LIC Power Management

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Request for Proposal for Supply, Implementation and

Maintenance of Power Saving Solution for Desktops


[Ref: LIC/CO/IT-BPR/HW/Power Saving/2023-24/03 Dated 07.09.2023]

Life Insurance Corporation of India,


Central Office, IT/BPR Department,
Jeevan Seva Annexe, 2nd floor,
S.V. Road, Santacruz (West)
Mumbai - 400 054

This document is the property of Life Insurance Corporation of India (LIC). It may not be copied, distributed or recorded on any medium,
electronic or otherwise, without LIC’s written permission. Use of contents given in this document, even by the authorized
personnel/agencies for any other purpose other than the purpose specified herein, is strictly prohibited as it shall amount to copyright
violation and thus shall be punishable under the Indian law.

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Contents
A. Definitions & Abbreviations: ............................................................................................................................ 4
B. Invitation to Bid ..................................................................................................................................................... 7
C. Activity Schedule: .................................................................................................................................................. 7
D. Eligibility Criteria: ................................................................................................................................................. 7
E. General Information and Instructions to the Bidders: .......................................................................... 9
1. Compliant Bids / Completeness of Response:............................................................................................ 9
2. Cost of Bidding: ...................................................................................................................................................... 9
3. Pre-Bid Meeting & Clarifications..................................................................................................................... 9
4. Instructions for Bid Submission................................................................................................................... 10
5. Bid Currencies: .................................................................................................................................................... 11
6. Late Bids: ............................................................................................................................................................... 11
7. Rejection of non-compliant bid .................................................................................................................... 11
8. Right to terminate the Process: .................................................................................................................... 12
9. Modification and Withdrawal of the Bids: ............................................................................................... 12
10. Pricing & Taxes: .................................................................................................................................................. 12
11. Earnest Money Deposit.................................................................................................................................. 13
12. Evaluation of Bids .............................................................................................................................................. 13
13. Online Reverse Auction (ORA): .................................................................................................................... 14
14. Preference to Micro and Small Enterprises (MSE):.............................................................................. 15
15. Guidelines on Public Procurement (Preference to Make in India), Order 2017 ...................... 15
16. Bid Validity Period ............................................................................................................................................. 16
17. Land Border Clause: .......................................................................................................................................... 16
18. Pre-Contract Integrity Pact ............................................................................................................................ 16
F. Scope of Work:..................................................................................................................................................... 16
G. Standard Terms & Conditions:...................................................................................................................... 18
1. General Terms And Conditions .................................................................................................................... 18
2. Project Duration ................................................................................................................................................. 18
3. Non-Disclosure Agreement (NDA): ............................................................................................................ 19
4. Performance Bank Guarantee (PBG).......................................................................................................... 19
5. Obligations of the Selected Vendor:............................................................................................................ 19
6. Deliverables and Timelines: .......................................................................................................................... 20
7. General obligations of the Vendor............................................................................................................... 20
8. Warranties ............................................................................................................................................................ 20
9. Access to LIC's Premises.................................................................................................................................. 20
10. Conduct at LIC's Premises............................................................................................................................... 20
11. Subcontracting .................................................................................................................................................... 20
12. Monitoring Progress ......................................................................................................................................... 21
13. Performance Assessment................................................................................................................................ 21
14. Personnel ............................................................................................................................................................... 21
15. Intellectual Property Rights (IPR)............................................................................................................... 21
16. Termination .......................................................................................................................................................... 23
17. Indemnity: ............................................................................................................................................................. 25
18. Support & Maintenance (Warranty) Terms and Conditions:........................................................... 26
19. Force Majeure Clause: ....................................................................................................................................... 26
20. Limitation of Liability: ...................................................................................................................................... 27
21. Disputes: ................................................................................................................................................................ 27
22. Conflict of interest:............................................................................................................................................. 27

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23. Fraud and Corrupt Practices .......................................................................................................................... 28
24. Consequences of Termination of Selected Bidder: ............................................................................... 29
25. Information Security related Conditions of LIC: .................................................................................... 30
H. Payment Terms: .................................................................................................................................................. 31
I. Service Level Agreement (SLA), Penalties ............................................................................................... 32
Annexure-I- Company Profile ....................................................................................................................................... 33
Annexure-II- Format for Submission of Performance Certificate.................................................................. 35
Annexure-III- Certificate of Local Content............................................................................................................... 36
Annexure-IV- Technical Bid ........................................................................................................................................... 37
Annexure-V - Indicative Commercial Bid Format ............................................................................................... 38
Annexure-VI- Online Tendering Guidelines ............................................................................................................ 39
Annexure-VII- LIC Bank Account Details ......................................................................................................................... 42
Annexure-VIII- Non-Disclosure Agreement ............................................................................................................ 43
Annexure-IX- Format for Performance Bank Guarantee (PBG)....................................................................... 47
Annexure-X- Service Level Agreement ..................................................................................................................... 48
Annexure-XI- PRE CONTRACT INTEGRITY PACT................................................................................................. 49
Annexure-XII- Manufacturer Authorization form ................................................................................................ 54
Annexure- XIII- Format for Bank Guarantee/EMD .............................................................................................. 55
Annexure-XIV: Declaration pertaining to Land Border clause........................................................................ 56
Annexure-XV - Business Rules, terms & conditions of Online Reverse Auction ...................................... 57
Annexure XVI – Format of Agreement ...................................................................................................................... 61

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A. Definitions & Abbreviations:

LIC means without limitation the “Life Insurance Corporation of


India” (LIC),a statutory Corporation established under
section 3 of Life Insurance Corporation Act, 1956, (Act 31 of
1956) having its Central Office at “Yogakshema”, Jeevan
Bima Marg, Mumbai 400 021
Bidder System Integrator /Original Equipment Manufacturer/ Company
in its individual right.
Agreement The written contract signed between the LIC and the Selected
vendor with respect to any/all deliverables or services
contemplated by this RFP and all the attached documents. The
“Agreement” includes the RFP, all addenda/corrigenda issued by
LIC subsequent modifications to the RFP, Response of the
selected vendor to the RFP and the contract document itself.
Authorized Signatory The person authorized by the company’s Board/ Managing
Director/Director for signing the bid documents on behalf of the
company
Total Cost of Operations The grand total of the L1 quote after conclusion of Online Reverse
Auction i.e. Cost of the solution is inclusive of all the taxes and
exclusive of GST only.
Working Day shall be construed as a day excluding Sundays, Saturdays and
public holidays declared under the Negotiable InstrumentsAct,
1881 by concerned State Governments or Central Government
of India
Day Calendar Day
Clarifications Means Addenda, corrigenda and clarifications to the RFP
L1 quote Lowest price discovered through Online Reverse Auction
Commercial Bid
1. If Online Reverse Auction is held as per the conditions of the
RFP – Lowest price discovered through Online Reverse Auction
2. If Online Reverse Auction is not held as per the conditions of
the RFP - Lowest price discovered through Commercial Bid
L1 Bidder Bidder with L1 quote i .e lowest quote
RFP This Request for Proposal Ref: LIC/CO/IT-BPR/HW/Power
Saving/2023-24/03 Dated 07.09.2023, inclusive of any
clarifications/corrigenda/ addenda to this RFP that may be issued
by LIC.

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Abbreviations Description Abbreviations Description

# Serial Number NDA Non-Disclosure Agreement


CA Chartered Accountatnt OEM Original Equipment Manufacturer
CD Compact Disk OS Operating System
CO Central Office, LIC ORA Online Reverse Auction
DME Domestically Manufactured Equipment PBG Performance Bank Guarantee
DO Divisional Office, LIC PDI Pre Dispatch Factory Inspection
DR Disaster Recovery PO Purchase Order
EMD Earnest Money Deposit PO VALUE Purchase Order Value
HCTM Hardware Complaint Tracking Module RFP Request for Proposal

SSV Supply & Service Vendor RHEL Red Hat Enterprise Linux
HSV Hardware Servicing Vendor RM (IT) Regional Manager (IT), ZO, LIC
IM Introductory Meeting TCO Total Cost of Operations
MAF Manufacturers’ Authorization Form SI System Integrator
Manager(IT) Manager (IT), DO, LIC SLA Service Level Agreement
MS SQL Microsoft structured query language SNR Site Not Ready
MSE Micro and Small Enterprises PPP-MII Public Procurement (Preference to
Make in India)
ECZ East Central Zone SPOC Single Point of Contact
NZ Northern Zone UDIN Unique Document Identification
Number
NCZ North Central Zone UAT User Acceptance Testing
SZ Southern Zone ZO Zonal Office, LIC
WZ Western Zone GST Goods and Service Tax
PAN Permanent Account Number
INR Indian National Rupee
PMA Preferential Market Access
IT Information Technology

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Disclaimer:

1. The information contained in this Request for Proposal document (RFP) or subsequently provided to the
Bidders, whether verbally or in documentary or in any other form by or on behalf of the Purchaser or any
of its employees or advisors, is provided to the Bidders on the terms and conditions set out in this RFP and
all other terms and conditions subject to which such information is provided.

2. This RFP is not an Agreement and is neither an offer nor an invitation by the Purchaser to the 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. The information is not an exhaustive account of
statutory requirements and should not be regarded as a complete or authoritative statement of law.

3. While reasonable care has been taken in providing information in this RFP, the Bidders are advised not
to rely on this information only but also carry out their independent due diligence and risk assessments
before submitting their response to this RFP. Further, the Bidders are advised to conduct their own
analysis of the information contained in this RFP, carry out their own investigations about the project, the
regulatory regime which applies there to and all matters pertaining to the Purchaser and to seek their own
professional advice on the legal, financial and regulatory consequences of entering into an agreement or
arrangement relating to this RFP

4. The information contained in this RFP is subject to update, expansion, revision and amendment prior to
the last day of submission of the bids at the sole discretion of the Purchaser. In case any major revisions to
this RFP are made by the Purchaser within seven days preceding the last date of submission of the
Proposals, the Purchaser may, at its discretion, provide reasonable additional time to the Bidders to
respond to this RFP. Neither the Purchaser nor any of its officers, employees nor any advisors nor
Consultants undertakes to provide any Bidder with access to any additional information or to update the
information in this RFP.

Subject to any law to the contrary and to the maximum extent permitted by law, LIC and its Directors,
Officers, employees , agents disclaim all liability from any loss or damage suffered by any person acting or
refraining from acting because of any information including forecasts, statements, estimates, or
projections contained in this RFP document and any addendum/ corrigendum to it or conduct ancillary to
it whether or not the loss or damage arised in connection with any omission, default, lack of care or is
representation on the part of LIC or any of its officers, employees or agents. All information processed by
the Bidder during solution deployment and maintenance belongs to LIC. By having the responsibility to
maintain the infrastructure, the Bidder does not acquire implicit access right to the information or right to
redistribute the information

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B. Invitation to Bid
The Life Insurance Corporation of India (hereinafter referred to as “LIC”) a statutory corporation
established under section 3 of Life Insurance Corporation Act 1956 (Act 31 of 1956) and having its
Central Office at “Yogakshema”, Jeevan Bima Marg, Mumbai – 400021, hereby invites online bids
through online e-tendering portal https://www.tenderwizard.com/LIC, for RFP for Supply,
Implementation and Maintenance of Power Saving Solution for Desktops to meet the
requirements set out in this RFP document.

C. Activity Schedule:
Ref: LIC/CO/IT-BPR/HW/Power Saving /2023-24/03 Dated
1 RFP Reference
07.09.2023
Supply, Implementation and Maintenance of Power Saving
2 RFP for
Solution for Desktops
Bid Processing Fee (Non- Non Refundable fee of INR 5,000 + GST (@ 18%) = Total 5,900
3
refundable) MSEs are exempted from Bid processing fee.
Rs 20,00,000 i.e. Rupees Twenty lakhs only in the form of
Earnest Money Deposit Bank Guarantee from Nationalized/ Scheduled Bank (as per
4
(EMD) format given in Annexure -XIII ). MSEs are exempted from
EMD.
Performance Security by
5 10% of L1 prices of total project Contract Value.
Successful Bidder
6 Date of Issue of RFP 07.09.2023
Last date of submission of
7 14.09.2023
Pre-Bid Queries
8 Date of Pre-Bid meeting 18.09.2023
Last date and time for Bid
9 11.10.2023 up to 3:00 pm
Submission
10 Opening of Bid 11.10.2023 up to 3:30 pm

11 Opening of commercial Bid <To be communicated later to the eligible bidders >
Life Insurance Corporation of India,
Address for Central Office, IT/BPR Department, Hardware Section,
12
communication “Jeevan Seva” Annexe, II Floor, S V Road, Santacruz (W),
Mumbai – 400054.
13 Contact Numbers 022- 67090453 / 67090321
14 Email Id co_ithw@licindia.com
15 Mode of Bid Submission Online (https://www.tenderwizard.com/LIC)

D. Eligibility Criteria:
The Bidder has to submit the documents substantiating eligibility criteria as mentioned in the following
table.
Bidder could be a System Integrator or Original Equipment Manufacturer (OEM). If any Bidder submits
a bid on behalf of an OEM, the same Bidder shall not submit a bid on behalf of another OEM under the
RFP.

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S. Eligibility Criteria Documents to be submitted
No.
1 The Bidder must be an Indian Company/ Certificate of Incorporation issued by Registrar of
Partnership firm registered under the Companies/ any other relevant authority with full
applicable Act in India. address of the registered office along with
Memorandum & Articles of Association/ Partnership
Deed, Copies of valid certificates for GST, Copy of
PAN attested by authorized signatory of the
company
2 The Bidder must have an average turnover  Details in the format given in Annexure-I
of minimum Rs. 3 crores during three out  Copies of Audited Balance Sheet, Profit & Loss
of last five financial years i.e. FY22-23, statement/ Certificate from Chartered
FY21-22, FY20-21, FY19-20 and FY18-19. Accountant for the last five financial years.

3 The Bidder should be a profitable If CA Certificate is submitted, UDIN number


organization on the basis of profit before should be mandatorily included in it.
tax (PBT) for at least 2 out of last 3
financial years mentioned in para 2 above.
4 Bidder should have experience of Copies of Purchase Orders or Certificate of
minimum 5 years in providing the completion of work.
Software Solution/ services.
5 The proposed solution should be Copies of Purchase Orders or performance
implemented in at least 2 organisations in certificate as per Annexure-II.
minimum of 25000 desktops in each
organisation
6 The Bidder (including its OEM, if any) Certificate of local content to be submitted as per
should either be Class-I or Class- II local Annexure-III.
supplier as defined under this RFP.
7 Certificate confirming back to back Copy of the Valid Certificates to be provided.
arrangement with the OEM.
8 Status of past/ pending litigation, if any, by Brief details of litigations, disputes related to
the bidder or against the bidder, indicating product/ services being procured under this RFP or
the up to date, correct and current status infringement of any third party Intellectual Property
of the case Rights by prospective Bidder/ OEM or disputes
among Bidder's board of directors, liquidation,
bankruptcy, insolvency cases or cases for
debarment/ blacklisting for breach of contract/
fraud/ corrupt practices by any Scheduled
Commercial Bank/ Public Sector Undertaking / State
or Central Government or their agencies/
departments or any such similar cases, if any are to
be given on Company’s letter head signed by
authorized signatory. If no details are given, it will
be treated as no-litigation or dispute and if any
litigation/ dispute comes to light at a later date,
appropriate action will be taken against the bidder.
9 Bidders should not be under debarment/ Bidder should give declaration in
blacklist period for breach of contract/ Annexure-I in this regard.
fraud/ corrupt practices by any Scheduled
Commercial Bank/ Public Sector
Undertaking/ State or Central Government
or their agencies/ departments on the date
of submission of bid for this RFP.

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10 The bidder should submit an Authorization Copy of Board resolution appointing the authorized
for the signatory nominated for signing of signatory and Power of Attorney, if required.
all the documents submitted in this RFP.
All the documents/ proforma(s)/ Certificates should be signed/ attested by the Signatory of the
Company authorized as per the Power of Attorney or as per the copy of the Board resolution
appointing the authorized signatory.
Documentary evidence must be furnished against each of the above criteria along with an index.
Relevant portions, in the documents submitted in pursuance of eligibility criteria, should be
highlighted.

E. General Information and Instructions to the Bidders:


1. Compliant Bids / Completeness of Response:
a) Responding to this RFP and submission of the bid by the Bidder will be deemed as consent from
the bidder to all the terms and conditions mentioned in the RFP. All the terms and conditions of
the RFP along with the Annexure(s), clarifications/ corrigendum(s) issued will be binding on the
bidder and will also form a part of the purchase orders/ any resulting contracts, to be issued to
the successful bidder as an outcome of this RFP Process.
b) The responses to this RFP must be complete and comprehensive with explicit documentary
evidence in support and the information should be submitted in the same format as per the
Annexure(s) attached.
c) Failure to comply with the requirements as set out within the RFP and failure to submit the bid
as detailed in the RFP may render the bid non-compliant and the bid may be rejected.
d) Rejection of non-compliant bid:
1) LIC reserves the right to reject any or all bids on the basis of any deviation(s).
2) Bids found with suppression of details, subjective, conditional offers, partial offers will
be rejected. The decision of LIC in the evaluation of bids shall be final.
2. Cost of Bidding:
The bidder shall be responsible for and bear all the costs incurred in connection with participation
in the RFP process, preparation and submission of its bid, including, but not limited to, costs
incurred in conduct of informative and other diligence activities, participation in meetings/
discussions/ presentations, preparation of proposal, in providing any additional information
required by LIC to facilitate the evaluation process. LIC will in no case be responsible or liable for
any costs, regardless of the conduct or outcome of the bidding process.

