Final Request for Proposal (RFP) Document for Entering into a “Rate Contract” for “Website Development & Maintenance, Content Management and Translation services” [Reference No. RISL/F1.9(33)/RISL/Misc/11/767 dated 27/09/2011]
Place of submission of the bid proposal Managing Director, RajCOMP Info Services Limited (RISL), First Floor, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur (Rajasthan) Date & Time of Pre-bid meeting 10//10/2011 at 03:00PM Last Date & Time of Submission of Bid 15/11/2011 upto 04:00PM Date & Time of Opening of Bid 15/11/2011 at 04:30PM
Cost of Tender Document: Rs. 1000/- Only (Rupees One Thousand Only)
Name of the Bidding Company/ Firm:
Contact Person(Authorised Bid Signatory): Correspondence Address: Telephone Mobile No. & Fax Nos.: Website & E-Mail:
RajCOMP Info Services Limited (RISL) 1st Floor, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur (Rajasthan) Phone: 0141-2226055, 5103902 Fax: 0141-2228701 Web: http://risl.rajasthan.gov.in, Email: [email protected]
RajCOMP Info Services Limited Final RFP for Rate Contract - Website Development
TABLE OF CONTENTS
S.No. Chapter Page 1. Abbreviations & Definitions 3 2. Invitation for Bids (IFB) and Notice Inviting Tender (NIT) 5-6 3. Chapter-1: Project Profile 7 4. Chapter-2: Eligibility Criteria 10 5. Chapter-3: Scope of Work 14 6. Chapter-4: Bidding Process 33 7. Chapter-5: Terms and Conditions of the Bid 53 8. Annexure-1: Technical Resources 74 9. Annexure-2: Technical Evaluation Checklist 76 10. Annexure-3: Pre-Bid Queries Format 79 11. Annexure-4: Bidder‟s Authorisation Certificate 80 12. Annexure-5: Self-Declaration – No Blacklisting 81 13. Annexure-6: Certificate of Conformity/ No Deviation 82 14. Annexure-7: Financial Bid Format 83 15. Annexure-8: Draft Agreement Format 89 16. Annexure-9: Performance Bank Guarantee (PBG) 92 17. Annexure-10 : Compliance Matrix of GIGW Guidelines 94
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ABBREVIATIONS & DEFINITIONS
Authorised Signatory The bidder‟s representative/ officer vested (explicitly, implicitly, or through conduct) with the powers to commit the authorizing organization to a binding agreement. Also called signing officer/ authority having the Power of Attorney (PoA) from the competent authority of the respective Bidding firm. Bidder “Bidder” means any firm/ agency/ company/ contractor/ supplier/ vendor responding to Invitation for Bids and which is participating in the Bid. Also called offeror or quoter. “The Contract” means a legally enforceable agreement entered into between Contract RISL and the selected bidder(s) with mutual obligations. Rate Contract Period The Rate Contract Period shall be Two years from the date of Work Order. CMC Contract Monitoring Committee Day “Day” means a working day as per GoR/ GoI. DIT Department of Information Technology, Govt. Of India DoIT&C Department of Information Technology and Communications, Government of Rajasthan. EMD Earnest Money Deposit GoI Government of India. “Goods” means a tangible physical product that can be contrasted with a Goods service which is intangible i.e. all the products which the bidder is required to supply to Purchaser under the Contract. GoR Government of Rajasthan. LoI Letter of Intent NIT Notice Inviting Tender. PC Procurement Committee PSD Performance Security Deposit (also called as SD, see below) Person or entity that is a recipient of a good or service provided by a seller Purchaser/ Tendering (bidder) under a purchase order or contract of sale. Also called buyer. RISL Authority in this RFP document. RFP Request for Proposal (Bid document), an early stage in procurement process, issuing an invitation for suppliers, through a bidding process, to submit a proposal on a specific commodity or service. RISL RajCOMP Info Services Ltd.
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Service Level Agreement is a negotiated agreement between two parties wherein one is RISL and the other is the service provider. It is a a service SLA contract where the level of service is formally defined. In practice, the term SLA is sometimes used to refer to the contracted delivery time (of the service) or performance. Submission of the <5%> Amount of the Total Quoted/ Order Value by the Security Deposit (SD) Bidder and is retained till the successful completion of the project (as long as the bidder fulfils the contractual agreement). “Services” means the services to be delivered by the successful bidder and Services as required to run the project successfully as per the Contract. A service is the intangible equivalent of an economic good. SoW Scope of Work State Government Government of Rajasthan. “The Project Site”, wherever applicable, means the designated place or Project Site places. STQC Standardization, Testing and Quality Certification GIGW Guidelines to Indian Government website CMS Content Management System CMAP Content Management and Approval Policy Application Website Development of website / web portal / web enabled application / application Development / Project website development
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INVITATION FOR BIDS (IFB)
1) RajCOMP Info Services Limited (RISL) invites bid proposals from competent and professional Website Development/ Web based application development firms, who meet the minimum eligibility criteria as specified in this bid document for entering into a “Rate Contract” for “Website Development & Maintenance ,Content management and translation services” for a period of Two (2) Years. 2) Three agencies/ firms will be selected through a transparent and competitive bidding process and a rate contract for software professionals entered into with them. As and when there is need for a software development work to be outsourced, it will be directly assigned through a lump sum contract to one of the successful bidders with whom a rate contract has been entered into. The value of the lumpsum contract will be calculated on the basis of the mutually estimated effort and the rate of software agreed upon through this bidding process. 3) It may be noted that the amount of work mentioned in the bidding document is approximate and no minimum amount is guaranteed. 4) The complete bid document has been published on the websites http://www.rajasthan.gov.in, http://www.dipronline.org and http://risl.rajasthan.gov.in for the purpose of downloading. The downloaded bid document shall be considered valid for participation in the bid process subject to submission of required Bid document fee of 1000/- (Rupees One Hundred only) in Cash/ Demand Draft in favour of “Managing Director, RajCOMP Info Services Limited” payable at “Jaipur”. A copy of the bid document fee receipt must be enclosed along with the Technical bid/ proposal failing which the bid will be summarily rejected. 5) Please note that a Pre-Bid meeting of prospective bidders, who have purchased the tender document, is scheduled as per the details specified in Notice Inviting Tender (NIT) below. The objective of this meeting is to address the queries of the prospective bidders related to the Project/ Bid document. 6) A two-stage selection procedure shall be adopted. Bidders will be required to submit their Technical and Financial Proposals in two separate envelopes and in two copies titled as „Original‟ and „Copy‟, along with a Cover-Letter as prescribed in this bid document. The first part will consist of Technical Proposal and the second part will consist of Financial Proposal.
7) RISL disclaims any factual/ or any other errors in this document (the onus is purely on the individual bidders to verify such information) and the information provided herein are intended only to help the bidders to prepare a logical bid-proposal.
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NOTICE INVITING TENDER-NIT
Tender Reference No. F1.9(33)/RISL/Misc/11/767 dated 27/09/2011
RajCOMP Info Services Limited (RISL) invites bids/ proposals from the eligible bidders for entering into a “Rate Contract” for Website Development projects.
Cost of Tender Document (non-refundable) Rs. 1000/- (Rupees One Thousand Only) Estimated Project Cost & Earnest Money Deposit Estimated Project Cost EMD (in Rs)
Rs. 60 Lacs (Rupees Sixty Rs. 1.20 Lacs (Rupees Package A : Website Development & Lacs) One Lac Twenty Maintenance Thousand)
Rs. 10 Lacs (Rupees Ten Rs. 0.20 Lacs (Rupees Package B : Website Maintenance & Content Lacs) Twenty Thousand) Management
Rs. 5 Lacs ( Rupees Five Rs. 0.10 Lacs (Rupees Ten Package C: Translation Services Lacs) Thousand)
Period of sale of RFP Document From 30/09/2011 and up to 03:00PM on 15/11/2011 10/10/2011 at 03:00PM Managing Director, Date, Time& Place of Pre-Bid Meeting RajCOMP Info Services Limited (RISL), First Floor, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur (Rajasthan) Date & Time of Uploading the Final RFP Will be intimated later on the websites below (after pre- document (After Pre-bid) bid meeting) 15/11/2011 up to 04:00PM at the aforementioned Last Date, Time & Place of submission of bids address. Date, Time and Place of Opening of Technical 15/11/2011 at 04:30PM at the aforementioned address. Bids Date & Time of Opening of Financial Bids Will be intimated later to the Technically qualified bidders http://risl.rajasthan.gov.in Websites for downloading Tender Document, http://www.dipronline.org Corrigendum’s, Addendums etc. http://www.rajasthan.gov.in Bid & EMD Validity 120 Days from the date of bid submission
Managing Director Date: 30/09/2011 RajCOMP Info Services Limited (RISL) Jaipur (Rajasthan)
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CHAPTER-1: PROJECT PROFILE
1) Thematic Focus/ Project Objectives
a) RISL is the state agency for executing e-governance projects. Various Government Departments and organisations request RISL to execute e-governance projects relating to them. RISL executes these most of these projects by outsourcing to professional firms. One of the major components of these projects is application software development. b) RISL can outsource such work through various procurement modes like open tender, limited tender, tendering within empanelled firms, or from firms with whom it has a rate contract, c) RISL intends to enlist competent and professional firms involved in Website Development & maintenance, content management & translation services to support various projects being undertaken by RISL and to enter into a rate contract for software professionals of various categories. d) The exact scope of work will vary from project to project and will be known only after a project is assigned to RISL by the Government agency. However, broadly speaking, selected agencies will provide end-to-end professional support including one or more of the following - study, analysis, design, development, integration, testing, documentation, training, deployment, implementation including overall management of website solutions and thereafter Post-implementation support of the deployed website by use of Open standards for web development, content management etc. The support will be solicited at the level of managers, analysts, senior and junior developers, etc. e) On receipt of a project involving software development, if it is decided that this project is to be done from a firm having a rate contract with RISL because it is to be quickly deployed or for ano other reason, the scope of work will be defined and assigned to one of the firms enlisted through this tender. f) The website development work/ project will be assigned on a complete end-to-end basis to all the enlisted firms (in a cyclic manner) as per the quoted rates and mutually agreed effort estimates as required for the successful completion of the designated work/ project or specific services as stated in the document. The firms shall be required to deploy the sufficient number of skilled resources immediately after the award of work/ project during the period of “Rate Contract”.
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2) Need and benefits
a) By entering into a “Rate Contract”, it is envisaged that the Website development works/ projects with RISL shall be executed/ completed in a rapid manner thereby eliminating the need to issuing a separate RFP document for each work/ project. This would save time, money and efforts thereby enhancing the efficiency of overall service delivery by RISL.
b) Availability of Quick Services to various state line departments/ PSUs/ Boards. c) Consistent and uniform purchase policies and procedures leading to standardization. d) Better terms and conditions on Quality, Service and Delivery
3) Brief technical solution requirements
a) The website development work shall be based upon one or more of the following development frameworks i.e. as per the technical requirements of the project.
OEM supported Content Management System (Microsoft Sharepoint / Open source)
Adobe AIR
JAVA (JDK and JRE)
Microsoft .NET
PHP
Mozilla Prism XUL and XULRunner
Mobile Platform (BREW/ J2ME/ JavaFX Mobile/ etc.)
Database Platforms (Oracle/ MS-SQL/ PostgreSQL/ MySQL Database Servers)
As per the currents trends/ requirements of RISL b) Similarly, the application website development work shall comply with the guidelines issued by DoIT&C, Govt. of Rajasthan for development of websites and available at www.doitc.rajasthan.gov.in and Guidelines for Indian Government Websites (GIGW) issued by Department of Information Technology (DIT), Government of India (GoI) and available at www.doitc.rajasthan.gov.in and www.web.guidelines.gov.in. c) The professionals deployed by the agencies for project assignments should be highly qualified and experienced with specialization in identified technologies/ products. Bidders many consult the Annexure-1 for details of qualification and experience. Depending upon the project needs, adequate resources will be deployed by the firm and for a period varying from a couple of months to more than six months or as mutually agreed.
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4) Brief Scope of Work
Figure below shows the process flow during the various phases of the web development life cycle. All these aspects will be kept in mind while defining the exact SoW for an web development project to be assigned. However, the scope of work may include only part of the components mentioned below.
5) Implementing and participating agencies (Stakeholders)
a) Department of Information Technology & Communications (DoIT&C), Govt. of Rajasthan b) RajCOMP Info Services Pvt. Ltd. (RISL) c) Various State Govt. Line Departments/ PSUs/ Boards d) Selected firms (to be selected through a competitive bid process)
6) Target group (Audience/ Beneficiaries)
a) All State Govt. Line Departments/ PSUs/ Boards and their Officials
b) Citizens of the State
7) Expected accomplishment from the project (Project Outcome)
After the evaluation of all the bids, RISL shall enter into a “Rate Contract” with multiple firms and will directly assign to them the work/ project as and when required thereby allowing efficient service delivery without having need to prepare and issue a separate RFP document for each project.
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CHAPTER-2: ELIGIBILITY CRITERIA
1) Legal Requirements/ Compliance (for all packages)
a) The Bidder must be an individual Company/ Firm registered under Indian Company Act, 1956/ The Partnership Act 1932. A bidding firm should be an individual corporation/ company. Consortium of companies/ firms is not allowed. b) The Bidder must possess a valid: - i. VAT/ Sales Tax Registration Certificate along with the Sales Tax clearance certificate of the last year ii. Service Tax Registration Certificate iii. Income Tax Registration/ PAN Number Bidder should provide an attested & valid copy of all the above-mentioned certificates along with the Technical bid.
2) Technical Requirements/ Compliance: Package-A: (Website Development & Maintenance)
a) The Bidder should be a System Integrator (SI)/ Website Development firm and should be in operations in successful System Integration/ Website Development/ Website Customization & Implementation anywhere in India for at least Three Years as on 31-Mar- 2011. b) The Bidder must possess a valid ISO 9001:2008 (For Quality Management System) certification /CMMi level 3 or higher and a copy of same should be enclosed with the Technical bid. c) The Bidder should have successfully completed, during last 3 years, at least ONE assignment of providing similar services i.e. website development & maintenance, deployment and customisation services in India where the value of the assignment should be at least Rs. 2.50 Lacs (Rupees Two Lacs Fifty Thousand). OR The Bidder should have successfully completed, during last 3 years, at least TWO assignments of providing similar services i.e. website development & maintenance, deployment and customisation services in India where the value of each assignment should be at least Rs. 1.25 Lacs (Rupees One Lac Twenty Five Thousand). The bidder should attach attested copies of the customer purchase orders/ contracts
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which should indicate the deliverables, commissioning/ completion certificates and the scope of relevant assignments along with CA audited certificate. d) The bidder must have a minimum strength of 5 website professionals on their rolls having sufficient qualification and experience as mentioned in Annexure-1.
