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Serial No.-------------- TENDER DOCUMENT FOR THE WORK OF “SUCCESSFUL INSTALLATION & COMMISSIONING OF ONE HIGH PERFORMANCE COMPUTING CLUSTER OF 24 PROCESSORS (96 CORES) AS PER SPECIFICATION ATTACHED WITH 3 YEARS ON-SITE COMPREHENSIVE WARRANTY & PORTING OF APPLICATIONS MENTIONED IN TENDER DOCUMENT” TENDER TO BE OPENED ON 31-OCT-2008 at 15.00 Hrs. No. of pages including cover: 42(Forty Two) Research Designs & Standard Organisation Manak Nagar, Lucknow-226011 Price-Rs.3000/1 INDEX S/No. 1. 2. 3. 4. 5. 6. 7. Description Permeable to tender papers Memorandum of terms, conditions General instructions to the tenderers Conditions of the Contract Technical Conditions of Contract Annexure-A (Specification of HPCC) Forms for tender Page No. 3-4 5-9 10-14 15-22 23-28 29- 32 33-41 2 PREAMBLE TO TENDER PAPERS 1. Tender papers are not transferable. 2. Description and location of the organisation. -- Research Designs & Standards organisation (RDSO) is under Ministry of Railways and is situated at Manak Nagar, Lucknow-226011. This organisation is engaged in research, design & standardisation works in various Railway disciplines. 3. Site: Computer Wing, Carriage Directorate, RDSO, Lucknow Scope of work- The work includes “Successful installation of one no. of High Performance Computing Cluster as per technical specification mentioned in the AnnexureA with 3 years on-site comprehensive maintenance warranty on the hardware & software supplied. & porting of the Applications (NUCARS and Electric Loco Simulations provided by RDSO) on to the HPCC provided and deployed by tenderer. 4. 5. Period. --The Period for completing the work will be 4 months from the date of award of the work. 6. Availability of Tender Document: The tender document for the work „installation & commissioning of one high performance computing cluster of 24 nodes with 3 years on-site comprehensive warranty‟ installed at RDSO may be purchased from the office of Director/Computer, Computer Wing, Manak Nagar, Lucknow-226011 on any working day between 9:30 and 11:30 hrs. w.e.f. 30-Sept-2008 onward up to 29-Oct-2008. The cost of tender documents will be Rs.3000/-( Rs. Three Thousand only) which is payable by Demand Draft to be made in favour of Executive Director/Finance, RDSO, Lucknow. The complete tender document can also be downloaded from the website of RDSO, i.e., www.rdso.gov.in. Under such cases, the cost of the tender document Rs. 1000/-(Rs. One thousand only) is to be submitted in the form of Demand Draft in favour of Executive Director/Finance, RDSO, Lucknow. This shall be submitted separately and in addition to the earnest money. It will be the responsibility of the tenderer to ensure the use of complete bid document available on website. The downloaded bid document will be considered equally legally valid for participation in tender process as manual document obtained from the department through manual process. 7. Last date for submission and opening of tenders is 31-Oct-2008. i) The tender papers should reach to Director Computer, Computer Wing, RDSO,Manak Nagar, Lucknow-226011 not later than 14.30 Hrs of 31-Oct2008. The tender shall be submitted in sealed cover and shall be addressed to Director Computer, Computer Wing, RDSO, Manak Nagar, Lucknow226011 with full name and address of the tenderer written on the cover. ii) 3 iii) Tenders not received in time, will not be considered at all. RDSO Administration does not take any responsibility on account of delay, loss or misdelivery of the tender documents sent by post. Tender will be opened on 31-Oct-20008 at 15:00 hours in the Computer Wing in presence of the authorised representatives, if any, of the tenderers. iv) 8. 9. Telegraphic bids will not be accepted under any circumstances. For further information/clarification in this respect, please contact Mr. D.P. Sinha, System Analyst. Mr. Rajeeva Dube – System Analyst will also be available for discussions on technical aspects in person on 30-Oct-2008 between 11:00 hrs and 12:30 hrs. Non-technical queries will not be entertained. 11. Earnest Money: The tenderer is required to deposit an Earnest Money Rs. 55,580/- in the manner prescribed. -----XXX----- 4 CHAPTER-I MEMORANDUM OF TERMS, CONDITIONS AND INSTRUCTIONS TO TENDERERS: 1.1. Tender Papers Preamble to the tender papers, instructions to the tenderers, conditions of tendering, conditions of contract, prices and payment, specifications, drawings and forms of tenders included herein shall be read as part referred to as the “Tender papers”. The intending tenderers are advised to study the tender papers carefully. The tenderer shall also acquaint himself with the local conditions, nature of work and all other matters pertaining thereto. The submission of the tender shall be deemed to have been done on the basis of tender papers and after careful study and examination of the tender papers with a full understanding of the implications thereof. 1.2 Interpretations of terms used (Definition of terms). The following terms wherever occurring in the tender papers and wherever used throughout the execution of the work, shall unless excluded by or repugnant to the context, have the meaning attributed thereto as follows: (a) “RDSO (Research Designs and Standards Organisation)” shall mean the President of India working through the Director General, RDSO. (b) “Director General” shall mean the officer in administrative charge of RDSO. “Executive Director/ Carriage” shall mean the officer in charge of the Computer Wing. (c) “Engineer” shall mean the Director General RDSO‟s representative in executive charge of the works and shall include the higher officers of the Computer Wing such as Directors, Joint Directors. (d) “Engineer‟s representative” shall mean any official appointed by RDSO. (e) “Contract” shall mean and include the Preamble and General instructions, General Conditions of Contract, Special Conditions of Contract, Technical Specifications and other conditions specified in the tender, advance and detailed acceptance letter of tender, and formal Work order/agreement, if executed. (f) “Contractor” shall mean the successful tenderer i.e., the tenderer whose tender has been accepted either in whole or in part. It shall also mean the person, firm, company whether incorporated or not, who enters in to the contract with RDSO and shall include their executors, administrator, successors and permitted assignee. (g) “Equipment” shall mean all or any equipment considered necessary by the administration for the satisfactory operation of work. 5 (h) “Contractor‟s Representative” shall mean a person in supervisory capacity who shall be so declared by the contractor and who shall be authorised to receive instructions issued by RDSO to the contractor for the work. He shall be responsible for proper execution of the work and shall take orders from Engineer(s) and carry out the same. (i) “Materials” shall mean all equipment, components, fittings /accessories and other items required to complete or maintain the work. (j) “Tenderer” shall mean and include any person, firm or company or body corporate or others who submit the tender, which has been invited. (k) “Work or Works” shall mean all or any of the items of the work for which the Tenderer / Contractor has tendered / contracted according to the specification, and annexures hereto annexed or to be implied there from or incidental thereto or to be hereafter specified or required in such explanatory instructions being in conformity with the original specifications, annexures and schedules and also such instructions additional to the aforementioned as may from time to time be issued by the Director General RDSO through Executive Director (Carriage)/Executive Director (VDG Carriage) & Director/Computer during the progress of the contracted work. (l) “Writing” shall mean and include all matters written, typewritten or printed either in whole or in part. (m) “Schedule of Rates” shall mean the schedule of rates as annexed to the contract agreement or as amended thereafter in the manner provided for, in the contract. (n) “Site” shall mean the lands and other places on, under, in or through which the work are to be carried out and any other lands or places provided by RDSO for the purpose of the contract. (0) “Months” shall mean calendar month as per British Calendar. (p) “Administration” shall mean RDSO, Manak Nagar, Lucknow-226011. (q) Words imparting the singular number shall also include the plural and viceversa wherever context required. (r) The headings and marginal headings in these general conditions are solely for the purpose of facilitating reference and shall not be deemed to be part thereof or be taken into consideration in the interpretation of maintenance or the contract. (s) “HPCC” means High performance Computing Cluster as specified in the tender document. (t) “OEM” means Original equipment Manufacturer. 1.3 Clarifications required by the tenderers may be obtained from Director/ Computer, RDSO, Lucknow-226011. 6 1.4. Tenderer‟s offer should include the following: (a) A copy of the tender papers duly signed in ink by the tenderer, on each and every page, in token of his having studied the tender papers carefully and accepted the conditions specified therein. (b) The original document for Earnest Money and attested photocopies of latest Income Tax clearance certificate shall be incorporated in the tender form. 1.5. The prices to be paid for, shall be in accordance with accepted schedule of prices or rates. All prices shall be quoted both in figures and words. However in case of discrepancy between the two, the price quoted in words shall be treated as final. 1.6 Tools/Equipments/instruments etc. required for work will be provided by the contractor at his cost. 1.7 The technical specifications and special conditions of contract are contained in chapter- IV of this tender document. 1.8. All works under this contract shall strictly follow the schedules of works as have been set out in chapter III and IV of the tender papers. 1.9. Any individual signing the tender or other document connected therewith should specify whether he is signing: (i) As sole proprietor of the concern or his Attorney, or (ii) As a partner or partners of the firm, or (iii) For the firm, or (iv) As a Director, Manager or Secretary in the case of a Limited Company duly authorised by a resolution passed by the Board of Directors, in pursuance of the authority conferred by Memorandum of Association. 