3. Pre-Bid Meeting & Clarifications


a) LIC shall hold a pre-bid meeting with the prospective bidders as stated in Activity Schedule.
Maximum two representatives per bidder will be allowed to attend the meeting and the names of
the attendees will have to be informed to LIC by the prospective bidder through the mail id for
correspondence as mentioned in the Activity Schedule, two working days in advance.
Representatives of the bidder(s) attending the pre-bid meeting will have to bring their company
Identity Cards at the time of pre-bid meeting for verification.
b) The Bidders will have to ensure that all their queries are submitted in one consolidated mail in a
single excel sheet as per the format below, latest by the date & time mentioned in the Activity
Schedule. Kindly note that file size should not exceed 1MB.
# RFP Document Clause (in brief) of Brief details/
Reference(s) RFP requiring Query in reference
(Section & Page clarification(s) to the clause
Number)

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c) Clarifications, if any, regarding the terms & conditions of this RFP, any error, omission or
discrepancy found in this RFP document have to be obtained by the bidder till the pre-bid meeting
only. Thereafter, no representations/ queries will be entertained in this regard. Later on if any
issue(s) arise LIC will consider the matter on merits and decide the same, prior to opening of
commercial bids.
d) LIC shall not be responsible for ensuring that the bidders’ queries have been received. Any
requests for clarifications received after the indicated date and time may not be entertained by
LIC.
e) At any time prior to the last date for receipt of bids, LIC may, for any reason, whether at its own
initiative or in response to clarifications requested by prospective Bidders, modify the RFP
Document by issuing clarifications/ corrigenda.
Clarifications (if any) issued by LIC at any time before the due date of submission of the bid will
become a part of the RFP document and would be notified on the official web-site of LIC
(http://www.licindia.in/Bottom-Links/Tenders.aspx).
f) In order to provide prospective bidders reasonable time for taking the clarifications into account,
LIC may, at any time prior to the date of bid submission extend the date for the submission of Bids.
g) Verbal Requests for clarification will not be entertained.
4. Instructions for Bid Submission
This is an E – Tender and hence Bids must be submitted “ON LINE”. The bidders should submit their
Eligibility and Technical bids online i.e. through https://www.tenderwizard.com/LIC .The vendor
must register for submission of their bid as specified in this document (Annexure-VI).
Bid Processing Fee as mentioned in the Activity Schedule must be deposited through online
NEFT/RTGS to Account of “Life Insurance Corporation of India”. The bank details are given in
Annexure-VII. The details of the transaction viz. scanned copy of the receipt of making transaction-
UTR No and date of Transaction is required to be uploaded on e-procurement website at the time
of “final online bid submission”.
The RFP response without the accompanying amount towards Bid Processing Fee is liable to be
rejected. Registered MSEs are exempted from payment of bid processing fee, on submission of
relevant documents to prove their eligibility for exemption.
If the submission to this RFP does not include all the documents and information required or is
incomplete, the RFP is liable to be summarily rejected.The Bidder should submit their Bids along
with required Annexures, Certificates and other required documents etc. as stated in the Section
“Eligibility Criteria” or elsewhere in the RFP.
The bid including all documents and Annexure submitted as a part of bid or called for by LIC must
be serially numbered, duly signed and stamped on each page of the bid document. Bid shall be
signed by the duly Authorised Signatory of the bidder. The person signing the bid shall sign all pages
of the bid, except for un-amended printed product literature/ technical data-sheet available in the
public domain.
Participation in this tender will mean that the bidder has accepted all terms and conditions and
clauses of this RFP/ tender and subsequent modification(s) to this tender, if any.
The indicative prices are ONLY to be quoted in the commercial bid.
During Bid evaluation, if any deviation is observed, LIC may call for clarifications/ confirmations and
may decide to accept any deviation at its discretion and the decision of LIC in this matter will be
final. However, this will be done before opening of indicative commercial bids.
The Bidder should certify that the contents of the uploaded bid are the same as that provided
by way of hard copy. In the event of a discrepancy, the uploaded copy details would prevail.
i. Eligibility Bid:
Documents required for Eligibility bid submission:
1 Non-refundable Bid Processing Fee Rs. 5,900.00( Rs.5,000.00+ GST 18 %) as per

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Annexure-VII (bank account details for bid processing fee).
MSEs are exempted from Bid processing fee.
2 Annexure-I along with the enclosures
3 Copy of Board resolution and Power of Attorney authorizing the signatory for signing the
Bid
4 Pre Contract Integrity Pact in the format given as per Annexure-XI
5 Copies of Purchase Orders or performance certificate as per Annexure-II
6 Certificate of local content to be submitted as per Annexure-III.
7 EMD as per Annexure-XIII
8 Land Border declaration, as per format given in Annexure-XIV
9 Non-Disclosure Agreement (NDA) as per Annexure-VIII
10 Certificate of Incorporation issued by Registrar of Companies/ any other relevant
authority with full address of the registered office along with Memorandum & Articles of
Association/Partnership Deed attested by authorized signatory of the bidder
11 Copy of valid GST Certificate and PAN attested by authorized signatory of the bidder.

ii. Technical Bid:


Technical bid should be submitted as per format given in Annexure-IV. All documents submitted
shall be signed by the authorized signatory.
Documents required for Technical bid submission:
1 Technical Bids (Annexure - IV) along with relevant brochures, certifications,
undertakings, declarations.
2 Manufacturer's Authorization Form (MAF) in format given in Annexure-XII
3 Certificate from the Authorized 3rd Party for power saving solution

iii. Indicative Commercial bid:


The Indicative Commercial bid should be submitted as per format given in Annexure-V. All
documents submitted shall be signed by the authorized signatory.
The price quoted under serial no. 1 of the Commercial Bid should be inclusive as a single license
cost covering all the deliverables in the Scope of Work. Operating system and database licenses,
other than those that will be provided by LIC should be included in the same. The cost should also
include any other licenses which may be required during the contract period of 5 years, and the
cost of the on-site resource. To arrive at the Total Cost of Operation (TCO), the price is to be
quoted for 85,000 systems/ licenses for a period of five years.
The notional cost of the hardware resources, as given in the Indicative Commercial bid format,
will be taken into account only to arrive at the Total Cost of Operations (TCO). No payment will be
made for this line item.
5. Bid Currencies:
Prices shall be quoted in Indian Rupee. The Bids in currencies other than INR will not be considered.
6. Late Bids:
Bids received after the date and time specified in the Activity Schedule will not be considered and
will be rejected. LIC may, at its sole discretion change the date/ time of submission and LIC’s
decision in this matter will be final. LIC will not be responsible for non-receipt of Bids within the
specified date and time due to any reason
7. Rejection of non-compliant bid
LIC reserves the right to reject any or all bids on the basis of any deviation(s). At any stage of Bid
evaluation Bids found with suppression of details, subjective, conditional offers, partial offers will
be rejected. The decision of LIC in the evaluation of bids shall be final.

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8. Right to terminate the Process:
a. LIC may terminate the RFP process at any time without assigning any reasons whatsoever. LIC
makes no commitments, express or implied, that this process will result in a business transaction
with anyone.
b. This RFP document does not constitute an offer by LIC. The bidder's response to this RFP may/
may not result into selection of bidder(s) after completion of selection process as detailed in this
RFP document.
c. LIC reserves the right to accept or reject any proposal, and to annul the RFP process and reject
all proposals at any time prior to award of agreement without assigning any reason
whatsoever without thereby incurring any liability to the affected Vendor(s) or bidders or any
obligation to inform the affected bidder or bidders of the grounds for its action. Reasons for
cancellation will be determined by LIC at its sole discretion.
d. LIC may cancel any procurement under this RFP at any time without assigning any reasons
whatsoever. Decision of LIC will be final in this matter.
e. LIC reserves the right to verify the validity of bid information, and to reject any bid where the
same appears to be incorrect, inaccurate or inappropriate in LIC’s estimation.
Disqualifications
LIC may, at its sole discretion and at any time during the evaluation of Proposal, disqualify any
Bidder, if the Bidder has:
a. Made misleading or false representations in the forms, statements or attachments submitted in
proof of the eligibility requirements;
b. Exhibited a record of poor performance such as abandoning works, not properly completing the
contractual obligations, inordinately delaying completion or financial failures, etc. in any project
in the preceding three years;
c. Submitted a proposal that is not accompanied by required documentation or is non-responsive;
d. Failed to provide clarifications related thereto, when sought;
e. Submitted more than one Proposal;
f. Been declared ineligible by the Government of India/State/UT Government/ PSUs for corrupt
and fraudulent practices or blacklisted.
g. Submitted a Proposal with price adjustment/variation provision.

9. Modification and Withdrawal of the Bids:


No bid can be modified or withdrawn by a bidder, after the submission of the bid. The bid and all
the supporting documents submitted by the bidders shall be the property of LIC.

10. Pricing & Taxes:


a. Price shall be an all-inclusive price exclusive of GST. Applicable GST will be reimbursed to the
successful bidder in proof of having paid the said taxes on behalf of LIC. Vendor shall be entirely
responsible for upfront payment of all applicable taxes and compliance with the respective tax
authorities, in connection with delivery of products at site.
b. The Vendor should not, under any circumstances, request for an increase in the prices once
prices are approved by LIC. No price variation relating to increases in Government levies/ taxes/
cess/ customs duty & excise duty including any newly introduced taxes shall be permitted.
c. Vendor will be entirely responsible for upfront payment of all applicable taxes like Central/ State
levies, sales tax, excise duty, cess, license fees, road permits, service tax etc. in connection with
the delivery of products at the site.
d. GST shall be mentioned in the Invoices and shall be reimbursed as per actual on production of
the original receipt in proof of having paid the said taxes on behalf of LIC.

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e. LIC will deduct taxes from the amounts due and payable to Bidder(s), wherever applicable..
Bidder(s) agrees to reimburse and hold LIC harmless from any deficiency including penalties and
interest relating to taxes including recovery of any tax retrospectively that are its responsibility
under this clause.
f. All expenses, stamp duty and other charges/ expenses in connection with the execution of the
Agreement as a result of this RFP process shall be borne by Service Provider. The Agreement/
Contract would be stamped as per Maharashtra Stamp Act, 1958 and any amendment thereto.

11. Earnest Money Deposit


Bidders shall submit, along with the Eligibility Bid, Earnest Money Deposit (EMD) of Rs. 20 lakhs in
the form of unconditional and irrevocable Bank Guarantee payable at Mumbai, which should be
executed by a Nationalized/Scheduled Bank in the format given in Annexure -XIII valid for a period of
150 days from the date of opening of the Eligibility bid.
 EMD will be refunded to the selected Vendors only after submission of PBG by the selected
vendors. No interest will be paid on the EMD.
 Relaxations to MSEs regarding submission of EMD will be applicable as per government
guidelines. Preferences/benefits shall be given to MSEs in line with Public procurement policy
for Micro and Small Enterprises (MSEs), 2012. To be eligible for the preference, supporting
documents to prove eligibility for exemption must be uploaded for evaluation by the bidder
 The EMD of those Bidders who do not qualify for the supply of hardware, will be refunded to
them without interest after the procedure for selection of Vendor is completed.
 The EMD submitted by the bidder may be forfeited in full or part , as decided by LIC, if:
a. The bidder qualifies and backs out of the L1 quotes.
b. The soft/ hard copies of the item specifications (technical and commercial) are not submitted
or are not readable or only blank CD is submitted.
c. The bidder is found to be indulging in Fraudulent & Corrupt practices as defined in the
relevant Clause mentioned in this RFP.
 Bids submitted without EMD or EMD not submitted conforming to above criteria, will be treated
as nonresponsive and will be summarily rejected by LIC, if the Bidder fails
i. To sign the Contract; or
ii. To furnish unconditional and irrevocable LIC Guarantee towards the Performance
Guarantee as mentioned in this RFP or
iii. To furnish Non-Disclosure Agreement (NDA) as per LIC’s format (Annexure VIII).
 The Bidder withdraws or amends its Bid during the period of Bid validity.

12. Evaluation of Bids


The evaluation shall be done in two stages:
 Stage 1 – Eligibility and Technical bid evaluation
 Stage 2- Commercial Bid Evaluation

a) Eligibility and Technical Bid Evaluation:


 The bidders submitting all the required documents will be eligible for Commercial bid
evaluation, only if all the documents are submitted and found to be in order.
During evaluation of the Tenders, the LIC, at its discretion, may ask the Vendor for
clarification in respect of its tender. The request for clarification and the response shall be in
writing, and no change in the substance of the tender shall be sought, offered, or permitted

RFP for Power Saving Solution 2023 Page 13 of 62


The LIC reserves the right to accept or reject any tender in whole or in parts without assigning
any reason thereof. The decision of the LIC shall be final and binding on all the vendors to this
document and LIC will not entertain any correspondence in this regard.
 Technical bid evaluation will include technical information submitted as per technical Bid
format, presentation of proposed Software Solution/ services, reference calls and site visits,
wherever required. The Bidder may highlight the noteworthy/ superior features of their
Software Solution/ services. The Bidder will demonstrate/ substantiate all claims made in the
technical Bid along with supporting documents to the LIC, wherever called for, the capability of
the Software Solution/ services to support all the required functionalities at their cost in their
lab or those at other organizations where similar Software Solution/ services is in use.
 During Bid evaluation, if any deviation is observed, LIC may call for clarifications/ confirmations
and may decide to accept any deviation at its discretion and the decision of LIC in this matter
will be final. However, this will be done before opening of indicative commercial bids.
b) Commercial Bid Evaluation:
 The commercial Bid of only those Bidders, who are short-listed after technical evaluation,
would be opened.
 The quotes, have to be submitted in the Commercial bid format. Bidder should note that
quotes should be in integer only (i.e. non decimal).
 The Bidder will have to compulsorily quote price for comprehensive software solution and all
the related expenses.
 Highest Bid (H1) Elimination Clause:-If the number of bidders qualified in the commercial bid
evaluation is more than three then bidder who has quoted highest amount (whose quote is
highest in the Indicative Commercial bid) will be disqualified from participating in the ORA. In
case of two or three qualified bidders, there shall be no elimination of H1 bidder. However,
there will be no elimination of qualified bidders who are MSE or qualifying under PPP-MII,
Order 2017, irrespective of the number of bidders qualifying in the commercial bid.

13. Online Reverse Auction (ORA):


ORA will be conducted after the opening of the Indicative Commercial Bid. The date and time of
the ORA will be informed to the eligible bidders subsequently. The business rules are given in
Annexure-XIV.
i. All the Bidders who qualify in the evaluation process shall have to participate in the online reverse
auction to be conducted by LIC’s authorized service provider.
ii. Shortlisted Bidders must have a valid digital signature certificate. Such Bidders will be trained by
authorized e-Procurement agency for this purpose. Bidders shall also be willing to abide by the
business rules for reverse auction. The details of business rules, processes and procedures will
be provided to the short-listed Bidders.
iii. The Bidder will be selected as L1 on the basis of net total of the price evaluation as quoted in the
Reverse Auction.
iv. Errors, if any, in the price breakup format will be rectified as under:
a) If there is a discrepancy between the unit price and total price which is obtained by
multiplying the unit price with quantity, the unit price shall prevail and the total price shall be
corrected unless it is a lower figure. If the Bidder does not accept the correction of errors, the
Bid will be rejected.
b) If there is a discrepancy in the unit price quoted in figures and words, the unit price in figures
or in words, as the case may be, which corresponds to the total Bid price for the Bid shall be
taken as correct.
c) If the Bidder has not worked out the total Bid price or the total Bid price does not correspond

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to the unit price quoted either in words or figures, the unit price quoted in words shall be
taken as correct.
d) The Bidder should quote for all the items/ services desired in this RFP. In case, prices are not
quoted by any Bidder for any specific product and/ or service, for the purpose of evaluation,
the highest of the prices quoted by other Bidders participating in the bidding process will be
reckoned as the notional price for that service, for that Bidder. However, if selected, at the
time of award of Contract, the lowest of the price(s) quoted by other Bidders (whose Price
Bids are also opened) for that service will be reckoned. This shall be binding on all the
Bidders. However, the LIC reserves the right to reject all such incomplete Bids.

14. Preference to Micro and Small Enterprises (MSE):


Preference will be given to registered MSEs as per the Public Procurement Policy for Micro and
Small Enterprises (MSEs) Order, 2012. To be eligible for the preference, supporting documents to
prove eligibility for exemption must be uploaded for evaluation by the bidder.

15. Guidelines on Public Procurement (Preference to Make in India), Order 2017


LIC will follow all the guidelines/notifications for public procurement by Government of India and
CVC.

Preference to Make in India Guidelines on Public Procurement (Preference to Make in India), Order
2017;(PPP-MII Order) and revised order issued vide GOI, Ministry of Commerce and Industry,
Department of Industrial Policy and Promotion letter No. P45021/2/2017-PP(BE-II) dated
16.09.2020 will be applicable for this RFP.

Salient points of the order are reproduced below:


I. Among all qualified bids, the lowest bid will be termed as L1. If L1 is 'Class-I local supplier', the
contract for full quantity will be awarded to L1.
II. If L1 is not a 'Class-l local supplier', the lowest bidder among the 'Class I local supplier', will be
invited to match the L1 price subject to Class-I local supplier's quoted price falling within the
margin of purchase preference, and the contract shall be awarded to such 'Class-I local
supplier' subject to matching the L1 price.
III. In case such lowest eligible 'Class-I local supplier' fails to match the L1 price, the 'Class-1 local
supplier' with next higher bid within the margin of purchase preference shall be invited to
match the L1 Price and so on and contract shall be awarded accordingly. In case none of the
'Class-I local supplier' within the margin of purchase preference matches the L1 price; the
contract may be awarded to the L1 bidder.
IV. "Class-II local supplier” will not get purchase preference in any procurement.
A. Definitions
a. “Local content” means the amount of value added in India which shall, unless
otherwise prescribed by the Nodal Ministry, be the total value of the item procured
(excluding net domestic indirect taxes) minus the value of imported content in the
item (including all customs duties) as a proportion of the total value, in percentage.
b. “Class-I local supplier” means a supplier or service provider, whose goods, services or
works offered for procurement, has local content equal to or more than 50%, as
defined under this order.
c. “Class-II local supplier” means a supplier or service provider, whose goods, services or
works offered for procurement, has local content more than 20% but less than 50%, as
defined under this Order.
d. “Margin of purchase preference” means the maximum extent to which the price quoted
by a local supplier may be above the L1 for the purpose of purchase preference. The
margin of purchase preference shall be 20%.
e. It is mandatory to submit Annexure-III: Certificate of Local Content as per Preference to
Make in India. Bidder must be Class I or Class II or Class III local supplier for

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participating in this tender.
B. Verification of local content
The 'Class-I local supplier'1 'Class-II local supplier' at the time of tender, bidding or
solicitation shall be required to indicate percentage of local content and provide self-
certification as per Annexure-III that the item offered meets the local content requirement
for 'Class-I local supplier' / 'Class-II local supplier', as the case may be. They shall also give
details of the location(s) at which the local value addition is made.

