements, transfers and
promotions quarterly / half-yearly / annually
Report the current stage and status of a hiring process
Report the number of applicants for each positions
Report the recruitment cost per department
Individual and departmental training reports.
Left Blank
Report with the attended training programs, and total training hours
for each employee during the year
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Functional Requirement - HR
Reports on mediclaim processing - claims received and processed
Performance appraisal rating for all employees
Report on performance of an employee including ratings as captured
in the system on a need basis
Report on manpower utilisation across units
Report on LTC availment vs encashment
Report on list of vacancies
Report on employees / contract laborers engaged against a specific
indents for annual return
- Interview Call Letter
- Appointment Letter
- Confirmation Letter
- Promotion Order
- Pay fixation statement
Left Blank
- Certificate of experience
- Competency evaluation form for training
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Ability to rework and resubmit the indent for approval after necessary
modifications (edit after submission).
Ability to allocate funds against an indent online from department
procurement budget.
Ability to direct the indent to the relevant approving / concurring
authority as per the indent type ( Capital / Revenue) and Delegation of
Power
Ability to differentiate between approved, pending for approval and
rejected indents
Ability to link the Purchase indent with the respective Cost centre
Ability to trace the indent to the indenter, department, shop floor etc.
with the audit trail with regard to date
Ability to track on indents raised per user dept / cost centre , buyer
group/person
Ability to convert indent to a final stage by indenter, after this further
modifications by indenter is restricted.
Ability to specify whether items in the indent are proprietary or not
and accordingly link proprietary certificate for proprietary items (same
is true for Quality inspection specific items and relevant quality
certificate)
Ability to track the status of an indent from indent raising to approval,
receipt of offers, placement of order, LC status, material in transit,
receipt at stores, inspection, stock charging and payment
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Ability to maintain and run the Stores Ledger detailing the opening
and closing stock, receipts, issues, price and quantity
Ability to value inventory on various methods like average, weighted
average, current, etc.
Ability to revalue inventory, with tracking to revert back / to get
original value, if required. This is to facilitate cenvat credit refund to
govt at current rate or on original value.
Ability to track stocks at sub-store after it issued from main store as
"consumed (consumption posting)" for concerned department.
Physical Inventory
Ability to perform various kinds of inventory analysis like ABC analysis,
XYZ analysis, Fast/Slow/Non-moving analysis, Min-Max analysis,
etc.with alert.
Ability to post stock adjustment transactions (positive and negative
adjustments) to adjust quantity and / or value after approval
Ability to do Stock Verification based on perpetual / cycle / physical
counting or any other defined method and periodicity
Ability to perform perpetual inventory verification by group wise,
location wise, item wise etc.
Inward Receipts Management
Ability to crosscheck delivery challan against the corresponding
purchase order
Ability to register/record inward - material details unloaded
Ability to retrieve the details of Materials ordered and received with
the Purchase order number
Ability to capture such particulars as - item name, Quantity/packing,
date of receipt, inward register number, purchase order number and
name of the supplier - for the unloaded batch
Ability to qualify and tracking of items based on colour codes - yellow
(quality check pending), green(quality approved) and red (discard)
Ability to generate MAN - information captured to also include
(delivery challen details, excise invoice information, commercial
invoice information)
Ability to alert \ route MAN to the Concerned user department
Ability to notify Purchase / Accounts departments about the rejected
materials. (Ability to generate Material Rejected Note)
Ability to receive notifications from Purchase department on approvals
for returning rejected material
Ability to notify Purchase department of excess / shortfall in material
received
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Technical Requirement
Reporting Capabilities
Ability to send the reports through fax or email
Ability to have access to data and report based on user
authorizations.
Ability to create custom formulas for repeated use in reporting tool.
Ability to provide standard report templates
Ability to schedule reports to run at periodic intervals
Ability to view reports through web
Ability of reporting both at Unit level, Company level and Group level
Ability to provide MIS dashboards for senior management
Ability to archive reports and use in Document management
Ability to create custom reports using wizard
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Technical Requirement
Ability to generate process reports like lead time between receipt of
sales order and payment from client etc.