Package-B: (Website Maintenance and Content Management)
a) The Bidder should be a IT firm engaged in the field of Website/ web based application development & maintenance and Content Management and should be in operation in successful implementation anywhere in India for at least Three Years as on 31-Mar-2011. b) The Bidder must possess a valid ISO 9001:2008 (For Quality Management System) certification /CMMi level 3 or higher and a copy of same should be enclosed with the Technical bid. c) The Bidder should have successfully completed, during last 3 years, at least ONE assignment of providing similar services i.e., Web Development, maintenance and Content Management services in India where the value of the assignment should be at least Rs. 2 Lacs (Rupees Two Lacs). OR The Bidder should have successfully completed, during last 3 years, at least TWO assignments of providing similar services i.e. Web Development, maintenance and Content Management services in India where the value of each assignment should be at least Rs. 1 Lac (Rupees One Lac). The bidder should attach attested copies of the customer purchase orders/ contracts which should indicate the deliverables, commissioning/ completion certificates and the scope of relevant assignments along with CA audited certificate. d) The bidder must have a minimum strength of 5 website professionals on their rolls having sufficient qualification and experience as mentioned in Annexure-1.
Package-C: (Translation Services)
a) The Bidder should be a firm involved in the business of Translation and localisation services in English and Hindi anywhere in India for at least Three Years as on 31-Mar- 2011. b) The Bidder should have successfully completed, during last 3 years, assignments of providing similar services i.e. Translation and localisation services of at least 1000 pages in Hindi and in India. Page 11 of 102
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The bidder should attach attested copies of the customer purchase orders/ contracts which should indicate the deliverables, commissioning/ completion certificates and the scope of relevant assignments along with CA audited certificate. Also, the agency shall submit the proof of work done in the form of CD and certificate of successfully completed the assigned work from client. c) The bidder must have a minimum strength of 5 Translators including 2 linguistic experts on their rolls having sufficient qualification and experience as mentioned in Annexure-1.
3) Financial Requirements/ Compliance
a) The Bidder should deposit Earnest money as per the details mentioned in the NIT against respective package along with the Technical bid. The bid received without required Earnest money will be rejected. b) Bidder should have a positive net worth during the last three financial years (2008-09, 2009-10, and 2010-11). c) Average Turnover: The Bidder should have the average turnover from the related services, as per the details in the table below, during each of the last three financial years (2008-09, 2009-10, and 2010-11). Copies of audited balance sheets/ profit & loss accounts/ annual reports of last three financial years and CA Certificate should be enclosed.
Package Average annual turnover from the website and web enabled software/ applications Package - A Rs. 60 Lacs (Rupees Sixty Lacs only) Package - B Rs. 10 Lacs (Rupees Ten Lacs only) Package - C Rs. 5 Lacs (Rupees Five Lacs only)
4) Other Requirements/ Compliance (for all the packages)
a) The Bidder should submit an undertaking that a local support office at Jaipurwould be operational within two month of the award of order. b) RISL considers a conflict of interest to be a situation in which a party has interests that could improperly influence that party‟s performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations, and that such conflict of interest may contribute to or constitute a prohibited practice under RISL's Procurement Ethics. In pursuance of RISL's Procurement Ethics requirement that bidders, suppliers, and contractors under contracts, observe the highest standard of ethics, RISL will take appropriate actions against the bidder, if it determines that a conflict of interest has flawed the integrity of Page 12 of 102
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any procurement process. Consequently all Bidders found to have a conflict of interest shall be disqualified. A Bidder may be considered to be in a conflict of interest with one or more parties in the bidding process if, including but not limited to: i. have controlling shareholders in common; or ii. receive or have received any direct or indirect subsidy from any of them; or
iii. have the same legal representative for purposes of the Bid; or iv. have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the tendering authority regarding this bidding process; or v. A Bidder can participate in more than one package in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which it is involved. However, this does not limit the inclusion of the same subcontractor, not otherwise participating as a Bidder, in more than one bid; or
vi. A Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the goods and services that are the subject of the bid. c) A firm is not eligible to participate in this project while under sanction by RISL, whether such sanction was directly imposed by RISL, or imposed by RISL pursuant to the Agreement for Mutual Enforcement of Debarment Decisions. A bid from a sanctioned or cross-debarred firm will be rejected. Similarly, at the time of bidding, the firms having black-listed/ debarred in participating in any procurement activities by any State or Central Government in India are not allowed to bid. Undertaking to this effect shall be submitted by the bidder on his letter head. d) Bidders shall provide such evidence of their continued eligibility satisfactory to the tendering authority as per the “Eligibility Criteria” mentioned in the bidding document and/ or as the tendering authority shall reasonably request. Note: If required, the Bidder would be asked to make a presentation of his credentials and proposed solution before a committee of officers constituted by the State Government. The exact date, time venue of the presentation will be intimated separately. The bidder would be assessed broadly on the following criteria: -
Credentials of the organization and constitution (As per Eligibility Criteria mentioned above) with Core business and experience.
Technical and managerial capability of the firm.
Performance record of the last three years. Page 13 of 102
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Proposed Solution, Methodology and Operational plan Past experience of executing similar projects
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CHAPTER-3: SCOPE OF WORK (SoW)
Package-A: Website Development & Maintenance
A well designed feature rich bilingual Website of the department has to be developed to provide information to the citizen‟s in a user friendly manner as per the objectives of the Department.
The website would have to be complaint to GIGW guidelines and compliance to WCAG 2.0 AA standards. The solution could reside on any platform or combination of platforms, from a hardware or operating system point of view (as mentioned in the Chapter No. 1 -“Project Profile”) and be browser independent.
Basic Website
The exact scope of the work will be finalised only after selection of the project. However, the figure below shows the indicative process flow during the various phases of the website development life cycle which are expected to be included in the scope of work for compliance by the selected bidder(s).
Following aspects/ phases/components of web development (on any OS platform) will form part of the scope of work of each project. The exact scope of work for each project may include only one or more of the components or the whole website development process as mentioned below. a) Gather Requirements i. An important task in creating a website / web enabled software product is extracting the requirements or requirements analysis. Customers typically have an abstract idea of what they want as an end result, but not what website should do. Hence, incomplete, ambiguous, or
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even contradictory requirements should be recognized by skilled and experienced website engineers of the selected bidder at this point. ii. Requirements analysis would require the engagement of individuals/ teams from client as well as bidder sides to get detailed and accurate requirements; often there has to be a lot of communication to and from to understand these requirements. Requirement gathering would be the most crucial aspect as many times communication gaps arise in this phase and this leads to validation errors and bugs in the website. The bidder is expected to perform the following under this phase: - User requirements Hardware and Software requirements Applicable Standards/ Models (CMMI, ISO 9000 and 15504) Integration of existing SMS/ E-Mail/ Payment Gateways with the Application iii. A User Requirements document would be the outcome of this phase. b) Perform Analysis i. Once the general requirements are gathered from the client by the selected bidder, an analysis of the scope of the development should be determined and clearly stated. This is often called a Scope document. ii. The goal of system analysis would be to determine where the problem is in an attempt to fix the system. This step would involve breaking down the system in different pieces to analyze the situation, analyzing project goals, breaking down what needs to be created and attempting to engage users so that definite requirements can be defined. c) Design Phase i. In systems design phase, the selected bidder is expected to describe the design functions and operations in detail, including screen layouts, business rules, process diagrams and other documentation. The output of this stage will describe the new system as a collection of web enabled modules or subsystems. ii. The design stage should take as its initial input the requirements identified in the approved requirements document. For each requirement, a set of one or more design elements should be produced as a result of interviews, workshops, and/or prototype efforts. iii. Design elements should describe the desired website / web enabled website features in detail, and should generally include functional hierarchy diagrams, user-friendly screen layout diagrams (English only or Bi-Lingual i.e. English and Hindi), tables of business rules, business process diagrams, pseudo code, and a complete entity-relationship diagram with a full data
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dictionary. These design elements are intended to describe the web site / web enabled website in sufficient detail that skilled programmers may develop the web site / web enabled website with minimal additional input design iv. Develop the design in its various iterations o High-level design (HLD) o Detailed design o Hand over the design for approval by the end-user (Purchaser) v. Figure below depicts the design phase up to the point of starting development. Once all of the requirements have been gathered, analyzed, verified, and a design has been produced, the selected bidder would pass on the programming requirements to his application programmers.
Proposed features of the Website :
GIGW guidelines Compliance W3C‟s WCAG Compliance
Designing of home page and the inner pages with accessible Website Structure Prototype development with atleast 5 designs of home page and inner pages . Bilingual Contents of the Website to be maintained by Comprehensive Content Management System Incorporation of Security features as per the guidelines of empanelment by cert-in and free from OWASP Top 10 2010 vulnerabilities. Digitization of the collected information Meta data creation Use of graphics / pictures / animation in a manner that the page should be loaded within least poosible time.
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d) Code and test application For additional dynamic contents i. The selected bidder‟s would take the design documents (programming requirements) and then proceed with the iterative process of coding, testing, revising, and testing again, as depicted in the figure below.
ii. It should also be clearly noted that the bidder may be required to test the developed website / web enabled application for functionality and usability as per the details given below. iii. The selected bidder would perform the following system tests, in case required : - o Perform integration test (test application with other programs to verify that all programs continue to function as expected). o Perform performance (volume/ load) test using production data. iv. After the programs have been tested by the selected bidder‟s application programmers/ testers, they will be part of a series of formal user and system tests. These would be used to verify usability and functionality from a user point of view, as well as to verify the functions of the application within a larger framework as depicted in the picture below.
e) Go into production–hand off to operations i. The final phase in the development life cycle would be to go to production and become steady state. As a prerequisite to going to production, the selected bidder‟s development team needs to provide documentation. This would usually consist of user training and operational procedures. The user training would familiarize the users with the new application. The
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operational procedures documentation would enable Operations to take over responsibility for running the application on an ongoing basis. ii. In production, the changes and enhancements would be handled by a group (possibly the same programming group) that would perform the maintenance. At this point in the life cycle of the application, changes would be tightly controlled and must be rigorously tested before being implemented into production, as depicted in the picture below.
iii. Also, as mentioned before, to meet the user requirements or solve problems, it must be ensured by the selected bidder that the application solution is designed to reside on any platform or a combination of platforms. As per the current trends, the specific application could be located in any of the three environments: Internet, enterprise network, or central site. The operating system must provide access to any of these environments.
Security and Audit Control a) Adequate security levels and audit trails must be in place to protect the integrity of the developed website / web enabled Application website. User security helps control the Application contribution process by ensuring that only the authorized personnel have access to specific elements of the application. The audit trail should provide a facility to trace the path of changes on Application. b) It would be the responsibility of the selected bidder to get the code corrections done to remove the vulnerabilities identified during the IT Security Audit of the developed website / web enabled Application website before the commissioning of project. The cost towards the audits shall be borne by the Department but the code correction and patching would be done by the selected bidder. Hence, the bidder is advised to quote accordingly. c) Wherever the application would be used for online transactions i.e. commercial transactions are involved on-line over the Internet, the selected bidder shall use SSL with at least 128-bit encryption certificate and PKI based security for user authentication and content encryption for all critical transactions. d) The IT Security Audit shall cover all the following aspects: -
Service/ Audit Type, Methodology & Deliverable
1) Application Security Assessment
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Methodology: Different website testing techniques are employed to unearth application security vulnerabilities, weaknesses and concerns related to Authentication, Authorization, Session Management, Input/output Validation, Processing Errors, Information Leakage, Denial of Service etc. Typical issues which may be discovered in an application security audit include Cross-site scripting, Broken ACLs/Weak passwords, Weak session management, Buffer overflows, Forceful browsing, CGI-BIN manipulation, Form/hidden field manipulation, Command injection, Insecure use of cryptography, Cookie poisoning, SQL injection, Server mis-configurations, Well-known platform vulnerabilities, Errors triggering sensitive information leak etc. For web applications OWASP (Open Web Application Security Project) guidelines is used for the assessment. All the assessment is carried out using both state-of-the-art tools and manual testing methods.
2) System Performance Testing/ Monitoring
Methodology: Today‟s business systems have changed dramatically at the advent of multi-tier architecture. Organization‟s need to support 3 or more tiers involving, network infrastructure, web servers, application servers, databases, etc. Troubleshooting and to find out the root causes of the performance problems is the basic scope of this test. State of the art tools should be used to monitor and analyse the network traffic/ performance issues.
To pin-point which tier is causing problems by inserting unacceptable latencies for the end users. Isolation of the fault to the application, system or network further speeds resolution and minimizes finger pointing among support groups and vendors.
Training & Documentation a) The selected bidder shall ensure that all documentation is in place (user training, operation procedures, etc.). b) The selected bidder shall also ensure a proper hands-on training to the designated end-users on the application developed by him. Training could have multiple sessions as per the need and requirement of the project/ application. The content of the training and schedule shall be mutually decided by RISL and the selected bidder later at an appropriate time period. The requisite training infrastructure like the place, computers, and projector with screen shall be provided by RISL/ designated department. c) The selected bidder would also provide an On-line Help and an On-line Interactive Training module, Visual help kit which will be downloadable by the end-users of the Application Website. Page 20 of 102
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Operations & Maintenance Phase/ Facility Management Services (FMS) a) The selected bidder, if required to do so as per the scope of the work finalised for each project, during the maintenance phase of the application: - Shall perform ongoing day-to-day changes and enhancements in the website , on-site, as per the need/ requirement of RISL/ designated department. To provide onsite technical support in addition to the email, phone and remote login to address analyze and fix any technical glitches within the existing features. The scope of technical support includes rectification of errors within the already developed solution,. content management, ,addition or removal of feature(s) from the developed solution and/or transferring solution from one server to another server. Addition of new functionalities/ pages would be considered as a Change Request as per the mentioned in this RFP Document.