16. Bid Validity Period


Bids shall remain valid for 120 days after the date of Eligibility bid opening prescribed by LIC, in the
Activity Schedule. However, LIC reserves the right to seek bidder’s consent for extension of the
period of Bid validity any time before the expiry of validity period as stated above. The request and
the response thereto shall be made in writing and the validity period of EMD will be suitably
extended by the bidder. Such extension will not require modification of the bids already submitted.

17. Land Border Clause:


The land border clause is governed by the Office Memorandum F.No.6/18/2019-PPD dated
23.07.2020 issued by the Ministry of Finance, Department of Expenditure, Public Procurement
Division inserting Rule 144 (xi) in GFRs 2017 which defines clauses regarding restrictions or
procurement from a bidder of a country which shares a land border with India. Bidders have to
submit a self-declaration for land border clause, as per format given in Annexure-XIV, which shall
form a part of eligibility criteria specified in this RFP.

18. Pre-Contract Integrity Pact


To ensure transparency, equity, and competitiveness and in compliance with the CVC guidelines, this
tender shall be covered under the Integrity Pact (IP). The pact essentially envisages an agreement
between the prospective bidders/vendors and LIC committing the persons/officials of both the
parties, not to exercise any corrupt influence on any aspect of the contract. The format of the
agreement is enclosed in Annexure-XI.
Signing of the Integrity Pact with LIC on stamp paper of requisite value would be one of the
preliminary qualifications for further evaluation. In other words, entering into this pact would be one
of the preliminary qualifications for this tender and the pact shall be effective from the stage of
invitation of bids till the complete execution of the contract. Any vendor/ bidder not signed the
document or refusing to sign shall be disqualified in the bidding process.

F. Scope of Work:
The scope of work for this RFP includes supply, installation, testing, implementation and
maintenance of the power saving solution along with other peripherals/ software components
including third party components (if any), with all relevant licenses. The scope of work comprises of
following points:
a) Hardware: Computing resource (server) for implementing the solution shall be provided at LIC’s
on-premise Private Cloud on which per node physical cores are 48.
b) Operating system and database licenses, other than the following should be supplied by the
vendor and cost should be included in the commercials.
Licenses available with LIC:
o RHEL Enterprise wide unlimited licenses
o MYSQL Enterprise wide unlimited licenses
The cost should include any other licenses which may be required during the contract period of
5 years, and also the cost of the on-site resource.
c) The selected bidder has to provide the solution as per the technical specifications. Specifications

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given are not exhaustive and he may quote higher configuration. However no weightage would
be given for higher configuration.
d) The agent deployment is to be done on maximum 85,000 devices (28000 Windows desktops and
57000 RHEL desktops) initially. The number may increase upto 25% during the project/ contract
period. The payment will be made for the actual number of devices serviced during the period
for which payment is being made.
e) Support of One resident engineer is required at IT/BPR Department, Vile Parle, Mumbai on all
working days during working hours of LIC to manage daily operations related to application and
support.
The Engineer should be on the rolls of the vendor and proof of Provident Fund and other
statutory remittances to the respective authorities should be submitted to LIC at the time of
deployment of the Engineer.
In case of leave of resident Engineer, a backup resource should be available at LIC, failing which
penalty as per SLA will become applicable.
f) Services to be delivered listed are listed below. These are not exhaustive and not limited to
the following:
i. Implementation of power saving solution.
ii. Deployment of agents on all the desktops located in all the offices of LIC.
iii. Support and Maintenance of all the related activities (Backup, Restoration &
Troubleshooting of application, Middleware, Database, Operating system and other
peripherals/software components including third party components (if any))
iv. All system components, including third-party components, will be upgraded in a timely
manner. Any necessary software changes will also be made at no additional cost to the
organization.
v. Issues should be resolved within 4 hours.
vi. The bidder's support staff should be able to answer questions and resolve issues quickly and
efficiently.
vii. Training and knowledge sharing
viii. Change and patch management
ix. Meeting the Security, Compliance and Audit requirements in a timely manner including
compliances to all security audits such as Configuration Audit, Vulnerability Assessment,
Penetration Testing, etc.
x. Documentation of SOPs, manuals, reports etc. pertaining to all components including third-
party components (if any) as per the requirement of the organization
xi. Daily health monitoring and report generation
xii. BCP planning and conduct of DR activity
xiii. Overall responsibility of monitoring and maintenance of software solution and the related
infrastructure.
g) Requirements for integrating with existing infrastructure
Power saving solution provided by the bidder should be integrated with existing LIC IT
infrastructure and operations. If at any point of time, it is observed that the solution violates the
organization's cyber security policy, LIC may, at its discretion, disqualify the bidder and impose a
heavy penalty. Bidder should ensure the compliance with the following points:
o Compatibility: The power saving solution must be compatible with the existing system and
infrastructure. This means that the solution must be able to communicate with the existing
systems and devices, and it must be able to use the existing data and information.
o Security: The solution must protect sensitive data, and it must prevent unauthorized access
to the system. It should be non-intrusive.
o Scalability: The solution must be able to be easily adapted to changes in the organization's
needs.

RFP for Power Saving Solution 2023 Page 17 of 62


o Usability: This means that the solution must be user-friendly, and it must be easy to learn
and operate. It should not hinder the day to day operation of the user of the system
o Support: The bidder must provide documentation, training, and support for the solution. An
escalation matrix should be provided for escalation of issues to the vendor.
h) Deployment-Production will have Primary and DR systems. One UAT setup has to be deployed
for testing requirements of future system related changes, upgrades, application bug-fixes and
new releases.
i) Place of Service- Deployment of the solution and the Services of support engineer will be
required at:
LIC of India, IT/BPR Department, Jeevan Seva Annex, Vile Parle(w), Mumbai - 400054.
j) Acceptance Testing and signoff: The entire system will be tested, to ensure that the system is
capable of catering to all the requirements mentioned in this RFP. After implementation, all the
features specified in the scope of work, expected deliverables would be tested and acceptance
would be given by LIC.
k) Training: Bidder shall train specified LIC employees for operational management of the system.
The Training shall be imparted at a location suggested by Central office IT Department (likely to
be at Mumbai) for a team of around 10 persons. While all arrangements for the LIC employees
will be made by LIC, the Bidder will have to ensure that training is imparted in a professional
manner and proper course-ware is given to every personnel attending the training.
l) Documentation:
 The bidder provide documentation covering Operation, System management, Configuration
and Troubleshooting.
 Bidder shall supply detailed "As Installed Drawings" after the completion of the project. This
will also include a Printout of important configuration settings. The bidder shall supply an
integrated manual for administration of the Power Saving Solution.
 The documentation shall be updated as per the approved change/ configuration
management and shall be submitted.
m) Audit, Inspection and Testing of Infrastructure and facilities of the bidder: The bidder shall
make available all necessary and relevant records, facilities access to their relevant systems and
access to personnel for audit by the LIC or any representative authorized by LIC.
n) The selected vendor shall provide the services of an authorized 3rd party power saving auditor to
verify that the deployed solution is providing more than 20% power savings in desktops. And
they must submit a quarterly report by an authorized third-party power saving auditor on the
total power savings achieved.
o) The requirement for, and participation in, audits and Inspection does not in any way reduce
Bidders’ responsibility to perform its obligations in accordance with the Contract
p) This clause applies for the Contract Period including any extension period or till the termination
or expiry of the Contract

G. Standard Terms & Conditions:


1. General Terms And Conditions
The Terms & Conditions mentioned in this section will be applicable to the Selected Bidder
(Vendor) with whom LIC contracts as an outcome of this RFP process.
2. Project Duration
The initial project duration will be for a period of 5 Years from the date of issue of purchase order.
The prices must be valid for 5 years from the date of initial purchase order and no enhancement

RFP for Power Saving Solution 2023 Page 18 of 62


will be permitted.
The project duration may be extended by LIC for duration of 2 years with maximum two such
extensions. The prices during the extended period may be fixed with the mutual consent of LIC and
the vendor.
3. Non-Disclosure Agreement (NDA):
(To be submitted by the Successful Bidder Only): Successful bidder shall submit a duly notarized
Non-Disclosure agreement on a stamp paper of INR 500/- (Rupees five hundred only) as per the
format given in Annexure-VIII duly signed by the Authorized Signatory of the Company. NDA is not
required to be submitted at the bid submission stage.

4. Performance Bank Guarantee (PBG)


i. Unconditional & irrevocable PBG (As per Annexure-IX) to the tune of 10% of the L1 prices of
total project cost approved shall be submitted by the selected bidder.
ii. The Performance Bank Guarantee shall be submitted within 15 days from the date of
intimation.
iii. The PBG should be valid for the period 75 months, including claim period of twelve months,
from the date of submission of PBG. The PBG/ part thereof may be invoked for an amount that
will be decided by LIC, when the bidder backs-out of any of his obligations as per this RFP.
iv. The PBG will not carry any interest.
v. In the event of any contract amendment, the Vendor shall, within seven days of agreeing to
such amendment, furnish the amended PBG, valid for the duration of the Contract as
amended, including warranty obligations contract as per the agreed terms & conditions.
vi. In case of extension of the contract by LIC, the vendor should submit fresh PBG of the same
amount or extend the validity period of the submitted PBG to cover the extended validity
period of the tender within one month prior to the expiry of the earlier PBG, unless otherwise
intimated by LIC
vii. The PBG will be invoked in full or part (to be decided by LIC) in any of following eventualities
Vendor’s performance obligations including any warranty obligations under the contract
during the period of contract:
 The bidder fails to honor expected deliverables or part as per this RFP after issuance of
PO.
 Any legal action is taken against the bidder restricting its operations.
 Any action taken by statutory, legal or regulatory authorities for any breach or lapses
which are directly attributable to the bidder.
 LIC incurs any loss due to Vendor‘s negligence in carrying out the project implementation
as per the agreed terms & conditions
viii. The performance guarantee will be discharged by LIC and returned to the issuing bank with
intimation to the Vendor not later than 60 days following the date of completion of the
Vendor’s performance obligations including any warranty obligations under the contract.
ix. PBG may be required to be submitted in multiple numbers, if required by LIC. In case the
selected bidder fails to submit performance guarantee within the time stipulated, LIC at its
discretion may cancel the notification placed on the selected bidder without giving any notice.
5. Obligations of the Selected Vendor:
The Vendor will supply the Services:
i. With due care and to the best of the Vendor's knowledge and experience;
ii. In accordance with relevant Indian industry standards, good industry practice and guidelines
or where none apply, relevant international industry standards, best practice and guidelines;
iii. In accordance with all applicable Laws;
iv. In accordance with any reasonable directions given by LIC in relation to the Services;
v. So as to meet the dates specified, promptly and without delay.
vi. At Mumbai and other locations as required by LIC.

RFP for Power Saving Solution 2023 Page 19 of 62


6. Deliverables and Timelines:
The Service levels under this RFP is mentioned in Annexure-X-Service Level Agreement.
7. General obligations of the Vendor
The Selected vendor will, at all times:
i. Act reasonably in performing its obligations;
ii. Diligently perform their respective obligations’ and work together with LIC ina
collaborative manner.
iii. The Vendor will supply the services:
a. With due skill and care and to the best of the Vendor 's knowledge andexperience;
b. In accordance with relevant Indian industry standards, good industry practice and
guidelines or where none apply, relevant international industry standards, leading practice
and guidelines;
c. Using the Specified Personnel;
d. In accordance with all applicable Laws;
e. In accordance with any reasonable directions in relation to the services to be provided by
the vendor, given by LIC from time to time;
f. So as to meet the Milestones and other project plan requirements, and where no
Milestones or project plan requirements are specified, promptly and without delay;
iv. The Vendor will be responsible for managing the activities of its personnel and will hold itself
responsible for any misdemeanors.
v. The Vendor will be obliged to work closely with LIC‘s staff (if required), act within its own
authority and abide by directives issued by LIC and undertake implementation activities.
vi. The Vendor will abide by the job safety measures prevalent in India and will free LIC from all
demands or responsibilities arising from accidents or loss of life the cause of which is the
Vendor‘s negligence. The Vendor will pay all indemnities arising from such incidents and will
not hold LIC responsible or obligated.
8. Warranties
The Vendor will have to represent and warrant that:
a. It has the right to enter into the Contract resulting this RFP;
b. It has all rights, title, licenses, interests and property necessary to lawfully perform the
Services;
c. Its Personnel, including its Specified Personnel, have the necessary experience, skill,
knowledge and competence to perform the Services;
d. The Services will be complete, accurate and free from material faults.
e. It will not, nor will it suffer or permit any third party under its direction or control to
negligently introduce into LIC's systems or any Deliverables any Harmful Code.
9. Access to LIC's Premises
LIC will provide the Vendor necessary access to its premises, as and when required and is
deemed reasonable.
10. Conduct at LIC's Premises
The selected Bidder will, if using or accessing LIC's premises or facilities, comply with all
reasonable directions and procedures relating to occupational health and safety and security in
operation at those premises or facilities whether specifically drawn to the attention of the Vendor
or as might reasonably be inferred from the circumstances.
11. Subcontracting
No Subcontracting is permitted for the scope of work to be provided to LIC pursuant to this RFP.
The vendor will not be allowed to assign, in whole or in parts, its obligations under the Contract/
RFP, to any other entity except with Corporation’s prior express consent.

RFP for Power Saving Solution 2023 Page 20 of 62


12. Monitoring Progress
a) Progress Meetings
Regular review meeting will be held between vendor and LIC to discuss any issues in relation to
the provision of the Services. The frequency of such progress meeting will be weekly during the
implementation phase unless any other frequency is agreed to by LIC in writing.
b) Reporting
The Vendor must provide LIC with reports in accordance with the Scope of Work.
13. Performance Assessment
a) Assessment of Services
Each element of the Services is subject to assessment by LIC against the relevant performance
criteria.
b) Notice of non-compliant Services
i. If LIC considers that all or part of the Services does not meet the specifications, LIC will
notify the Vendor within 7 Business Days of assessing the Services against the specifications
ii. LIC will include reasons for the Services not meeting the specifications in the notice given
under clause ‘i’ above.
c) Rectification of non-compliant Services
If LIC notifies the Vendor that all or part of the Services does not meet the Performance
Criteria, the Vendor will:
 Take all necessary steps to ensure that the Services are promptly corrected within the period
as requested by the bidder or period as mutually agreed upon by both the parties.
 Give notice to LIC when the Services have been corrected.
 Allow LIC to repeat the assessment of all or part of the Services against the specifications,
within five Business Days after the date of the notice or such other time as agreed mutually
in writing.
14. Personnel
a) Use of Specified Personnel
 The Vendor will provide the Services or any part of the Services to which their particular
experience relates, with the active involvement of, and using the skill of the Specified
Personnel
 Ensure that each of the Specified Personnel is aware of and complies with the Vendor's
obligations in providing the Services.
b) If the Specified Personnel are not available
Where one or more of the Specified Personnel is or will become unable or unwilling to be
involved in providing the Services, the Vendor will notify LIC immediately.
The Vendor will:
 If requested by LIC, provide a replacement person of suitable ability and qualifications,
having appropriate technical qualifications and experience equivalent or more than the
replaced person, at no additional charge and at the earliest opportunity; and
 Obtain LIC's written consent prior to appointing any such replacement person.
c) LIC may Request Replacement of Personnel
LIC may at any time request the Vendor to remove from work any of the Specified Personnel.
The Vendor must promptly arrange for the removal of such Personnel and their replacement.
15. Intellectual Property Rights (IPR)
a) Third Party Material
The Vendor must have ownership or obtain all necessary copyright and other Intellectual
Property Right permissions before making any Third-Party Material available as Auxiliary
Material for the purpose of performance of services under this RFP and resulting contract.
b) Rights in Vendor’s Pre-existing IPR
All IPR including the existing documents and materials developed or otherwise obtained
independent of the efforts of a party under this Agreement (“pre-existing work”) including

RFP for Power Saving Solution 2023 Page 21 of 62


any enhancement or modification thereto shall remain the sole property of that party.
During the performance of the services for this agreement, each party grants to the other party
(and their sub-contractors as necessary) a non-exclusive license to use, reproduce and modify
any of its pre-existing work provided to the other party solely for the performance of such
services for duration of the term of this Agreement.
Except as may be otherwise explicitly agreed to in a statement of services, upon payment in full,
the Vendor should grant LIC a non-exclusive, perpetual, fully paid-up license to use the pre-
existing work in the form delivered to LIC as a part of the service or deliverables only for its
internal business operations.
Under such license, either of the parties will have no right to sell, assign or transfer the pre-
existing work of the other party to a Third Party. LIC’s license to pre-existing work is conditional
upon its compliance with the terms of this Agreement and the perpetual license applies solely
to the pre-existing work that bidder leaves with LIC at the conclusion of performance of the
services.
Responsibility of the successful bidder
It would be the responsibility of the successful bidder to ensure that it has legal, valid and
current rights to provide all the deliverables as sought under this RFP. LIC acknowledges that,
save as expressly provided elsewhere in this RFP, all Intellectual Property Rights in relation to
the software, its documentation, development, coding and any adaptations, translations and
derivative work, whether a copyright, trade mark, patent, trade secret design or otherwise,
provided to LIC by the bidder during, in connection with or in relation to fulfilling its obligations
under this RFP will belong to and shall remain a property of the bidder or its licensor, except
under the condition when LIC has taken possession of the software through its rights bestowed
upon by the Escrow arrangement.
Liability of the successful bidder
The successful bidder shall be responsible for all due permissions, authorizations and consents
from any third party licensors of software provided by the bidder for this project. The liability of
the bidder, regardless of the nature of the action giving rise to such liability and in case of claims
against LIC arising out of misconduct or gross negligence of the bidder, its employees and
subcontractors or through infringement of rights, patents, trademarks, copyrights, Intellectual
Property Rights or breach of confidentiality obligations shall be unlimited.
i. IPR Warranty
The Vendor will warrant that:
 The Warranted Materials and LIC's use of those Warranted Materials, will not infringe
the Intellectual Property Rights of any person; and
 It has the necessary rights to vest the Intellectual Property Rights and grant the licenses .
 There shall be no assignment or transfer of any Vendor’s pre-existing IPRs ( including any
amendments, modifications or enhancements thereto ) pursuant to this Agreement.
ii. Remedy for breach of warranty
If someone claims, or LIC reasonably believes that someone is likely to claim, that all or part of
the Warranted Materials infringe their Intellectual Property Rights, the Vendor will ensure
following, at the their expense:
 Use its best efforts to secure the rights for LIC to continue to use the affected Warranted
Materials free of any claim or liability for infringement; or
 Replace or modify the affected Warranted Materials so that the Warranted Materials or the
use of them does not infringe the Intellectual Property Rights of any other person without
any degradation of the performance or quality of the affected Warranted Materials.
 The Vendor will indemnify LIC against all third-party claims of infringement of patent,
Intellectual Property Rights, trademark, copy right or industrial design rights arising from use
of the Vendor‘s Solution or any part thereof throughout the Offices of LIC, including but not