1.9.1 Requisite power of Attorney or such other documents empowering the individual or individuals to sign should be furnished to RDSO for verification, if required. 1.9.2 The R.D.S.O. will not be bound by any Power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract, if any, It may however, recognise such Power of Attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor. 1.10. No erasure or alteration in the text of the tender paper is permitted and any such erasure and/or alteration/overwriting will either be disregarded or render the whole tender void at the option of the R D S O. 7 1.11 The successful tenderer will be advised by fax/formal letter of acceptance. No tender shall be deemed to have been accepted unless such acceptance shall have been informed in writing to the successful tenderer by the R D S O. 1.12 The Administration shall not be bound to accept the lowest or any tender or to assign any reason for non-acceptance or rejection of a tender. The Administration reserves the right to accept any tender in respect of the whole or any portion of the work specified in the tender papers or to sub-divide the work among different tenderers or to reduce the work or to accept any tender for less than the tendered quantities without assigning any reason whatsoever. 1.13 The tenderer shall keep the offer in response to the invitation of tender open for acceptance either in part or in full or as may be modified by negotiation, by the Administration, for a period of one hundred & twenty days from the date of which tenders are opened, during which period the tenderer shall not withdraw or restrict his offer nor amend, impair or derogate there from. Otherwise tenderer shall be liable for forfeiture of Earnest Money. 1.14 The tenderer shall be deemed to have accepted as aforesaid in consideration of his tender being considered by the Administration in terms hereof, provided the same has been duly submitted and is otherwise in order. When the successful tenderer is informed in writing at his address given in the tender papers within the said period of one hundred & twenty days that his tender has been accepted by the Administration either in whole or in part, he shall be bound by the terms of tender papers constituted by his tender and such acceptance thereof by the Administration, until a formal contract has been executed between him and the Administration. 1.15 Tenderer’s Credentials The tenderer shall provide satisfactory evidence acceptable to RDSO to show that: (a) If the open tenders costing above Rs. 10 lacs(i) Tenderers should have completed from start to finish at least one similar single work for a minimum value of 35% of advertised value of work in the least three years (i.e. current year and three previous financial years). He should have received a minimum of 150% of advertised tender value of works as total contract amount during the last three years and in the current financial year as per current ITCC. He must be Original Equipment Manufacturer (OEM) Firm. He has facilities and field service & software consultancy organisation to provide necessary software, field and management services required to successfully execute the work. The tenderer should furnish sufficient evidence, in regard to having undertaken similar works, which should be working successfully for the last two years. The names and addresses and other details of such works shall be furnished by the tenderer. (ii) (b) (c) (d) 8 (e) In addition to the above, further information, attested as per Para (d) above, regarding his credentials or credentials of his associates shall be given by the tenderer as required in the form 5 of the tender document page no. 39. 1.16 RDSO attaches utmost importance to proper and timely completion of work. The basic consideration and the essence of the contract shall be the strict adherence to the stipulated time frame and proper quality of work. No claim for rejection of Tender. The Tender, when submitted, shall not constitute an agreement and the tenderer shall have no cause of action or claim against RDSO for rejection of his offer. RDSO shall always be at liberty to reject or accept the offer at its own discretion and any such action will not be called into question and the tenderer shall have no claim in that regard against RDSO. 1.18 The successful tenderer shall be required to execute one or more agreements as necessary with President of India acting through Director General/Director Computer, RDSO as the case may be for carrying out the work as per agreed conditions. 1.17 -----XXX----- 9 CHAPTER - II GENERAL INSTRUCTIONS TO THE TENDERERS 2.1 The intending tenderers are advised to study the General Conditions of Contract Regulations and Instructions for tenderers and standard forms of contract (GCC 1996) as corrected from time to time and as mentioned in the special conditions attached, and make themselves conversant with their contents, as these shall govern this contract and shall form an integral part thereof, save and except where these are repugnant to the terms and conditions brought out in the tender documents. 2.2 Charges all inclusive, shall be quoted in the sheets provided for the rate schedules. The schedule of rates and quantities should be carefully and properly filled in. All rates should be mentioned in words as well as in figures. Erasures and alterations in the tender papers must be avoided. If any corrections are necessary, these should be a “pen through” and all such alterations must be attested by the full signatures of the tenderers along with dates. Additional conditions or stipulations, if any, must be made in the covering letter of the tender. It should be noted that the R.D.S.O. reserves the right not to consider conditional tender/ tenders and to reject the same without assigning any reason. 2.3 All fluctuations in the rates of labour, materials and general commodities and other possibilities of each and every kind should be considered before quoting the rates and no claim due to any cause, whatsoever, on this account will be entertained. Sales tax, octroi or any other taxes levied or leviable by the Central or State Government or local bodies shall be borne by the tenderer, which should be kept in view before tendering. No taxes on contractor‟s labour or material will be paid by RDSO Administration. 2.4 (a) If the tenderer be a firm, all partners of the firm shall sign the tender documents. If the tenderer be a company the tender documents shall be affixed with the seal of the company and signed by such person/persons as may be authorised by the Articles of association of the company/ or a resolution of Board of Directors thereof, and duly attested copy of the authorisation shall be sent with the tender. In any case the tenderer shall disclose his constitution and attested copies of all the necessary relevant legal documents in support thereof shall be submitted with the tender and the originals thereof produced as and when called for. (b) The cancellation of any documents such as Power of Attorney, Partnership deed etc. shall forthwith be communicated by the contractors to RDSO Administration in writing, failing which RDSO Administration shall have no responsibility or liability for any action taken on the strength of the said documents. 2.5 (a) The tenderers shall produce along with his/their tender, the latest Income-tax clearance certificate in original or an attested copy thereof. Failure to submit such certificates will render the tender liable to rejection. In case the Income tax certificate has already been submitted to RDSO with a previous tender, this fact should be recorded on the tender itself giving reference to the tender with which the same was submitted. (b) The tenderers should note that even in the event of non submission of Incometax clearance certificate, his/ their tender may be accepted with the condition that no 10 payment shall be made to him/them for the work done under this contract nor he/ they shall make any claim for any such payment until and unless valid ITCC is produced. 2.6 (i) The tender must be accompanied by Earnest Money of Rs 4,580/.-- (Rs Four Thousands five hundred eighty only), in cash or in any other forms, in favour of Executive Director/ Finance, RDSO, without which the tender is liable to be summarily rejected. (ii) The tenderer shall keep the offer open up to 120 days. Should the tenderer fail to keep the offer open for entire validity of period or resile from the contract after acceptance of the tender, the aforesaid amount shall be liable to be forfeited by the Railways. (iii) Earnest Money, if in the form of Deposit receipts, Pay Orders and Demand Drafts, should be either of the State Bank of India or any of the nationalised banks. No confirmatory advice from the Reserve Bank of India will be necessary. Deposit receipts, executed by the Scheduled Bank (other than State Bank of India and the Nationalised Banks) approved by Reserve Bank of India for this purpose. RDSO will not, however, accept deposit receipt without getting in writing the concurrence of Reserve Bank of India. a) Cash should be deposited with the Divisional cash & Pay Master (DCPM) Northern Railway, Charbagh Lucknow. b) 2.7 No interest shall be allowed on the Earnest Money. The Earnest Money deposited by the contractor with his tender will be retained by RDSO as part of security for the due and faithful full-fillment of the contract by the contractor. The balance to make up the security deposit may be recovered from the running bills. Unless, otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under: (a) The total security deposit required for the work will be the 5% of the contract value. (b) The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is recovered. (c) Security Deposits will be recovered only from the running bills of the contract and no other mode of collecting Security Deposits such as Security Deposit in the form of instruments like Bank Guarantee, Fixed Deposits etc. shall be accepted towards Security Deposit. (d) The security money shall be returned to the contractor after the physical completion of the work certified by the competent authority. The competent authority shall be normally be the authority who is competent to sign the contract. The certificate, inter alia, should mention that the work has been completer in all respects and the contractual obligations have been fulfilled by the contractors and that there is no due from the contractors to RDSO against the contract. Before releasing the security deposits, an unconditional and unequivocal no claim certificate form the contractor should be submitted. 