Ability to print reports of transactional nature such as vouchers (e.g.
invoice voucher, payment voucher, GRN etc) to facilitate transaction
processing
Ability to print reports directly through networked printer
Ability to generate report output directly in excel / pdf / text/ XML or
such other file types
Ability to create ad-hoc reports using filter options / customization
options
Ability to allow users the following for creating their own views or
reports with ease:
- Select column
- Apply filters and sort orders
- Summation
- Drill down
- Averaging
Ability to use existing MS-Word/ Excel / PDF document for report
template directly
Ability to export data from reports directly to MS Excel files for further
analysis / working
Ability to customize reports over and above base reports available in
base product
Ability to develop new reports as and when required and should be
performed by the client's technical team
Integration Capabilities
Ability to support integration with third party application such as
Project Management systems like MS Projects / Primavera etc.
Ability to integrate with internal applications like attendance punching
system
Ability to exchange data with Open standard XML based business
messaging protocol
Ability to have role based portal access to the system
Ability to support and integrate with Outlook and other Email system
Audit Trail Capabilities
Ability to have Audit Trail capabilities up to the level of time and
person
Ability to provide complete trace / origin of each transaction to their
respective source documents
Security and Back up Features
Ability to support role based access control
Ability to provide multiple roles for one user
Ability to configure the number of permissible log-in attempts
Ability to provide access level security for Entry forms at Field level -
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Technical Requirement
allow, Read only, Hide
Ability to provide access level security for Entry forms at Transaction
level - allow/ deny
Ability to provide access level security for reports at Transaction level
- allow/ deny
Ability to provide authorization by transaction type e.g.
update/delete/insert/modify
Ability to provide authorization by user id
Ability to define automatic time out for a transaction if not completed
with in a time frame.
Ability to define time restriction on transactions
Ability to provide user login with date range restriction
Ability to support for approval and approval thresholds
Ability to support joint approval (two or more members)
The solution software shall not clash with any other software for
functioning e.g. Anti Virus, Firewall MS-Office
The solution shall support DR with asynchronous replication of data
The system should have on line back up facility should be possible
with all clients working
The implementer should provide both on-line and off- line data
backup and restoration capabilities, appropriate archival policy and
appropriate storage solution
The solution should have in built source / application code control
program
Appropriate security architecture is to be recommended by
implementer considering authentication and authorization services,
appropriate connectivity e.g. VPN/Dialup/Internet, proxy/firewall
services, disaster recovery etc.
Ability providing access level security for Entry forms at Transaction
level - allow / deny
Ability to provide authorization by transaction type
Ability to encrypt password while data is passed on network
Ability to provide terminal soft locking facility
Ability to support 2 factor authentication for users connecting to ERP
from internet (if it is required)
Centralized repository of all identification and access control data
Single sign-on support
Support access control to individual or groups of applications.
Intrusion Detection and Prevention System (IDPS)should be used to
monitor any malicious traffic to and from internet, ERP center, WAN,
DMZ etc.
Any external connectivity to KMRL network should be connected to
KMRL through a firewall.
Ability to provide multiple roles for one user
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Technical Requirement
Ability to enable Delegation of Power (DoP) as defined in the
organization
Ability to delegate roles and permissions in case an employee is
absent and his work (approvals / rejections in a workflow
environment) needs to be carried out
Ability to revoke roles and permissions after the original employee
joins back who role was delegated to an alternate supervisor
Maintenance
The backup solution shall support both on-line and off-line data
backup and restoration capabilities.
Ability to provide regular system upgrade
Ability to have disaster management in place.
System Accessibility
Ability to access System through Application Client.
Ability to access System through Web Browser (Without Installing
Client) in future (if required)
Ability to support Interface with Mobile devices (palm-Top, Mobile
Phones, PDA) if required in future
Data Migration
The solution shall be able to import data from various formats (text,
excel, CSV, XML etc)
The solution should be able to import data from various Databases
The solution should be able to import data from email.