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limited to the legal actions by any third party against LIC.
 LIC shall not be held liable for and would be absolved of any responsibility or claim/litigations
arising out of the use of any third party software or its components or modules supplied by
the bidder in terms of requirements of this RFP.
iii. Patent Rights and other litigation costs
In the event of any claim asserted by a third party of infringement of copyright, patent,
trademark or industrial design rights arising from the use of the systems or any parts
thereof with relation to the contract deliverables, in LIC‘s country, the Vendor will act
expeditiously to extinguish such claim. If the Vendor fails to comply and LIC is required to
pay compensation to a third party resulting from such infringement, the Vendor will be
responsible for the compensation including all expenses (court costs and lawyer fees).
LIC will give notice to the Vendor of such claim, if it is made, without delay as when
received.
In no event shall LIC be liable for any indirect, incidental or consequential damage or
liability, under or in connection with or arising out of this RFP, or out of any subsequent
agreement related to any hardware, software and services delivered. For this purpose it
would be immaterial how such liability may arise provided that the claims against
customers, users andservice providers of LIC are considered as a direct claim.
16. Termination
a) Right to terminate
If Vendor fails to comply with the performance criteria defined in this RFP and, if any part of the
service does not meet the specifications on three or more occasions, LIC may (in addition to its
other remedies) terminate the Contract immediately by giving the Vendor written notice of 30
days.
b) Termination and reduction for convenience
i. LIC may, at any time, by a prior written notice of 30 days, terminate the contractor and/ or
reduce the scope of the Services.
ii. On receipt of a notice of termination or reduction the Vendor must stop work as specified in
the notice; take all available steps to minimize loss resulting from that termination and to
protect LIC Material and Contract Material; and continue work on any part of the Services
not affected by the notice.
iii. If the contract is terminated, LIC is liable only for payments in respect of services rendered
before the effective date of termination.
iv. If the scope of the Services is reduced, LIC's liability to pay the Service Charges or to provide
LIC material abates in accordance with the reduction in the Services.
v. LIC is not liable to pay compensation under clause ('c'), if the amount, in addition to any
amounts paid or due, or becoming due, to the Vendor under the contract, exceeds the total
Service Charges payable under the Contract. The Vendor is not entitled to compensation for
loss of prospective profits.
c) Termination by LIC for default
Notwithstanding with the Terms and Conditions of this RFP LIC may, without prejudice to any
other remedy for breach of contract, by written notice of default sent to the Vendor, terminate
the purchase order in whole or part if the Vendor fails to deliver any or all of the systems within
the period(s) specified in Scope of Work of the RFP, or if the Vendor fails to perform any other
obligation(s) under the RFP.
In the event of LIC terminating the Contract in whole or in part, LIC may procure, upon such
terms and in such manner as it deems appropriate, Systems or Services similar to those
undelivered, and the Vendor shall be liable to LIC for any excess costs for such similar systems
or Services. However, the Vendor shall continue the performance of the Contract to the extent
not terminated.
d) Termination for Insolvency
LIC may at any time terminate the Contract by giving written notice to the Vendor, if the Vendor
becomes bankrupt or otherwise insolvent. In this event, the termination will be without

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compensation to the Vendor, provided that such termination will not prejudice or affect any
right of action or remedy, which has accrued or will accrue thereafter to LIC.
In the event of termination under this clause, the office shall be liable to pay the vendor for all
services performed up to the effective date of termination, less any penalties that may be due.
e) After termination
On termination of the contract the Vendor must:
i. Stop work on the Services;
ii. deal with LIC material as directed by LIC; and
iii. return all LIC's Confidential Information to LIC
f) Severability
If for any reason whatever, any provision of this Agreement is or becomes invalid, illegal or
unenforceable or is declared void by any court of competent jurisdiction or any other
instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability of
the remaining provisions shall not be affected in any manner, and the Parties shall negotiate in
good faith with a view to agreeing to one or more provisions which may be substituted for such
invalid, unenforceable or illegal provisions, as nearly as is practicable to such invalid, illegal or
unenforceable provision. Failure to agree upon any such provisions shall not be subject to the
dispute resolution procedure set forth under this Agreement or otherwise.
g) Termination does not affect accrued rights
Termination of the contract does not affect any accrued rights or remedies of a party.
i. Consequences of Termination of the Selected Bidder:
In the event of termination of the selected bidder(vendor) due to any cause whatsoever,
[whether consequent to the stipulated terms of the RFP, end of project life or otherwise], LIC
shall be entitled to impose any such obligations and conditions and issue any clarifications as
may be necessary to ensure an efficient transition and effective business continuity of the
Service(s) which the terminated Bidder shall be obliged to comply with and take all available
steps to minimize loss resulting from that termination/ breach.
The terminated vendor shall support takeover of the solution by LIC or a new vendor selected
by LIC for continuity of the project during the period of transition. This period of transition
shall not exceed six months from the effective date of termination.
Nothing herein shall restrict the right of LIC to invoke the Performance Bank Guarantee and
take other actions as defined in this RFP and pursue such other rights and/or remedies that
may be available under law or otherwise.
The termination hereof shall not affect any accrued right or liability of either Party nor affect
the operation of the provisions of the RFP that are expressly or by implication intended to
come into or continue in force on or after such termination.
ii. Business continuity beyond contract period
At the end of the contract period the vendor shall support takeover of the solution by LIC or a
new vendor selected by LIC for business continuity. Vendor will provide an export facility to
obtain the data /knowledge in a usable format. The vendor shall render all reasonable
assistance and help LIC and any new service provider engaged by LIC for smooth switch over
and continuity of service.
h) Knowledge transfer
Subject to any qualification or provision to the contrary in the Scope of Work, the Vendor
must provide the following assistance to LIC on termination or expiration of the contract:
i. Transferring or providing access to LIC to all information stored by whatever means held by
the Vendor or under the control of the Vendor in connection with the contract; and
ii. Making Specified Personnel and Vendor Personnel available for discussions with LIC as may
be required. The time, length and subject of these discussions will be at the sole discretion

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of LIC, provided that any matter discussed is not considered to reveal any Commercial-in-
Confidence' information of the Vendor.
iii. The Parties agree that duration of Knowledge transfer will not be more than 90 days.
17. Indemnity:
a. Subject to Clause (b) below, Vendor will undertake to indemnify LIC from and against all losses
on account of bodily injury, death or damage to tangible personal property arising in favour of
any person, corporation or other entity (including LIC) attributable to the Vendor's negligence
or willful default in performance or non-performance under the contract. If LIC promptly
notifies Vendor in writing of a third party claim against LIC that any Service provided by the
Vendor infringes a copyright, trade secret or Indian patents of any third party, Vendor will
defend such claim at its own expense and will pay any costs or damages that may be finally
awarded against LIC. Vendor will not indemnify LIC, however, if the claim of infringement is
caused by:
i. LIC’s misuse or modification of the service;
ii. LIC’s failure to use corrections or enhancements made available by the Vendor;
iii. LIC’s use of the Service in combination with any product or information owned or developed
by Vendor; or
iv. Information, direction, specification or materials provided by LIC or any third party
contracted to it.
If any Service is or likely to be held to be infringing, Vendor will at its expense and option either
i. Procure the right for LIC to continue using it, or
ii. Replace it with a non-infringing equivalent, or
iii. Modify it to make it non-infringing.
The foregoing remedies constitute LIC’s sole and exclusive remedies and Vendor’s entire
liability with respect to infringement.

b. The indemnities set out in Clause (a) shall be subject to the following conditions:
i. LIC as promptly as practicable informs the Vendor in writing of the claim or proceedings
and provides all relevant evidence, documentary or otherwise;
ii. LIC will, at the cost of the Vendor, give the Vendor all reasonable assistance in the defence of
such claim including reasonable access to all relevant information, documentation and
personnel provided that LIC may, at its sole cost and expense, reasonably participate, through
its attorneys or otherwise, in such defence;
iii. If the Vendor does not assume full control over the defence of a claim as provided in this
Article, the Vendor may participate in such defence at its sole cost and expense, and LIC will
have the right to defend the claim in such manner as it may deem appropriate, and the cost and
expense of LIC will be included in losses to be indemnified by the vendor;
iv. LIC shall not prejudice, pay or accept any proceedings or claim, or compromise any
proceedings or claim, without the written consent of the Vendor;
v. All settlements of claims subject to indemnification under this Clause will:
o Be entered into only with the consent of LIC, which consent will not be unreasonably
withheld and include an unconditional release to the Indemnified Party from the
claimant or plaintiff for all liability in respect of such claim; and
o include any appropriate confidentiality agreement prohibiting disclosure of the terms of
such settlement;
vi. LIC will account to the Vendor for all awards, settlements, damages and costs (if any) finally
awarded in favour of LIC which are to be paid to it in connection with any such claim or
proceedings;
vii. LIC will take steps that the Vendor may reasonably require to mitigate or reduce its loss as a
result of such a claim or proceedings;
viii. in the event that the Vendor is obligated to indemnify LIC pursuant to this clause, the
Vendor will, upon payment of such Indemnity in full, be subrogated to all rights and defences of
LIC with respect to the claims to which such indemnification relates; and

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ix. if a Party makes a claim under the indemnity set out under Clause (a) above in respect of any
particular Loss or Losses, then that Party shall not be entitled to make any further claim in
respect of that Loss or Losses (including any claim for damages).
18. Support & Maintenance (Warranty) Terms and Conditions:
i. Service Provider ensures that the technical quality and performance of the Services provided will
be consistent with the mutually agreed standards. Support and maintenance for the solution
shall be for a period of Five years from the date of acceptance.
ii. Any defect found will be evaluated mutually to establish the exact cause of the defect. And
Service Provider have to provide technical support to the office for related deficiencies.
iii. It is the responsibility of the service provider at the time of delivery the Software or its
component is free from malware, free from any obvious bugs, and free from any covert
channels in the code (of the versions of the applications/ software being delivered as well as any
subsequent versions/modifications delivered).
iv. The Service Provider guarantees that it will be solely responsible for complying with all
applicable labor laws in relation to its employees, agents, representatives, and subcontractors (if
permitted). This includes laws relating to terminal benefits such as pension, gratuity, provident
fund, bonus, or other benefits to which they may be entitled, as well as laws relating to contract
labor, minimum wages, etc. LIC will have no liability in this regard.
v. The Service Provider guarantees that it has full ownership of all intellectual property rights (IPR)
in the software, copyrights, trade names, trademarks, service marks, logos, symbols, and other
proprietary marks (collectively, "IPR") that it provides for use in connection with the Services to
be provided under this Agreement. This includes any IPR owned by any of the Service Provider's
vendors, affiliates, or subcontractors, to the extent that the Service Provider has the right to use
such IPR.
vi. Service Provider shall duly intimate to the LIC immediately, the changes, if any in the
constitution of Service Provider.
vii. The Service Provider guarantees that, to the best of its knowledge, as of the Effective Date of
this Agreement, the Software does not infringe any third-party patents, copyrights, trademarks,
trade secrets, or other intellectual property rights.
viii. The Service Provider must ensure that all individuals who are engaged by or subcontracted to
the Service Provider to provide the Services under this Agreement have undergone a thorough
background check, police verification, and other necessary due diligence checks to examine their
background and ensure that they are suitable for such engagement. No individual will be
engaged by the Service Provider unless they are found to be suitable in such verification. The
Service Provider must retain the records of such verification and must produce them to the
IT/BPR department upon request.
ix. During the Warranty Period if any software or any component thereof is supplied by Service
Provider is inoperable or suffers degraded performance not due to causes external to the
software, Service provider shall, at the LIC’s request, promptly replace the software or specified
component with new software of the same type and quality. Such replacement shall be
accomplished without any adverse impact on the LIC’s operations within agreed time frame.
19. Force Majeure Clause:
i. The Vendor shall be liable for any delay in execution or failure of their respective obligations
under this agreement except for delay caused by occurrence of events beyond control of the
Vendor((other than lack of funds for any reason or any strike, lockout and labour disputes
in respect of the Vendor only), including but not limited to natural calamities, fire, explosions,
floods, power shortages, acts of God, hostility, acts of public enemy, wars, riots, pandemic,
strikes, sabotage, order/ action or regulations of government, local or other public authorities.
ii. In case a Force Majeure situation arises, the Vendor shall immediately notify LIC in writing of
such conditions and the cause thereof within one week and prove that such is beyond the
control and affect the execution of the Purchase Order.
iii. Unless otherwise directed by LIC in writing, the Vendor shall continue to perform its
obligations under the contract as far as it is reasonably practical, and shall seek all reasonable

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means for performance not prevented by the Force Majeure event.
iv. If non-performance or diminished performance by the Affected Party due to the circumstances
as per b) above continues for a period of more than 30 consecutive days, the other party may
terminate the Contract immediately by giving the Affected Party written notice of 30 days.
v. If the contract is terminated:
 Each party will bear its own costs and neither party will incur further liability to the
other
 Where the Vendor is the Affected party, it will be entitled to payment for services
Accepted or work performed prior to the date of termination of the contract.
Notwithstanding the above, the decision of LIC shall be final and binding on the Vendor.

20. Limitation of Liability:


Except in cases of criminal negligence or willful misconduct and in case of infringement of
intellectual property rights, patent, trademark, copy right or industrial design rights arising
from use of the Solution or any part thereof in any of the services supplied by the vendor
and used/consumed by LIC both parties shall not be liable, whether in contract tort or
otherwise, for any indirect or consequential loss of damage, loss of use, loss of production or
loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of
supplier/ Vendor to pay liquidated damages to LIC and the aggregate liability of both the
parties whether under the Contract, in tort or otherwise, shall not exceed the total Contract
price with LIC under this Contract provided that this limitation shall not apply to the cost of
repairing or replacing defective equipment.

21. Disputes:
The Vendor and LIC shall endeavor their best to amicably settle all disputes arising out of or in
connection with this RFP in the following manner:
If a dispute arises in relation to the conduct of the Contract (Dispute), a party must comply
with this clause before starting arbitration or court proceedings (except proceedings for urgent
interlocutory relief). After a party has sought or obtained any urgent interlocutory relief that
party must follow this clause. Parties agree that neither party shall be entitled for any pre-
reference or pendente-lite interest on its claims. Parties agree that any claim for such interest
made by any party shall be void.
In the event of any dispute or disagreement over the interpretation of any of the terms herein
above, clarifications, annexure(s), etc. contained or claim of liability the same will be referred
in writing to an arbitrator appointed by mutual consent of both the parties, whose decision
shall be final and binding upon both the parties. Such reference shall be deemed to be a
submission to arbitration under the Arbitrations and Conciliations Act 1996. The venue of
arbitration shall be Mumbai. Subject here to the court in Mumbai shall have exclusive
jurisdiction to the exclusion of all other courts.
Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration,
including fees and expenses of the arbitrators, shall be shared equally by the Parties unless the
award otherwise provides.
The Vendor shall not be entitled to suspend the Service(s) or the completion of the job,
pending resolution of any dispute between the Parties and shall continue to render the Service(s)
in accordance with the provisions of the RFP notwithstanding the existence of any dispute
between the Parties or the subsistence of any arbitration or other proceedings.
22. Conflict of interest:
The Vendor will warrant that, to the best of its knowledge after making diligent inquiry, at the
date of signing the contract no conflict of interest exists or is likely to arise in the performance

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of its obligations under the contract.
LIC requires that the Bidder provides professional, objective, and impartial advice and at all
times hold LIC’s interests’ paramount, avoid conflict with other assignments or its own
interests, and act without any consideration for future work. The Bidder shall not accept or
engage in any assignment that would be in conflict with its prior or current obligations to LIC,
or that may place it in a position of not being able to carry out the assignment in the best
interests of LIC.
The Vendor shall disclose to LIC in writing, all actual and potential conflicts of interest that
exists, arises or may arise in the course of performing the obligation(s) as soon as it becomes
aware of that conflict but in no case later than 7 (seven) days and any breach of this obligation
of disclosure shall be construed as Conflict of Interest. LIC shall, upon being notified by the
Vendor under this Clause, decide whether it wishes to terminate this Services or otherwise,
and convey its decision to the Vendor within a period not exceeding 15 (fifteen) days.
Ambiguities within the Document
In case of ambiguities or discrepancies within this RFP, the following principles shall apply:
a) Apart from the clauses where specifically mentioned all other terms and conditions of the
RFP are applicable.
b) as between two Clauses of this RFP, the provisions of a specific Clause relevant to the issue
under consideration shall prevail over those in a general Clause;
c) as between the provisions of this RFP and its Annexures, the RFP shall prevail, save and
except as expressly provided otherwise in the RFP or the Annexures
d) As between any value written in numerals and that in words ,the value in words shall
prevail.