11 2.8 (a) (b) The successful tenderer should give a Performance Guarantee in the form of an irrevocable bank guarantee amounting to 5% of the contract value. The Performance Guarantee should be furnished by the successful contractor after the letter of acceptance has been issued, but before signing of the agreement and should be valid of the work period. The agreement should be normally be signed within (fifteen days after the issue of LOA and Performance Guarantee should also be submitted within this time limit. Performance Guarantee shall also be released after satisfactory completion of the work and the work period is over. The procedure for releasing will be as per procedures laid down in clause no. 2.7 (d) above. Wherever the contracts are rescinded, the security deposit should be forfeited and the Performance Guarantee shall be encashed and the balance work should be got done separately. The balance work shall be got done independently without risk and cost of the original contractor, The original contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor sis a Joint Venture or a partnership firm, then every member/partner of such a firm would be debarred from participating in the tender for the balance work either in his/her individual capacity or a as a partner of any other Joint Venture/partnership firm. (c) (d) (e) (f) 2.9 Tenders must be enclosed in a sealed cover superscribed “Tender for Setting up for Successful Installtion & Commissioning of One High Performance Computing Cluster” and must be sent to the Director Computer, Computer Wing, RDSO, Manak Nagar, Lucknow - 226011 so as to reach this office not later than 14:00 hrs. on . The tenders will be opened at 15:00 hrs on the same day in presence of tenderers or their authorised representative as may wish to present. In case for any reason the office is closed on the date on which the tender is scheduled to be opened as mentioned herein, these will be opened at the same time on the next working day and all the clauses will hold good. 2.10 If the tenderer/tenderers deliberately give/gives wrong information in his/their tender or creates/create circumstances by wrongful manipulations for the acceptance of his/their tender, RDSO Administration reserves the right to reject such tender at any stage. 2.11 If the tenderer expires after the acceptance of his tender, the Railway shall deem such tender or contract as cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender or contract as cancelled unless the firm retains its character. 2.12 The authority of the acceptance of the tender will rest with the Executive Director Carriage/Executive Director VDG Carriage/Director-Computer, RDSO, Lucknow226011, who does not bind himself to accept the lowest or any other tender or to assign reasons for declining to consider any particular tender or tenderer. 12 2.13 The successful tenderer shall be required to execute an agreement with the President of India, acting through the Director Computer RDSO, Manak Nagar, Lucknow - 226011, for carrying out the work according to General Conditions of Contract (1996) including these special instructions and special conditions of contract and as per specifications attached. 2.14 Should a tenderer be a retired engineer of the gazetted rank or any gazetted officer working before the retirement, whether in executive or administrative capacity or whether holding a pensionable post or not, in the Computer department or any of the Railway owned and administered by the President of India for the time being or should a tenderer being partnership firm have as one of its partners a retired engineer or a retired gazetted officer as aforesaid or should a tenderer being incorporated company have any such retired engineer or retired officer as one of its Directors or should a tenderer have in his employment any retired engineer or any retired gazetted officer as aforesaid, the full information as to the date of retirement of such engineer or gazetted officer from the said service and in case where such engineer or officer have not yet retired from Government service, at least two years prior to the date of submission of the tender, as to whether permission for taking such contracts or if the contractor be a partnership from any incorporated company to become a partner or director has been obtained by the tenderer or the engineer or the officer as the case may be from the President of India or any officer duly authorised by him in his behalf shall be clearly stated in writing at the time of submitting his tender. Tenders without the information above referred to or a statement to the effect that no such retired engineer or retired gazetted officer is so associated with the tenderer as the case may be, shall be rejected. 2.15 Should a tenderer or contractor being an individual on the list of approved contractor have a relative employed in gazetted capacity, in RDSO or in case of a partnership firm or company incorporated under the Indian Company Law, should a partner or a relative of the partner or a shareholder or a relative of a share holder be employed in gazetted capacity in RDSO the authority inviting tenders shall be informed of the fact at the time of submission of tenders, failing which the tender may be rejected, or if in accordance with the provision in clause 62 of the General Conditions of the contract. 2.16 The contractor shall observe all the formalities and perform all acts and abide by all the provisions, contained in the Contract Labour Act 1970 and Contract Labour Central Rules 1971,with further amendments, if any which in addition to other stipulations inter alia provide that(a) The contractor/s shall keep and maintain necessary registers/records, issue employment cards/service certificates and display notice in accordance with the section 75 to 82 of contract Labour Central Rules 1971. (b) In any case in which by virtue of section 20(2) and 21(f) of the Contract Labour (Regulation of abolition) Act, 1970 the Railway is obliged to provide amenities and/or pay wages to Labour employed by the Contractor directly or through petty contractor/s or sole contractor/s under this contract, then the contractor shall indemnify the Railway fully and the Railway shall be entitled to recovery from the contractor the expenditure incurred on providing the said amenities and/or the wages so paid by deducting it from the security deposit or from any sum due to Railway to the contractor. 13 If any dispute arises on the expenditure incurred by the Railway on provision of the said amenities, the decision of Director /Computer shall be final and binding. 2.17 The tenderer shall submit an analysis of his/ their tendered rates to the Director / Computer, if called to do so. 2.18 The tenderer shall not increase his/their quoted rates in case the Railway administration negotiates for reduction of rates and the negotiations shall not amount to cancellation or withdrawal of the original offer and rates originally quoted will be binding on the contractor‟s labour also. 2.19 In case of any dispute that may arise concerning contract agreement or the tender, the decision of RDSO Administration (Executive Director (Carriage)/ Executive Director (VDG Carriage)/Director (Computer)) shall be final and binding upon the contractors. The contractors and his men would abide by the lawful instructions conveyed to him by RDSO Administration or its supervisory officials. 2.20 The tenderers must furnish details of similar contracts recently executed or being executed by them. They would also certify that the works had been or are being executed satisfactorily by them. In case any of their contracts had been terminated or they were otherwise penalised while executing the contracts, brief details should be provided. 2.21 Non-compliance of any of the conditions set-forth herein is liable to result in the tender being rejected. -----XXX----- 14 CHAPTER - III CONDITIONS OF CONTRACT 3.1 This Chapter deals with the condition of contract under which the work coming under the purview of this contract is to be executed by the contractor. 3.2 If the tender submitted by a tenderer is accepted and contract awarded to the tenderer, the work coming within the purview of the contract shall be governed by the terms and conditions included in the tender papers as modified or amended by the letter of acceptance of tender. 3.3 The contractor shall intimate RDSO, the address there of to which all correspondence should be sent. 3.4 The contract resulting from this tender being a service/work contract shall not attract sales tax. RDSO does not therefore, agree to pay sales tax in addition to the price quoted. 3.5 UTILITIES & FACILITIES OF WORK a) Electricity needed in connection with testing and commissioning will be supplied free of cost by RDSO. b) Railway Passes: No Railway Pass for the conveyance of the contractors, his Engineers, his supervisors, his labour or his materials will be issued. c) No land belonging to or in the possession of RDSO shall be occupied by the Contractor without the permission of RDSO. The Contractor shall not use or allow to be used, the site for any purpose other than that of execution of the works. 3.6 DETERMINATION OF CONTRACT Not withstanding the provisions under other paras, RDSO may at any time by a notice in writing shall determine the contract without liability to pay any compensation to the contractor in respect thereof in any of the following events:i) Insolvency: If the Contractor being an individual, or if a firm, any partner in the contractor‟s firm, shall at any time adjudged insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composition under any law relating to insolvency for the time being in force or enter into any arrangement or composition with his creditors or suspend payment, or if the firm be dissolved under the Partnership Act. ii) Liquidation: If the contractor being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arisen which entitled the court or debenture holders to appoint a receiver or manager. 