The solution should be able to export data in various formats (text,
excel, CSV, XML etc.)
The solution should be able to create PDF formatted reports directly
which can be sent as attachments on email
E-Procurement
General
The system must be able to log all the activities carried out on the
1
system by any user.
The administrator shall be able to make intelligent search on the log
2
based on user name, time period, type of activity, etc.
Audit trail of the entire system operations shall be maintained in
3
secured environment.
The E-Procurement system should adhere to stringent security norms
4
like SSL, firewall and other CVC guidelines
E-Procurement system will have native integration with back-end
5
functionalities for operational procurement, inventory management.
E-Procurement system will be capable to handle both materials and
6
services
7
The solution should have comprehensive business workflow engine to
create and manage different kind of workflow requirements triggered
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by specific events.
E-Procurement system should have comprehensive functionality for
supplier evaluation
Supplier evaluation can be done based on past purchase transactions
considering different parameter like price, quality, delivery, services
9
etc. The score of these parameters could be calculated automatically
by the system or entered manually.
System will have provision to conduct supplier evaluation based on
feedback from business users through questionnaire. The
10
questionnaire can be triggered on specific events automatically by the
system or by conducting a web-based survey.
It shall have standard reporting formats available. Reports shall be
11
available in these standard formats at any given time.
12
The system must provide detailed drilled down reports.
The system must enable user to configure/develop reports on different
13
parameters for trend analysis, reports on supplier participation etc.
Management of user IDs and password and setting up hierarchy levels
14
and role definitions for different users.
15
System will support multiple currencies
The system must provide a supplier administration module to add,
16
delete, enable or disable the suppliers or supplier group.
17
The system must provide for reports in both flat file and Excel formats.
The E-Procurement system should have document collaboration
facility among purchaser, bidders and suppliers. They should be able
18
to share documents in a secured manner online. The upload,
download and storage of the documents whould be folder-based and
easy-to-use.
The solution will have in-built capability to create purchasing
documents, legal contracts with clauses, terms & conditions etc and
19
stored in a structured manner. The output could be PDF MS Word or
XML file.
Vendor Registration
1
Facility for empanelment/registration of suppliers on the portal
Provision to create different questionnaire for different product
2
categories and services
Supplier will be able to register or apply for certain product or services
3
themselves over internet by entering/answering basic questions.
Based on supplier selection or application, a questionnaire can be sent
4
to supplier in a secured manner to get more information
5
The quotations can be categorized.
Questions can be answered through texts, checkboxes, yes/no with
6
validity.
Designated person can check and review answers of the questions
7
and then approve or reject the registration request.
There will be supplier directory to check different supplier with their
8
statuses
9
Potential suppliers can be confirmed to be supplier of materials or
8
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services
Supplier will receive administrative login and password information so
10
that they can maintain their own information online
After approval, supplier will be able to get notification for tenders,
11
purchase order etc to collaborate with purchaser
Suppliers will get administrative role to create other user ids for their
12
organizations to carry out different purchasing activities according to
different roles.
E-Tendering
Employees will be able to raise purchase request themselves or on the
1
behalf of other employee
Solution should have the capability of team purchasing where they
2
can do all the sourcing activities as a team and collaborate
The system shall be capable of handling limited tenders, open
3
tenders, global tenders, rate contract, reverse auction etc.
There shall be no limit with the system in terms of interacting with
4
Payment Gateways for purpose of financial transactions.
E-tendering system will support complex service procurement where
5
service can be defined in a multi-level service hierarchy with defined
value limit
For each type of payment, the work flow for making payment shall be
part of the process. For example, if vendor has to make payment for
6
tender form, the web page where tender forms are listed shall guide
the user to make payment. Once the vendor chooses to pay he shall
be taken to the payment gateway and payment shall be accepted.
System shall be capable for adoption for supporting different kind of
7
formats of tenders, tender conditions and output reports as defined by
the purchaser
The base currency of the System must be Indian Rupees. The
8
currency shall be customizable/configurable in case of global tenders.