Shall ensure define change management procedures to ensure that no unwarranted changes are carried out to the web enabled application / web site . All the changes carried out by Bidder must be formally approved by RISL/ designated department and recorded too. Shall do proper version management of these configurations as the configurations may be changed from time to time. This is required to ascertain changes made to these configurations at different stages as well as have functional configurations. Shall perform Performance Tuning and ensuring resilient performance of the developed web enabled application / website. Shall Check status and take remedial actions, in case of problems/ bugs are reported. Shall maintain the Documentation of updations, problems, isolation, cause and rectification procedures for building knowledge base for the known problems. Shall be required to incorporate necessary features in the application to automate the back-up of database at regular intervals such as daily, weekly, monthly etc. Shall perform the proper hand-holding of the developed application to RISL/ designated department. b) Change Requests: i. RISL may at any time, by a written order given to the firm, make changes within the general scope of the Agreement in any one or more of the following: - a. Designs, specifications, requirements which website / web enabeled website or service to be provided under the Agreement are to be specifically developed and rendered for the
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Competent Authority. b. The method of deployment, shipping or packing. c. Schedule for Installation Acceptance. d. The place of delivery; and/or the Services to be provided by firm. ii. The change request / management procedure will follow the following steps: a. Identification and documentation of the need for the change - The information related to initiator, initiation date and details of change required and priority of the change will be documented by RISL. b. Analysis and evaluation of the Change Request - Impact of the change in terms of the estimated effort, changed schedule, cost and the items impacted will be analyzed and documented by selected agency. c. Approval or disapproval of the change request – RISL will approve or disapprove the change requested including the additional payments, after discussion with selected agency on the impact of the change on schedule. d. Implementation of the change – The change will be implemented in accordance to the agreed cost, effort, and schedule. e. Verification of the change - The change will be verified by the RISL on implementation of the change request. iii. All changes outside the scope of supplies agreed to herein which may have likely financial implications in terms of the overall cost/ time of the project shall be undertaken by selected agency only after securing the express consent of the RISL. In the event that the consent of RISL is not received within a period of 10 working days from the date of communication, then the change will not be carried out. The impact of the change in terms of the cost and schedule will be re-estimated and such approval on the new cost and schedule will be taken, if the change is approved after the 10 working days. iv. If any such change outside the scope of supplies agreed to herein causes an increase or decrease in cost of, or the time required for, firm‟s performance of any provisions under the Agreement, equitable adjustments shall be made in the Agreement Price or Delivery Schedule, or both, and the Agreement shall accordingly be amended. Any claims by firm for adjustment under this must be asserted within 30 (thirty) days from the date of selected agency receiving the RISL change order which shall not be unreasonably withheld or delayed. v. A change may also be suggested by firm along with its impact assessment and the same will be implemented by firm only if it is approved by the Competent Authority. c) The duration and scope of this period shall be mutually decided later at an appropriate time period.
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Package-B: Website Maintenance and Content Management: This includes all the activities mentioned under Part II i.e Operations & Maintenance Phase/ Facility Management Services (FMS) and Content Management . The Bidder has to maintain the website for addition of new pages, updation in the pages and development of any additional module or event .
Content Management : The brief scope is as under : Updation of Contents and Content Management using a comprehensive Content Management System.
Coordination with RISL and liaison with the Nodal officer (IT) and concerned officers of State Government Departments for the contents.
Evaluate the websites as per the evaluation parameters of GOR and compliance matrix of GIGW guidelines issued by GOI at Annexure-10.
Identification of contents of the assigned Department as per the guidelines given in the Content framework .
Prepare Role & responsibility matrix using sitemap of the websites with the details of the responsible Officers for contributing and approving the contents .
Time stamping of individual page content like routine, express or urgent and updation frequency ( daily/weekly/monthly/as per the occurrence of the event ).
Formulate procedure for regular updation and certification of the website in consultation with Nodal Officer (IT)
Identification of State specific services and information of the assigned Department.
Obtain the approval of the Content from the assigned Department prior to publishing on the website .
Content contributed to the portal has to be regularly reviewed and validated formally by sending fortnightly report to DoIT&C (Web Monitoring Unit).
Identification and recommendation other contents required to enrich the website of the Department.
Depute Technical Manpower as per Annexure – 1 at RISL / Department as per the work order.
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Package -C: Translation
The website / web portal is to be developed bilingual and therefore translation services are required which includes Translation, editing, proof reading, subtitling, captioning and subsequent feeding in Unicode. “Translation” means the delivery of an edited, proofread, publication-quality document in the appropriate language. The Translation would be done per A4 size page basis (300-350 words).
The scope of work and the details are as given below: - English-Hindi and Hindi-English translations of documents meant to be used both offline and online .
Translations should be precise and accurate to maintain the original theme, tone of voice and meaning while translating from one language to another.
Translation process should involve translators who have their first language as English or Hindi.
All the English-Hindi and Hindi-English translations to be proof-read and edited by a second translator to ensure that there are no spelling, grammar or punctuation mistakes, and that the words and style chosen are appropriate.
Unicode font should be used for hosting of the translated contents. The unicode font would be provided by the selected agancy in case font other then Mangal is used.
Translation accuracy is important and should be authenticated by a certification while producing the bill.
The agency should be responsible for any discrepancies in translations.
Maintenance /updating of the translated website shall be the responsibility of the agency.
The agency would have to create a glossary to be approved by the Department .
An undertaking should be furnished that the translation will be done as per industry standard. Any discrepancies (grammatically, spelling wise, headlines etc.) will not be accepted. Vetting of translated content will be done from an independent agency / committee, certifying that the translation has been done properly.
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The methodology for assigning the work to the selected agency would be as under: - Stage 1: Pre-Qualification
1. Sample load for translation will be provided by RISL. 2. Translation of English sentences to spoken Hindi and vice versa by the vendor. 3. Data Entry of translated sentence in Unicode font of respective language by the vendor. 4. Proof reading and validation of the translated and entered data, and corrections, if any, by the vendor. 5. Submission of print-outs (along with softcopy) of the translated contents ( 12 pt size print) for verification to the department by vendor. 6. Verification of translated sentences by panel of experts will be conducted by RISL. If it is found that translation / data entry errors are more than 5% ( more than 250 erroneous sentences) then the vendor will be rejected and no payments for the sample work will be made. This will be communicated to the vendor, with documentary proof thereof.
7. If error rate is within acceptable range, then the vendor will be informed about the errors. They will fix the errors and re-submit the sentences. 8. Vendor will qualify for production stage, if RISL is satisfied with the fixing of errors by vendor at stage 7 above.
Stage 2: Production
1. Load of further sentences will be awarded by RISL. 2. Translation of English sentences to spoken Hindi and vice versa by the vendor. 3. Data Entry of translated sentence in Unicode font of respective language by vendor. 4. Proof reading/ validation and correction of of the translated and entered data and submission of error-free sentences in CD form, by vendor. 5. On receipt of above, the department will provide the vendor with next lot of sample. Along with this, RISL will initiate verification of randomly selected translated sentences from the CD submitted by vendor as per 4 above.
If it is found that translation / data entry errors are beyond normally acceptable limits, then the whole set will be rejected and payment for the set will be made only after completion of correction and re-submission of the set to the satisfaction of the panel of experts. No new set will be given to vendor in case there is a pending set with them for correction.
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Bidder’s Personnel a) The selected bidder shall employ and provide sufficient and suitably qualified and experienced personnel as required to perform the awarded scope of services. b) The professionals deployed by the agencies for project assignments should be highly qualified and experienced with specialization in identified technologies/ products. Bidders many consult the Annexure-1 for details of qualification and experience. Depending upon the project needs, one or more developers and senior developers may be deployed as per the requirement of the project. c) During and after the end of the Contract period, the selected bidder shall refrain from canvassing RISL and any of its associates with any claim for employment of the bidder‟s personnel. d) As Hindi is Official Language of the Government of Rajasthan, the technical manpower deployed by the selected agency should be well versed with HINDI. e) The staff provided by the bidder will perform their duties in accordance with the instructions given by the officers of RISL/ designated department from time to time. RISL will examine the qualification, experience etc. of the personnel provided before they are put on area positions. The selected bidder has to take approval for the staff deployed from RISL before deployment. RISL has every right to reject the personnel, if the same is not acceptable, before or after commencement of the awarded work/ project. f) At no time there be more than 10% of the provided manpower on leave or absent from the duty. In case of long term absence due to sickness, leave etc, the selected bidder shall ensure replacements and manning of all manpower posts by without any additional liabilities to RISL. Substitute will have to be provided by the selected bidder against the staff proceeding on leave/ or remaining absent. g) The proposed services shall be normally manned from 8:30 AM to 8:30 PM as per the requirement throughout the year as decided by RISL/ designated department depending upon necessity of the work/ services. The selected bidder should provide continuous telephone technical support at all times on all days.
Roles & Responsibilities (Stakeholder-wise) i. Roles and responsibilities of RISL/ Designated department a. Nomination of Nodal officer for all the requirements of the project. b. Review and approve the solution design, implementation approach, and other reports as submitted by the selected bidder.
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c. Explain the functional requirements in detail to the selected bidder. d. Conduct regular project review meetings to monitor timely implementation of the web enabled application software / website. e. Provide feedback on changes to be in the solution to improve usability of the web enabled application software / website f. Report problems/ bugs in solution to the selected bidder for immediate action/ rectification. g. Provide the Data Center/ requisite infrastructure required for hosting the developed application website. h. Constitute a Website Coordinating Committee for Content management i.e contribution,moderation, approval publishing ,archival etc of the contents . i. Prioritize the change requests as per project objectives. j. Evaluate and approve the effort estimates provided by the selected bidder for development and deployment of application website. k. Co-ordination with the SDC Operator and other stakeholders of the project. l. Review and approve the Payments to the bidder as per SLA. m. Any other help/ assistance/ co-ordination required for the successful implementation and operations of the work/ project. ii. Roles of responsibilities of Bidder : Package A - Development & Maintenance a. Evaluate the indicative solution and deployment architecture suggested in the Work Order/ Scope of Work and prepare a detailed design document and suggest changes to the architecture. b. Identify web enabled website required for implementation of the functional requirements. c. Study, analyse, design, develop, integrate, test, commission, monitor and maintain the web enabled application software / website as per the requirements of the Purchaser. d. Develop the overall solution as per standard Software Development Life Cycle (SDLC). e. Document the website implementation details accurately as per standard documentation methodology. f. Prepare test cases, especially to test functionality and reliability of the implementation and submit test reports to the department for review. g. Prepare detailed release notes for each release of the web enabled software / website. h. Ensure timely implementation of solution as per prescribed project timelines. i. Resolve bugs reported. j. Deploy the specified on-site resources until the work/ project is successfully completed.
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k. Implement changes to web enabled software / website as per the priority specified. l. Provide effort estimate for the changes in web enabled software / website to be implemented and ensure implementation of the web enabled software / website as per estimates provided. m. Provide the documentation and clarifications required by 3rd party audit agency. n. The selected bidder‟s representatives shall travel on-site as required to fix any bugs/ errors found in the solution at bidders cost. o. Provide the required training on the overall solution. p. Code correction and patches for removal of vulnerabilities detected in Security Audit q. Ensuring compliance to the compliance matrix of GIGW guidelines at Annexure 10 r. Development of Web services for integration with State Portal .
Content Management: i. Content Management as per the procedure decided by the RISL / Department for Content contribution, Moderation, Approval and publishing and updation of the website. ii. All other works as per requirement of assigned scope of work.
Project Deliverables, Milestones & Time Schedule The deliverables, milestones and Time Schedule will be mutually agreed upon before assigning the work order of a project. Indicative deliverable and milestones are mentioned below for guidance of the bidders -
Package A :
S.No. Deliverable Timelines (Maximum 120 days).
Milestone-1: Contract/ Agreement Signing – 7 Days (from Work Order Date)
1 Event: Signing of the Agreement T Deliverable: (Within 7 Days from the
Service Level Agreement Date of Work Order) Security Deposit
Milestone-2: Pre-Implementation/ Study Phase – Duration to be mutually decided later during award of work/ project
2 Event: Project Kick-off Meeting T+7 Days
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Deliverable: Project Plan Describe key activities envisaged to accomplish the project plan Describe the approach for carrying out the envisaged
activities
Describe the project core team and the team of Subject
Matter Experts (SMEs) who are proposed to work in a defined reporting structure Development of minimum exclusive 5 home page templates for approval of the final home page Describe the project staffing schedule as per approved T+X Days project plan
Deliverable: Study Reports User Requirement Study (URS) Report Functional Requirement Study (FRS) Report Design (LLD/ HLD) Document System Requirement Study (SRS) Report Prototype of the Website Any other relevant reports as per the Scope of Work
Milestone-2: Development of Beta version / Prototype of web enabled application / website - Duration to be mutually decided later during award of work/ project
Event: Installation / configuration of the Beta version / T + X Days prototype Deliverable: Submission of Beta version / Prototype
Milestone-3: Implementation Phase – Duration to be mutually decided later during award of work/ project
3 Event: Installation/ Integration/ Configuration of the T+X Days website Deliverable: Newly developed department Website (as per requirements in SRS ) alongwith source code in two sets of
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CD ROMs along with source code and/or license of third party API/any other software used . b. Installation/ Integration/ Configuration Report
4 Event: System Acceptance Testing and Capacity Building/ T+X Days Training and Documentation Deliverable: UAT Report, Audit Reports,
Compliance to WCAG 2.0 Level AA report Free from OWASP Top 10, Vulnerabilities test report by Cert-in empanelled agencies Compliance Certificate to the GIGW Compliance matrix ( Annexure - ) Training Manual/ Documentation, User's Guide, Installation program and instructions, Documented source code, Maintenance instructions etc.
5 Event: Commissioning and Go-Live T+X Days Deliverable: Commissioning Certificate (to be issued by RISL/ designated department)
Milestone-4: Operations & Maintenance Phase - Duration to be mutually decided later during award of work/ project. 6 Event: Operations & Maintenance Phase T+X Days Deliverables: Monthly Application Summary/ Status Report Monthly SLA Attainment Report Monthly Manpower Attendance Report Monthly Incident & Problem Management Report Monthly Configuration Management Report Monthly Updation report & Certificate Monthly Content management report Monthly Change Management Report Monthly Backup/ Recovery Report
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Package-B: Maintenance & Content Management
Operations & Maintenance Phase - Duration to be mutually decided later during award of work/ project.
Milestone-1: Contract/ Agreement Signing – 7 Days (from Work Order Date)
1 Event: Signing of the Agreement T
Deliverable: (Within 7 Days from Service Level Agreement the Date of Work Security Deposit Order)
Operations & Maintenance Phase T+X Days Deliverables: Monthly Application Summary/ Status Report Monthly SLA Attainment Report Monthly Manpower Attendance Report Monthly Incident & Problem Management Report Monthly Configuration Management Report Monthly Updation report & Certificate Monthly Content management report Monthly Change Management Report Monthly Backup/ Recovery Report
Content Management
Monthly Updation report & Certificate T + X Days Monthly Content management report Evaluation of the websites as per the evaluation parameters of GOR and compliance matrix of GIGW guidelines issued by GOI at Annexure 10.
Role & responsibility matrix using sitemap of the websites with the details of the responsible Officers for contributing and approving the contents .
Time stamping of individual page content and frequency report ( daily/weekly/monthly/as per the
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occurrence of the event ).
Monthly updation certificate of the website in consultation with Nodal Officer (IT)
CMAP procedure for the approval of the Content.
Content Review fortnightly report.
Package-C: Translation
Translation Phase - Duration to be mutually decided later during award of work/ project.