15 iii) Breach of Contract: If the Contractor commits any breach of this contract nor herein specified provided for; provided always that such determination shall not prejudice any right of act or remedy which shall have accrued thereafter to RDSO and provided also that the contractor shall be liable to pay RDSO any expenditure which RDSO is thereby put to but shall not be entitled to any other and gain or repurchase. In the event of such determination, without prejudice to the other rights and remedies of RDSO including the right of forfeiting the security deposit, RDSO shall be entitled to have the work or remainder thereof performed, executed and or carried out by any other and hold the contractor liable for reimbursement in the event of any loss on this account 3.7 The successful tenderer shall within 15 days after having been called upon by notice to do so be bound to execute an agreement based on accepted rates and conditions. 3.8 On receipt of the Letter of Acceptance of tender from RDSO, the successful tenderer shall deposit a Security Deposit as per clause no. 2.7 (a) and performance guarantee as per clause no. 2.8 (a), which shall be specified in the Letter of Acceptance of tender. 3.9 The Earnest Money may, at the discretion of the Contractor, be adjusted towards the payment of the Security Deposit and the balance to make up the full Security Deposit shall be recovered as per clause no. 2.7. NOTE a) No interest will be allowed or paid for the amount deposited in cash or deducted through bills. b) Request for transfer of Security Deposit of any work even if the same is free of obligations will not be accepted for the purpose of Security Deposits in this case. 3.10 QUALITY OF WORK a) All materials used in the work shall be of the best quality and of the class most suited for the purpose specified. b) All work carried out shall also be of the best quality acceptance to the Administration. 3.11 SUB-CONTRACTORS (a) The contractor shall not sublet or assign this contract or allow any person to become interested there in any manner, without the written permission of the Director Computer or Executive Director/ Carriage or Executive Director/ VDG Carriage, RDSO, Manak Nagar, Lucknow-226011. In the event of the Contractor subletting or assigning the contract or any part thereof without such written permission, RDSO Administration shall be entitled to cancel the contract and the losses/damages due to such cancellation, will be borne by the contractor. 16 (b) The names of all sub-contractors proposed to be employed for maintenance of the system or any part thereof including manufacture of components shall be submitted by the contractor when he enters into an agreement with the sub-contractor for the purpose. (c) The Contractor shall arrange for effective supervision of sub-contractor‟s work and remain solely responsible for materials supplied and for works carried out on his behalf by the sub-contractor/s. 3.12. The Contractor shall furnish to the Director/Computer the name, designation, and address of his authorised agent and all complaints, notices, communications and reference shall be deemed to have been duly given to the contractor if delivered to the Contractor or his authorised agent or left at or posted to the address so given and shall be deemed to have address so given in the case of posting, on the date on which they would have reached such address in the ordinary course of post or on the day on which they were so delivered or left. 3.13 No claim for extra or additional work or works not provided in the contract, of any kind whatsoever shall be admitted (even though shown to be necessary) unless they have been executed under written orders of RDSO. The contractor must produce such orders as vouchers for the claim. 3.14 ACCESS TO WORK SITE (a) Access to the site for the purpose of this contract shall be afforded to the contractor by RDSO at all reasonable times. In the execution of the work, person other than the contractor, or his duly appointed representative or approved sub-contractor and bonafide workmen shall have access to the site. Access to the site of work at all times shall be allowed by the contractor to officials or approved representatives by the administration or to railway staff for purpose of maintenance (b) RDSO Administration or his authorised representative shall have the right to refuse admission to the work site of any person employed by the contractor whom RDSO or his representative may consider undesirable. (c) The Administration or his representative shall be at liberty to object to the presence of any representative or other person employed by the contractor in or about the works, on the ground of misconduct, incompetence or negligence; the contractor on receipt of notice of such object in writing from RDSO or his representative shall forthwith remove the person so objected to and provide in his place another competent person and shall not allow such person to enter the site of work subsequently. The administration will not be liable to pay any cost or damage on this account. 3.15 The contractor shall, during the progress of the work be entirely responsible for the custody of the store and equipment both belonging to him and to RDSO and keep the records update for periodical checking by the competent authority of RDSO. 3.16 The contractor shall at all times indemnify the Executive Director / Carriage or Executive Director/ VDG Carriage and Director/ Computer, RDSO, Manak Nagar, Lucknow-226011 and the Government against all claims for compensation under the 17 provision of the Workmen‟s Compensation Act, 1923, as modified upto date in force or any other law for the time being in force by or in respect of any workmen employed by the contractor in carrying out this contract and against all costs and expenses incurred or to be incurred by the Administration in connection therewith (without prejudice to any other means of recovery), RDSO or the Administration shall be entitled to deduct or withhold for any period of time considered reasonable by the Administration from any money due or to become due to the Contractor (whether under this Contract or any other Contract) All moneys paid or payable by the Administration by way of compensation as aforesaid or for costs or expenses in connection with any claim thereto and this Contractor shall abide by the decision of the Administration to the sum payable by the Contractor/or to be withheld from his dues under the provision of this para. 3.17 All costs, damages or expenses which RDSO Administration may incur, for which under the terms of contract the contractor is liable, may be either deducted by the Admn. at his discretion from any moneys due or to become due or refundable by him to the contractor under the contract, or may be recovered by action at Law or otherwise from the Contractor. RDSO Admn. reserves the right and shall be entitled to retain payments due to Contractor under this contract and to set off the same against all claims whether arising out of this contract or out of any other transaction whatever due to the Contractor. 3.18 The contractor shall provide at his cost all equipment/tools/instruments etc. required for execution of work covered under this contract. 3.19 In the event of any of the provisions of the contract requiring to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by RDSO and the Contractor, and no work shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing supplementing the contract or any of the terms thereof shall be deemed conditional and not be binding on RDSO unless and until the same is incorporated in formal instrument and signed by RDSO, and the Contractor, and till then RDSO shall have the right to repudiate such arrangement. 3.20 RDSO shall not be liable to the Contractor for any matter arising out of, or in connection with the contract of the work unless the Contractor shall have made a claim in writing in respect thereof. 3.21 Settlement of disputed matters finally determined by RDSO: All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the works or after their completion and whether before or after the determination of the contract, shall be referred by the contractor to RDSO and RDSO shall within a reasonable time after their presentation make and notify decisions thereon in writing. The decisions, directions, classifications, measurements, drawings and certificates with respect to any matters the decisions of which is specially provided for by these or other special conditions, given and made by RDSO, are matters which are referred to hereinafter as “EXCEPTED MATTERS” and shall be final and binding upon the contractor and shall not set aside on account of any informity commission, delay or error in proceedings, in or about the same or on any other ground or for any other reason and shall be without appeal. 18 3.22 In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective right and liabilities of the parties on any matter in question, dispute or difference on any account, or as to the withholding by RDSO or any certificate to which the contractor may claim to be entitled to, or if RDSO fails to make a decision within a reasonable time, then and in any such case but except in any of the “Excepted Matters” referred to in clause 3.21 above, the contractor after 60 days of his presenting his final claim on disputed matters, may demand in writing that the dispute or difference be referred to arbitration. Such demand for arbitration shall specify the matters which are in question, dispute of which the demand has been made and no other, shall be referred to arbitration. 3.23 The contract shall be governed by the Indian Railways laws for the time being in force in India. 