The system must allow Users to locate tenders quickly through on-line
9
search facilities in a variety of ways including tender no, generic
descriptions, etc.
The system should provide the following bid stages in the tendering
process:
(i) Pre-Qualification bid stage
10
(ii) Technical bid stage
(iii) Reverse auction
(iv) Price/commercial bid stage
(v) Single stage, techno-commercial bid stage
11
System should be configurable to create various types of users as
mentioned below:
i) Authorized personnel from purchaser for access and use of the
different modules of the system like NIT, Bid preparation, bid
evaluation etc.
ii) Authorized personnel from the bidder organizations
iii) System Administrators
iv) Super user to control all operations on the e-Procurement Portal;
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and
v) Any other user such as payment gateway providers or as per the
architecture of the proposed solution by the vendor / consortium.
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Vendor will be able to publish its catalogue over internet which will
reflect in companys system
Vendor will be able to maintain it own information
Vendor will be able to create user ids for their own employees
Vendor will be able to get notification from purchaser
Vendor will be able to confirm service items
Vendor will be able to see changed or cancelled purchase order
Vendor will be able to reject a purchase order
Vendor will be able to partially confirm order
Vendor will be able to see delivery confirmation at purchaser site once
confirmed by the purchaser.
ANNEXURE III-
CONTRACT
AGREEMENT
Provision of Project Services for ERP Implmentation for KMRL
AGREEMENT No._________
This AGREEMENT (hereinafter called the Agreement) is made on the
_________ day of the month of ________ 2***, between, on the one hand, the
Kochi Metro Rail Limited (hereinafter called the KMRL which expression shall
include their respective successors and permitted assigns, unless the context
otherwise requires) and, on the other hand, ________________________ (hereinafter
called the System Integrator which expression shall include their respective
successors and permitted assigns).
WHEREAS
A. The KMRL vide its Request for Proposal (RFP No.----------) for appointment
of System Integrator (hereinafter called the SI) for Implmentation of
ERP Solution at Kochi Metro Rail Limited (hereinafter called the
Project);
B. The System Integrator submitted its proposals for the aforesaid work,
whereby the System Integrator represented to the KMRL that it had the
required professional skills, and in the said proposals the System
Integrator also agreed to provide the Services to the KMRL on the terms
and conditions as set forth in the RFP and this Agreement; and
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The words and expressions beginning with capital letters and defined in
this Agreement shall, unless the context otherwise requires, have the
meaning hereinafter respectively assigned to them:
(a)
Additional Costs shall have the meaning set forth in Clause 6.1.2;
(b)
(c)
(d)
(e)
(f)
Conflict of Interest shall have the meaning set forth in Clause 3.2
read with the provisions of RFP;
(g)
(h)
(i)
(j)
(k)
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Party means the KMRL or the System Integrator, as the case may
be, and Parties means both of them;
(n)
(o)
(p)
(q)
(r)
(s)
The following documents along with all addenda issued thereto shall be
deemed to form and be read and construed as integral part of this
Agreement and in case of any contradiction between or among them the
priority in which a document would prevail over another would be as laid
down below beginning from the highest priority to the lowest priority:
a
Agreement
Annexes of Agreement
Letter of Award
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(a)
The System Integrator shall carry out the Services or the Project in
accordance with the provisions of the Agreement; and
(b)
Language
All notices required to be given by one Party to the other Party and
all other communications, documentation and proceedings which
are in any way relevant to this Agreement shall be in writing and in
English language.
6
Notices
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(b)
(c)
Location
The Services or the Project shall be performed at the offices of the KMRL
in accordance with the provisions of RFP and at such locations as are
incidental thereto, including the offices of the System Integrator.
The KMRL may require the personnel to spend the required man-hours at
the offices of the KMRL and the System Integrator agrees and undertakes
to provide such services on a best effort basis and without any
unreasonable delay.
Authorised Representatives
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The KMRL may, from time to time, designate one of its officials as the
KMRL Representative. Unless otherwise notified, the KMRL Representative
shall be:
************
***********
***********
***********
Tel: ******** Fax: ********* email: *********
Effectiveness of Agreement
This Agreement shall come into force and effect on the date of this
Agreement (the Effective Date).