Milestone-1: Contract/ Agreement Signing – 7 Days (from Work Order Date)
1 Event: Signing of the Agreement T Deliverable: (Within 7 Days from the
Service Level Agreement Date of Work Order) Security Deposit
2 Event: Translation and localisation service T + X Days Deliverable:
Translated Sentence load in both the languages Data Entry of translated sentence in Unicode font of respective language by the vendor. Proof reading / validation and correction of the translated and entered data and submission of error-free sentences in CD form, by vendor. Submission of print-outs (along with softcopy) of the translated sets ( 12 pt size print) for verification to the department by vendor.
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Service Level Agreement (SLA) When the work relating to a specific project is awarded as per the “Rate Contract”, the same shall include the following aspects of the service delivery/ standards: - a) Service Level Standards/ Requirements: This shall mainly include the following aspects of the service delivery and are as under. a. On-site availability of Bidder‟s Resources, if required in the work order b. Service levels like up time and response time of the website/ web based application b) Penalty for Non-performance as per the specified Service Level Standards/ Requirements: This shall mainly include the following aspects of the non-performance in service delivery. a. Penalty for non-availability of Bidder‟s Resources (absence): It shall be calculated on a per day basis and as per the below mentioned formula. Penalty (per day) = (Man month rate/ 25) x 1.2 However, during the contract period, with the prior approval of the designated authority, a maximum of 1.5 days leave per month shall be allowed per resource and no penalty shall be levied for these two days. For remaining days of absence, the penalty, as applicable, shall be levied on the firm and shall be deducted from the payment due towards the respective milestone. b. Non-fulfilment of service levels, as agreed. c. These penalties are in addition to Liquidated Damages which may be imposed on later delivery of the defined Deliverables.
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CHAPTER-4: BIDDING PROCESS
The Bidding process below specifies the procedures that would regulate the overall bidding process. It contains standard provisions that have been prepared to Design, Prepare, Advertise/ Publish, Submit, Open, Evaluate, Compare bids and Award of Contract and are to be strictly adhered to by the bidder.
A) Preparation of Bidding Document 1) Earnest Money Deposit (EMD) a) Every bidder, if not exempted, participating in the tender must furnish the EMD as specified in the Notice Inviting Tender (NIT). b) Government of Rajasthan and Union Government undertakings, corporations, companies; autonomous bodies managed or controlled by Government are not required to submit the EMD. c) EMD will be taken @ 0.5% (Half percent) of the estimated cost of supply by the S.S.I. units of Rajasthan and Performance Security Deposit will be taken @ 1% of the quantity ordered to be supplied. d) Receipt of EMD or Registration certificate or Certificate that the bidder is a Government undertaking/ Corporation/ Company/ autonomous body as mentioned above shall necessarily accompany the sealed bid without which the bid shall be rejected forthwith. e) EMD of a bidder lying with RISL in respect of other tenders awaiting decision will not be adjusted towards EMD for the fresh tenders. The EMD originally deposited may, however, would be taken into consideration in case tenders are re-invited. f) Form of EMD: The EMD may be deposited in the form of a banker‟s cheque or demand draft in favour of “Managing Director, RISL payable at Jaipur”. g) Refund of EMD: The EMD of unsuccessful bidders will be returned, without any interest soon after the final acceptance of the tender and award of contract. EMD of successful bidders will be converted into security deposit which will be returned without any interest after the rate contract/ extended period of rate contract or on completion of jobs whichever is later. h) Forfeiture of EMD: The EMD taken from the bidder shall be forfeited in the following cases:- i. When the bidder withdraws or modifies his bid proposal after opening of tenders.
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ii. When the bidder does not execute the agreement after placement of order within the specified time. iii. When the bidder fails to commence the supply of the goods and service as per purchase / work order within the time prescribed. iv. When the bidder does not deposit the security money after the purchase / work order is placed. v. To adjust any dues against the firm from any other contract with RISL. i) In case of best/ successful bidder, the EMD, if feasible, may also be adjusted in arriving at the amount of the Performance Security Deposit.
2) Sale of Tender Document The sale of bid document shall commence with the issue of NIT and shall be stopped one day prior to the date of opening of bids as specified in NIT. The complete bid document is also placed on the websites as specified in the NIT. The prospective bidders are permitted to download the bid document from any of the specified websites but must pay the cost of tender/ bid document while depositing back the filled-up bid document to the department.
B) Clarifications and Amendments of Bidding Document 3) Clarifications to the Bid Document
a) If the prospective bidder has any doubts as to the meaning of any portion of the bid document, then he is allowed to refer the same to the tendering authority and get clarifications. He may do so by contacting the tendering authority in writing at the tendering authority‟s address indicated in the NIT.
b) The Tendering authority/ Procurement Committee will respond in writing to any request for clarification, provided that such request is received no later than fifteen (15) days prior to the deadline for submission of Bids. c) The Tendering authority shall forward copies of its response to all Bidders who have acquired the Bidding Document directly from it and shall also place it on the website of RISL, including a description of the inquiry but without identifying its source. d) Should the Tendering authority deem it necessary to amend the Bidding Document as a result of a clarification or otherwise, it shall do so by issuing a revised bid document and/ or Addendum/ Corrigendum. If need be, the deadline for submission of Bids may also be extended in order to give reasonable time to the prospective Bidders to take into account the amendment.
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4) Pre-bid Conference/ Meeting
a) The bidder or its official representative (not more than two representatives per bidder) is invited to attend the pre-bid meeting as per the details specified in NIT. The objective of this meeting is to address the queries of the prospective bidders related to the Project/ Bid document.
b) Only the bidders/ firms, who have purchased the bidding document from the office of the RISL or have despoiled the requisite tender fee, are allowed to attend the pre-bid conference and submit their pre-bid queries in the specified format and schedule. Bidders having purchased the bid document are welcome to attend the pre-bid meeting, even if they do not have any specific queries. c) As a result of discussions in the pre-bid conference, if modifications in the tender document, specifications of services and/or goods are considered necessary, they may be done by issuing a addendum/ corrigendum and its copies shall be sent through Email/ post to all the bidders who had purchased the tender documents without identifying the source. The corrigendum/ addendum and the Final bidding document will be placed on all the websites as specified in the NIT. d) The tendering authority reserves the right not to respond to any/ all queries raised or clarifications sought if, in their opinion and at their sole discretion, they consider that it would be inappropriate to do so or do not find any merit in it.
C) Submission and Opening of Bids 5) Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the tendering authority shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
6) Language of Bids
The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the tendering authority, shall be written only in English Language. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in English/ Hindi language, in which case, for purposes of interpretation of the Bid, such translation shall govern.
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7) Documents comprising the Bid
a) The bidder should ensure that all the required documents, as mentioned in the bidding document, are submitted along with the bid and in the specified format only. Non- submission of the required documents or submission of the documents in a different format/ contents may lead to the rejections of the bid proposal submitted by the bidder.
b) Also, the tender fee/ photocopy of the tender fee receipt along with the bid security i.e. EMD should be enclosed in a separate envelop along with the bid. c) Wherever applicable, the specified bidding form must be used and filled without any alterations to its format, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested. d) The Bidder shall submit the Price Schedules/ Commercial/ Financial bid for Goods and Related Services, according to their origin as appropriate, using the forms furnished in the bid and enclose in a separate and sealed envelope duly signed/ stamped by the authorized signatory.
8) Alternative Bids
Alternative bids shall not be considered at all.
9) Bid Prices and Discounts
a) All the prices should be quoted only in Indian Rupees (INR) Currency. b) Prices/ Rates shall be written both in words and figures. There should not be errors and/ or over-writings. Corrections/ alterations, if any, should be made clearly and initialed with dates by the authorized signatory.
c) All rates quoted must be FOR destination/ site where the IT/ Computer systems and allied items are to be installed, and should include all incidental charges except Central/ Rajasthan VAT, which should be shown separately in the format for Price Quotation only. In case of local supplies the rates should include all taxes, etc., and RISL will not pay any cartage or transportation charges. d) The prices and discounts quoted by the Bidder in the Price Schedule/ Commercial/ Financial Bid shall conform to the requirements specified therein. e) All the required items must be listed and priced separately in the Price Schedule. If a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items. Items not listed in the Price Schedule shall be Page 37 of 102
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assumed not to be included in the Bid, and provided that the Bid is substantially responsive, the corresponding adjustment shall be applied in accordance with the provisions of bid document. f) The price to be quoted in the Bid Submission Sheet shall be the total price of the Bid excluding any discounts offered. The Bidder shall quote any unconditional discounts and the methodology for their application separately in the price schedule. g) The disaggregation of price components is required solely for the purpose of facilitating the comparison of Bids by the tendering authority. This shall not in any way limit the tendering authority‟s right to contract on any of the terms offered: - i. For Goods offered from within/ outside the country. ii. For Related Services whenever such Related Services are specified in the bidding document. h) Prices quoted by the Bidder shall be fixed during the Bidder‟s performance of the Contract and not subject to variation on any account, unless otherwise specified in the bid document. A Bid submitted with an adjustable price quotation shall be treated as nonresponsive and shall be rejected. However, if in accordance with the bid document, prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract, a Bid submitted with a fixed price quotation shall not be rejected, but the price adjustment shall be treated as zero.
10) Period of Validity of Bids
a) Bids shall remain valid for the period of 120 days, as specified in NIT, after the bid submission deadline date prescribed by the tendering authority. A Bid valid for a shorter period shall be rejected by the tendering authority as nonresponsive. b) In exceptional circumstances, prior to the expiration of the bid validity period, the tendering authority may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. If EMD is requested, it shall also be extended for a corresponding period.
11) Format and Signing of Bid
a) The Bidder shall prepare one original set of the documents comprising the Bid as described in the bid document and clearly mark it as “ORIGINAL.” In addition, the Bidder
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shall submit one photocopy of the Bid and clearly mark it as “COPY.” In the event of any discrepancy between the original and the copies, the original shall prevail. b) The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed (all the pages) by a person duly authorized to sign on behalf of the Bidder, in token of acceptance of all the terms and conditions of the bidding document. This authorization shall consist of a written confirmation as specified in the bid document and shall be attached to the Bid. c) Any amendments such as interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the authorized person signing the Bid.
12) Sealing and Marking of Bids
a) Bidders may always submit their bids by post or by hand. Bidders submitting bids shall follow the bid submission procedures as specified in this document. b) Bidders submitting bids by post or by hand shall enclose the original and each copy of the Bid in separate sealed envelopes, duly marking the envelopes as “ORIGINAL”, and “COPY.” These envelopes containing the original and the copies shall then be enclosed in one single envelope. c) The inner and outer envelopes shall: i. bear the name and address of the Bidder; ii. should be addressed to the tendering authority iii. bear the specific identification of this bidding process pursuant to NIT and any additional identification marks as specified in the bid document; and iv. bear a warning not to open before the time and date for bid opening, in accordance with the NIT. d) If all envelopes are not sealed and marked as required, the tendering authority will assume no responsibility for the misplacement or premature opening of the bid.
13) Deadline for the submission of Bids
a) Bids must be submitted by the bidders at the address and no later than the date and time indicated in the NIT. b) Normally, the date of submission and opening of tenders would not be extended. However, in exceptional circumstances or when the tender document is required to be
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substantially modified as a result of discussions in pre-bid conference and the time with the prospective bidders for preparation of bids appears insufficient, the date may be extended by Managing Director, RISL and due publicity to such change in date of opening of tenders would be given. In such cases, it would be ensured that after issue of corrigendum, reasonable time is available to the bidders to prepare and submit their bids. Any change in date of submission and opening of tender would also be placed on the respective websites immediately. However, if the modifications in tender document, specifications of goods and service are substantial, fresh publication of original tender inquiry may also be issued. c) The tendering authority may, at its discretion, extend the deadline for the submission of Bids by amending the Bidding Document, in which case all rights and obligations of the tendering authority and Bidders previously subject to the deadline shall thereafter would be subject to the deadline as extended.
14) Delayed/ Late Bids
The tendering authority shall not consider any Bid that arrives after the deadline for submission of Bids. Any Bid received by the tendering authority after the deadline for submission of Bids shall be declared as late and returned unopened to the Bidder.
15) Receipt of Tenders
a) Receipt and custody of the tenders will be done in a transparent manner. b) Preferably, the tenders shall be received through a tender box duly locked or in its absence by hand delivery to the nominated officer of the department who will also give a receipt. c) The record of tenders received shall be kept in Tender Receipt Register. d) The Register of tender shall be closed at the scheduled time giving in words and figures the number of tenders received in time. e) The tenders shall remain in personal custody of the Head (Procurement) in lock and key or in the tender box, till they are opened on scheduled date and time. f) Tenders received by telegram or given on form other than the prescribed form shall not be considered. However, tenders may be received by post, if received up to the prescribed date and time of receiving the tenders.
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16) Withdrawal, Substitution, and Modification of Bids
a) A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written Notice, duly signed by an authorized signatory, and shall include a copy of the authorization. The corresponding substitution or modification of the Bid must accompany the respective written Notice. All Notices must be: -
i. submitted in accordance with the bid document, and in addition, the respective envelopes shall be clearly marked “Withdrawal,” “Substitution,” “Modification”; and ii. received by the tendering authority prior to the deadline prescribed for submission of bids. b) Bids requested to be withdrawn shall be returned unopened to the Bidders. c) No Bid shall be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of the specified bid validity or any extension thereof.
17) Bid Opening
a) The designated Procurement Committee (PC) will perform the Bid Opening, which is a critical event in the bidding process. b) The tendering authority shall conduct the bid opening at the address, date and time specified in the NIT. c) All the tenders received up to the specified time and date in response to all the tender inquiries shall be opened by the members of the designated Procurement Committee at the specified place, date and time in the presence of bidders or their authorized representatives who may choose to be present.
d) All Envelopes containing financial/ technical bids shall be signed with date by the members of the Committee in token of verification of the fact that they are sealed. The envelopes shall be numbered as a/n, where „a‟ denotes the serial number at which the tender envelop has been taken and „n‟ denotes the total number of tenders received by prescribed time. e) First, envelopes marked “WITHDRAWAL” shall be opened, read out, and recorded, and the envelope containing the corresponding Bid shall not be opened, but returned to the Bidder. If the withdrawal notice is not accompanied by a copy of the valid authorization, the withdrawal shall not be permitted and the corresponding Bid will be opened. Next, envelopes marked “SUBSTITUTION” shall be opened, read out, recorded, and
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exchanged for the corresponding Bid being substituted, and the substituted Bid shall not be opened, but returned to the Bidder. No Bid shall be substituted unless the corresponding Substitution Notice contains a valid authorization to request the substitution and is read out and recorded at bid opening. Envelopes marked “MODIFICATION” shall be opened, read out, and recorded with the corresponding Bid. No Bid shall be modified unless the corresponding Modification Notice contains a valid authorization to request the modification and is read out and recorded at bid opening. Only envelopes that are opened, read out, and recorded at bid opening shall be considered further. f) All other envelopes shall be opened one at a time, and the following read out and recorded: the name of the Bidder and whether there is a modification; the Bid Prices (per lot if applicable), any discounts and offers; the presence of a EMD and any other details as the tendering authority may consider appropriate. Only discounts and alternative offers, if any, read out and recorded at bid opening shall be considered for evaluation. No Bid shall be rejected at bid opening except for late bids, alternative bids and bids not accompanied with the required tender fee and bid security (EMD). g) The Tendering authority shall prepare a record of the bid opening that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, substitution, or modification; the Bid Price, per lot if applicable, any discounts and offers if they were permitted; and the presence or absence of Tender fee, EMD. The Bidder‟s representatives who are present shall be required to sign the Attendance sheet. The omission of a Bidder‟s signature on the record shall not invalidate the contents and effect of the record.
h) Only the outer envelops and envelops marked “Technical Bid” shall be opened first and in the sequence of the serial numbers marked on them. The envelops containing “Financial Bid” shall be kept intact and safe and shall be opened later on the date and time intimated to the bidders who qualify in the evaluation of technical bids. i) The details of deposit of tender fee and EMD with each tender shall be read out loudly.