3.24 The courts of the place from where the contract has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract. (a) All matters in question, dispute or difference directly or indirectly arising out of or in connection with or touching this contract shall be referred to arbitration of: (b) A sole Arbitrator who shall be the Director General or a Gazetted Railway Officer nominated by him on his behalf in cases where the claim in question is below Rs.3,00,000/- (Three lakhs) and in case where the issues involved are not of a complicated nature. The Director General shall be the sole Judge to decide whether or not the issues involved are of a complicated nature. (c) Two arbitrators, who shall be gazetted Railway Officers of equal status to be appointed in the manner laid down in Clause (b) for all claims of Rs. 3,00,000/- and above and for all claims irrespective of the amount of value of such claims if the issues involved are of a complicated nature or not. In the event of two arbitrators being divided in their opinions the matter under dispute will be referred to an Umpire to be appointed in the manner laid down in Clause (b) for his decision. (d) The Arbitrator/Arbitrators/Umpires so appointed, as the case may be shall give the award on all matters referred to arbitration indicating there in break up of the sums awarded separately on each individual contract relates. The arbitrator shall be the Gazetted Railway Officer who in the course of his/their duties as Railway servant(s) has/have not expressed views on all or any of the matters under dispute or difference. The award of the arbitrator or arbitrators or Umpires as the case may be shall be final and binding on the parties to the Contract. (e) Subject as aforesaid, Arbitration Act 1940 and the Rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause. 3.25 Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by RDSO shall be withheld on account of such proceedings provided however it shall be open for the 19 Arbitrator or Arbiters to consider and decide whether or not such work should continue during arbitration proceedings. 3.26 The Contractor shall take all reasonable steps necessary to ensure that all persons employed in any work in connection with the contract, have full knowledge of the official secret Act and any Regulations there under. 3.27 Any information obtained in the courses of the execution of the contract by the contractor, his servants or agents or any person so employed, as to any matter whatsoever, which would or might be directly or indirectly of use to any enemy of India must be treated as secret and shall not at any time to be communicated to any person. 3.28 Contractor’s Understanding. (a) It is understood and agreed that the contractor, by careful examination, has satisfied himself as to the nature and location of the work, the character of equipment and facilities needed, preliminary to any, during the persecution of works, the general and local conditions etc., prevailing therein and all other matters which can in any way affect the works under the contract. (b) For the purpose of appointing two arbitrators, the Railway will send a panel of more than three names of Gazetted Railway Officers of one or general one name out of the list for appointment, as the Contractor‟s nominee. The Director General while so appointing the Contractor‟s nominee, will also appoint a second Arbitrator as Railway‟s nominee, either from the panel or from outside the panel, ensuring that one of the two Arbitrators so nominated is invariably from the Accounts Department. Before ensuring upon the reference the two Arbitrators shall nominate an Umpire who shall be gazetted Railway Officer to whom the case will be referred to in the event of any difference between the two Arbitrators. Officers of the Junior Administrative Grade of the Accounts Department of the Railway shall be considered as of equal status to the Officers in the Intermediate Administrative Grade of the other Departments of the Railway for the purpose of appointment as arbitrators. (c) If the Sole Arbitrator appointed or one or both the arbitrators appointed under subclause (b) above resigns his appointment/resign appointments or vacates his office/vacate their office or is/are unable or unwilling to act for any reason whatsoever or dies/die the Director General may appoint a new Arbitrator/Arbitrators to act in his/their place in accordance with the provisions sub clause or sub-clause (b) above as the case be, shall be entitled to proceed with the reference from the stage at which it was left by the previous Arbitrator/Arbitrators. (d) The Arbitrator or Arbitrators of the Umpire shall have power to call for such evidence by way of affidavit or otherwise as the arbitrator or arbitrators or Umpire shall think proper and it shall be the duty of the parties hereto to do or cause be done all such things as may be necessary to enable the Arbitrator or Arbitrators or Umpire to make to award without any delay. (e) It will be no objection that the person/persons appointed as Arbitrator/Arbitrators or Umpire is/are Government Servants. If, however, the Arbitrator/Arbitrators/Umpire 20 is/are Railway Servant(s) he/they shall not be one/those who had an opportunity to deal with the matters to which the items of dispute. 3.29 The contract documents shall be signed in duplicate by RDSO and the Contractor. The Contract documents are complementary, and what is called for by any one shall be binding as if called for by all. 3.30 The Contractor shall conform to the provision of any stature relating to the works and regulations and by-laws of any local authority. 3.31 All notices, communications, references and complaints made by the Director General/RDSO through Director-Computer/Executive Director(Carriage)/ Executive Director (VDG Carriage) or their representatives or the Contractor inters concerning the works shall be in writing and no notice, communication, reference or complaint not in writing shall be recognised. 3.32 Safety Measures (a) The Contractor shall take all precautionary measures in order to ensure the protection of his own personnel moving about or working on the railway premises, but shall then confirm to the rules and regulations of the Railways. (b) The Contractor shall abide by all railway regulations in force for the time being and ensure that the same are followed by his representatives, Agents or sub-contractors or workmen. He shall give due notice to his employees and workers about provision of the para. (c) The contractor shall ensure that unauthorised, careless or inadvertent operation of installed equipment, which may result in accident to staff and/or damage to equipment, does not occur. (d) The Contractor shall indemnify and keep RDSO indemnified and harmless against all actions, suite, claims, demands, costs, charges of expenses arising in connection with any accidents, death, in injury sustained by any person or persons within the railway premises and any loss of damage to railway property sustained, due to the acts or omissions of the contractor, or his staff during the execution of this contract irrespective of whether such liability arises under the Workman‟s Compensation Act, 1923, as modified up to 1st August, 1969, or the fatal accidents act or any other statute in force for the time being. 3.33 The Contractor shall indemnify and save harmless RDSO against all actions, suit proceedings losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against RDSO by reason of any act or commission of the Contractor, his agents or employees, in the execution of the works or in the guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of RDSO without reason or reference to the actual loss or damage sustained and whether or not any damage shall have been sustained. 21 3.34 Final Settlement and Refund of Security Deposit (a) On expiry of the contract period and issue of the certificate for final and satisfactory completion of works, the Security Deposit will be refunded to the Contractor, subject to the conditions laid down in clause (b) below: (b) It is an agreed term of the contract that RDSO reserves to itself the right to carry out a post payment audit and/or technical examination of the works and the final bill, including all supporting vouchers, abstracts etc. and to make a claim on the contractor for the refund of any excess amount paid to him if as a result of such examination any overpayment to him is discovered to have been made in respect of any work done or alleged to have been done by him under the contract. (c) The initial security deposit shall, however, be liable to be forfeited in case of any breach by the Contractor of any of the conditions of the contract or for non-completion of the full contract without prejudice to other rights and remedies of RDSO whether specifically provided for herein or otherwise. (d) The security money shall be returned to the contractor after the physical completion of the work certified by the competent authority. The competent authority shall be normally be the authority who is competent to sign the contract. The certificate, inter alia, should mention that the work has been completer in all respects and the contractual obligations have been fulfilled by the contractors and that there is no due from the contractors to RDSO against the contract. Before releasing the security deposits, an unconditional and unequivocal no claim certificate form the contractor should be submitted. 3.35 Income Tax, as applicable from time to time, on the gross amount will be deducted from all bills of the contractor. 3.36 The Contractor shall comply with the provisions of payment of wages Act 1936 of all employees employed by him in carrying out this contract. 3.37 Special Instructions to the Tenderers The tenderers should go through the following instructions carefully prior to quoting the rates for different items. (i) Contractors of adequate experience and resourcefulness must only quote to ensure a superb quality of work. (ii) False statement made deliberately will make the tender liable to be rejected. -----XXX----- 22 CHAPTER IV TECHNICAL CONDITIONS OF THE CONTRACT 4.0 SCOPE OF WORK: The work involves “ Successful installation of one no. of High Performance Computing Cluster as per technical specification mentioned in the Annexure-A with 3 years on-site comprehensive maintenance warranty on the hardware & software supplied. & porting of the Applications (NUCARS and Electric Loco Simulations provided by RDSO) on to the HPCC provided and deployed by tenderer.  