23. Fraud and Corrupt Practices


The Vendors, their employees,agents,advisors and representatives shall observe the highest
standard of ethics at all times. Notwithstanding anything to the contrary contained in this RFP,
LIC shall reject a Bid without being liable in any manner whatsoever to the Vendor, if it
determines that the Vendor has, directly or indirectly or through an agent, engaged in corrupt/
fraudulent/ coercive/ undesirable/ restrictive practice (collectively the “Prohibited Practices”)
at any time. In such an event, LIC shall, without prejudice to its any other rights or remedies,
forfeit in part or full the EMD/ PBG, as the case may be for, inter alia, time, cost and effort of
LIC, with regard to the RFP, including consideration and evaluation of such Bids and such
Vendor may not be allowed to participate in any RFP issued by LIC during a period of 2 years
from the date such Vendor is found by LIC to have directly or through an agent, engaged or
indulged in corrupt/ fraudulent/ coercive/ undesirable/ restrictive practice, as the case may be.
For the purposes of this Section, the following terms shall have the meaning herein-after
respectively assigned to them:
i. “Fraudulent practice” means a misrepresentation or omission of facts or disclosure of
incomplete facts, in order to influence the Selection Process;
ii. “Coercive practice” means impairing or harming or threatening to impair or harm, directly
or indirectly, any persons or property to influence any person’s participation or action in the
Selection Process;
iii. “Undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by LIC with the objective of canvassing, lobbying or in any manner
influencing or attempting to influence the Selection Process; or (ii) having a Conflict of
Interest; and

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iv. “Restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Vendors with the objective of restricting or manipulating a full and
fair competition in the Selection Process.
v. corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence the action of any person connected with the Selection
Process (for avoidance of doubt, offering of employment to or employing or engaging in any
manner whatsoever, directly or indirectly, any official of LIC who is or has been associated
in any matter, directly or indirectly with the Selection Process or the Letter of Notification of
Award or has dealt with matters concerning the Agreement or arising there from, before or
after the execution thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service of LIC, shall be
deemed to constitute influencing the actions of a person connected with the Selection
Process); or (ii) save as provided herein, engaging in any manner whatsoever, whether
during the Selection Process or after the issue of the Letter of Notification of Award or after
the execution of the Agreement, as the case may be, any person in respect of any matter
relating to the Project or the Award or the Agreement, who at any time has been or is a
legal, financial or technical bidder/ adviser of LIC in relation to any matter concerning the
Project

24. Consequences of Termination of Selected Bidder:


LIC may, at any time, by a prior written notice of 30 days, terminate the contract or reduce
the scope of the Services for non-performance or diminished performance or if any part of the
service does not meet the specifications on three or more occasions.
In the event of termination of the selected Bidder due to any cause whatsoever, [whether
consequent to the stipulated terms of the RFP or otherwise], LIC shall be entitled to impose
any such obligations and conditions and issue any clarifications as may be necessary to
ensure an efficient transition and effective business continuity of the Service(s) which the
terminated Bidder shall be obliged to comply with and take all available steps to minimize
loss resulting from that termination/ breach, and further allow the next successor Bidder to
take over the obligations of the terminated Bidder in relation to the execution/ continued
execution of the scope of the work defined in RFP.
Nothing herein shall restrict the right of LIC to forfeit the PBG and take other actions as
defined in this RFP and pursue such other rights and/or remedies that may be available under
law or otherwise.
The termination hereof shall not affect any accrued right or liability of either Party nor affect
the operation of the provisions of the RFP that are expressly or by implication intended to
come into or continue in force on or after such termination.
If the scope of services is reduced, LIC’s liability to pay the service charges or to provide LIC
Material abates in accordance with the reduction in the scope of services
On termination of the contract the Vendor must:
a. Stop work on the Services;
b. deal with LIC Material as directed by LIC; and
c. return all LIC's Confidential Information to LIC Knowledge Transfer
Knowledge transfer-
Subject to any qualification or provision to the contrary in the Scope of Work, the Vendor
must provide the following assistance to LIC on termination or expiration of the contract:

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a. Transferring to or providing LIC access to all information stored by whatever means held by
the Vendor or under the control of the Vendor in connection with the contract; and
Survival
The following clauses survive the termination and expiry of the contract:
 Intellectual Property Rights;
 Indemnity;
 Security;
 Audit and access
 Knowledge transfer
 Warranty
 Insurance
 Confidentiality and privacy
 Protection of personal information
25. Information Security related Conditions of LIC:
The bidders/vendors selected post empanelment, will have to comply with LIC’s Information
Security (IS) Security Policy in key concern areas relevant to the RFP, details of which will be
shared with the finally selected Bidder.
I) Some of the key areas are as under:
a) Responsibilities for data and application privacy and confidentiality;
b) Responsibilities for system and software access control and administration;
c) Custodial responsibilities for data, software, hardware and other assets of LIC being
managed by or assigned to the Vendor;
d) Physical Security of the facilities;
e) Physical and logical separation from other customers of the Vendor;
f) Incident response and reporting procedures;
g) Password Policy;
h) Access Management Policy;
i) Acceptable Usage Policy (Authentication and Identity Management, Authorization and
Access Control);
j) Data Encryption / Protection requirements of LIC;
k) Cyber Security Policy;
l) Auditing;
m) In general, confidentiality, integrity and availability, non-repudiation, authenticity, privacy
of data/information must be ensured;
n) Responsibilities in carrying out background verification of personnel deployed from
vendor side regularly and submit the report as and when needed by LIC.
II) Right to Audit:
i. The selected vendor shall agree to get itself annually audited by external empanelled
Auditors appointed by LIC/ inspecting official from the IRDAI or any regulatory authority,
covering the risk parameters finalized by LIC/ such auditors in the areas of products (IT
hardware/ software) and services etc. provided to LIC and the vendor shall submit such
certification by such Auditors to LIC. The vendor and or his / their outsourced agents /sub
– contractors (if allowed by LIC) shall facilitate the same. LIC can make its expert
assessment on the efficiency and effectiveness of the security, control, risk management,
governance system and process created by the Service Provider. The Service Provider
shall, whenever required by such Auditors, furnish all relevant information, records/data
to them. All costs for such audit shall be borne by LIC.

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ii. Where any deficiency has been observed during audit of the Service Provider on the risk
parameters finalized by LIC or in the certification submitted by the Auditors, it is agreed
upon by the Service Provider that it shall correct/ resolve the same at the earliest and
shall provide all necessary documents related to resolution thereof and the auditor shall
further certify in respect of resolution of the deficiencies. It is also agreed that the Service
Provider shall provide certification of the auditor to LIC regarding compliance of the
observations made by the auditors covering the respective risk parameters against which
such deficiencies were observed. All costs for such audit shall be borne by the service
provider/vendor. However, the travel and stay cost for LIC officials will be borne by LIC.
iii. Service Provider further agrees that whenever required by LIC, it will furnish all relevant
information, records/data to such auditors and/or inspecting officials of the LIC/ IRDAI and
or any regulatory authority required for conducting the audit. LIC reserves the right to call
and/or retain for any relevant material information / reports including audit or review
reports undertaken by the Service Provider (e.g., financial, internal control and security
reviews) & findings made on the Service Provider in conjunction with the servicesprovided
to LIC.
iv. The requirement for, and participation in, audits does not in any way reduce Bidders’
responsibility to perform its obligations in accordance with the Contract.
v. This clause applies for the Contract Period including any extension period or till the
termination or expiry of the Contract.
III) Security clearance
a. LIC may, from time to time, notify the Vendor of the level of security or access clearance
applicable to the Vendor's Personnel, and the date from which, or the period during
which, that clearance will be effective and the Vendor must comply with and ensure its
Personnel act in accordance with that notice.
b. Bidder will be responsible for all costs associated with obtaining security clearances.
IV) Removal of LIC Data
The Vendor will not, and will ensure that its Personnel do not:
a. Remove LIC Data or allow LIC Data to be removed from LIC's premises;or
b. Take LIC Data or allow LIC Data to be taken outside LIC’s premises.
V) Books and records
The Vendor will:
a. Keep adequate books and records, in accordance with Indian Accounting Standards,
insufficient detail, to enable the amounts payable by LIC under the contract to be
determined;
b. Also maintain and retain books and records as mandated by any other law and the
same would be made available to LIC
c. The Vendor will bear the costs of complying with the clause of books & records

H. Payment Terms:
1. The payment will be made through NEFT only. LIC shall make payments in Indian Rupee
(INR) on receipt of invoices, after deduction of penalties and applicable taxes at source from
the agreed price to the selected Vendor.
2. GST, wherever applicable, shall be mentioned in the Invoices submitted and shall be
reimbursed as per actual on production of the original receipt in proof of having paid the

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said taxes on behalf of LIC.
3. Payments will be made only on vendor completing all activities as per the SLA and
submission of third party report on power saving.
4. The payment shall be made quarterly in arrears based on the number of desktops providing
power savings as per the stipulated criteria. The actual amount payable every quarter will
be for the number of desktops serviced during that quarter. This information should be
available in the central console. Payment shall be made after adjusting the penalties, if any.
5. A report by an 3rd party audit firm of global repute/ Government organization certifying the
accuracy of energy metering to be at least 90% accurate should be submitted, as and when
required by LIC.
6. LIC reserves the right to temporarily withhold payments and impose penalty, if it is not
satisfied with progress made during that period or if there is a delay in activity timelines.
7. Payment related objection must be raised in writing within 30 days from the date of release
of payment. No such objection would be entertained beyond that period.
8. If an invoice is found to have been rendered incorrectly after payment, any underpayment
or overpayment will be recoverable by or from the Vendor, as the case may be, and,
without limiting recourse to other available means, may be offset against any amount
subsequently due by LIC to the Vendor under the contract in case of over payment.

I. Service Level Agreement (SLA), Penalties


Successful vendor will have to agree to SLA and penalty clauses as given in Annexure-X. It will form
part of the contract.
The penalty so calculated will either be adjusted with the payments or will be separately realized
from the bidder.
The liquidated damages (LD)/penalties shall be deducted / recovered by LIC from any money due
or becoming due to the bidder under this purchase contract or may be recovered by invoking of
Bank Guarantees or otherwise from bidder or from any other amount payable to the bidder in
respect of other Purchase Orders issued under this contract, levying liquidated damages without
prejudice to LIC s right to levy any other penalty where provided for under the contract.
All the above are independent of each other and are applicable separately and concurrently.
LD/penalty is not applicable for the reasons attributable to LIC and Force Majeure.

Executive Director (IT/BPR)

RFP for Power Saving Solution 2023 Page 32 of 62


Annexure-I- Company Profile

RFP for Supply, Implementation and Maintenance of Power Saving Solution for Desktops
[Ref: LIC/CO/IT-BPR/HW/Power Saving/2023-24/03 Dated 07.09.2023]

1 Name of the Company


2 Whether OEM, System Integrator,
Hardware/Software Service Vendor?
3 Company Registered as
[Public Limited/Private Limited]
4 Date of Incorporation
5 Address of Corporate/ Registered Office
Line 1
Line 2
Name Of City
State
Postal Code
Email id
Phone no.
6 Date of registration of the Company
alongwith the certificate.
7 GST registration No. and date of registration
8 PAN No. ( Attach certified copy of PAN)
9 Turnover of the Company:
Financial Year : (in Crores)
2022-2023
2021-2022
2020-2021
2019-2020
2018-2019
In the Power Saving related business since
last 5 years (Yes/No). Please state the year
from which in Power Saving business.
Profit before Tax of the Company
10
Financial Year : (in Crores)
2022-2023
2021-2022
2020-2021
Details of 2 organizations in which proposed Customer 1 Customer 2
solution is implemented(minimum of 25000
desktops in each organization)
Name of the Customer
11 Name of the Contact Person
Contact number
Total Number of Desktops Serviced
Year of implementation of the Project
Details of Power Saving Solution Implemented
Name of the Name of the Name and contact Number of Whether the Project
vendor who clients details of Sr. Desktops in has been successfully
12 has officer which solution is executed as on date of
implemented representing the installed bid submission (Date of
the solution client for the completion of the
proposed in purpose of Project)

RFP for Power Saving Solution 2023 Page 33 of 62


this bid reference
1
2
3
4
5
13 Bidder’s Address for communication :
Line 1
Line 2
Name Of City
State
Postal Code
Email id
Phone no./ FAX no.
Bank Details
14
Name of Bank
Branch
MICR Code
Type of A/C
Account No.
IFSC Code
15 Bidder's Official Web Site (URL)
Details about Certifications
16

Any other relevant information not covered


17
in the above points :
18 We hereby confirm that we, M/s _______________________ have not been debarred by LIC or any
public Sector organization as on date of submission of the bid.
Enclosures:
a). Attested Copies of the Purchase Orders along with the Certificate from the customers for the
Purchase Orders attached.
b). Power of Attorney or the copy of the Board Resolution appointing the Authorized Signatory.
c) Cancelled cheque of the Bank Account along with the NEFT details.

RFP for Power Saving Solution 2023 Page 34 of 62


Annexure-II- Format for Submission of Performance Certificate
< Format of the Performance Certificate to be given by the Customer for the Purchase Orders placed with
the Bidder to be submitted on the Letter Head of the Company.>

To whosoever it may concern

Particulars Details
Company Details
Company Name
Company address

Name of the contact person and designation


Phone number of the contact person
E-mail address of the contact person
Project Details
Name of the Project
Start Date
End Date
Current Status (In Progress / Completed)
Size of Project
Number of desktops in which the solution is
implemented
Value of Work Order (In Lakh) (only single
work order)

Name & Signature of authorised signatory

Seal of Company

RFP for Power Saving Solution 2023 Page 35 of 62


Annexure-III- Certificate of Local Content

<Certificate from the statutory auditor or cost auditor of the company (in case of
companies) or from a practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies) giving the percentage of local content, on their
letter head with Registration Number with seal.>

Date:
To,

Dear Sir,

RFP Ref : LIC/CO/IT-BPR/HW/Power Saving/2023-24/03 Dated 07.09.2023

1. This is to certify that proposed <product details> is having the


local content of % as defined in the above mentioned RFP.

2. This certificate is submitted in reference to the Public Procurement (Preference to Make


in India), Order 2017 including revision thereto.

We also understand, false declarations will be in breach of the code of integrity under rule
175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can be debarred for
up to two years as per Rule 151(iii) of the General Financial Rules along with such other actions as
may be permissible under law.

Signature of Statutory Auditor/Cost Auditor


Registration Number:
Seal

Counter-signed:

Bidder OEM

< Certified copy of board resolution for appointment of statutory/cost auditor should also
be enclosed with the certificate of local content.>

RFP for Power Saving Solution 2023 Page 36 of 62


Annexure-IV- Technical Bid
In the Technical bid Evaluation, a Bidder must comply with all the requirements as listed in the
table below. Bidder(s) must submit their response in yes or no only, any compliance with
qualified statement shall be treated as non-compliance.

Technical specifications of the solution which are mandatory are given below:
Sr. Mandatory Required Functionalities/ Features Compliance
No (Yes/No )
1  The power saving solution should be capable of saving power on all
versions of Windows and Linux operating systems, with minimum 20%
power savings on actual power consumption.

The product should have been certified by reputable third-party


auditing/ benchmarking institutions to save more than 20% energy.
Copy of certificate should be submitted along with the bid.
2  The energy savings reported by the proposed solution should be capable
of being independently verified and audited.
3  The power saving solution should be capable of being installed silently
on computers and should not affect day to day operation of the user.
4  The power saving solution should be able to save power on computers
that are actively running without interrupting their work and without
putting them in standby or hibernation mode.
5  The power saving solution should be designed to work in the
background, so that it does not disrupt the end user's work or cause any
problems with their computer.
6  The software solution should be capable of being managed by a central
console.
7  Group based power policy management
8  The power saving solution should be able to dynamically adjust power
savings policies based on changes in user activity and environmental
conditions.
9  Dashboard for power management health check and reporting
10 The uptime of the solution for any given period should be available in
the console
11 Solution services should be deployable in virtual servers
12 Bidder must have rights to supply and license the product
Copy of MAF from OEM should be uploaded. Wet ink signed MAF from
OEM should be submitted by the selected bidder.
13 Alert mechanism for threshold monitoring/ incident handling for
important application/ system related events for notifying over email
14 Data of number of devices serviced for a specified period should be
available in the console
15 Data of percentage savings in power should be available for individual
devices and group of devices for any specified period in the console

Name & Signature of authorised signatory:

Seal of Company:

RFP for Power Saving Solution 2023 Page 37 of 62


Annexure-V - Indicative Commercial Bid Format
The price quoted under Sr. No. 1 of the Indicative Commercial Bid should be inclusive as a single license
cost covering all the deliverables in the Scope of Work.

Name of the Bidder:

Sr. Item Licenses Rate for Total Amount in Rupees


No. per unit of (exclusive of GST)
Desktop per year
(exclusive of GST)
(a) (b) (c) (d) = (c) * 5 * 85000
1. Cost of Software Solution
as per specification inclusive of all
services defined in the scope of
work @
2. Requirements for Virtual Server # Quantity Notional Total Amount in Rupees
(e) Cost per (g)=(e)*(f)
unit
(f)
i. Number of vCPU Cores 10000
ii. RAM (in GB) 15000
iii. Storage (in GB) 20
Total Cost of Project[(d)+(g)]
The total number of desktops is considered as 85,000 only to arrive at the project cost.
@ - Operating system and database licenses, other than the following should be supplied by the vendor
and cost should be included in the commercials.
Enterprise Licenses available with LIC:
o RHEL Enterprise wide unlimited licenses
o MYSQL Enterprise wide unlimited licenses
The cost should include any other licenses which may be required during the contract period of 5 years,
and the cost of the on-site resource.
# - The Server required for deployment of the solution will be provided on LIC’s on-premise Private Cloud
on which per node physical cores are 48.
The bidder has to quote the number of vCPU cores, RAM in GB and Storage required in GB required for the
solution at Primary, DR and UAT. The notional cost of the hardware resources, as given above, will be
taken into account only to arrive at the Total Cost of Operations (TCO). Please note that no payment will
be made for Sr. No. 2 above.