D) Evaluation and Comparison of Bids 18) Guiding Principle for Evaluation of Bids
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b) The determination shall be based upon an examination of the documentary evidence of the Bidder‟s qualifications submitted by the Bidder. c) An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. A negative determination shall result in disqualification of the Bid, in which event the tendering authority shall proceed to the next best bid to make a similar determination of that Bidder‟s capabilities to perform satisfactorily. d) The tendering authority/ procurement committee, in observance of best practices, shall: - i. Maintain the bid evaluation process strictly confidential as per the details below. ii. Reject any attempts or pressures to distort the outcome of the evaluation, including fraud and corruption. iii. Strictly apply only and all of the evaluation and qualification criteria specified in the bidding document.
19) Confidentiality
a) Information relating to the examination, evaluation, comparison, and post qualification of Bids, and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with such process until publication of the Contract award. b) Any attempt by a Bidder to influence the tendering authority or other officials in the examination, evaluation, comparison, and post qualification of the Bids or Contract award decisions may result in the rejection of his Bid. c) From the time of bid opening to the time of Contract award, if any Bidder wishes to contact the tendering authority on any matter related to the bidding process, he is allowed to do so in writing.
20) Clarification of Bids
a) To assist in the examination, evaluation, comparison and post qualification of the Bids, the tendering authority may, at its discretion, ask any Bidder for a clarification of his Bid. The tendering authority‟s request for clarification and the response shall be in writing. b) Any clarification submitted by a Bidder with regard to his Bid that is not in response to a request by the tendering authority shall not be considered.
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c) No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the tendering authority in the evaluation of the Commercial/ Financial Bids.
21) Determination of Responsiveness
a) The tendering authority‟s determination of the responsiveness of a Bid would be based on the contents of the Bid itself. b) A substantially responsive bid would be the one that meets the requirements of the Bidding Document without material deviation, reservation, or omission where: - i. “Deviation” is a departure from the requirements specified in the Bidding Document; ii. “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document; and iii. “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Document. c) A material deviation, reservation, or omission is one that, i. if accepted, would: - a. affect in any substantial way the scope, quality, or performance of the Goods and Related Services specified in the bidding document; or b. limits in any substantial way, inconsistent with the Bidding Document, the tendering authority‟s rights or the Bidder‟s obligations under the proposed Contract; or ii. if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive bids. d) The tendering authority shall examine the technical aspects of the bid in particular, to confirm that all requirements of bidding document have been met without any material deviation or reservation. e) The tendering authority shall compare all substantially responsive bids to determine the best bid, in accordance with the provisions of this bidding document.
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22) Non-material Non-conformities
a) Provided that a Bid is substantially responsive, the tendering authority may waive any nonconformity in the bid that do not constitute a material deviation, reservation or omission. b) Provided that a Bid is substantially responsive, the tendering authority may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Bid related to documentation requirements. Requesting information or documentation on such nonconformities shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid. c) Provided that a Bid is substantially responsive, the tendering authority shall rectify nonmaterial nonconformities or omissions. To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of the missing or non-conforming item or component. The adjustment shall be made using the method indicated in Evaluation and Qualification Criteria of this bidding document.
23) Evaluation of Bids
a) The tendering authority shall evaluate each Bid that has been determined, up to the stage of the evaluation, to be substantially responsive. b) To evaluate a Bid, the tendering authority shall use all the criteria and methodologies defined in this document. c) To evaluate a Bid, the tendering authority shall consider the following: - i. the bid price as quoted in accordance with bidding document.
ii. price adjustment for correction of arithmetic errors in accordance with bidding document. iii. price adjustment due to discounts offered in accordance with bidding document; and iv. price adjustment due to application of the evaluation criteria specified in Section: Evaluation and Qualification Criteria of this bidding document. These criteria may include factors related to the characteristics, performance, and terms and conditions of purchase of the Goods and Related Services which shall be expressed to the extent practicable in monetary terms to facilitate comparison of bids unless otherwise specified in bidding document.
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i. in the case of Goods/ Services offered from within the tendering authority‟s country, all sales tax/ service tax and all other taxes, applicable in the tendering authority‟s country and payable on the Goods/ Services if the Contract is awarded to the Bidder; ii. in the case of Goods/ Services offered from outside the tendering authority‟s country, all customs duties, sales tax, service tax, and other taxes, applicable in the tendering authority‟s country and payable on the Goods/ Services if the Contract is awarded to the Bidder; and iii. any allowance for price adjustment during the period of performance of the Contract, if provided in the Bid.
24) Evaluation of Technical Bids
a) The initial technical evaluation shall be completed by the designated Procurement Committee as early as possible after opening of technical bids. b) The number of firms qualified in technical evaluation, if less than three, and it is considered necessary by the tendering authority to continue with the tender process, reasons shall be recorded in writing, otherwise fresh tenders will be invited. c) After approval of the technical evaluation by tendering authority, the firms which qualified in the technical evaluation shall be informed in writing about the date, time and place of opening of their financial bids. d) The firms which could not qualify in technical evaluation will be informed about this fact. Their financial bid will be returned unopened and EMD refunded after completion of the tender process i.e. award of the contract to the best/ successful bidder. The result of evaluation of Technical bids shall also be placed on the website of RISL.
25) Evaluation of Financial Bids
a) The financial bids of bidders who qualified in technical evaluation shall be opened at the notified time, date and place by the members of Procurement Committee in the presence of the bidders or their representatives who choose to be present. b) The process of opening, marking and signing on the envelops and offers of financial bids shall be similar to that of technical bids. c) The names of the firms, the rates given by them and conditions put, if any, shall be read out and recorded in tender opening register.
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d) Conditional tenders are liable to be rejected. However, financial implication of conditions may be worked out and added to the quoted price. e) The evaluation shall include all costs and all taxes and duties applicable to the bidder as per law of the Central / State Government / Local Authorities. f) For Rate Contracts, more than one firm at the same lowest rate may be recommended to ensure uninterrupted service delivery but for this purpose, negotiations with firms quoting higher rates in the order of ascending values shall have to be conducted. g) The offers shall be evaluated and marked L 1, L2, L3 etc. L1 being lowest offer and then others in ascending order. h) L1 would be agency quoting lowest rate in the financial bid table. i) In order to select three agencies, L2 and L3 would be asked (counter offer) to match L1 rates. If they agree, rate contract will be entered into with L1, L2 and L3 on the same rates. If either of them does not agree, L4 will be given the opportunity (counter offer) to match the rates and so on. If none of the agencies agree to match L1 rates then rate contract will be entered into only with L1. j) The Procurement Committee shall prepare a comparative statement in tabular form and its report on evaluation of financial bids and with the recommendation to sanction the best offers to the tendering authority. k) It shall be ensured that the offer recommended for sanction is justifiable looking to the prevailing market rates of the goods and/ or service required to be procured. l) The financial bid evaluation of i) Package – IA, IB and ID : The rate contract for package IA, IB and ID shall be done with bidders meeting lowest rates for all components taken individually. The calculation procedure for L1 for package IB has been defined in annexure :7 on page 90. Package – I C :The lowest offer received for each item mentioned in package II shall be offered to all other participating bidders for their acceptance. Subsequently the rate contract shall be finalised with bidders accepting the lowest rate for individual items in the package. ii) Package – II : The rate contract for package II shall be done with bidders meeting lowest rates for all components taken individually iii) Package – III : The rate contract for package III shall be done with bidders meeting lowest rates for all components taken individually.
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26) Correction of Arithmetic Errors
a) Provided that the Bid is substantially responsive, the competent Procurement Committee shall correct arithmetical errors on the following basis: - i. if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the tendering authority there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; ii. if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and iii. if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (i) and (ii) above.
27) Margin of Preference/ Price Preference
No margin of preference/ price preference shall be given to the goods produced or manufactured and/ or services offered by Industries of Rajasthan over goods produced or manufactured by Industries outside Rajasthan.
28) Negotiations
a) As a general rule, negotiations after opening of tenders would be discouraged However, negotiations may be undertaken in exceptional circumstances, such as: -
i. when ring prices have been quoted. ii. When the tendered rates have wide variations and are much higher than the market rates prevailing at the time of opening of bids. b) Negotiations shall not make original offer of the bidder ineffective. c) Negotiations shall be conducted with appropriate bidders and by information given in writing with a minimum period of 3 days (in case of a local bidder) and 7 days (in case of an outstation bidder) shall be given for response in writing and in sealed cover. In case of urgency the tender sanctioning, the tendering authority may reduce the notice period
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for negotiations, provided the bidder receives the information regarding holding negotiations. d) In case, a bidder does not reduce his rates in response to negotiations or the rates so reduced are still considered to be higher, the tendering authority may decide to make a written counter offer to the lowest/ best bidder. If the lowest/ best bidder does not accept the counter offer given by the tendering authority, the tendering authority may decide to recommend rejecting the bid or may repeat the process to make the same counter offer to second lowest/ best bidder and so on to third, fourth lowest/ best bidder, etc. till any bidder accepts it.
29) Disqualification
Tendering authority may at its sole discretion and at any time during the processing of bid, disqualify any Bidder/ Bid from the bid process if the bidder: - a) Has not submitted the bid in accordance with the tender document.
b) Does not meet the minimum eligibility criteria as mentioned in the tender document. c) During validity of the bid or its extended period, if any, increases his quoted prices. d) Has imposed conditions in his bid. e) Has made misleading or false representations in the forms, statements and attachments submitted in proof of the eligibility requirements. f) Has submitted the bid after due date and time. g) Is found to have a record of poor performance such as abandoning work, not properly completing the contract, inordinately delaying completion, being involved in litigation or financial failures, etc.
h) Has submitted bid which is not accompanied by required documentation and Earnest Money Deposit (EMD). i) Has failed to provide clarifications related thereto, when sought. j) Has submitted more than one bid. This will cause disqualification of all bids submitted by such bidders including forfeiture of the EMD. k) Who is found to canvass, influence or attempt to influence in any manner for the qualification or selection process, including without limitation, by offering bribes or other illegal gratification shall be disqualified from the process at any stage.
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Note: Bidders may specifically note that while processing the tender documents, if it found expressly or implied, that some bidders may have compounded in any manner whatsoever or otherwise joined to form a cartel resulting in delay/ holding up the processing of tender then the bidders so involved are liable to be disqualified for the contract as well as for a further period of two years from participation in any of the tenders floated by any department, Govt. of Rajasthan. It may also be clarified that if need arises then Purchaser would go in for appointment of outside party(s) to undertake the work under the captioned tender.
30) Tendering authority’s Right to Accept/ Reject any or all of the Bids
The tendering authority reserves the right to accept or reject any Bid, and to annul the bidding process and reject all Bids at any time prior to Contract award, without thereby incurring any liability to the Bidders.
E) Award of Contract 31) Acceptance of the Tender and Notification of Award
a) Prior to the expiration of the period of bid validity, the tendering authority shall notify the successful Bidders, in writing, that their Bids have been accepted. b) The tendering authority shall award the Contract to the Bidders whose offer have been determined to be the best Bids and are substantially responsive to the Bidding Document, provided further that the Bidders are determined to be qualified to perform the Contract satisfactorily. c) The tender sanctioning Purchase Committee (PC) after due consideration of tenders, their conditions, financial implications, seeing samples, test reports, if any, discussions with the bidders about important features of their articles, etc., shall take decision regarding acceptance or rejection of the tenders. d) Decision on tenders shall be taken within original validity period of offers. If the decision on acceptance or rejection of a tender cannot be taken within the original bid validity period due to unavoidable circumstances, all the bidders shall be requested to extend validity period of their bids up to a specified date. e) As soon as a tender is accepted by the tendering authority, its written intimation would be sent to all the concerned bidders. Since the work order will be issued project wise after identification of projects, a Letter of Intent (LOI) will be sent. In the same intimation
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the bidders may be asked to execute an agreement in prescribed format on a non- judicial stamp of prescribed value and deposit the amount of prescribed performance security deposit within 15 days from the date of issue of acceptance. f) The acceptance of an offer is complete as soon as the letter of communication is posted to the correct address of the bidder.
g) The acceptance of the tender shall also be placed on website of RISL for general information to all. h) The bidders whose bids could not be accepted shall also be informed and asked to collect their EMD soon after the agreement with the successful bidder is executed and his performance security deposit is obtained. Until a formal Contract is prepared and executed, the notification of award shall constitute a binding Contract.
32) Tendering authority’s Right to vary Quantities/ Scope of Work
a) The amount of work mentioned in this document is approximate. RISL does not guarantee any minimum amount of work to be given. b) The tendering authority reserves the right to increase the quantity of Goods and Scope of Services originally specified in the bidding document by 50% and without any change in the unit prices or other terms and conditions of the Bid and the Bidding Document. c) Repeat orders may also be placed with the consent of the contractor/ supplier on the rates and conditions given in the tender provided that the repeat orders are up to 50% of the quantity originally purchased and the period is not more than one month from the date of expiry of last supply (i.e., delivery) and that the original order was given after inviting open tenders. The delivery/ completion period will also be proportionally increased. d) If the tendering authority does not purchase any of the tendered articles or purchases less than the quantity/ value indicated in the tender form or does not award any work during the rate contract period, the bidder shall not be entitled to claim any compensation.
33) Signing of Contract
a) Promptly after notification of award, the tendering authority shall send to the successful Bidder the Contract Agreement and the Special Conditions of Contract.
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b) Within fifteen (15) days of receipt of the Letter of Intent/ Work Order from the tendering authority, the successful Bidder shall sign, date, and return the Contract Agreement to the tendering authority.