The installation of HPCC will be at the Computer Wing of Carriage Directorate, Research Design & Standard Organization (Ministry of Railways) Manak Nagar Lucknow. The source-code of applications to be ported are available with Computer Wing/Carriage Directorate/RDSO. Supply, Installation & porting of related Pathscale Fortran 95 and C compiler with perpetual licence (2 concurrent user license),GNU C and Fortran Compilers,32 AND 64 BIT Libraries, Scientific Numerical libraries (ACML)Libraries, compliers for successful porting of applications and subsequently updating of same during warranty period. Training for users of HPCC should be provided by the tenderer. A one-time on-site training covering cluster management should be provide by the tenderer (including cluster monitoring, installation of operating system and other software, remote management using web interface, trouble shooting etc.) The supply of spare parts is to be guaranteed at least for a period of 10 years after the installation of the HPCC. Other software applications not mentioned in the tender document and any other software procured by RDSO independently are to be installed and integrated with the cluster Platform LSF v 6.0/ latest version job scheduler software should be provided; for direct job allocation and policy-scheduled interactive and batch queue management. LSF provides a rich set of scheduling policies for scheduling and prioritizing jobs based on combinations of static and dynamic system attributes, such as the number of processors, job attributes, such as time limits, and user attributes, including uid, gid, account id, project id, and priority-based quotas for size and time allocation. LSF policies include first come-first-served, fairs hare, hierarchical fairs hare, deadline-constrained, exclusive, adaptive dispatch, backfill, preemptive, and job slot reservation. Apart from Platform LSF, A Resource Manager software utility should be provided to allocate access to nodes in the cluster, launch parallel and serial jobs, manage those jobs and provide I/O control, etc.. The resources can be partition able. Both parallel and serial jobs can be submitted to be scheduled on the proposed cluster using this Resource Manager and/or the LSF. Management - the software must allow power management and on-going health monitoring of the nodes. Further, the cluster software suite must include a user friendly system and network monitoring application, which watches hosts and      23  services specified by the administrator, and provides alerts and event handlers as specified. There should also be a cluster monitoring system, which provides all required node statistics to the Network monitoring application. The setup must also allow remote shell commands. Utilities must be provided for rapid and automated system initialization, wherein each node is booted over the network with an auto install kernel, and then a base image is distributed using a multicast mechanism, along with node specific configuration information. A utility must be provided that allows to present a single host name to users so that they see the compute cluster as a single system for login access to prepare and launch high-performance applications. The software and the technology to be adopted should ensure seamless integration with the existing workflow of RDSO.  5.0 TERMS & CONDITIONS 5.1. The equipment must conform to the highest quality and standard. In case of software, the Tenderer should guarantee that the software supplied to the Indenter is licensed and legally obtained. All hardware and software must be supplied with their original and complete printed documentation. Consistency must be maintained for the entire lot of the equipment offered. All the required quantity of an item in schedule of requirement must be of the same brand and same model number. The Tenderer should not substitute any internal components or subsystems of equipment by similar items from a different manufacturer. All the equipment and peripherals should be supplied with the relevant interface cables. The prices quoted in the bid should be inclusive of power cables, interface cables, packing, forwarding, freight upto RDSO, Lucknow, transit insurance from supplier godown to RDSO, Lucknow and installation charges at site. All Tax in vogue, if any, should be included in the price quoted in bid. The available space and electricity will be provided by the RDSO, free of charges. The Rates offered should be valid for one year. The tenderers will be required to give an undertaking for successful porting of applications. The supply and installation of the HPCC shall be delivered by the tenderer within 8 weeks from the date of issue of the work order and shall be operationalized within 4 weeks after delivery by the tenderer. All deliveries are upto RDSO door. If any loss or damage occurs in transit then it will be the responsibility of the supplier to make good the loss, within the time stipulated in the tender/work order for installation. The tenderer may take necessary action to claim the insurance money, for the item(s) lost/damaged during transit, from insurance Company. All the items to be supplied should be new, of good quality and standard and as per the technical specifications mentioned in bid document. 5.2. 5.3. 5.4. 5.5. 5.6. 5.7. 24 5.8. The tenderer will provide printed documentation i.e. operational manuals, OEM documents for peripherals…etc. along with the systems. The original source code of the software and parallelized verison of ported software shall be sole propriety of RDSO. And it should not be used by tenderer in any form. Inspection and tests Inspection and tests prior to shipment of Goods and at final acceptance are as follows: After the goods are manufactured and assembled, inspection and testing of the goods shall be carried out at the supplier‟s plant by the supplier, prior to shipment to check whether the goods are in conformity with the technical specifications attached to the work order. Manufacturer‟s test certificate with data sheet shall be issued to this effect and submitted along with the delivery documents. The RDSO if so desires shall be present at the supplier‟s premises during such inspection and testing. The location where the inspection is required to be conducted should be clearly indicated. The supplier shall inform the RDSO about the site preparation, if any, needed for installation of the goods at the RDSO‟s site at the time of submission of order acceptance. The acceptance test will be conducted by the RDSO, their consultant or other such person nominated by the RDSO at its option after the equipment is installed at RDSO‟s site in the presence of supplier‟s representatives. The acceptance will involve trouble free operation. There shall not be any additional charges for carrying out acceptance test. No malfunction, partial or complete failure of any part of the equipment is expected to occur. The Supplier shall maintain necessary log in respect of the result of the test to establish to the entire satisfaction of the RDSO, the successful completion of the test specified. In the event of the ordered item failing to pass the acceptance test, a period not exceeding one week will be given to rectify the defects and clear the acceptance test, failing which the RDSO reserve the right to get the equipment replaced by the Supplier at no extra cost to the RDSO. Successful conduct and conclusion of the acceptance test for the installed goods and equipments shall also be the responsibility and at the cost of the Supplier. Manuals and drawings before the goods and equipments are taken over by the RDSO, the Supplier shall supply operation and maintenance manuals together with drawings of the goods and equipments built. These shall be in such details as will enable the RDSO to operate, maintain, adjust and repair all parts of the works as stated in the specifications. Unless and otherwise agreed, the goods equipment shall not be considered to be completed for the purposes of taking over until such manuals and drawing have been supplied to the RDSO. Packing Packing Instructions: Each package will be marked on three sides with proper paint/indelible ink, the following: i) Item 5.9. 6.0 6.1 6.2 6.3 6.4 6.5 6.6 7.0 25 ii) Contract No. iii) Country of Origin of Goods iv) Supplier‟s Name and v) Packing list reference number. 8.0 Delivery and Documents Generally the delivery of the goods should be made within 08 weeks from the date of placement of work order. Within 24 hours of shipment, the supplier shall notify RDSO and the insurance company by cable/telex/fax/e mail the full details of the shipment including contract number, railway receipt number/ AWB etc and date, description of goods, quantity, name of the consignee, invoice etc. The Supplier shall mail the following documents to RDSO with a copy to the insurance company: (i) 4 Copies of the Supplier invoice showing contract number, goods' description, quantity, unit price, total amount; (ii) Acknowledgment of receipt of goods from the consignee(s) by thetransporters; (ii) Insurance Certificate, if any. (iii) Manufacturer's/Supplier's warranty certificate; (iv) Inspection Certificate issued by the nominated inspection agency, ifany, and the Supplier's factory inspection report; and (v) Certificate of Origin. (vi) Two copies of the packing list identifying the contents of each package. The above documents should be received by the RDSO before arrival of the Goods (except where the Goods have been delivered directly to the Consignee with all documents) and, if not received, the Supplier will be responsible for any consequent expenses. Insurance For delivery of goods at the RDSO‟s premises, the insurance shall be obtained by the Supplier to an amount equal to 110% of the value of the goods from "warehouse to warehouse" (final destinations) on "All Risks" basis including War Risks and Strikes. The insurance shall be valid for a period of not less than 3 months after installation and commissioning. Warranty Complete HPCC solution (Hardware + Software) will carry three years on site comprehensive warranty. Warranty period will start from the date of successful installation and acceptance of all the items at site as follows:   9.0 10.0 Operating System should also be supported for the period of 3 years by tenderer. Cluster Suite should be supported for 3 years with all updated and patches provided by tenderer for throughout three years. Technical response time should not be more than 30 minutes to RDSO through remote management using web interface. For the same, tenderer has to provide at least two toll free nos During the above warranty period, the Vendor will provide comprehensive maintenance of the entire hardware, hardware components, systems software,  26 equipment and accessories supplied by the vendor at theplaces of installation of the equipment..   