RFP for Power Saving Solution 2023 Page 38 of 62


Annexure-VI- Online Tendering Guidelines
Information and Instruction to the Bidders for using ONLINE ELECTRONIC TENDERING SYSTEM (e-TS)
Special Conditions & instructions for using online Electronic Tendering System (eTS) through portal
(website) http://www.tenderwizard.com/LIC adopted by Life Insurance Corporation of India (LIC), Central
Office, Mumbai as given in the subsequent pages will over-rule the conditions stated in the Bid documents,
wherever relevant and applicable.
• Registration of the Contractors/Bidders: All the Contractors intending to participate in the Bids
floated online using Electronic Tendering System (eTS) are required to get registered on the e-
Tender Portal (website) http://www.tenderwizard.com/LIC
After successful Registration on the above mentioned portal, the bidder will get a User ID and
Password to access the website.
• Viewing of Online Tenders: The contractors/bidders can view tenders floated on online Electronic
Tendering System (eTS) hereinafter referred as “e-Tendering System” through portal (website) at
http://www.tenderwizard.com/LIC. They can view the details like Tender Notice, Terms and
Conditions, drawing (if any) and any other information. To download through, they need to login on to
the above portal and can download the tender documents of an e-Tender.
• Key Dates: The contractors/bidders can view the Online Scheduled dates of e-tendering System (time
schedule) hereinafter referred as “Key Dates” for all the tenders floated using the online electronic
tendering system on above mentioned portal (website) http://www.tenderwizard.com/LIC
The bidders are strictly advised to follow dates and time as mentioned in Key Dates of a particular
Bid/tender. The date and time will be binding on all the bidders. The bidders are required to complete
the stage within the stipulated time as per the schedule (Key Dates) to continue their participation in
the Bid/tender. All online activities are time tracked and the system enforces time locks that ensure
that no activity or transaction can take place outside the start and end dates and time of the stage as
defined.
The bidder should ensure that the status of a particular stage should be shown as “Completed” before
the expiry date and time of that particular stage and they should possess a copy of receipt of
completion of each stage to be performed from their end which should match with the status
with their offer on online portal. It will be the sole responsibility of the bidder if the status of a
particular stage is “Pending” till the expiry date and time of that stage and he is not able to proceed
further in the e-Tendering process. The Key dates are subject to change in case of any corrigendum /
amendment in schedule due to any reason stated by the Department.
Obtaining a Digital Certificate and its Usage:
• On e-Tendering System, the bids should be Encrypted and Signed electronically with aDigital Signature
Certificate (DSC) to establish the identity of the bidder on online Portal. The Digital Signature
Certificate (DSC) has two keys i.e. Public Key and Private Key. The Public Key is used to Encrypt (code)
the data and Private Key is used to decrypt (decode) the data. The Encryption means conversion of
normal text into coded language whereas decryption means conversion of coded language into
normal text. These Digital Signature Certificates (DSCs) are issued by an approved Certifying
Authority, by the Controller of Certifying Authorities (CCA India), Government of India.
• The contractors may obtain Class III digital certificate from any Certifying Authority or Sub- certifying
Authority authorized by the Controller of Certifying Authorities on the portal http://cca.gov.in. or may
obtain information and application format and documents required for issue of digital certificate from
our Service Provider for Electronic Tendering System (ETS):
E-Tender helpdesk
Antares Systems Limited, “Honganasu”, #137/3, Bangalore Mysore Road,
Address Opp. KMS Coach Builders, Kengeri, Bangalore – 560 060
email lokesh.hr@antaressystems.com

Help Desk Contact Details:

RFP for Power Saving Solution 2023 Page 39 of 62


E-mail& Mobile Numbers:
sushant.sp@antaressystems.com - +91 9731468511
lokesh.hr@antaressystems.com - +91 9686115304

• The Bid (Online Offer) for a particular e - Tender may be submitted only using the Digital Signature
Certificate (DSC), which is used to Encrypt (codified) the data and sign the Hash (Impression of your
data) during the stage of Bid Preparation and Hash submission. In case, during the process of a
particular e-Tender, the user loses his Digital Certificate (i.e. due to virus attack, hardware problem,
operating system problem), he may not be able to submit the bid online. Hence, the users are advised
to keep their Digital Signature Certificates in safe custody.
• In case of online Electronic Tendering, if the Digital Certificate issued to the authorized user ofa firm is
used for signing and submitting an online bid, it will be considered equivalent to a no-objection
certificate/power of attorney to that User. The firm has to authorize a specific individual via an
authorization certificate signed by all partners to use the Digital Certificate as per Indian
Information Technology Act 2000 and its amendments. Unless the certificates are revoked, it will be
assumed to represent adequate authority of the user to bid on behalf of agency for LIC of India,
Central Office, Mumbai as per Information Technology Act 2000 and its amendments. The Digital
Signature of this authorized user will be binding on the firm. It shall be the responsibility of
management / partners of the registered firms to inform the certifying authority or Sub Certifying
Authority; in case of change of authorized user and that a fresh digital certificate is procured and
issued an “Authorization Certificate for the new user. The procedure for application of a Digital
Certificate will remain the same for the new user.
• The same procedure holds true for the authorized users in a private/Public limited company. In this
case, the authorization certificate will have to be signed by the directors of the company.
• Bidders participating in e-tendering shall check his/ her validity of Digital Signature Certificate before
bidding in the specific work floated online at the e-Tendering Portal (website) through
http://www.tenderwizard.com/LIC.
Submission of Bid Processing fees: (When Applicable)
• Bid Processing Fee as mentioned must be deposited through online NEFT/RTGS to Account of “Life
Insurance Corporation of India”. The bank details are given in Annexure-VII. The details of the
transaction viz. scanned copy of the receipt of making transaction-UTR No and date of Transaction is
required to be uploaded on e-procurement website at the time of “final online bid submission”.
• The scanned copy of the receipt of making transaction-UTR No and date of Transaction is required to
be uploaded mandatorily during “Bid Hash Submission” stage (as per the due date mentioned in Key
Dates of e-Tender on or before the due date mentioned in Key Dates of respective e-Tender, otherwise
your Tender will not be scrutinized.
• If the tenders are cancelled or recalled on any grounds, the bid processing fees will not be refunded to
the agency.
Submission of Earnest Money Deposit: (When applicable)
• Contractors have to deposit EMD of required amount in the form of BANK GUARANTEE of any of the
Nationalized / Scheduled Banks drawn in the favour of the “Life Insurance Corporation of India”
payable at “Mumbai” only, and not in the favour of any other Authority orLocation.
• A scanned copy of Bank Guarantee against EMD should be uploaded mandatorily alongwith Bid
submission stage (as per the Key Dates mentioned in e-Tender and Tender document) and original
Bank Guarantee(B.G) should be submitted to the Executive Director, IT/BPR Department, Central
office, Jeevan Seva Annexe 2nd Floor, SV Road, Santacruz West, Mumbai - 400054 in the sealed
envelope within the time & date as mentioned in Key Dates of e-Tender, otherwise your BID will not
be evaluated/ scrutinized.

Tender Download:

RFP for Power Saving Solution 2023 Page 40 of 62


• The Eligible Bidders can download the Tender Document online from above e - Tendering Portal
http://www.tenderwizard.com/LICbefore the Tender closing date & time mentioned in the e-Tender
floated.
Submission of online bids:
(These may be clarified from M/s Antares (Tenderwizard) as required)
• The bidders are required to prepare their bids on online e-Tendering Portal as mentioned above.
During bid preparation, the bidders have to send their Public Key of DSC hence they are advised to
procure DSCs at earliest to participate in the e- Tender. They are required to upload the scan copies of
Demand Draft for Tender Document Fees and Earnest Money Deposit. Also, bidders are required to
scan and upload any other documents related to their credentials and submit wherever asked online.
The bidders have to prepare their commercial bid online during in this stage only and seal (Encrypt)
and digital sign the online bid with their Digital Signature Certificates. The Bidders should take note of
any corrigendum being issued on the web portal on a regular basis. They should view and note down
or take a printout the Bid Hash submitted and ensure that it matches during “Re- Encryption of Bids”
stage. The bidders will not be able to change their technical details and offer (rates) after expiry of due
date and time on online portal.
• Generation of Super Hash: After the time of submission of Bid Seal (Hash) by the Contractors/Bidders
has lapsed, the bid round will be closed and a "Digitally signed tender Super-Hash" will be generated
by concerned LIC Department official. This is equivalent to sealing the tender box.
• Re-Encryption of Bids: Once the Generation of Super Hash stage is completed the Contractors/bidders
have to decrypt their bids as they are in encrypted mode by their DSC and re-encrypt with Department
user’s Public Key which will be included in the e-Tender. During this process they need use their DSC
for decryption of Bids and signing of Bid Hash once again for security. The electronic bids of only those
Contractors/bidders who have submitted their bid seals (hashes) within the stipulated time, as per the
tender time schedule (Key Dates), will be accepted by the system. A Contractor who does not submit
his bid seal (hash) within the stipulated time will not be allowed to submit his bid (Re-Encryption). This
stage could be considered as transfer of control to LIC Department user.
• Pre-bid discussion with all applicants as per key dates to clarify doubts of potential bidders in respect
of this RFP. Any prospective bidder may, in writing seek clarification in respect of the bidding
documents, However, last date of submitting clarification request shall be 2 (two) days before the
schedule Pre-bid meeting
Opening of Tender (Electronic offers):
a. Eligibility and Technical Bid shall be opened on the mentioned dates.
b. The date of opening of the Indicative Commercial Bid shall be intimated to the Eligible Bidders.

RFP for Power Saving Solution 2023 Page 41 of 62


Annexure-VII- LIC Bank Account Details
For Bid Processing Fees:

Bank Name UNION BANK OF INDIA [ERSTWHILE


COPRORATION BANK]
Bank Address UNIT 4C, GROUND FLOOR, MITTAL COURT
PREMISE, OPPOSITE OF VIDHAN BHAVAN,
NARIMAN POINT-MUMBAI.
Title of BankAccount Life Insurance Corporation of India
Type of BankAccount Current
Bank AccountNumber 510101006085031
IFSC UBIN0902217

For Bank Guarantee:

Bank Name Kotak Mahindra Bank


Bank Address 5 C/II, Ground Floor, Mittal Court, 224,
Nariman Point, Mumbai - 400021
Title of Bank Life Insurance Corporation of India
Account
Type of Bank Current
Account
Bank Account 7311115782
Number
IFSC KKBK0000958
MICR Code 400485002

RFP for Power Saving Solution 2023 Page 42 of 62


Annexure-VIII- Non-Disclosure Agreement
<To be submitted by only the selected bidder>
(To be executed over Rs.500 Stamp/Franked paper & notarized) (No deviations in wordings
permitted)

This Non-disclosure Agreement (“NDA”) is made and entered into this day of
in the year BY AND BETWEEN
Life Insurance Corporation of India, with registered office at Central Office, ‘Yogakshema’, J B
Marg,Mumbai 400 021, hereinafter referred to as “LIC”
AND
<Company Name> a company incorporated under the laws of Indian Companies Act, 1956 and
having its principal place of business at
< Company Name & Address> shall be referred to herein as a “Respondent”.
LIC and the Respondent shall individually be referred to as “Party” and collectively referred to as
“Parties”.
WHEREAS,
the Respondent is aware that while responding to LIC’s RFP for Supply, Implementation and
Maintenance of Power Saving Solution for Desktops [Ref: LIC/CO/IT-BPR/HW/Power Saving/2023-
24/03 Dated 07.09.2023], the Respondent may be gathering information on LIC’s Business/ Operations,
certain proprietary information such as Technically and commercially detailed information regarding the
respective products & service offerings, Organization, decision processes, technical infrastructure,
working processes and delegation of responsibilities, project management and planning methods,
reports, plans and status including but not limited to technical manuals, specifications, product features,
customer list, specializations, documents, financial statements and business/ development plans etc.,
(“Proprietary Information”) indicated as confidential by LIC and made available to the Respondent while
responding to the RFP, is privileged and strictly confidential to and / or proprietary of LIC.
WHEREAS, Respondent agrees to receive the Proprietary Information or other information from LIC and
treat all such information as confidential information and to safeguard LIC’s confidential information,
property, information systems, network, databases and other data.
NOW, THEREFORE, in consideration of the recitals set forth above and the covenants set forth herein, the
Respondent agrees that:
Respondent agrees to hold all Confidential Information received from LIC in confidence. Respondent will
use such Confidential Information only for the purpose of developing the Response to the said RFP;
restrict disclosure of such Confidential Information to its employees and employees of its affiliated or
partner companies with a need to know and inform such employees of the obligations assumed herein.
Respondent will not disclose such Confidential Information to any third party without the prior written
approval of LIC.
The Confidential Information means information which may be in any form including but not limited to
oral, written or printed information or Information in electronic form, data, studies, consultants reports,
trade secrets, proformas and other financial and trade/commercial information, computer models and
programs, contracts, plant designs and configurations, plant performance data or other material of any
kind or nature in whatever form. Wherever, information is given orally, within 48 hours, the receiving
party should receive the information in writing along with the confidentiality statement from the other
party. It may be noted that all the information shared as a part of said RFP in the form of project
documents, discussions on system architecture, date shared for the sole purpose of evaluating and
finalizing the system configuration onsite shall be the sole property of LIC and shall be treated with the
same degree of confidentiality as that of the respondent. Respondent will ensure that no breach of
confidentiality occurs at its own Formatted: Font: (Default) +Body, Complex Script Font: +Body RFP for
Power Saving Solution 2023 Page 45 of 66 premises as well as during and after the onsite engagement as
a part of this project engagement.
RFP for Power Saving Solution 2023 Page 43 of 62
Without the prior written consent of LIC or except as otherwise provided herein, the Respondent will
not:
 Distribute or disclose to any other person any of the Confidential Information;
 Permit any other person to have access to the Confidential Information;
Use the Confidential Information for any purpose other than the Permitted Use; or disclose to any other
person:

That discussions, investigations or negotiations are taking place concerning a possible transaction
between the Parties, or the terms, conditions, status or other facts regarding a possible transaction
between the Parties, or that Respondent has received Confidential Information from LIC.
Notwithstanding the above, Respondent may disclose the Confidential Information, and portions thereof
to its directors, officers, employees and representatives of its advisors (collectively, "Representatives")
who need to know such Confidential Information for the purpose of evaluating a possible transaction
between the Parties. It is understood that the Respondent will inform their respective Representatives of
the confidential nature of the Confidential Information and will require its Representatives to be bound
by this Agreement and not to disclose the Confidential Information to any other person.
Without the written consent of LIC the Respondent or any of his consortium partners should not make
public announcements/comments on any website/or issues any media statements about the LIC, RFP or
RFP process.
The Respondent agrees to be responsible for any breach of this Agreement by its Representatives.
Respondent agrees to protect the Confidential Information received from LIC with the same degree of
care as it normally exercises to protect its own proprietary information of a similar nature. Respondent
agrees to promptly inform LIC of any unauthorized disclosure of LIC’s Confidential Information.
The Respondent shall ensure that in no case its employees or representative uses any USB or
connectivity device in the hardware systems of LIC without permission from LIC.
The Respondent shall ensure that their employees will not disclose any information of LIC even after they
cease to be the employees of the Respondent. The Respondent shall ensure this by its own internal
agreements.
Confidential Information does not include information that Respondent can reasonably prove, falls within
any of the following:
Information that either is legally in either party’s possession or publicly available to either party prior to
the disclosure of such information hereunder;
Information that, subsequent to its disclosure hereunder, becomes publicly available to either party
without any violation of this Agreement by either party;
Information that becomes legally available to either party on a non-confidential basis from any third
party, the disclosure of which to either party does not, to either party’s knowledge, violate any
contractual or legal obligation such third party has to either party with respect to such information;
Information that is independently acquired or developed by either party which can be evidenced by
written records; or information that is explicitly approved for release by written authorization of LIC.
In the event that Respondent is required by law in any judicial or governmental proceeding to disclose
any Confidential Information, the Respondent will give LIC prompt written notice of such request so that
LIC may seek a protective order or appropriate remedy. If, in the absence of a protective order,
Respondent determines, upon the advice of counsel, that it is required to disclose such Confidential
Information, it may disclose such Confidential Information only to the extent compelled to do so;
provided, however, that the Respondent gives LIC written notice of the portion of Confidential
Information to be disclosed as far in advance of the disclosure as is practicable and uses its best efforts,
at its own expense, to obtain assurances that confidential treatment will be accorded to such
Confidential Information.
No license expressed or implied in the Confidential Information is granted to Respondent other than to
RFP for Power Saving Solution 2023 Page 44 of 62
use the information in the manner as is permitted in RFP or by LIC.
Respondent agree that Confidential Information is and shall at all times remain the property of LIC.
Respondent acknowledge that the Confidential Information is confidential and material to the interests,
business and affairs of LIC and that the disclosure thereof (other than as permitted
under this Agreement) would be detrimental to the interests, business and affairs of LIC. No use of such
Confidential Information is permitted except as otherwise provided herein and no grant under any
of the party’s intellectual property rights is hereby given or intended, including any license (implied or
otherwise). All information shall remain the property of LIC and shall be returned upon written request
or upon the Respondent’s determination that it no longer has a need for such information. Use of such
property or licenses without the permission of LIC is strictly prohibited and the respondent will ensure
that any of its employee or representative does not violate this condition, and even in the case when
they cease to have any relationship with respondent.
No license to the Respondent, under any trade secret or any other intellectual property right, is either
granted or implied by the disclosure of information to the Respondent. None of the information which
may be disclosed or exchanged by LIC shall constitute any representation, warranty, assurance,
guarantee, or inducement by Respondent to LIC of any kind, and in particular, with respect to the non-
infringement of trademarks, patents, copyrights, mask work rights, or any other intellectual property
rights, or other rights of third persons or of LIC.
There are no warranties expressed or implied by this Agreement. Without limiting the foregoing,
neither LIC makes any representations nor extend any warranties, express or implied, as to the
adequacy or accuracy of Confidential Proprietary Information or any other information or data related
thereto, or with respect to the use thereof by Respondent.
Neither this NDA nor the disclosure or receipt of information from LIC to the Respondent, shall
constitute or imply any promise or intention to pursue any business opportunity described in the
Confidential Information or make any purchase of products or services by LIC or its affiliated companies
or any commitment by LIC or its affiliated companies with respect to the present or future transaction
between the parties.
Respondent shall not modify or erase the logos, trademarks etc., of LIC or any third party present on the
Confidential Information. The Respondent shall not use or display the logos, trademarks etc., of LIC in
any advertisement, press etc., without the prior written consent of LIC.
Upon the request of LIC, the Respondent, will within 7 days of receipt of such request, return or destroy
all Confidential Information and any notes, correspondence, analyses, documents or other records
containing Confidential Information, including all copies thereof, then in the possession of Respondent
or its Representatives and shall certify the fact of having destroyed the Confidential Information in
writing to LIC. Such return, however, does not abrogate the continuing obligations of Respondent under
this Agreement.
Respondent agree and acknowledge that monetary damages would not be a sufficient remedy for a
breach of this Agreement and that LIC shall be entitled to specific performance or any other injunctive
relief as a remedy in equity for any such breach of this Agreement. Any remedy shall not be deemed to
be exclusive or all-inclusive and shall be in addition to any and all other remedies which may be
available to LIC in law or equity.
Confidential Information provided to the Respondent does not and is not intended to represent an
inducement by LIC or a commitment by LIC to enter into any business relationship with the Respondent
or with any other entity. If the parties desire to pursue business opportunities, the parties will execute a
separate written agreement to govern such business relationship.
The Respondent agree that during the existence of the term of this NDA and for a period of one year
thereafter, the respondent shall not solicit directly or indirectly the employees of LIC.
Respondent agree that all of its obligations undertaken herein as the Respondent shall survive and
continue for the period of the existence of this NDA and a period of three years thereafter regardless of
any prior termination of this NDA.