34) Performance Security Deposit (PSD)
a) Within fifteen (15) days of the receipt of notification of award from the tendering authority, the successful Bidders shall furnish the Performance Security Deposit (PSD) in accordance with the provisions under the “General conditions of the Contract” as mentioned in this bidding document. b) Failure of the successful Bidders to submit the aforementioned PSD or sign the Contract Agreement shall constitute sufficient grounds for the annulment of the award and forfeiture of the EMD or execution of the Bid-Securing Declaration. In that event the tendering authority may award the Contract to the next best bidder whose offer is substantially responsive and is determined by the tendering authority to be qualified to perform the Contract satisfactorily.
35) Reservation of Rights
To take care of unexpected circumstances, RISL shall reserve the rights for the following: - a) Extend the Closing Date for submission of the Proposals. b) Amend the proposal requirements at any time prior to the Closing Date, with the amendment being notified to prospective bidders. c) Seek information from or negotiate with one or more of the Bidders on any issue at any time and to continue to negotiate with one or more of the bidders.
d) Discontinue negotiations at any time with any bidder. e) Allow a bidder to change its Technical proposal if the same opportunity is given to all bidders. f) To accept any tender not necessarily the lowest, reject any tender without assigning any reasons and accept tender for all or anyone or more of the articles for which tender has been invited or distribute items of stores to more than one bidder. g) Terminate or abandon the tendering procedure or the entire project whether before or after the receipt of proposals.
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h) Seek the advice of external consultants to assist RISL in the evaluation or review of proposals. i) Make enquiries of any person, company or organization to ascertain information regarding the bidder and its proposal. j) Reproduce for the purposes of the procedure the whole or any portion of the Proposal despite any copyright or other intellectual property right that may subsist in the Proposal. Note: Direct or indirect canvassing on the part of the bidder or his representative would be a disqualification.
36) Monitoring of Contract
a) An officer or a committee of officers named Contract Monitoring Committee (CMC) may be nominated by tendering authority to monitor the progress of the contract during its delivery period. There may be more than one Committee for this purpose, one for each project/work order.
b) During the delivery period the CMC shall keep a watch on the progress of the contract and shall ensure that quantity of goods and service delivery is in proportion to the total delivery period given if it is a severable contract in which the delivery of the goods and service is to be obtained continuously or is batched. If the entire quantity of goods and service is to be delivered in the form of completed work or entire contract like fabrication work, the process of completion of work may be watched and inspections of the supplier‟s or service provider‟s premises where the work is being completed, may be inspected. c) If delay in delivery of goods and service is observed a performance notice would be given to the selected bidder to speed up the delivery. d) Any change in the constitution of the firm, etc. shall be notified forth with by the contractor in writing to the tendering authority and such change shall not relieve any former member of the firm, etc., from any liability under the contract. e) No new partner/ partners shall be accepted in the firm by the selected bidder in respect of the contract unless he/ they agree to abide by all its terms, conditions and deposits with the tendering authority through a written agreement to this effect. The bidder‟s receipt for acknowledgement or that of any partners subsequently accepted as above shall bind all of them and will be sufficient discharge for any of the purpose of the contract.
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f) The selected bidder shall not assign or sub-let his contract or any substantial part thereof to any other agency without the permission of tendering authority.
37) Re-invitation of Tenders
a) Re-invitation of tenders would generally be avoided by the tendering authority.
b) However, in case, higher prices than prevalent market rates have been received in the tender process or considerable changes in specifications, terms and conditions are required to be made as a result of discussion in pre-bid conference or otherwise, re- invitation of tenders shall be done.
38) Lack of Competition
A situation may arise where, after evaluation of tenders the tendering authority may end-up with one responsive tender only. In such a situation, the contract may be placed to that bidder by the tendering authority, provided the quoted price is reasonable.
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CHAPTER-5: TERMS AND CONDITIONS OF THE BID
Note: All the conditions mentioned in this chapter shall be used during the evaluation of the bids and later, when the word is awarded to a firm as per the “Rate Contract”.
Definitions
For the purpose of clarity, the following words and expressions shall have the meanings hereby assigned to them: - a) “Contract” means the Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein. b) “Contract Documents” means the documents listed in the Agreement, including any amendments thereto. c) “Contract Price” means the price payable to the Supplier as specified in the Agreement, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract. d) “Day” means calendar day. e) “Delivery” means the transfer of the Goods from the Supplier to the Purchaser in accordance with the terms and conditions set forth in the Contract. f) “Completion” means the fulfilment of the Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract. g) “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials that the Supplier is required to supply to the Purchaser under the Contract. h) “Purchaser” means the entity purchasing the Goods and Related Services, as specified in the bidding document. i) “Related Services” means the services incidental to the supply of the goods, such as insurance, installation, training and initial maintenance and other similar obligations of the Supplier under the Contract. j) “Subcontractor” means any natural person, private or government entity, or a combination of the above, including its legal successors or permitted assigns, to whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted by the Supplier.
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RajCOMP Info Services Limited Final RFP for Rate Contract - Website Development k) “Supplier” means the natural person, private or government entity, or a combination of the above, whose bid to perform the Contract has been accepted by the Purchaser and is named as such in the Agreement, and includes the legal successors or permitted assigns of the Supplier. l) “The Site,” where applicable, means the place named in the bidding document.
A) General Conditions of the Bid 1) Income Tax, VAT/ Service Tax Registration and Clearance Certificate
No Dealer who does not hold a valid PAN from Income Tax department and who is not registered under the VAT/ Sales Tax and Service Tax Act prevalent in the State where his business is located shall tender. The VAT and Service Tax Registration Number should be quoted and a VAT and Service Tax clearance certificate from the Commercial Taxes Officer of the Circle concerned valid on the date of submission of tender shall be submitted without which the tender is liable to rejection.
2) Contract Documents
Subject to the order of precedence set forth in the Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory.
3) Interpretation
a) If the context so requires it, singular means plural and vice versa. b) Commercial Terms: The meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by commercial terms. All the terms shall be governed by the rules prescribed in the current edition of commercial terms, published by the Indian Chamber of Commerce at the date of the Invitation for Bids or as specified in the bidding document. c) Entire Agreement: The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of parties with respect thereto made prior to the date of Contract. d) Amendment: No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.
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e) No waiver: Subject to the condition (f) below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.
f) Any waiver of a party‟s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived. g) Severability: If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.
4) Language
a) The Contract as well as all correspondence and documents relating to the Contract exchanged by the Supplier/ Bidder and the Purchaser, shall be written in English language only or as specified in the special conditions of the contract. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the special conditions of the contract, in which case, for purposes of interpretation of the Contract, this translation shall govern. b) The Supplier/ Bidder shall bear all costs of translation to the governing language and all risks of the accuracy of such translation.
5) Notices
a) Any Notice given by one party to the other pursuant to the Contract shall be in writing to the address specified in the contract. The term “in writing” means communicated in written form with proof of receipt. b) A Notice shall be effective when delivered or on the Notice‟s effective date, whichever is later.
6) Governing Law
The Contract shall be governed by and interpreted in accordance with the laws of the Rajasthan State/ the Country (India), unless otherwise specified in the contract.
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7) Scope of Supply
a) Subject to the provisions in the bidding document and contract, the Goods and Related Services to be supplied shall be as specified in Scope of Work section of the bidding document and/ or as per the awarded work/ project. b) Unless otherwise stipulated in the Contract, the scope of supply shall include all such items not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining delivery and completion of the goods and related services as if such items were expressly mentioned in the Contract.
8) Delivery & Installation
a) Subject to the conditions of the contract, the delivery of the goods and completion of the related services shall be in accordance with the delivery and completion schedule specified in the bidding document and/ or as per the awarded work/ project. The details of supply/ shipping and other documents to be furnished by the Supplier are specified in the bidding document and/ or contract. b) The Contract for the supply can be repudiated at any time by the Purchase Officer, if the supplies are not made to his satisfaction after giving an opportunity to the bidder of being heard and recording the reasons for repudiation. c) The Supplier/ Bidder shall arrange to supply, install and commission the ordered materials/ system as per specifications within the specified delivery/ completion period at various departments and/ or their offices/ locations mentioned in purchase order. d) Shifting the place of Installation: The user will be free to shift the place of installation within the same city /town/ district/ division. The supplier shall provide all assistance, except transportation, in shifting of the equipment. However, if the city/town is changed, additional charges of assistance in shifting and providing maintenance services for remaining period would be decided mutually.
9) Supplier’s/ Bidder’s Responsibilities
The Supplier/ Bidder shall supply all the goods and related services included in the scope of supply in accordance with the provisions of bidding document and/ or contract.
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10) Purchaser’s Responsibilities
a) Whenever the supply of goods and related services requires that the Supplier/ Bidder obtain permits, approvals, and import and other licenses from local public authorities, the Purchaser shall, if so required by the Supplier/ Bidder, make its best effort to assist the Supplier/ Bidder in complying with such requirements in a timely and expeditious manner.
b) The Purchaser shall pay all costs involved in the performance of its responsibilities, in accordance with the general conditions of the contract.
11) Contract Price
a) The Contract Price shall be paid as specified in the contract subject to any additions and adjustments thereto, or deductions there from, as may be made pursuant to the Contract. b) Prices charged by the Supplier/ Bidder for the Goods delivered and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplier/ Bidder in its bid, with the exception of any price adjustments authorized in the special conditions of the contract.
12) Terms of Payment
a) The Supplier‟s/ Bidder‟s request for payment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, the goods delivered and related services performed, and by the documents submitted pursuant to general conditions of the contract and upon fulfilment of all the obligations stipulated in the awarded Contract. b) Payments shall be made promptly by the Purchaser as per the quoted rates and after submission of an invoice (in triplicate) for payment by the Supplier/ Bidder, and the Purchaser has accepted it. However, any delay in payment will not entitle the contractor for any compensation or form ground for extension in delivery period without liquidated damages. c) The currency or currencies in which payments shall be made to the Supplier under this Contract shall be Indian Rupees (INR) only. d) All remittance charges will be borne by the bidder. e) In case of disputes, 10 to 25% of the amount shall be withheld and will be paid only after settlement of the dispute. f) Payment in case of those goods/ products which need testing shall be made only when such tests have been carried out, test results received conforming to the prescribed specification.
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g) No advance payments will be made to any firm
13) Recoveries from Suppliers/ Bidders
a) Recovery of liquidated damages, short supply, breakage, rejected articles/ products shall be made from bills and/ or the first available opportunity.
b) The Purchase Officer shall withhold amount to the extent of short supply, broken/ damaged or for rejected articles/ products unless these are replaced satisfactorily. In case of failure to withhold the amount, it shall be recovered from his dues and performance security deposit available with the Company. c) The balance, if any, shall be demanded from the Supplier/ Bidder and when recovery is not possible, the Purchase Officer shall take recourse to law in force.
14) Taxes & Duties
a) The income tax, service tax, value added tax, etc. if applicable shall be deducted at source from the payment to the Supplier/ Bidder as per the law in force at the time of execution of contract. b) The entry tax, if applicable shall be deducted at source and deposited in the government treasury in proper revenue receipt head of account c) For goods/ products supplied from outside India, the Supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the country. d) For goods/ products supplied from within India, the Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted Goods to the Purchaser.
e) If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in India, the Purchaser shall use its best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable extent.
15) Performance Security Deposit a) In case of successful Supplier/ Bidder, the Earnest Money will be adjusted in arriving at the amount of the Performance Security Deposit.
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b) The Supplier/ Bidder shall, within fifteen (15) days of the notification of Contract award, provide a Performance Security deposit for the due performance of the Contract in the amounts and currencies specified in the contract.
c) The proceeds of the Performance Security deposit shall be payable to the Purchaser as compensation for any loss resulting from the Supplier‟s/ Bidder‟s failure to complete its obligations under the Contract. d) Form of Performance Security deposit: SD in the form of cash will not be accepted. It may be deposited in the form of Bank Draft or Banker‟s Cheque. The concerned Procurement Committee may also permit to accept full amount or part of SD in the form of a Bank Guarantee in case the amount of SD exceeds Rupees 10 Lacs. The other form of security money shall be Post-office Savings Bank Pass Book duly pledged or National Savings Certificates, Defence Savings Certificates. Kisan Vikas Patras, or any other script/ instrument under National Savings Schemes for promotion of small savings, if the same can be pledged. These certificates shall be accepted at surrender value.
e) Refund of Performance Security deposit: The Performance Security deposit shall be refunded within one month from the completion of supply and installation of items as per purchase order in case it is one time purchase and two months if delivery is staggered. It will, however, be refunded on the expiry of guarantee/ warranty period where there is condition of guarantee/ warranty and in case of turnkey projects and facility management service and consultancy contracts after two months of expiry of the term of the contract. f) Forfeiture of Performance Security deposit: Performance Security deposit shall be forfeited in the following cases: - i. When any terms and condition of the contract is breached. ii. When the Supplier/ Bidder fail to commence supply or stops making the supplies or fail to provide deliverables after partially executing the purchase/ work order. iii. To adjust any dues against the firm from any other contract with RISL. g) No interest will be paid by RISL on the amount of earnest money and performance security deposit. h) Proper notice will be given to the Supplier/ Bidder with reasonable time before earnest money/ performance security deposit is forfeited. i) Forfeiture of earnest money / performance security deposit shall be without prejudice to any other right of RISL to claim any damages as admissible under the law as well as to take such action against the Supplier/ Bidder such as severing future business relation or black listing, etc. Page 61 of 102
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16) Copyright
The copyright in all drawings, documents, and other materials containing data and information furnished to the Purchaser by the Supplier/ Bidder herein shall remain vested in the Supplier/ Bidder, or, if they are furnished to the Purchaser directly or through the Supplier/ Bidder by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party.
17) Confidential Information
a) The Purchaser and the Supplier/ Bidder shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party any documents, data, or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract. b) The Supplier/ Bidder may furnish to its Subcontractor such documents, data, and other information it receives from the Purchaser to the extent required for the Subcontractor to perform its work under the Contract, in which event the Supplier shall obtain from such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier. c) The Purchaser shall not use such documents, data, and other information received from the Supplier/ Bidder for any purposes unrelated to the Contract. Similarly, the Supplier/ Bidder shall not use such documents, data, and other information received from the Purchaser for any purpose other than the design, procurement, or other work and services required for the performance of the Contract. d) The obligation of a party under sub-clauses above, however, shall not apply to information that: - i. the Purchaser or Supplier need to share with the RISL or other institutions participating in the Contract; ii. now or hereafter enters the public domain through no fault of that party; iii. can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or iv. otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.
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e) The above provisions shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the supply or any part thereof. f) The provisions of this clause shall survive completion or termination, for whatever reason, of the Contract.