Commencement of Services
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Expiration of Agreement
Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this
Agreement shall, unless extended by the Parties by mutual consent,
expire upon (i) expiry of a period of 60 (sixty) days after the selection of
the agency for implementation of project; (ii) the expiry of 1 (one) year
from the Effective Date, whicher is early. Upon Termination, the KMRL
shall make payments of all amounts due to the System Integrator
hereunder.
Entire Agreement
Modification of Agreement
Modification of the terms and conditions of this Agreement, including any
modification of the scope of the Services, may only be made by written
agreement between the Parties. Pursuant to Clauses 4.2.3 and 6.1.3
hereof, however, each Party shall give due consideration to any proposals
for modification made by the other Party.
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Force Majeure
Definition
(a)
(b)
Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Partys SubContractor or agents or employees, nor (ii) any event which a
diligent Party could reasonably have been expected to both (A) take
into account at the time of the conclusion of this Agreement, and
(B) avoid or overcome in the carrying out of its obligations
hereunder.
(c)
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Suspension of Agreement
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By the KMRL
The KMRL may, by not less than 15 (fifteen) days written notice of
termination to the System Integrator, such notice to be given after
the occurrence of any of the events specified in this Clause 2.9.1,
terminate this Agreement if:
(a) The System Integrator fails to remedy any breach hereof or any
failure in the performance of its obligations hereunder, as
specified in a notice of suspension pursuant to Clause 2.8
hereinabove, within 15 (fifteen) days of receipt of such notice of
suspension or within such further period as the KMRL may have
subsequently granted in writing;
(b)The System Integrator becomes insolvent or bankrupt or enters
into any agreement with its creditors for relief of debt or take
advantage of any law for the benefit of debtors or goes into
liquidation or receivership whether compulsory or voluntary;
(c) The System Integrator fails to comply with any final decision
reached as a result of arbitration proceedings pursuant to Clause
9 hereof;
(d)The System Integrator submits to the KMRL a statement which
has a material effect on the rights, obligations or interests of the
KMRL and which the System Integrator knows to be false;
(e) Any document, information, data or statement submitted by the
System Integrator in its Proposals, based on which the System
Integrator was considered eligible or successful, is found to be
false, incorrect or misleading;
(f) As the result of Force Majeure, the System Integrator is unable to
perform a material portion of the Services for a period of not less
than 60 (sixty) days; or
(g)The KMRL, in its sole discretion and for any reason whatsoever,
decides to terminate this Agreement.
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Cessation of Services
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(a)
(b)
(c)
Except in the case of termination pursuant to Subclauses (a) through (e) of Clause 2.9.1 hereof,
reimbursement of any reasonable cost incidental to the
prompt and orderly termination of the Agreement
including the cost of the return travel of the System
Integrators Key personnel (only), provided, proof of
travel (Place. Air ticket, Fare etc.) is submitted to KMRL
at the time of mobilization.
General
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The System Integrator shall perform the Services and carry out its
obligations hereunder with all due diligence, efficiency and economy,
in accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and
employ appropriate advanced technology and safe and effective
equipment, machinery, materials and methods. The System Integrator
shall always act, in respect of any matter relating to this Agreement or
to the Services, as a faithful adviser to the KMRL, and shall at all
times support and safeguard the KMRL's legitimate interests in any
dealings with Sub-Contractor or Third Parties.
3.1.2 Terms of Reference or scope of work
The scope of Services or work to be performed by the System Integrator
is specified in the Terms of Reference (the TOR) at Annex-1 of this
Agreement. The System Integrator shall provide the Deliverables
specified therein in conformity with the time schedule stated therein.
3.2
Conflict of Interest
3.2.1 The System Integrator shall not have a Conflict of Interest and any breach
hereof shall constitute a breach of the Agreement.