The Vendor will provide 3 year System Administration support with remote access of the cluster and onsite visits when necessary. During the above mentioned warranty period, For problem which can be attended through web interface - the equipment will be repaired by 5.00 pm on the same day in case of reporting of the defect in the forenoon and will be repaired by 12.00 noon next day in case of reporting of the defect in the afternoon. In case of Vendor failing above standards, a stand-by arrangement will be provided till the equipment is repaired. For problem requiring personal visit of vendor – In case, the equipment cannot be “UP” through web-interface, visit shall be made to the site with 24 hrs and equipment should be brought “UP” with-in 72 hrs of logging of complaint. In case, the equipment can not be brought “UP” to full performance as per above two paragraphs, a penalty of Rs. 5000/= (Rupees Five thousand only) per working day or part thereof will be levied against the vendor till such equipment becomes “UP”. - -  The Vendor will be fully responsible for the manufacturer‟s warranty for all equipment, accessories, spare parts etc. against any defects arising from design, material, manufacturing, workmanship, or any act or omission of the manufacturer / Vendor or any defect that may develop under normal use of supplied equipment during the warranty period. 11.0 11.1 NATURE OF SERVICES The successful tenderer shall compile and make an instruction manual for HPCC operations, operating system operations and the same shall be provided to the RDSO for use of its staff for carrying out the operation of HPCC The tenderer shall have to arrange its own staff. RDSO would neither bear any expenses nor accept responsibility for the same and there would be no relationship between the RDSO and the staff of the tenderer. No person engaged by the tenderer shall claim any right of employmentcontractual or otherwise- with the RDSO. The tenderer will ensure that the staff engaged is disciplined and maintains full decorum of the office. Continuance of the contract shall be subject to satisfactory performance of the tenderer and it may be cancelled at any time without assigning any reason for the same. The decision of the Executive Director(Carriage)/Executive Director(VDG)/Director(Computer)/ in this regard shall be final and binding. The successful tenderer may be allowed to do the work on all working days between 9 A.M. to 5.30 P.M. only. In case the Tenderer wishes to carry on the job 11.2 11.3 11.4 11.5 11.6 27 on holidays and during odd hours, necessary permission in writing is to be obtained by the Tenderer from the RDSO. 11.7 RDSO attaches utmost importance to prompt and proper services. The contractor shall ensure that the time schedule for the work is strictly adhered. RDSO administration shall afford access to the site for the purpose of this contract to the contractor's staff. The work shall be supervised by the nominated official of RDSO who are familiar with the Railway programmes. Tenderer‟s personnel shall follow all security procedures as prescribed by Railways for entry of personnel or bringing in or taking out the material concerning to this contract. PENALTIES RDSO attaches a lot of importance to timely completion of work. If delivery/installation/commissioning of the work is not made within above stipulated period, the compensation will be payable for non-adherence to the committed delivery/installation/commissioning of schedules by the tenderer to RDSO as follows:1.0% of the total order value per week of delay in supply, installation & successful commissioning of High Performance Computing Cluster including porting of application as specified subject to maximum of 10.0% of total order value. 19.0 RDSO reserves the right to cancel the total/part work order, if the delivery gets delayed more than 2 weeks from the stipulated period of 6 weeks given in the Work Order. Penalty as mentioned clause above shall however be applicable even if the order is canceled in part or full. RDSO shall have no responsibility what-soever for any damages sustained by the tenderer due to cancellation of the work order. PAYMENT TERMS: The successful tenderer should show the required peak performance to RDSO by HPCC software pack before submitting the bills for payment. Payment shall be made by RDSO, subject to bills submitted by successful tenderer. Director/computer will send the bill, after due verification, to the finance for payment. as follows:70% against completion of installation, commissioning and acceptance of the system/equipment to the entire satisfaction of RDSO at Computer Wing, Carriage Directorate, RDSO, Lucknow, Balance 20% will be paid after successfully porting of applications, specified in clause 4.0 above , and signing of contract agreement, specified in clause 2.8. Balance 10% of the bill amount will be paid at the end of the three years on-site comprehensive warranty. 11.8 11.9 18.0 `0 - - 28 22.0 TERMINATION OF THE CONTRACT RDSO administration shall have the rights to terminate the contract any time, without assigning any reason, during the currency by giving one-month notice to the contractor in writing. FORCE MAJURE: Neither RDSO nor the contractor shall be liable to each other for any delay in, or failure of their respective obligation under this agreement caused by occurrence beyond the control of RDSO or contractor, as the case may be, including but not limited to fire including explosion, floods, power shortage, acts of God, hostility, acts of public enemy, wards insurrections, riots, strikes, lock-outs, sabotages, any law, statue or ordinance order, actions or regulations, of the Government, local or other public authorities. Contractor will promptly by not later than 30 days of the commencement thereof notify the other in writing of such contingency and prove that such is beyond the control and affects the implementation of the contract adversely and materially. 23.0 Contractor's signature (SEAL) Director/Computer RDSO, Lucknow 29 Annexure –A Specification of High Performance Compute Cluster Total No. of Nodes: 12 Total No. of CPUs: 24 Total No. of Cores: 96 Compute Node: (A) (B) (C) PROCESSOR: 2 NOS OF , QUAD-CORE INTEL 64 BIT XEON @ 3.16 GHZ OR HIGHER, 12MB L2 CACHE OR HIGHER PER CHIP WITH DUAL 1333 MHZ FSB (EM64T) INTEL 5000P CHIPSET 4 X 4GB (MINIMUM 667MHZ) DDR2 ECC FULLY BUFFERED DIMM (FBDIMM) MEMORY, EXPANDABLE UPTO 32GB ( 8 DIMM SOCKETS) MAKE: SAMSUNG/ HYNIX/ KINGSTON MINIMUM 2 X 160 GB SATA HDD 7200 OR HIGHER RPM, HOT PLUGGABLE HARD DISKS. MAKE: SEAGATE/MAXTOR/ HITACHI/FUJITSU TOTAL MINIMUM HDD SPACE = 3840GB ALSO 8 X300GB SAS HDD IN MASTER NODE = 2400 GB N CHIPSET: MEMORY: (D) HARD DISK: (E) (F) STORAGE CONTROLLER: NETWORK ON-BOARD INTEL ESB2 SATA 3.0GBPS CONTROLLER WITH SUPPORT FOR RAID 0 & 1 (A) (B) ON-BOARD INFINIBAND 4X DDR, 20GBPS CONTROLLER WITH SINGLE-PORT MAKE: QLOGIC / VOLTAIRE/MELLANOX. ON-BOARD INTEL DUAL-PORT GIGABIT ETHERNET CONTROLLER MAKE: D’LINK / CISCO (G) (H) (I) (J) (K) GRAPHICS CONTROLLER PCI-EXPANSION SLOT ON-BOARD ATI ES1000 CONTROLLER WITH 16 MB VIDEO MEMORY AT LEAST 1 FREE PCI-EXPRESS X8 SLOT AFTER INFINIBAND CARD HAS BEEN POPULATED. ONBOARD IPMI 2.0 CARD WITH IN BAND OR OUT OF BAND SUPPORT 2 RJ45 LAN PORTS, 2 USB 2.0 COMPLIANT PORTS, 1 VGA PORT, 1 FAST UART 16550 SERIAL PORT, 1 EXTERNAL INFINIBAND CONNECTOR MAXIMUM 1U RACK-MOUNTABLE WITH RACK-MOUNTING ACCESSORIES I.E. TWIN BOARD SYSTEM OR MAXIMUM 1U FOR BLADE SERVER TECHNOLOGY 500W OR LESS FIXED POWER SUPPLY PER NODE. IPMI: I/O PORTS: FORM FACTOR (L) (M) (N) POWER SUPPLIES: OPERATING SYSTEM COMPATIBILITY INSTALLATION: WARRANTY: LINUX BASED 64-BIT (RHEL5 OR EQUIVALENT WITH LATEST VERSION) INSTALLATION AT RDSO WITHOUT ADDITIONAL COST THREE YEARS ONSITE COMPREHENSIVE WARRANTY FROM THE DATE OF SATISFACTORY INSTALLATION AND ACCEPTANCE AT RDSO 30 Master Node: One (O) PROCESSOR: (P) 2 NOS OF , QUARD-CORE INTEL 64 BIT XEON @ 3.16 GHZ OR HIGHER, 12MB L2 CACHE OR HIGHER PER CHIP WITH 1333 MHZ FSB (EM64T). INTEL 5000P CHIPSET 4 X 4GB (MINIMUM 667MHZ) DDR2 ECC FULLY BUFFERED DIMM (FB-DIMM) MEMORY, EXPANDABLE UPTO 32GB (8 DIMM SOCKETS). MAKE: SAMSUNG/ HYNIX/ KINGSTON 8 X 300GB SAS HDD 15000 OR HIGHER RPM, HOT PLUGGABLE HARD DISKS. MAKE: SEAGATE/MAXTOR/ HITACHI/FUJITSU 08 PORT SAS RAID CONTROLLER WITH 256MB CACHE WITH BBU. CHIPSET: (Q) MEMORY: (R) (S) (T) HARD DISK: STORAGE CONTROLLER: NETWORK (A) ON-BOARD / ADD-ON INFINIBAND 4X DDR, 20GBPS CONTROLLER WITH SINGLE-PORT MAKE: QLOGIC / VOLTAIRE/MELLANOX (B) ON-BOARD INTEL DUAL-PORT GIGABIT ETHERNET CONTROLLER MAKE: D’LINK / CISCO (U) GRAPHICS CONTROLLER ON-BOARD ATI ES1000 CONTROLLER WITH 16 MB VIDEO MEMORY (V) PCI SLOT (W) IPMI: (X) DVD-WRITER (Y) I/O PORTS: (Z) FORM FACTOR ATLEAST 3 PCI EXPRESS SLOTS OR HIGHER ONBOARD / ADD-ON IPMI 2.0 CARD WITH IN BAND OR OUT OF BAND SUPPORT INTERNAL DVD-RW DRIVE 2XPS2 PORTS FOR KBD AND MOUSE / 1XCOM PORT / 1X VGA PORT / 2X LAN RJ45 PORTS / ATLEAST 2XUSB PORTS/1 X INFINIBAND DDR PORT MAXIMUM 2U RACK-MOUNTABLE WITH RACK-MOUNTING ACCESSORIES OR BLADE SERVER TECHNOLOGY REDUNDANT POWER SUPPLY GNU/LINUX BASED 64-BIT ( RHEL 5 OR EQUIVALENT WITH LATEST VERISON) INSTALLATION AT RDSO WITHOUT ADDITIONAL COST THREE YEARS ONSITE COMPREHENSIVE WARRANTY FROM THE DATE OF SATISFACTORY INSTALLATION AND ACCEPTANCE AT RDSO (AA) POWER SUPPLIES (BB) OPERATING SYSTEM COMPATIBILITY (CC) INSTALLATION: WARRANTY: Minimum Peak Performance required: 1 Tera Flops per sec SPECIFICATION FOR INFINIBAND SWITCH WITH HOST CHANNEL ADAPTERS NO OF QTY = 1 (A) SWITCH INFINIBAND SWITCH CHASSIS THAT CAN SUPPORT UP TO 24 PORTS 4X DDR (20 GBPS) . FULLY NON-BLOCKING INFINIBAND SWITCH SUPPORTING DDR (20 GBPS) INFINIBAND HCA'S. MAKE: QLOGIC / VOLTAIRE (B) (C) HOST CHANNEL ADAPTERS: LINK CABLE INCLUDED IN SERVER SPECIFICATION QLOGIC / MALLANOX /VOLTAIRE: INFINIBAND COPPER CABLES OF REQUIRED LENGTH FOR THE XEON CLUSTER TO SUPPLIED WITH MINIMUM CABLE LENGTH OF 3 METERS PER HCA 31 (D) (E) (F) (G) (H) (I) KITS POWER SUPPLIES SOFTWARE UPGRADE RACK MOUNT KITS OR ADJUSTABLE TO BLADE SERVER TECHNOLOGY TWO FACTORY INSTALLED POWER SUPPLIES (1 + 1) IN INFIBAND SWITCH ALL NEWER VERSIONS/UPGRADES HAS TO BE SUPPLIED DURING THE WARRANTY PERIOD. HCAS AND SWITCH SHOULD BE FULLY COMPATIBLE WITH MPI OPEN SOURCES INSTALLATION AND DEMONSTRATION OF ALL CAPABILITIES OF THE SWITCH AT RDSO WITHOUT ADDITIONAL COST MPI SUPPORT INSTALLATION WARRANTY THREE YEARS ONSITE COMPREHENSIVE WARRANTY FROM THE DATE OF SATISFACTORY INSTALLATION AND ACCEPTANCE AT RDSO SPECIFICATION FOR GIGABIT ETHERNET SWITCH: (ADDITIONAL FOR REMOTE MANAGEMENT) NO OF QTY = 1 (A) SWITCH GIGABIT ETHERNET SWITCH CHASSIS THAT CAN SUPPORT UP