18) Sub-contracting
a) Unless otherwise specified in the Contract, the bidder shall not assign or sub-let his contract or any substantial part thereof to any other agency without the permission of Purchasing Authority. b) If permitted, the bidder shall notify the Purchaser in writing of all subcontracts awarded under the Contract if not already specified in the Bid. Subcontracting shall in no event relieve the Supplier from any of its obligations, duties, responsibilities, or liability under the Contract. c) Subcontracts shall comply with the provisions of bidding document and/ or contract.
19) Specifications and Standards
a) All articles supplied shall strictly conform to the specifications, trademark laid down in the tender form and wherever articles have been required according to ISI/ ISO/ other applicable specifications/ certifications/ standards, those articles should conform strictly to those specifications/ certifications/ standards. The supply shall be of best quality and description. The decision of the competent authority/ purchase committee whether the articles supplied conforms to the specifications shall be final and binding. b) Technical Specifications and Drawings
i. The Supplier/ Bidder shall ensure that the goods and related services comply with the technical specifications and other provisions of the Contract. ii. The Supplier/ Bidder shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser. iii. The goods and related services supplied under this Contract shall conform to the standards mentioned in bidding document and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the country of origin of the Goods.
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c) Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the bidding document. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Purchaser and shall be treated in accordance with the general conditions of the contract.
20) Inspection
a) The Purchase Officer or his duly authorized representative shall at all reasonable time have access to the suppliers premises and shall have the power at all reasonable time to inspect and examine the materials and workmanship of the goods/ equipment/ machineries/ product during manufacturing/ development process or afterwards as may be decided. b) The supplier shall furnish complete address of the premises of his factory, office, go-down and workshop where inspection can be made together with name and address of the person who is to be contacted for the purpose. In case of those dealers who have newly entered in business, a letter of introduction from their bankers will be necessary. c) After successful inspection it will be supplier‟s responsibility to dispatch and install the equipment/ product at respective locations without any financial liability to the Purchaser. However, supplies when received at respective locations shall be subject to inspection to ensure whether they conform to the required specification.
21) Testing charges
In case of test results showing that supplies are not upto the prescribed standards or specifications, the testing charges shall be payable by the bidder.
22) Rejection
a) Supplies not approved during inspection or testing shall be rejected and will have to be replaced by the bidder at his own cost within the time fixed by the Purchase Officer. b) If, however, due to exigencies of RISL‟s work, such replacement either in whole or in part, is not considered feasible, the Purchase Officer after giving an opportunity to the bidder of being heard shall for reasons to be recorded, deduct a suitable amount from the approved rates. The deduction so made shall be final. c) The rejected supplies shall be removed by the bidder within 15 days of intimation of rejection, after which Purchase Officer shall not be responsible for any loss, shortage or damage and Page 64 of 102
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shall have the right to dispose of such articles as he thinks fit, at the bidder‟s risk and on his account.
23) Extension in Delivery Period and Liquidated Damages (LD)
a) Except as provided under clause “Force Majeure”, if the Supplier/ Bidder fails to deliver any or all of the Goods or perform the Related Services within the period specified in the Contract, the Purchaser may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in the conditions of the Contract Price for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the percentage specified in the bidding document and/ or contract. Once the maximum is reached, the Purchaser may terminate the Contract pursuant to clause “Termination”. b) The time specified for delivery in the tender form shall be deemed to be the essence of the contract and the successful bidder shall arrange supplies within the specified period. c) Delivery and installation/ completion period may be extended with or without liquidated damages if the delay in the supply of goods or service is on account of hindrances beyond the control of the bidder. i. The supplier/ service provider shall request in writing to CMC giving reasons for extending the delivery period of service if he finds himself unable to complete the supply of goods or service within the stipulated delivery period or is unable to maintain prorate progress in the supply of goods or service delivery. This request shall be submitted as soon as a hindrance in delivery of goods and service occurs or within 15 days from such occurrence but before expiry of stipulated period of completion of delivery of goods and service after which such request shall not be entertained. ii. The CMC shall examine the justification of causes of hindrance in the delivery of goods and service and the period of delay occurred due to that and recommend the competent authority on the period of extension which should be granted with or without liquidated damages. iii. Normally, extension in delivery period of goods and service in following circumstances may be considered without liquidated damages: a. When delay has occurred due to delay in supply of drawings, designs, plans etc. if the RISL was required to supply them to the supplier of goods or service provider as per terms of the contract.
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b. When delay has occurred in supply of materials etc. if these were required to be supplied to the supplier or service provider by the RISL as per terms of the contract. iv. If the competent authority agrees to extend the delivery period/ schedule, an amendment to the contract with suitable denial clauses and with or without liquidated damages, as the case may be, shall be issued. The amendment letter shall mention that no extra price or additional cost for any reason, what so ever beyond the contracted cost shall be paid for the delayed supply of goods and service. v. It shall be at the discretion of the concerned authority to accept or not to accept the supply of goods and/ or services rendered by the contractor after the expiry of the stipulated delivery period, if no formal extension in delivery period has been applied and granted. The competent authority shall have right to cancel the contract with respect to undelivered goods and/ or service. vi. If RISL is in need of the good and/ or service rendered after expiry of the stipulated delivery period, it may accept the services and issue a letter of extension in delivery period with usual liquidated damages and denial clauses to regularize the transaction. d) In case of extension in the delivery and/ or installation/ completion period is granted with full liquidated damages, the recovery shall be made on the basis of following percentages of value of goods and/ or service which the bidder has failed to supply or complete : -
No. Condition LD %
Delay up to one fourth period of the prescribed period of delivery, a. 2.5 % successful installation and completion of work
Delay exceeding one fourth but not exceeding half of the prescribed b. 5.0 % period of delivery, successful installation and completion of work
Delay exceeding half but not exceeding three fourth of the prescribed c. 7.5 % period of delivery, successful installation and completion of work
Delay exceeding three fourth of the prescribed period of delivery, d. 10.0 % successful installation and completion of work i. Fraction of a day in reckoning period of delay in supplies, successful installation and completion of work shall be eliminated if it is less than half a day. ii. The value of stores and/ or services not received in prescribed time should be calculated carefully. The method of calculation for contracts which include multiple items of supply/ service in case individual value of each item is not taken in the tender should be generally given in the tender document and/ or the contract/ agreement. For example, in a contract to supply, install and commission equipment, the equipment may be supplied in time but
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may not be commissioned in time. How the apportionment of the total value of the contract will be done into value of the supplied equipment and the value of installation and commissioning should be mentioned in the contract. If not mentioned specifically, the total cost of supply and commissioning should be taken for imposing LD. iii. For turnkey projects in which cost of individual items is not known also, some apportionment formula should be given in the contract. If not given, the total value of the turnkey project shall become the basis for imposing LD, if due. iv. Similarly, care needs to be taken in calculating the value of services not delivered in time in case of services of continuing nature, for example, FMS or providing services of consultants/ professionals. In such cases, the value of services for the period that they were delayed can be taken as the value of services delayed. To illustrate this, if a consultant with a man month rate of Rs. 1 lakh per month is placed with a delay of two months, the value of services on which LD will be imposed as per table given above will be Rs. 2 Lakhs. v. The maximum amount of liquidated damages shall be 10%.
24) Warranty
a) The Supplier further warrants that the Goods shall be free from defects arising from any act or omission of the Supplier or arising from design, materials, and workmanship, under normal use in the conditions prevailing in the place of final destination. b) Unless otherwise specified in the contract, the comprehensive on-site warranty shall remain valid for three years after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the bidding document. The warranty on software media should be at least 90 days. c) The bidder would give comprehensive onsite warranty/ guarantee that the goods/ stores/ articles including machinery and equipment would continue to conform to the description and quality as specified for the period as mentioned the clauses above from the date of delivery & installation of the said goods/ stores/ articles to be purchased and that notwithstanding the fact that the purchaser may have inspected and/or approved the said goods/ stores/ article, if during the aforesaid period, the said goods/ stores/ articles be discovered not to conform to the description and quality aforesaid or have determined (and the decision of the Purchase Officer in that behalf will be final and conclusive), the purchaser will be entitled to reject the said goods/ stores/ articles or such portion thereof as may be discovered not to conform to the said description and quality, on such rejection the goods/ articles/ stores will be at the seller‟s
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risk and all the provisions relating to rejection of goods etc., shall apply. The bidder shall if so called upon to do, replace the goods etc., or such portion thereof as is rejected by Purchase Officer, otherwise the bidder shall pay such damage as may arise by the reason of the breach of the condition herein contained. Nothing herein contained shall prejudice any other right of the Purchase Officer in that behalf under this contract or otherwise.
d) The warranty of the supplies covered under one purchase order shall start from the date of last successful installation of the items covered under the PO or one month from the last due date of completion of installation, whichever is earlier. However, if delay of installation is more than a month‟s time due to the firm‟s own reasons, the warranty shall start from the date of last successful installation of the items covered under the PO. The firm, if facing any problem in installation, will immediately inform RISL in writing to resolve the issue. e) The Purchaser shall give Notice to the Supplier stating the nature of any such defects together with all available evidence thereof, promptly following the discovery thereof. The Purchaser shall afford all reasonable opportunity for the Supplier to inspect such defects.
f) Upon receipt of such Notice, the Supplier shall, within the period specified, expeditiously repair or replace the defective supplies or parts thereof, at no cost to the Purchaser. g) If having been notified, the Supplier fails to remedy the defect within the period specified, the Purchaser may proceed to take within a reasonable period such remedial action as may be necessary, at the Supplier‟s risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.
25) Patent Indemnity
a) The Supplier shall, subject to the Purchaser‟s compliance with sub-clause (b) below, indemnify and hold harmless the Purchaser and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney‟s fees and expenses, which the Purchaser may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of: - i. the installation of the Goods by the Supplier or the use of the Goods in the country where the Site is located; and ii. the sale in any country of the products produced by the Goods.
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Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant to the Contract. b) If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to above, the Purchaser shall promptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser‟s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. c) If the Supplier fails to notify the Purchaser within thirty (30) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free to conduct the same on its own behalf. d) The Purchaser shall, at the Supplier‟s request, afford all available assistance to the Supplier in conducting such proceedings or claim, and shall be reimbursed by the Supplier for all reasonable expenses incurred in so doing. e) The Purchaser shall indemnify and hold harmless the Supplier and its employees, officers, and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney‟s fees and expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Purchaser.
26) Limitation of Liability
Except in cases of gross negligence or wilful misconduct: - a) neither party shall be liable to the other party for any indirect or consequential loss or 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 the Supplier to pay liquidated damages to the Purchaser; and b) the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort, or otherwise, shall not exceed the amount specified in the Contract, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Supplier to indemnify the Purchaser with respect to patent infringement.
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27) Change in Laws & Regulations
Unless otherwise specified in the Contract, if after the date of the Invitation for Bids, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in Rajasthan/ India, where the Site is located (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Delivery Date and/ or the Contract Price, then such Delivery Date and/ or Contract Price shall be correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligations under the Contract. Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with Clause “Contract Price”.
28) Force Majeure
a) The Supplier shall not be liable for forfeiture of its Performance Security deposit, liquidated damages, or termination for default if and to the extent that it‟s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. b) For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplier. Such events may include, but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. c) If a Force Majeure situation arises, the contractor shall promptly notify the department in writing of such conditions and cause thereof within 15 days of occurrence of such event. Unless otherwise directed by RISL, the contractor shall continue to perform its obligations under the contract as far as reasonably practical. d) If the performance in whole or part or any obligation under the contract is prevented or delayed by any reason of Force Majeure for a period exceeding 60 days, either party at its option may terminate the contract without any financial repercussion on either side. e) In case a Force Majeure situation occurs with the RISL, the RISL may take the case with the contractor on similar lines.
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29) Change Orders and Contract Amendments
a) The Purchaser may at any time order the Supplier/ Bidder through Notice in accordance with clause “Notices” above, to make changes within the general scope of the Contract in any one or more of the following: - i. drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser; ii. the method of shipment or packing; iii. the place of delivery; and iv. the Related Services to be provided by the Supplier. b) If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier‟s/ Bidder‟s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery and Completion Schedule, or both, and the Contract shall accordingly should be amended. Any claims by the Supplier/ Bidder for adjustment under this clause must be asserted within thirty (30) days from the date of the Supplier‟s/ Bidder‟s receipt of the Purchaser‟s change order. c) Prices to be charged by the Supplier/ Bidder for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier/ Bidder for similar services.
30) Termination a) Termination for Default i. The tender sanctioning authority of RISL may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the contractor, terminate the contract in whole or in part: - a. If the contractor fails to deliver any or all quantities of the service within the time period specified in the contract, or any extension thereof granted by RISL; or b. If the contractor fails to perform any other obligation under the contract within the specified period of delivery of service or any extension granted thereof; or c. If the contractor, in the judgement of the Procuring Authority has engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the contract. d. If the contractor commits breach of any condition of the contract. ii. If RISL terminates the contract in whole or in part then amount of performance security deposit (PSD) and due payments, if any, will be forfeited.
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iii. Before cancelling a contract and taking further action, advice of senior most finance person available in the office and of legal adviser or legal assistant posted in the office, if there is one, may be obtained.
b) Termination for Insolvency RISL may at any time terminate the Contract by giving Notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to RISL.
c) Termination for Convenience
i. RISL, by Notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The Notice of termination shall specify that termination is for the Purchaser‟s convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective. ii. Depending on merits of the case the contractor may be appropriately compensated on mutually agreed terms for the loss incurred by the contract if any due to such termination. iii. The Goods that are complete and ready for shipment within twenty-eight (28) days after the Supplier‟s receipt of the Notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect: a. To have any portion completed and delivered at the Contract terms and prices; and/or b. To cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Related Services and for materials and parts previously procured by the Supplier.
31) Settlement of Disputes
a) General: If any dispute arises between the contractor / supplier and RISL during the execution of a contract that should be amicably settled by mutual discussions. However, if the dispute is not settled by mutual discussions, a written representation will be obtained from the contractor on the points of dispute. The representation so received shall be examined by the concerned Procurement Committee which sanctioned the tender. The Procurement Committee may take legal advice of a counsel and then examine the representation. The contractor will also be given an opportunity of being heard. The Committee will take a decision on the representation and convey it in writing to the contractor. Page 72 of 102
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b) Standing Committee for Settlement of Disputes: If a question, difference or objection arises in connection with or out of the contract agreement or the meaning of operation of any part, thereof or the rights, duties or liabilities of either party have not been settled by mutual discussions or the decision of tender sanctioning Procurement Committee, it shall be referred to the empowered standing committee for decision, if the amount of the claim is more than Rs. 50000/-. The standing committee shall consist of following members: - Chairman of BoD of RISL : Chairman Secretary, DoIT&C or his nominee, not below the rank of Deputy Secretary : Member Managing Director, RISL : Member Director (Technical)/ Executive Director, RISL : Member Director (Finance), RISL : Member A Legal Expert to be nominated by the Chairman : Member c) Procedure for reference to the Standing Committee: The contractor shall present his representation to the Managing Director, RISL along with a fee equal to two percent of the amount of dispute, not exceeding Rupees One Lacs, within three months from the date of communication of decision of the tender sanctioning Procurement Committee. The officer-in- charge of the project who was responsible for taking delivery of the goods and/ or service from the contractor shall prepare a reply of representation and shall represent the RISL‟s stand before the standing committee. From the side of the contractor, the claim case may be presented by himself or through a lawyer. After hearing both the parties, the standing committee shall announce its decision which shall be final and binding both on the contractor and RISL. d) Legal Jurisdiction: All legal proceedings arising out of any dispute between both the parties regarding a contract shall be settled by a competent court having jurisdiction over the place, where agreement has been executed and by no other court, after decision of the standing committee for settlement of disputes.