3.2.2 System Integrator and Affiliates not to be otherwise interested in the
Project
The System Integrator agrees that, during the term of this Agreement and
after its termination, the System Integrator or any Associate thereof, as
well as any Sub-Contractor and any entity affiliated with such SubContractor, shall be disqualified from providing goods, works, services,
loans or equity for any project resulting from or closely related to the
Services or the Project and any breach of this obligation shall amount to a
Conflict of Interest; provided that the restriction herein shall not apply
after a period of three years from the completion of this assignment or to
consulting assignments or services granted by banks/ lenders at any
time; provided further that this restriction shall not apply to consultancy/
advisory services provided to the KMRL in continuation of this Project or
to any subsequent Project/ advisory services provided to the KMRL in
accordance with the rules of the KMRL. For the avoidance of doubt, an
entity affiliated with the System Integrator shall include a partner in the
firm of the System Integrator or a person who holds more than 5% (five
per cent) of the subscribed and paid up share capital of the System
Integrator, as the case may be, and any Associate thereof.
3.2.3 Prohibition of conflicting activities
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(a)
(b)
(c)
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(a)
(b)
(c)
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3.3
(d)
(e)
Confidentiality
The System Integrator, its Sub Contractor and the Personnel of either of
them shall not, either during the term or within Three years after the
expiration or termination of this Agreement disclose any proprietary
information, including information relating to reports, data, drawings,
design software or other material, whether written or oral, in electronic or
magnetic format, and the contents thereof; and any reports, digests or
summaries created or derived from any of the foregoing that is provided
by the KMRL to the System Integrator, its Sub-Contractor and the
Personnel; any information provided by or relating to the KMRL, its
technology, technical processes, business affairs or finances or any
information relating to the KMRLs employees, officers or other
professionals or suppliers, customers, or contractors of the KMRL; and
any other information which the System Integrator is under an obligation
to keep confidential in relation to the Project, the Services or this
Agreement ("Confidential Information"), without the prior written
consent of the KMRL.
Notwithstanding the aforesaid, the System Integrator, its Sub-Contractor
and the Personnel of either of them may disclose Confidential Information
to the extent that such Confidential Information:
(a)
(b)
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3.4
(c)
(d)
3.5
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3.6
(a)
(b)
3.7
Reporting obligations
3.7.1 The System Integrator shall submit to the KMRL the reports and
documents specified in the Agreement, in the form, in the numbers and
within the time periods set forth therein.
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General
The System Integrator shall employ and provide such qualified and
experienced Personnel as may be required to carry out the Services.
4.2
Deployment of Personnel
4.2.1 The designations, names and other particulars of each of the System
Integrators Key Personnel required in carrying out the Services are
described in Annex-2 of this Agreement. The estimate of Personnel costs
and manday rates are specified in Annex-3 of this Agreement.
4.2.2 Adjustments with respect to the estimated periods of engagement of
Personnel set forth in the aforementioned Annex-3 may be made by the
System Integrator by written notice to the KMRL, provided that (i) such
adjustments shall not alter the originally estimated period of engagement
of any individual by more than 30% (thirty per cent), and (ii) the
aggregate of such adjustments shall not cause payments under the
Agreement to exceed the Agreement Value set forth in Clause 6.1.2 of this
Agreement by more than 25% (twenty five per cent) thereof. Any other
adjustments shall only be made with the written approval of the KMRL.
4.2.3 If additional work is required beyond the scope of the Services or the
Project specified in the Terms of Reference, the estimated periods of
engagement of Personnel, set forth in the Annexes of the Agreement may
be increased by agreement in writing between the KMRL and the System
Integrator, provided that any such increase shall not, except as otherwise
agreed, cause payments under this Agreement to exceed the Agreement
Value set forth in Clause 6.1.2.
4.3
Approval of Personnel
4.3.1 The Key Personnel listed in Annex-2 of the Agreement are hereby
approved by the KMRL. No other Key Personnel shall be engaged without
prior approval of the KMRL.