RFP for Power Saving Solution 2023 Page 45 of 62


This NDA constitutes the entire understanding between the Parties hereto as to the information and
merges all prior discussions between them relating thereto. No amendment or modification of this NDA
shall be valid or binding on the Parties unless made in writing and signed on behalf of each of the
Parties by their respective authorized officers or representatives.
The Respondent understand and agree that no failure or delay by LIC in exercising any right, power or
privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof
preclude any other or further exercise thereof or the exercise of any right, power or privilege
hereunder.
The Respondent herein agree and undertake to indemnify and hold LIC harmless from any loss, damage,
claims, liabilities, charges, costs, or expense (including reasonable attorneys’ fees), that may arise or be
caused or result from or be paid/incurred/suffered or caused to be paid/incurred/ suffered by reason of
any breach, failure, delay, impropriety or irregularity on its part to honour, observe, adhere to, abide by
or comply with any of the terms and conditions of this Agreement This Agreement shall be governed
and construed in accordance with the laws of India
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and
effect.
Respondent agree not to assign this Agreement or any interest herein without express prior written
consent of LIC.
Nothing in this agreement and no action taken by the Respondent pursuant to this agreement shall
constitute, or be deemed to constitute, a partnership, association, joint venture or other co- operative
entity or arrangement. This Agreement is entered into by the Parties on a Principal-to- Principal basis
and no other meaning can be assigned in interpreting any of the terms contained herein.
Any dispute or claim arising out of or in connection herewith, or the breach, termination or invalidity
thereof, shall be settled by arbitration in accordance with the provisions of Procedure of the Indian
Arbitration & Conciliation Act, 1996. The arbitration tribunal shall be composed of a sole arbitrator, and
the Parties shall appoint such arbitrator with mutual consent. The place of arbitration shall be Mumbai,
India and the arbitration proceedings shall take place in the English language.
IN WITNESS WHEREOF, the Respondent has caused this Agreement to be executed as of the date set
forth above.
For and on behalf of
<Respondent Company>
<Address of Respondent> Authorized Signatory:
Name:

Designation:

Office Seal:

RFP for Power Saving Solution 2023 Page 46 of 62


Annexure-IX- Format for Performance Bank Guarantee (PBG)

This Deed of Guarantee executed by <Bank name>(hereinafter referred to as “the Bank”) in favour of
Life Insurance Corporation of India, having its Central office at “Yogakshema”, Jeevan Bima Marg,
Mumbai – 400021 (hereinafter referred to as “LIC”) for an amount not exceeding Rs. (Rupees
only) at the request of <Supplier’s Name &Address> (hereinafter referred to as “Supplier”)
Therefore, we hereby affirm that we Guarantee and are responsible to you on behalf of the Supplier,
upto a total amount of Rs. (Rupees________________________________only) and we undertake to
pay you, upon your first written demand, without cavil or argument, any sum or sums as specified by
you within the limit of Rs. (Rupees only).
LIC need not prove or show grounds or reasons for the demand of a part or the full amount of
guarantee.
This Bank Guarantee will be valid for a period up to <for a period of 75 months, including claim period
of twelve months from the date of submission>.
The Bank hereby covenants and declares that the guarantee hereby given is an irrevocable one and
shall not be revoked by a Notice or otherwise.
This Guarantee shall not be affected by any change in the Constitution of the Bank or the Supplier.
We hereby confirm that we have the powers to issue this guarantee in your favor under the
Constitution and business procedure of the Bank and the undersigned is/are the recipient of authority
by express delegation of powers and has/have full powers to execute this performance bank guarantee

Dated at__________ this____day of ____________ 2023.

Sealed & Signed by the Bank

RFP for Power Saving Solution 2023 Page 47 of 62


Annexure-X- Service Level Agreement
i. The vendor will have to guarantee a minimum uptime of 99% calculated on a quarterly
basis. Application availability should be 99% on 24x7x365.
ii. The power saving should be greater than 20% in any desktop calculated during the
quarter under consideration.
1. Penalties for down time of Solution

S. Uptime Range Penalty


No.
1. >=98% and < 99% 2% of the quarterly bill
2. >=97% and <98% 5% of the quarterly bill
3. <97% 10% of the quarterly bill
The uptime percentage would be calculated on a quarterly basis and the calculated amount
would be adjusted from the payment for that quarter. The SLA charges will be subject to an
overall cap of 10% of the quarterly bill and thereafter, LIC has the discretion to cancel the
contract. If the vendor materially fails to meet an uptime of 97% for three consecutive quarters,
LIC may have the right to terminate the contract. In case if there are no pending invoices to be
paid by LIC to the vendor, the vendor has to submit a pay order/ cheque payable at Mumbai in
favour of Life Insurance Corporation of India for the same within 15 days from the notice period
from LIC . LIC reserves the right to recover the penalty due amount from the performance bank
guarantee also.
2. Penalties for non-achievement of required power savings
In case software solution is unable to save the desired power savings above 20% on any
particular PC/ desktop in a quarter, no license or subscription fee will be paid for
those desktops.
This penalty is not applicable under the following conditions

i ) During the base lining period and up to four weeks after the application of power
policy
ii ) For up to four weeks after the installation of the agent on a new machine or OS
reinstallation or software agent installation
3. Penalties for absence of on-site Engineer
Penalty for absence per day will be Rs.2000.

RFP for Power Saving Solution 2023 Page 48 of 62


Annexure-XI- PRE CONTRACT INTEGRITY PACT

(To be submitted on a stamp paper of Rs. 500/- by the Bidders and each page to be signed by
authorized signatory)

General:
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on the ………. day of the
month of …………………. 2023 between, on one hand, the Life Insurance Corporation of India (hereinafter
referred to as “LIC”) a statutory Corporation established under section 3 of Life Insurance Corporation Act
1956 (31 of 1956) and having its Central office at “Yogakshema” Jeevan Bima Marg Mumbai 400021
(hereinafter called the “Buyer” which expression shall mean and include, unless the context otherwise
requires, his successors in office assigns) of the first part And M/s
……………………………………………………………………… represented by Shri ……………………………………………….
(hereinafter called the “Bidder/ Seller” which expression shall mean and include, unless the context
otherwise requires, his successors and permitted assigns) of the Second part.
WHEREAS the Buyer proposes to procure Power saving solution for desktops and the Bidder/ Seller is willing
to offer/ has offered the stores/ services and
WHEREAS the Bidder is a private company/ public company/ Government undertaking/ partnership/
registered export agency, constituted in accordance with the relevant law in the matter and the Buyer is
performing its function under the LIC Act 1956.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/
prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a
view to:-
Enabling the Buyer to obtain the desired said stores/ equipment/ item/ services at a competition price in
conformity with the defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement, and
Enabling Bidders to abstain from bribing or indulging in any corrupt practice in order to secure the contract
by providing assurance to them that their competitors will also abstain from bribing and other corrupt
practices and the Buyer will commit to prevent corruption, in any form, by its officials by following
transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:-
1. Commitments of the Buyer
1.1 The Buyer undertakes that no official of the Buyer, connected directly or indirectly with the contract, will
demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift,
reward, favour or any material or immaterial benefit or any other advantage from the Bidder, either
themselves or for any person, organisation or third party related to the contract in exchange for an
advantage in the bidding process, bid evaluation, contracting on implementation process related to the
contract.
1.2 The Buyer will, during the pre-contract stage, treat all Bidders alike and will provide to all Bidders the
same information and will not provide any such information to any particular Bidder which could afford
an advantage to that particular Bidder in comparison to other Bidders.
1.3 All the officials of the Buyer will report to the “Chief Vigilance Officer” of the Buyer any attempted or
completed breaches of the above commitments as well as any substantial suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the
Buyer with full and verifiable facts and the same is prima facie found to be correct by the Buyer, necessary
RFP for Power Saving Solution 2023 Page 49 of 62
disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be
initiated by the Buyer and such a person shall be debarred from further dealings related to the contract
process. In such a case while an enquiry is being conducted by the Buyer the proceedings under the
contract would not be stalled.
3. Commitments of Bidders
The Bidder commits itself to take all measures necessary to prevent corrupt practices, unfair means and
illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to
secure the contract or in furtherance to secure it and in particular commit itself to the following:-
3.1 The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour,
any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any
official of the Buyer, connected directly or indirectly with the bidding process, or to any person,
organization or third party related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.
3.2 The Bidder further undertakes that it has not given, offered or promised to give, directly or indirectly any
bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the Buyer or otherwise in procuring the
Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract
of any other contract with the government for showing or forbearing to show favour or disfavor to any
person in relation to the contract of any other contract with the Government.
3.3 Foreign Bidders shall disclose the name and address of their Indian agents and representatives in India, and
Indian Bidders shall disclose their foreign Buyers or associates.
3.4 Bidders shall disclose the payments to be made by them to their agents/brokers or any other intermediary,
in connection with this bid/contract.
3.5 The Bidder further confirms and declares to the Buyer that the Bidder is the original manufacturer/
integrator/ authorized agent of the stores/ equipment/ items and has not engaged any individual or firm or
company whether Indian or foreign to intercede, facilitate or in any way to recommend to the Buyer or any
of its functionaries, whether officially or unofficially to the award of the contract to the Bidder, nor has any
amount been paid, promised or intended to be paid to any such individual, firm or company in respect of
any such intercession, facilitation or recommendation.
3.6 The Bidder, either while presenting the bid or during pre-contract negotiations or before signing the
contract, shall disclose any payments he has made, is committed to or intends to make to agents, brokers
or any other intermediaries, including officials of the Buyer or their family members, if any, in connection
with the contract and the details of services agreed upon for such payments.
3.7 The Bidder will not enter with other Bidders into any undisclosed agreement or understanding, whether
formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission of bids or any other actions to restrict competitiveness or to introduce
cartelisation in the bidding process.
3.8 The Bidder will not accept any advantage in exchange for any corrupt practice, unfair means and illegal
activities.
3.9 The Bidder/Contractor will not commit any offence under the relevant India Penal Code (IPC) /Provision of
corruption (PC) act. Further, the Bidder will not use improperly, for purposes of competition or personal
gain, pass on to others, any information provided by the Buyer as part of the business relationship,
regarding plans, technical proposals and business details, including information contained in any electronic
data carrier. The Bidder also undertakes to exercise due and adequate care lest any such information is
divulged.
3.10 The Bidder commits to refrain from giving any complaint directly or through any other manner without
supporting it with full and verifiable facts.
3.11 The Bidder shall not instigate or cause to instigate any third person to commit any of the actions
mentioned above.

RFP for Power Saving Solution 2023 Page 50 of 62


3.12 If the Bidder or any of the key personnel of the Bidder, actively involved in the project is a relative of any of
the actively involved personnel of the Buyer, the same should be disclosed.
The term ‘relative’ for this purpose would be as defined in section 2(77) of the Companies Act, 2013.
3.13 The Bidder shall not lend to or borrow any money from or enter into any monetary dealings or
transactions, directly or indirectly, with any employee or the Buyer.
3.14 The Bidder(s)/ Contractor(s) who have signed the Integrity Pact shall not approach the Courts while
representing the matter to IEMs and shall wait for their decision in the matter.
4. Previous Transgression
4.1 The Bidder declares that no previous transgression occurred in the last three years immediately before
signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices
envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India
that could justify the Bidder’s exclusion from the tender process.
4.2 The Bidder agrees that if it makes an incorrect statement on this subject, or committed a transgression
through a violation of any of the clauses of the commitments of Bidder, Bidder can be disqualified from the
tender process or the contract, if already awarded, can be terminated for such reason.
5. Sanctions for Violations:
5.1 Any breach of the aforesaid provisions by the Bidder or any one employed by it or acting on its behalf
(whether with or without the knowledge of the Bidder) shall entitle the Buyer to take all or any one of the
following actions, wherever required:-
(i) To immediately call off the pre contract negotiations without assigning any reason or giving any;
compensation to the Bidder. However, the proceedings with the other Bidder(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/ Performance Bond (after
the contract is signed) shall stand forfeited either fully or partially, as decided by the Buyer and the
Buyer shall not be required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any compensation to the Bidder.
(iv) To encash the advance bank guarantee and performance bond/ warranty bond, if furnished by the
Bidder, in order to recover the payments, already made by the Buyer, along with interest.
(v) To cancel all or any other contracts with the Bidder. The Bidder shall be liable to pay compensation for
any loss or damage to the Buyer resulting from such cancellation/ recession and the Buyer shall be
entitled to deduct the amount so payable from the money(s) due to the Bidder.
(vi) To debar the Bidder from participating in the future bidding processes of LIC for a minimum period of
five years which any be further extended at the discretion of the Buyer.
(vii) To recover all sums paid in violation of this Pact by Bidder(s) to any middleman or agent or broker with
a view to securing the contract.
(viii) Forfeiture of Performance Bond in case of a decision by the Buyer to forfeit the same without
assigning any reason for imposing sanction for violation of this pact.
5.2 The Buyer will be entitled to take all or any of the actions mentioned at para 5.1(i) to (viii) of this pact also
on the Commission by the Bidder or any one employed by it or acting on its behalf (whether with or
without the knowledge of the Bidder), of an offence as defined in chapter IX of the Indian Penal Code, 1860
or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.
5.3 The decision of the Buyer to the effect that a breach of the provisions of this pact has been committed by
the Bidder shall be final and conclusive on the Bidder. However, the Bidder can approach the Independent
Monitor(s) appointed for the purposes this Pact.
Fall Clause:
The Bidder undertakes that it has not supplied/is not supplying similar product/systems/items or
subsystems having same scope of work, payment terms and all other applicable terms and conditions,at a
price lower than that offered in the present bid in respect of any other Ministry/Department of the
RFP for Power Saving Solution 2023 Page 51 of 62
Government of India or PSU and if it is found at any stage of Bidding process that similar product/systems
or sub systems/items was supplied by the Bidder to any other Ministry/Department of the Government of
India or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable
to the present case and the difference in the cost would be refunded by the Bidder to the Buyer, if the
contract has already been concluded
6. Independent Monitors:
6.1 The Buyer has appointed (hereinafter referred to as Monitors) for this Pact in consultation with the
Central Vigilance Commission.
Name addresses of the Monitors:
1. Shri Rajni Kant Mishra, IPS (Retd.)
Ex Director General in BSF
B-1801, Amrapali Sapphire, Sector 45,
NOIDA, Uttar Pradesh - 201303
Email address: rkm592002@yahoo.co.in & rkmishra84@gmail.com
Mobile No. – (+91) 97173-28500

2. Shri Arun Chandra Verma, IPS (Retd.)


Flat No. C – 1204, Amrapali Platinum Complex,
Sector - 119, NOIDA, Uttar Pradesh
Email address: acverma1@gmail.com
Mobile No. – (+91) 8130386387

6.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent
the parties comply with the obligations under this Pact.
6.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their
functions neutrally and independently. It will be obligatory for him to treat the information &
documents of the Bidder as confidential.
6.4 Both the parties accept that the Monitors have the right to access all the documents relating to the
project/ procurement, including minutes of meetings.
6.5 As soon as the Monitor notices, or has reason to believe, a violation of this pact, he will so inform the
Executive Director (OS), LIC.
6.6 The Bidder(s) accepts that the Monitor has the right to access without restriction to all Project
documentation of the Buyer including that provided by the Bidder. The Bidder will also grant the
Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access
to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under
contractual obligation to treat the information and documents of the Bidder/Subcontractor(s) with
confidentiality.
The Monitor has also signed declarations on ‘Non-Disclosure of Confidential Information’ and of ‘Absence of
Conflict of Interest’. In case of any conflict of interest arising at a later date, the IEM shall inform Chairperson,
LICI and recuse himself / herself from that case.
6.7 The Buyer will provide to the Monitor sufficient information about all meetings among the parties related
to the Project provided such meetings could have an impact on the contractual relations between the
parties. The parties will offer to the Monitor the option to participate in such meetings.
6.8 The Monitor will submit a written report to the Chairperson, LIC within 8 to 10 weeks from the date of
reference or intimation to him by the Buyer/ Bidder and, should the occasion arise, submit proposals for
correcting problematic situations.
6.9 If the Monitor has reported to the Chairperson, LIC, a substantiated suspicion of an offence under
relevant IPC/ PC Act, and the Chairperson LICI has not, within the reasonable time taken visible action to
proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit
this information directly to the Central Vigilance Commissioner.
RFP for Power Saving Solution 2023 Page 52 of 62
8. Facilitation of Investigation:
In case of any allegation of violation of any provisions of this pact or payment of commission, the Buyer or its
agencies shall be entitled to examine all the documents including the Books of Accounts of the Bidder. The
Bidder shall provide necessary information and documents in English and shall extend all possible help of the
purpose of such examination/ inspection.
9. Law and Place of Jurisdiction:
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the Buyer.
10. Other Legal Actions:
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in
accordance with the provisions of the extent law in force relating to any civil or criminal proceedings.
If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or
consortium members.
Changes and supplements as well as termination notices need to be made in writing.
11 Validity:
11.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 12 months after the
last payment under the contract. In case Bidder is unsuccessful, this Integrity Pact shall expire after six
months from the date of the signing of the contract.
11.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this pact shall
remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
12. The parties hereby sign this Integrity Pact at ……………………………………. on ………………………………………………...