TO 24 PORTS (@ 1 GBPS) . MAKE: D’LINK / CISCO D’LINK / SYSTIMAX: GIGABIT ETHERNET CABLES FOR IPMI MANAGEMENT WITH 07 FEET. (B) LINK CABLE 42U SERVER RACK OR BLADE SERVER CHASIS: QTY – 1 UNIT A) B) C) MAX. 42 U USABLE HEIGHT. RACK OR BLADE FROM SERVER OEM MAX. 600 MM OVERALL WIDTH & 1000 MM OVERALL DEPTH MIN. 2 NOS. OF ROOF MOUNTED FAN TRAYS IN EACH RACK, EACH WITH 4 NOS. BALL BEARING FANS OR 9 HOT PLUGGABLE REDUNDANT FAN MODULES ( IN CASE OF BLADE SERVER) 1 NOS. FULLY VENTILATED FRONT DOORS OPENABLE BY 180 DEGREES. THE DOORS CAN BE HINGED ON LHS OR RHS AT SITE WITHOUT DRILLING ANY HOLES E) F) G) SUFFICIENT MOUNTING HARDWARE (160 CAGE NUTS) CABLE ENTRY PROVISION ON REAR AND TWO SIDES INTEGRAL PLINTH RACK OR BLADE SERVER TO BE GIVEN IN COMPLETELY KNOCK DOWN (CKD) FORM AND TO BE ASSEMBLED AT SITE (BOLTED CONSTRUCTION OF RACK) ROOF AND BASE CABLE ACCESS WITH COMPREHENSIVE CABLE MANAGEMENT ACCESSORIES. RACK OR BLADE SERVER SHOULD BE RUGGERED ENOUGH TO HOUSE THE ABOVE QUOTED SERVERS UP TO 36 NOS. WITH SUITABLE CHANNELS AND CLAMPS FOR CABLING PURPOSES. ADEQUATE NUMBERS OF POWER POINTS (5 AMPS, SILVER PLATED SOCKETS ON BOTH SIDE) TO HOUSE 36 MACHINES SHOULD BE PROVIDED IN THE RACK OR BLADE SERVER. TWO NOS. OF 16 A SILVER-PLATED SOCKETS FOR MASTER NODE BLANKING PANELS (1 U) - 20 NOS. FRONT CONTROL PANEL WITH ITERACTIVE GRAPHICAL LCD(FOR BALDE SERVER TECHNOLOGY ONLY) D) H) I) J) K) HPCC Software Stack features or Equivalent features: Cluster Provisioner or Equivalent Mvapich-gen2 or Equivalent Automates installation and management of Supercomputers. MPI over InfiniBand, iWARP and other RDMA-enabled Interconnects. 32 Mpich2 or Equivalent OFED-1.1 or Equivalent OpenMPI or Equivalent Torque or Equivalent MPICH2 is a new implementation of MPI, designed to support research into high-performance implementations of MPI-1 and MPI-2 functionality OpenFabrics Enterprise Distribution. A. High Performance Message Passing implementation derived from FT-MPI, LA-MPI, LAM/MPI, and PACX-MPI projects TORQUE (Tera-scale Open-source Resource and QUEue manager) is a resource manager providing control over batch jobs and distributed compute nodes. TORQUE is based on OpenPBS version 2.3.12 and incorporates scalability, fault tolerance, and feature extension patches. Cluster Command and Control – Cluster management software. LLNL's (LLNL – Lawrence Livermore National Laboratory) Simple Utility for Resource Management. LLNL's Console Manager. LLNL's parallel and distributed shell LAM/MPI is a high-quality open-source implementation of the Message Passing Interface specification, including all of MPI-1.2 and much of MPI-2. LLNL's Cluster monitor tools and libraries. Distributed monitoring system LLNL's static cluster configuration database management tools. Enables non-interactive certificate based login to compute nodes. Clustered storage over computational node's local disks using Non-UniformFile-Access I/O scheduler for fast parallel scratch space. Complete Intelligent Platform Management stack with cluster friendly interface and C library. Open source compilers G-Fortran & Portland Compilers, C/C++, FORTRAN90, FORTRAN95 & FORTRAN 77, Java Programming with relevant debugging tools C3 or Equivalent SLURM or Equivalent Conman or Equivalent PDSH or Equivalent LAM or Equivalent Cerebro or Equivalent Ganglia or Equivalent Genders or Equivalent Autologin or Equivalent NUFA or Equivalent GNU FreeIPMI or Equivalent Languages Porting of Applications: NUCARS : New Un-tried Cars Analysis Regime Simulation Software, source available in FORTRAN Language, presently run in IRIX 5.3 operating system environment. Electrical Loco Simulation & Failure Analysis, source code available in FORTRAN, presently run in LINUX 2.4 operating system environment. 33 FORMS FOR TENDER FORM No. 1. 2. 3. 4. 5. 6. Description Offer letter. Memorandum of Association of the Tenderer. Deviation from the tender papers. Schedule of Prices Tenderer‟s credentials. Tenderer‟s certificate 34 FORM-1 OFFER LETTER From: M/s_______________________ __________________________ ___________________________ To President of India, Acting through the Director/Comp. RDSO, Manak Nagar, Lucknow-226011. Dear Sir, Sub: Tender for ___________________________________________ ____________________________________________ ____________________________________________ I/We________________________________ have read the instructions to Tenderers and conditions of tendering and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of four months from the date fixed for opening the same and in default thereof I/We will be liable for forfeiture of my/our earnest money deposit. I/We offer to do the work relating to Scanning/digitizing and indexing of official records/files of DG's secretariat & Carriage Directorate of RDSO at RDSO, Manak Nagar, Lucknow and hereby bind myself / ourselves to complete the work at the prices quoted in the attached schedules of prices. I/We also fully understand and hereby agree to abide by the General and special conditions of contract and to carryout the work according to the specification for the present Contract as modified by this Tender. 2. I/We have deposited with the Divisional Cash & Pay Master, Northern Railway, Charbagh, Lucknow, the required sum of Rs. ------------------- as earnest money, this tender for Receipt No. _______________________dated _______________________has been granted. OR I/We enclose a __________________ from __________________________Bank Ltd., for a sum of Rs .________________________as earnest money in respect of this Tender. The full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies if: a) I/We do not execute the Agreement within seven days after receipt of notice issued by the Railway that such Agreement is ready or. 35 b) I/We do not commence the work on the date stipulated in the approved Schedule of work. 3. Until a formal Agreement is prepared and executed, acceptance of this Tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work. 4. I/We enclose the Income Tax Clearance Certificate as required pertaining to me/us for the year__________________. 5. I/We have no retired engineer or retired gazetted officer of the any of the Railways owned/administered by the President of India. OR The list of required engineers or retired Gazetted Officers who are associated with me/us enclosed as an enclosure to this offer letter. Your faithfully, Signature of the Tenderer SEAL OF THE TENDERER Place________________________ Date____________________ Witnessed by 1. Signature Name in Block Capitals________________ Address__________________________________ 2. Signature Name in Block Capitals______________________ Address____________________________________ 36 FORM-2 MEMORANDUM OF ASSOCIATION OF THE TENDERER (Including the power of attorney) 37 FORM -3 DEVIATION FROM THE TENDER PAPERS Para No. of the tender papers. Deviations offered Reason for the deviation 38 FORM 4 SCHEDULE OF PRICES NAME OF THE WORK: Supply, installation & commissioning of One No. High Performance Computing Cluster as specified in Annexure –A including software cost, man power, storage media, porting of applications, training or any other cost involved in the execution of work. The amount quoted should also be inclusive of all kind of taxes. S. Name of work` Rate in Rs.` Total amount in Rs. Total Amount in words No. 1. Compute Node of required specification as mentioned in Tender document Total 12 Nos Master Node of required Specification as mentioned in Tender document Infiniband Switch of support upto 24 ports 20GBPS along with necessary cables - one No Gigabit Ethernet Switch support upto 24 ports along with necessary cables – one No. Porting of Applications of NUCARS & Electric Loco Simulation software into HPCC 3 years On-site Warranty Support Grand Total 2. 3. 4. 5. 6. Signature of Tenderer with SEAL 39 FORM 5 TENDERER’S CREDENTIALS: Please fill in the questionnaire below: 1. 2. Give details of your previous experience of similar work. Have you any consultants to assist you in this work? If so, give full particulars. 3. Give details of technical personnel you would employ for execution of this contract and a brief note about their qualifications and experience. 4. Details of 5 projects executed for the itwm quoted(High Performance Computing Cluster): Note: Please only quote projects which are at least of the value indicated in the Tender document with regard to the item being supplied. Name of the Tenderer ___________________________________________ Year. Name of Client Equipment Supplied Value of Work order/P.O. Qty. Amt Clients Contact Details (Including name, email, phone and fax no. and address) Whether sucessful ly installed/ commissi oned Remarks 2008-09 2007-08 2007-08 2006-07 2005-06 5. List of five HPCC projects since current year & last three financial years 6. Give the name of your Bankers and their reference. 7. Details of credential for tendered work 8. Any other relevant information Note: This form shall be filled precisely and with full details. 40 FORM 6 The tenderer will give a certificate as under: “I/We certify that I/We have checked this downloaded bid documents with the bid documents available online at www.rdso.gov.in and there is no discrepancy/variation/printing mistake and it is further certified that no alteration /modification has been made in the bid documents. I/We accept that the entire responsibility of ensuring that this application form along with other documents are as per original available on website is mine/ours. I/We also agree that if anything contrary is found the decision of RDSO/ Administration will be final and binding on me/us.‟‟ Your faithfully, Place____________________ Date____________________ Signature of the Tenderer 41 FORM -7 The tenderer will give a certificate as under: “I/We certify that I/We have checked the existing softwares (NUCARS – New Untried Coach Regime Simulation Software, & Electrical Loco Simulation Software available at RDSO computer wing and We would like to port the existing software as mentioned above into New High Performance Computing Cluster at no extra cost involved. I/We accept that the entire responsibility of ensuring the porting of current application into New HPCC. I/We also agree that if anything contrary is found the decision of RDSO/ Administration will be final and binding on me/us.‟‟ Your faithfully, Place____________________ Date____________________ Signature of the Tenderer 42