4.3.2 If the System Integrator hereafter proposes to engage any person as
Professional Personnel, it shall submit to the KMRL its proposal along with
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4.5
4.6
Project Manager
The person designated as the Project Manager (the Project Manager)
of the System Integrators Personnel shall be responsible for the
coordinated, timely and efficient functioning of the Personnel. In addition,
the System Integrator shall designate a suitable person as Project
Management System Integrator who shall be responsible for day to day
performance of the Services.
4.7
The System Integrator may, with prior written approval of the KMRL,
engage additional Sub-Contractors or substitute existing Sub-Contractors.
The hiring of Personnel by the Sub-contractors shall be subject to the
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5.2
(a)
(b)
(c)
The KMRL warrants that the System Integrator shall have, free of
charge, unimpeded access to the site of the project in respect of
which access is required for the performance of Services; provided
that if such access shall not be made available to the System
Integrator as and when so required, the Parties shall agree on (i)
the time extension, as may be appropriate, for the performance of
Services, and (ii) the additional payments, if any, to be made to the
System Integrator as a result thereof pursuant to Clause 6.1.3.
5.3
If, after the date of this Agreement, there is any change in the
Applicable Laws with respect to taxes and duties which increases or
decreases the cost or reimbursable expenses incurred by the
System Integrator in performing the Services, by an amount
exceeding 2% (two per cent) of the Agreement Value specified in
Clause 6.1.2, then the remuneration and reimbursable expenses
otherwise payable to the System Integrator under this Agreement
shall be increased or decreased accordingly by agreement between
the Parties hereto, and corresponding adjustments shall be made to
the aforesaid Agreement Value.
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All service tax and other taxes other than income tax, as may be
applicable from time to time, on the payment of the professional
fees to the System Integrator.
5.4
Payment
Currency of payment
All payments shall be made in Indian Rupees. The System
Integrator shall be free to convert Rupees into any foreign currency
as per Applicable Laws.
The System Integrator shall be paid for its services as per the
Payment Schedule at Annex-6 of this Agreement, and based on the
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i.
ii.
(b)
The KMRL shall cause the payment due to the System Integrator to
be made within 30 (thirty) days after the receipt by the KMRL of
duly completed bills with necessary particulars (the Due Date).
(c)
The final payment under this Clause 6.3 shall be made only after
the final Deliverable shall have been submitted by the System
Integrator, followed by a request for issue of Completion
Certificate to the KMRL and the final deliverable is approved as
satisfactory and a Completion Certificate issued by the KMRL. The
Services shall be deemed completed and finally accepted by the
KMRL and the final Deliverable shall be deemed approved by the
KMRL as satisfactory upon expiry of 60 (sixty) days after receipt of
the final Deliverable unless the KMRL, within such 60 (sixty) day
period, gives written notice to the System Integrator specifying in
detail, the deficiencies in the Services. The System Integrator shall
thereupon promptly make any necessary corrections and/or
additions, and upon completion of such corrections or additions, the
foregoing process shall be repeated until the KMRL accepts all the
deliverables under the contract. The KMRL shall make the final
payment upon acceptance of the final Deliverable by the KMRL.
(d)
(e)
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7.1
Performance Security
Liquidated Damages
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8.1
Good Faith
The Parties undertake to act in good faith with respect to each
others rights under this Agreement and to adopt all reasonable
measures to ensure the realisation of the objectives of this
Agreement.
8.2
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9.1
Amicable settlement
The Parties shall use their best efforts to settle amicably all
disputes arising out of or in connection with this Agreement or the
interpretation thereof.
9.2
Dispute resolution
Conciliation
In the event of any Dispute between the Parties, either Party may call
upon Director (Systems) KMRL and the Managing Partner/ Chairman of
the Board of Directors of the System Integrator or a substitute thereof for
amicable settlement, and upon such reference, the said persons shall
meet no later than 10 (ten) days from the date of reference to discuss
and attempt to amicably resolve the Dispute. If such meeting does not
take place within the 10 (ten) day period or the Dispute is not amicably
settled within 15 (fifteen) days of the meeting or the Dispute is not
resolved as evidenced by the signing of written terms of settlement
within 30 (thirty) days of the notice in writing referred to in Clause 9.2.1
or such longer period as may be mutually agreed by the Parties, either
Party may refer the Dispute to arbitration in accordance with the
provisions of Clause 9.4.