BUYER BIDDER

Name of the Officer: CEO/Principal Officer/Director:

Designation:

Department:

Witness Witness

1. 1.

2. 2.

RFP for Power Saving Solution 2023 Page 53 of 62


Annexure-XII- Manufacturer Authorization form
<*To be submitted on Company (OEM)’s letterhead)>

To,
The Executive Director (IT/BPR),
Central Office,
Life Insurance Corporation of India,
“Yogakshema”, Jeevan Bima Marg,
Nariman Point, Mumbai – 400021

Dear Sir/Madam,
Manufacturer’s Authorization Form (MAF)

We, M/s__________________________________________ who are established and reputed OEM of


_______________________having office at ___________________________do hereby authorize
M/s_____________________________ (Name and address of bidder) to offer their quotation, negotiate
and conclude the contract with you against the above invitation for the Bid. We hereby extend our
commitment/ standard guarantee and comprehensive warranty as per terms and conditions of the above
referred RFP and the contract for our solution quoted/ services offered against this RFP with
_______________________. We also extend our back to back service support and assurance as per terms
and conditions of the RFP to the bidder M/s________________________for a period up to 31st December
2028.

Dated at ______________ this ________ day of _____________2023.

Signature of the Company Secretary


Signature Name:
Designation:
Name & Address of the company:
Seal of the Company

RFP for Power Saving Solution 2023 Page 54 of 62


Annexure- XIII- Format for Bank Guarantee/EMD

This Deed of Guarantee executed by the __________________ (Bank name) (hereinafter referred to as
“the Bank”) in favour of Life Insurance Corporation of India, having its Central office at “Yogakshema”,
Jeevan Bima Marg, Mumbai – 400021 (hereinafter referred to as “LIC”) for an amount not exceeding
Rs.____________(Rupees ___________________________ only) at the request of (Supplier’s Name &
Address)________________________________________________ (hereinafter referred to as the
“Supplier”).
Therefore, we hereby affirm that we Guarantee and are responsible to you on behalf of the Supplier, upto
a total amount of Rs.__________ (Rupees ________________________ only) and we undertake to pay
you, upon your first written demand, without cavil or argument, any sum or sums as specified by you
within the limit of Rs. ____________ (Rupees_________________________ only).
Whereas incorporated under companies act having its registered office at___________ is participating in
RFP………… for …………………….. is submitting this guarantee under the terms & conditions of the said RFP.

LIC need not prove or show grounds or reasons for the demand of a part or the full amount of guarantee.
This Bank Guarantee will be valid for a period up to _____________ (for a period of 5 months from the
date of submission) The Bank hereby covenants and declares that the guarantee hereby given is an
unconditional ,irrevocable one and shall not be revoked by a Notice or otherwise.
This Guarantee shall not be affected by any change in the Constitution of the Bank or the Supplier.

We hereby confirm that we have the powers to issue this guarantee in your favour under the Constitution
and business procedure of the bank and the undersigned is/are the recipient of authority by express
delegation of powers and has/have full powers to execute this performance bank guarantee.

Dated at________ this_________ day of __________ 2023.

Sealed and Signed by the Bank

RFP for Power Saving Solution 2023 Page 55 of 62


Annexure-XIV: Declaration pertaining to Land Border clause
(This letter should be on the letterheads of the Bidder duly signed by the authorized signatories of the
bidder and the OEM )

To,
The Executive Director (IT/BPR)
Life Insurance Corporation of India
Jeevan Seva Annexe 2nd floor,
SV Road, Santacruz West,
Mumbai - 400054

Subject: RFP for Supply, Implementation and Maintenance of Power Saving Solution for Desktops [RFP Ref:
LIC/CO/IT-BPR/HW/Power Saving/2023-24/03 Dated 07.09.2023]

Dear Sir/Madam,

I have read Office Memorandum F.No.6/18/2019-PPD dated 23.07.2020 issued by the Ministry of Finance,
Department of Expenditure, Public Procurement Division inserting Rule 144 (xi) in GFRs 2017 which defines
clauses regarding restrictions or procurement from a bidder of a country which shares a land border with
India. I certify that this bidder/OEM is not from such a country or, if from such a country, has been
registered with the competent authority; I certify that this bidder fulfils all requirements in this regard and
is eligible to be considered for this RFP. [Where applicable, evidence of valid registration by the competent
authority shall be attached.]”

Dated at________ this_________ day of __________ 2023.

Authorized Signatory of the Bidder

Name:
Place:
Designation:
Date:

Authorized Signatory of the OEM

Name:
Place:
Designation:
Date:

RFP for Power Saving Solution 2023 Page 56 of 62


Annexure-XV - Business Rules, terms & conditions of Online Reverse Auction
Reverse Auction Terms and Conditions
A. Introduction:
Consequent to the release of RFP for Supply, Implementation and Maintenance of Power Saving Solution
for Desktops [Ref: LIC/CO/IT-BPR/HW/Power Saving/2023-24/03 Dated 07.09.2023] and the evaluation
of the Eligibility and Technical Criteria of the bidders and opening of Commercial Bids of eligible bidders,
Online Reverse Auction will be carried out among the Bidders who are found eligible for ORA, by providing
opportunity to the Bidders to quote the price dynamically for the said RFP.

Online Reverse Auction Price Basis:


Pricing basis shall be as per RFP Ref: LIC/CO/IT-BPR/HW/Power Saving/2023-24/03 Dated 07.09.2023].
The objective of the ORA is to derive the lowest price, i.e. the Total Cost of Ownership (TCO) for Request
for Proposal for Supply, Implementation and Maintenance of Power Saving Solution for Desktops.
B. Definitions:
1) “LIC” means Life Insurance Corporation of India.
2) “Service Provider” means the third party, Antares Systems Limited. which has been selected by the
Life Insurance Corporation of India for conducting the Online Reverse Auction.
3) “Bidder” means the eligible bidder participating in the Online Reverse Auction.
4) “L1” means the Bidder who has quoted prices with lowest TCO in the Online Reverse Auction
process.
5) “L2” means the Bidder who has quoted prices with second lowest TCO in the Online Reverse Auction
process.
6) “L3” means the Bidder who has quoted prices with second lowest TCO in the Online Reverse Auction
process.
7) “Current Lowest Bid” means the bid of L1 bidder at a particular time.

C. Eligibility of Bidders to participate in Online Reverse Auction:


1) Bidders, who have qualified as per the Terms and Conditions of the RFP and accept the Business
Rules, Terms and Conditions of the Online Reverse Auction and submit an undertaking, can only
participate in Online Reverse Auction. Bidders not submitting the undertaking or submitting with
deviations/ amendments thereto will be disqualified from further evaluation/ participation in the
process of this procurement.
2) Bidders should ensure that they have valid class 2 or class 3 Digital Certificate well in advance, to
participate in the Online Reverse Auction. LIC and/ or Service Provider will not be responsible in case
any bidder could not participate in the Online Reverse Auction due to non-availability of valid digital
certificate.

D. Bidding Currency:
Bidding will be conducted in Indian Rupees (INR). All bidders are required to quote the Total price only.

E. Base Price and Decrement Bid Value:


1. Opening Base Price for Online Reverse Auction will be available to the bidders on their bidding screen at the
start of the Reverse Auction.
2. The bidders must start with an amount equal to or lower than the Opening Base Price. Any subsequent bid
modification should be allowed only when the quoted price is lower than the earlier one quoted by the
respective bidder.

RFP for Power Saving Solution 2023 Page 57 of 62


3. The minimum bid decrement shall be available to the Bidders at the start of the auction. The bidder can bid
lower than the last bid amount a decrement, which shall either be the minimum allowed bid decrement/
multiple of the minimum bid decrement resulting in a bid which is lower than the current lowest bid.
F. Conduct of Online Reverse Auction event:
1. Online Reverse Auction will be conducted on a specific web portal meant for this purpose with the
help of the Service Provider identified by LIC.
2. Service Provider will make all necessary arrangement for fair and transparent conduct of Online
Reverse Auction like hosting the web portal, imparting training to eligible Bidders, etc., and finally
conduct of Online Reverse Auction.
3. Bidders will be participating in Online Reverse Auction event from their own office/ place of their
choice. Internet connectivity and other paraphernalia shall have to be ensured by the bidders
themselves.
4. Bidders are advised to make all the necessary arrangements/ alternatives such as back–up power
supply, etc. so that they are able to circumvent any untoward situation and still be able to participate
in the Online Reverse Auction successfully. However, the bidders are requested to not wait till the
last moment to quote their bids to avoid problems. Failure of internet connection, power at the
premises of bidders during the Online Reverse Auction cannot be the cause for not participating in
the Online Reverse Auction. On account of this, the time for the auction shall not be extended and
LIC is not responsible for such eventualities.
5. LIC and/ or Service Provider will not have any liability to the bidders for any interruption or delay in
access to the site of Online Reverse Auction, irrespective of the cause.
6. For making the process of Online Reverse Auction and its result legally binding on the participating
Bidders, the Service Provider will enter into an agreement with each eligible Bidder, before the start
of the Online Reverse Auction event. Without this, Bidder will not be eligible to participate in the
event..
7. Bidders’ name will be masked in the Online Reverse Auction screen and will be given random dummy
names by the Service Provider.
8. Bidder/ his authorized representative will be given a unique login id and password by the Service
Provider. Bidder/ his authorized representative will change the password after the receipt of initial
password from the Service Provider to ensure confidentiality. All bids made from the login id given to
a bidder will be deemed to have been made by the concerned bidder/ his company. Only one login id
will be provided to each bidder.
9. Online Reverse Auction will be conducted as per English Reverse Auction with no tie, where more
than one bidder cannot have identical bid price.
10. Once a bid is made by a bidder through his registered login id, the same cannot be cancelled. The
Bidder is bound to supply the requisite product/ service under the RFP at the bid price quoted by the
bidder in the Online Reverse Auction.
11. If a Bidder places a bid price in last 5 minutes before closing of the Online Reverse Auction, the
auction period shall get extended automatically for another 5 minutes. In case a bidder places
another quote within the next 5 minutes, the auction period shall extend for another 5 minutes.
These further extensions of 5 minutes each shall continue till such scenario when there is no bid
during the 5 minutes extension. In case there is no bid in the last 5 minutes of closing of Online
Reverse Auction, the auction shall get closed automatically without any extension.
12. The time period of Online Reverse Auction and extension time are subject to change and will be
advised to eligible bidders before the start of the Online Reverse Auction event.
13. Bidder will be able to view the following on their screen along with the necessary fields in Online
Reverse Auction:
RFP for Power Saving Solution 2023 Page 58 of 62
 Opening Price
 Current lowest bid in the auction
 Last bid price placed by the respective bidder.
Sample screen is shown below (Figures mentioned below are for illustration only and may be used
during the bidder training process )
Item Bid Category Opening Price Bidder Price Minimum Decrement
(INR) Value (INR)
A Opening Base Price 5,00,000 - 1000
(Non-Editable values)
B Current Lowest Bid 4,80,000 1000
(Non-Editable values)
Bidder’s Quotes
C Quote for RFP for Supply, 4,60,000 1000
Implementation and (Non-Editable values)
Maintenance of Power
Saving Solution for Desktops.
D Footnote:
ORA will be conducted for Total Cost of Operations (TCO)
All Prices are excluding GST.
Only lowest Quote among all bidders shall be shown during the bidding.
Bidding in the last minutes and seconds should be avoided in the bidder’s own interest.
Neither the Service Provider nor LIC of India will be responsible for any lapses/ failure on
the part of the bidder, in such cases.

Please note that the above footnote in RED will appear in full below the bidding screen.
 During Online Reverse Auction, if no bid price is received within the specified time, LIC, at its
discretion, may decide to scrap or re-conduct the Online Reverse Auction process.
 The actual value of Opening Base Price under item “A” shall be informed to the e-procurement
Vendor on the day of the bidding process at least one hour before the scheduled time of the start
of the bidding process.
G. Conclusion of Online Reverse Auction Process
1. At the end of Online Reverse Auction event, the Service Provider will provide LIC with all the
necessary details of the bid prices and reports of Online Reverse Auction.
2. Upon receipt of the above information from the Service Provider, LIC will evaluate the same and
will decide the successful bidder.
3. All participating bidders have to submit the duly filled-in and signed format confirming the lowest
price quoted in the Reverse Auction by email to LIC within 24 hours of Online Reverse Auction
without fail. The Original signed document should be submitted in person to LIC before 5:00 pm
the next working day.
4. Any variation between the Online Reverse Auction bid price and the signed document will be
considered as sabotaging the tender process and will invite disqualification of the bidder from
conducting business with LIC.
5. The successful Bidder is bound to supply/ execute the deliverables as per the scope of work
defined in the RFP at their final lowest bid price of Online Reverse Auction. In case of backing out
from the reverse auction process or not agreeing to supply as per the rates quoted, LIC will take
appropriate action against such bidder and may blacklist/ debar him from participating in any
tenders in future.
H. Bidder’s Obligation:

RFP for Power Saving Solution 2023 Page 59 of 62


1. Bidder will not involve himself or any of his representatives in price manipulation of any kind
directly or indirectly with other suppliers/ bidders.
2. Bidder will not divulge either his bid details or any other details of LIC to any other party without
written permission from LIC.
I. Change in Business Rules, Terms & Conditions of Online Reverse Auction:
1. LIC reserves the right to modify/ withdraw any of the Business Rules, Terms & Conditions of Online
Reverse Auction at any point of time.
2. Modifications of Business Rules, Terms & Conditions of Online Reverse Auction will be conveyed
through email immediately.
3. Modifications, if any, made during the running of Online Reverse Auction event will be advised to
participating bidders immediately.

RFP for Power Saving Solution 2023 Page 60 of 62


Annexure XVI – Format of Agreement
(To be signed by the selected vendor with LIC)

This Agreement is made on this _____________day of _______, 2023 between

LIFE INSURANCE CORPORATION OF INDIA, a Company formed under section III of the LIC Act, 1956 having
its Central Office at “Yogakshema”, JB Marg, Mumbai - 400021, (hereinafter referred to as “LIC” and shall
include its heirs, successors or permitted assigns) of the First Part,
and
___________________________________________ a company registered under the applicable Indian
acts, having its registered office at _____________________________________________________,
(hereinafter referred to as “the vendor” and shall include its heirs, successors or permitted assigns) of the
Second Part
LIC and ________________________ are hereinafter individually referred to as “Party” and collectively as
“Parties”)
WITNESSETH:
WHEREAS
LIC had issued a Request for Proposal (hereinafter referred to as “RFP”) inviting bids from eligible bidders
for “RFP for Supply, Implementation and Maintenance of Power Saving Solution for Desktops” bearing
Reference Ref: LIC/CO/IT-BPR/HW/Power Saving/2023-24/03 Dated 07.09.2023, and subsequent
clarifications/ corrigenda, for the purposes specified in the RFP.
A. The vendor being desirous of taking up the project submitted their bid in response to the above
referred RFP and for that purpose has submitted its eligibility, technical and commercial bids vide
their proposal dated ______________, and subsequent documents.
B. LIC has evaluated the proposals submitted by the bidders and selected
_____________________________ as Hardware/Software Supply and Servicing Vendor for “RFP
for Supply, Implementation and Maintenance of Power Saving Solution for Desktops”.
NOW, THEREFORE, in consideration of the aforesaid premises, and mutual rights and obligations, it is
proposed to enter into an Agreement, which shall set forth the mutually agreeable terms and conditions
under which LIC shall procure from the vendor, and the vendor shall supply and/or provide to LIC, the
services and deliverables for the said project.
NOW, THEREFORE, in conclusion of the foregoing and other good and valuable consideration, as well as
the covenants and understanding hereinafter set forth, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follows :
1. Project Reference Documents :
The following documents shall be read as forming part of this Agreement:
a) The Request for Proposal for “RFP for Supply, Implementation and Maintenance of Power Saving
Solution for Desktops” bearing Reference Ref:LIC/CO/IT-BPR/HW/Power Saving/2023-24/03
Dated 07.09.2023 and all Annexures.
b) Clarification and any Modification to the RFP
c) Non-Disclosure Agreement submitted by Vendor_________________.
2. Empanelment Duration, Scope of Work and Time Lines :
a) The Empanelment will be valid upto 31.12.2028. LIC may, at its discretion, extend/ reduce the
validity period of the empanelment for a maximum period of one year.

RFP for Power Saving Solution 2023 Page 61 of 62


b) LIC may also decide, at its discretion, to undertake a fresh empanelment exercise any time before
the expiry of validity period.
c) All existing RFPs and extension, if applicable/ Annual Maintenance Contract (AMC), if any, will
continue to be valid till the validity period of respective RFPs/ agreements/ extension period,
irrespective of this empanelment exercise.
d) The scope of work and timelines will be as per the RFP and corrigenda and clarifications published
by LIC.
e) The vendor shall deliver all the requirements as specified in the RFP.
3. Miscellaneous :
a) Neither party shall publicize nor disclose to any third party, without the consent of the other
party, the terms and conditions of this Agreement, except as may be necessary to comply with any
laws or other obligations in this Agreement.
b) This Agreement together with the project reference documents as stated in paragraph number 1
constitutes the entire agreement between LIC and the vendor.
c) No variation in or modification of the terms of the Agreement shall be made except by written
amendment signed by both the parties. Neither party’s failure to exercise any of its rights under
this Agreement shall constitute or be deemed a waiver or forfeiture of those rights.

“IN WITNESS WHEREOF” the party of the First part and party of the Second part have hereunto set
and subscribed their hand and seals hereunto affixed the day and year first hereinabove written.

SIGNED, SEALED AND DELIVERED

By ___________________________________
_____________________________________
Of the within named Life Insurance Corporation of India,
The party of the first part above named

Dated at Mumbai, on the __________ day of ______________ 2023.


In the presence of:
1)
2)

SIGNED, SEALED AND DELIVERED


By ___________________________________
The constituted and authorized representative of ____________________________________, the
party of the second part above named
Dated at ___________________, on the ___________ day of ______________ 2023.

In the presence of:


1)
2)
RFP for Power Saving Solution 2023 Page 62 of 62

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