9.4
Arbitration
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(b)
Each Party to the Agreement accepts that its individual conduct shall
(to the extent applicable to it) at all times comply with all
Applicable Laws, rules and regulations. For the avoidance of doubt
the obligations of the Parties to this Agreement are subject to their
respective compliance with all Applicable Laws.
(c)
(d)
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Miscellaneious
(b)
(c)
(d)
(b)
System Integrator shall not assign this Agreement or any part hereof
or any benefit or interest therein without the prior written consent
of KMRL
(c)
(d)
(e)
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11.4 Severability.
If any provision of the Agreement, or any part thereof, shall be found by
any court or administrative body of competent jurisdiction to be illegal,
invalid or unenforceable, the illegality, invalidity or unenforceability of
such provision or part provision shall not affect the other provisions of the
Agreement or the remainder of the provisions in question which shall
remain in full force and effect. The Parties shall negotiate in good faith in
order to agree to substitute for any illegal, invalid or unenforceable
provision a valid and enforceable provision, which achieves to the
greatest extent possible the economic, legal and commercial objectives
of the illegal, invalid or unenforceable provision or part provision.
11.5 Waiver.
(a)
(b)
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iii.
iv.
Shall be in writing
Shall not operate or be construed as a waiver of any other or
subsequent default hereof or of other provisions of or
obligations under this Agreement;
Shall be executed by a duly authorized representative of the
Party; and
Shall not affect the validity or enforceability of this
Agreement in any manner.
11.6 Survival
The termination of this Agreement shall in no event terminate or
prejudice (a) any right or obligation arising out of or accruing under this
Agreement attributable to events or circumstances occurring prior to
such termination; (b) the provisions of this Agreement that by their
nature are intended to survive the termination of this Agreement,
including without limitation the provisions dealing with the
Representations and Warranties of the Parties, Termination,
Confidentiality, Indemnity, Arbitration, Governing Law and Notice respect
(Signature)
(Name)
(Designation
(Address)
(Fax No.)
2.
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Terms of Reference
(Refer Clause 3.1.2)
(Reproduce from the RFP and the response of the System Integrator)
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Annex-3
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Annex-4
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Cost of Services
(Refer Clause 6.1)
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Payment Schedule
(Refer Clause 6.3)
The selected bidder for the project of ERP Implmentation would be paid by the
KMRL as per the schedule mentioned below:
S.No.
Deliverable
On Finalization
2.
Blueprint phase
3.
4.
5.
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1.
The above payments shall be made to the System Integrator provided
that the payments to be made at any time shall not exceed the amount
certified by the KMRL.
2.
All Reports shall first be submitted as draft reports for comments of the
KMRL. The KMRL shall provide its comments no later than three weeks from the
date of receiving a draft report and in case no comments are provided within
such three weeks, the System Integrator shall finalise its report.
3.
If the minimum monthly site deployment as per clause 5.1 is not met,
proportionate reduction in the subsequent payments shall be made for each
month of shortfall during the contract period".
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Annex-7
To
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The Bank Guarantee should contain the name, designation and code number of the
officer(s) signing the Guarantee.
(ii)
The address, telephone no. and other details of the Head Office of the Bank as well
as of issuing Branch should be mentioned on the covering letter of issuing Branch.
SCHEDULE-3
(See Clause 2.3.3)
GUIDANCE NOTE
ON
CONFLICT
OF INTEREST
1.
This Note further explains and illustrates the provisions of Clause 2.3 of
the RFP and shall be read together therewith in dealing with specific
cases.
2.
3.
Conflict of interest may arise between the KMRL and a System Integrator
or between System Integrators and present or future concessionaries/
contractors. Some of the situations that would involve conflict of interest
are identified below:
(a)
(ii)
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(b)
(ii)
(iii)
4.
5.
6.
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7.
8.
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