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Special Terms and Conditions
1) The whole work will be conducted onshore through various technical staff including but not limited to on-site project manager, analysts, senior and junior developers, testers etc. posted at RISL/ designated project sites assisting RISL projects on product development, system design and training, etc.
2) At the time of issuance of a work order, RISL may impose service level standards, which may be different for different projects. 3) The exact scope of work, deliverables, milestones and timelines shall be mutually decided later at an appropriate time looking to the requirements of the project. However, the decision of the tendering authority, in this regard, shall be final and binding upon the firm.
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ANNEXURE-1
TECHNICAL RESOURCES
Depending upon the nature and complexity of the Application Website work/ project assigned to the selected firm/ bidder under the “Rate Contract”, various technical resources would be required to be deployed on-site/ off-site by the firm/ bidder as per the details below.
S.No. Role Desirable Qualification and Experience 1 Web Master B.E/ B.Tech/ MCA (On-site) Having at least 5 years of post-qualification relevant work experience in design and development of customized IT applications 2+ years of experience in managing a team size of more than 5 developers in the capacity of Team Leader / Project Manager 3+ years experience working through the design, development, release (SDLC) cycle delivering website application projects Must have good understanding of Government Processes and IT automation initiatives in eGovernance Domain Responsible for analyzing the designated organization and design of businesses and government departments, assess business models and their integration with technology, assess business requirements, functional requirements, user requirements, QoS requirements, implementation requirements, report specifications, traceability matrix, etc. 2 Graphic designer Graduate with degree/diploma in designing/ Commercial Art/ etc (On-site) 2 + years of post-qualification relevant work experience Expertise in use of designing tools like Flash, Director etc Expertise in Image/Photo editing tools like Coral Draw/Photoshop, Paintshop, etc
3 Senior Developer/ B.E/ B.Tech / Masters Degree (CS/ CA/ IT) + Certification (Microsoft Programmer / DBA Certified Professional, IBM certification database administrator, (On-site) Oracle / Java certification database administrator etc.) 2+ years of post-qualification relevant work experience in IT application development projects Web Technology: MS .NET 2.0 / JSP / J2EE / PHP/ Ruby / Perl / Python etc.
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RDBMS: MS SQL / Oracle / Postgres/ MySQL Experience on working with Content Management System Assist the programmers and developers through designing, coding, testing, deploying, debugging, maintaining, and supporting client initiatives 4 Developer/ B.E/ B.Tech/ M.Sc (CS/ IT)/ MCA/ M.Tech Programmer/ Web Having at least 3+ years of post-qualification relevant work Designer/ Tester experience (On-site) Web Technology: MS .NET 2.0 / JSP / J2EE / PHP/ Ruby / Perl / Python etc. RDBMS: MS SQL / Oracle / Postres/ MySQL. Responsible for writing code, testing and debugging, etc. Prepare User / Admin Manual, Provide end user training etc. 5. MBA with excellent writing and communication skills Technical Resource for maintenance Having at least 2+ years of post-qualification relevant work and content experience management 6. Translator and Post graduate with language (English/Hindi) Linguistic expert Having at least 2+ years of post-qualification relevant work (English & Hindi) experience Technical Writing Skills in the Target Language
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ANNEXURE-2
TECHNICAL EVALUATION CHECKLIST
Package – A
S. No. List of Documents Supporting documents Annexed as 1. Covering Letter On Bidder‟s Letter head Anx-1
2. The Bidder must be an individual Company/ Firm Copy of the Company/ Firm‟s Anx-2 registered under Indian Company Act, 1956/ The Registration Certificate Partnership Act 1932. A bidding firm should be an individual corporation/ company. Consortium of companies/ firms is not allowed.
3. The Bidder should be a System Integrator (SI)/ Copy of the relevant Work Anx-3 Website Development firm and should be in Orders (any Two) between 01- operations in successful System Integration/ Apr-2008 and 31-Mar-2011. Website Development/ Website Customization & Implementation anywhere in India for at least Three Years as on 31-Mar-2011.
4. The Bidder must possess a valid: - Valid copy of all the mentioned/ Anx-4
i. Company registration certificate required Certificates.
ii. VAT/ Sales Tax Registration Certificate along with the Sales Tax clearance certificate of the last year
iii. Service Tax Registration Certificate
iv. Income Tax Registration/ PAN Number
5. The Bidder must possess a valid ISO 9001:2008 Valid copy of mentioned/ Anx-5 (For Quality Management System) /CMMi level 3 required Certificate(s). or higher
6. The Bidder should have successfully completed, Copies of the customer purchase Anx-6 during last 3 years, at least ONE assignment of orders/ contracts which should providing similar services i.e. website indicate the deliverables, development, deployment and customisation commissioning/ completion services in India where the value of the certificates and the scope of assignment should be at least Rs. 2.5 Lacs relevant assignments along with (Rupees Two Lacs and Fifty thousand ). CA audited certificate.
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OR
The Bidder should have successfully completed, during last 3 years, at least TWO assignments of providing similar services i.e. website development, deployment and customisation services in India where the value of each assignment should be at least Rs. 1.25 Lacs (Rupees One Lac Twenty Five Thousand).
7. The bidder must have a minimum strength of 5 Letter, in Original, from Anx-7 website professionals on their rolls having Company HR including the sufficient qualification and experience as details like Emp No., Emp Name, mentioned in Annexure-1. Designation, DOJ, PF Number.
8. The Bidder should deposit Earnest money along Copy of the EMD Receipt/ EMD Anx-8 with the Technical bid. The bid received without in the specified format. required Earnest money will be rejected.
9. The Bidder should have an average annual Copies of audited balance Anx-9 turnover from IT Website related services sheets/ profit & loss accounts/ (Website/web application Development/ Website annual reports of last three Customization & Implementation only) of at least financial years and CA Rs. 60 Lacs (Rupees Sixty Lacs Only) during Certificate. each of the last three financial years (2008-09, 2009-10, and 2010-11).
10. Bidder should have a positive net worth during the CA Certificate. Anx-10 last three financial years (2008-09, 2009-10, and 2010-11).
11. The Bidder should have a local support office at Address Proof of Local Office/ Anx-11 Jaipur. Undertaking regarding establishment of same within 2 months, if awarded the work.
12. The Bidder must submit documentary evidence in Undertaking to this effect shall Anx-12 support of their claim for fulfilling the eligibility be submitted by the bidder on criteria and they should submit an undertaking on his letter head. their letterheads to the fairness of these documents in support of their claim while submitting the Bids. The Bids received without
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documentary evidence will be rejected outright.
13. All other Annexures mentioned in this bid All the Annexures (in order), as Anx-13 document mentioned in this bid document
14. Any other document specified elsewhere in this Any other document specified Anx-14 bid document elsewhere in this bid document
. Package – B
S. No. List of Documents Supporting documents Annexed as 1. Covering Letter On Bidder‟s Letter head Anx-1
2. The Bidder must be an individual Company/ Firm Copy of the Company/ Firm‟s Anx-2 registered under Indian Company Act, 1956/ The Registration Certificate Partnership Act 1932. A bidding firm should be an individual corporation/ company. Consortium of companies/ firms is not allowed.
3. The Bidder should be engaged in Website/web Copy of the relevant Work Anx-3 application development & maintenance and Orders (any Two) between 01- Content Management and should be in operation Apr-2008 and 31-Mar-2011. & Implementation anywhere in India for at least Three Years as on 31-Mar-2011.
4. The Bidder must possess a valid: - Valid copy of all the mentioned/ Anx-4
i. Company registration certificate required Certificates.
ii. VAT/ Sales Tax Registration Certificate along with the Sales Tax clearance certificate of the last year
iii. Service Tax Registration Certificate
iv. Income Tax Registration/ PAN Number
5. The Bidder must possess a valid ISO Valid copy of mentioned/ Anx-5 9001:2008/CMMi level 3 or higher (For Quality required Certificate(s). Management System)
6. The Bidder should have successfully completed, Copies of the customer purchase Anx-6 during last 3 years, at least ONE assignment of orders/ contracts which should providing similar services i.e. website indicate the deliverables,
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development, deployment and customisation commissioning/ completion services in India where the value of the certificates and the scope of assignment should be at least Rs. 2.0 Lacs relevant assignments along with (Rupees Two Lacs). CA audited certificate.
OR
The Bidder should have successfully completed, during last 3 years, at least TWO assignments of providing similar services i.e. website development, deployment and customisation services in India where the value of each assignment should be at least Rs. 1.00 Lacs (Rupees One Lac).
7. The bidder must have a minimum strength of 5 Letter, in Original, from Anx-7 website professionals on their rolls having Company HR including the sufficient qualification and experience as details like Emp No., Emp Name, mentioned in Annexure-1. Designation, DOJ, PF Number.
8. The Bidder should deposit Earnest money along Copy of the EMD Receipt/ EMD Anx-8 with the Technical bid. The bid received without in the specified format. required Earnest money will be rejected.
9. The Bidder should have an average annual Copies of audited balance Anx-9 turnover from IT Website related services sheets/ profit & loss accounts/ (Website/web application Development/ Website annual reports of last three Customization & Implementation only) of at least financial years and CA Rs. 10 Lacs (Rupees Ten Lacs Only) during each Certificate. of the last three financial years (2008-09, 2009- 10, and 2010-11).
10. Bidder should have a positive net worth during the CA Certificate. Anx-10 last three financial years (2008-09, 2009-10, and 2010-11).
11. The Bidder must submit documentary evidence in Undertaking to this effect shall Anx-11 support of their claim for fulfilling the eligibility be submitted by the bidder on criteria and they should submit an undertaking on his letter head. their letterheads to the fairness of these documents in support of their claim while submitting the Bids. The Bids received without
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documentary evidence will be rejected outright.
12. All other Annexures mentioned in this bid All the Annexures (in order), as Anx-12 document mentioned in this bid document
13. Any other document specified elsewhere in this Any other document specified Anx-13 bid document elsewhere in this bid document
Package – C
S. No. List of Documents Supporting documents Annexed as 1. Covering Letter On Bidder‟s Letter head Anx-1
2. The Bidder must be an individual Company/ Firm Copy of the Company/ Firm‟s Anx-2 registered under Indian Company Act, 1956/ The Registration Certificate Partnership Act 1932. A bidding firm should be an individual corporation/ company. Consortium of companies/ firms is not allowed.
3. The Bidder should be a firm involved in the Copy of the relevant Work Anx-3 business of Translation and localisation Orders (any Two) between 01- services in English and Hindi anywhere in India Apr-2008 and 31-Mar-2011. for at least Three Years as on 31-Mar-2011.
4. The Bidder must possess a valid: - Valid copy of all the mentioned/ Anx-4
i. Company registration certificate required Certificates.
ii. VAT/ Sales Tax Registration Certificate along with the Sales Tax clearance certificate of the last year
iii. Service Tax Registration Certificate
iv. Income Tax Registration/ PAN Number
5. The Bidder should have successfully completed, Copies of the customer Anx-5 during last 3 years, assignments of providing purchase orders/ contracts similar services i.e. Translation and localisation which should indicate the services of at least 1000 pages in Hindi and in deliverables, commissioning/ India. completion certificates and the scope of relevant assignments
along with CA audited certificate. Also, the agency shall submit the proof of work
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done in the form of CD and certificate of successfully completed the assigned work from client.
6. The bidder must have a minimum strength of 5 Letter, in Original, from Anx-6 Translators including 2 linguistic experts on their Company HR including the rolls having sufficient qualification and experience details like Emp No., Emp Name, Designation, DOJ, PF Number.
7. The Bidder should deposit Earnest money along Copy of the EMD Receipt/ EMD Anx-7 with the Technical bid. The bid received without in the specified format. required Earnest money will be rejected.
8. The Bidder should have an average annual Copies of audited balance Anx-8 turnover from IT Website related services sheets/ profit & loss accounts/ (Website/web application Development/ Website annual reports of last three Customization & Implementation only) of at least financial years and CA Rs. 5 Lacs (Rupees Five Lacs Only) during each Certificate. of the last three financial years (2008-09, 2009- 10, and 2010-11).
9. Bidder should have a positive net worth during the CA Certificate. Anx-9 last three financial years (2008-09, 2009-10, and 2010-11).
10. The Bidder must submit documentary evidence in Undertaking to this effect shall Anx-10 support of their claim for fulfilling the eligibility be submitted by the bidder on criteria and they should submit an undertaking on his letter head. their letterheads to the fairness of these documents in support of their claim while submitting the Bids. The Bids received without documentary evidence will be rejected outright.
11. All other Annexures mentioned in this bid All the Annexures (in order), as Anx-11 document mentioned in this bid document
12. Any other document specified elsewhere in this Any other document specified Anx-12 bid document elsewhere in this bid document
Note: For all the packages ,the bidder/ firm is requested to kindly adhere to the order of documents as mentioned above. Also, all the required documents should be properly annexed as indicated above along with an Index Page with the Page numbers of the respective Annexures.
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ANNEXURE-3
PRE-BID QUERIES FORMAT
Name of the Company/Firm:
Tender Fee Receipt No. ______Dated______for Rs. ______/-
Name of Person(s) Representing the Company/ Firm:
Name of Person Designation Email-ID(s) Tel. Nos. & Fax Nos.
Company/Firm Contacts:
Contact Person(s) Address for Email-ID(s) Tel. Nos. & Fax Nos. Correspondence
Query / Clarification Sought:
S.No. RFP Page RFP Clause Clause Details Query/ Suggestion/ No. No. Clarification
Note: - Queries must be strictly submitted only in the prescribed format (.XLS/ .XLSX/ .ODF). Queries not submitted in the prescribed format will not be considered/ responded at all by the tendering authority. Also, kindly attach the coloured scanned copy of the receipt towards the submission of the bid document fee.
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ANNEXURE-4
BIDDER’S AUTHORIZATION CERTIFICATE
To, ______, ______, ______, ______,
Thanking you,
Name of the Bidder: - Verified Signature: Authorised Signatory: - Seal of the Organization: - Date: Place:
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ANNEXURE-5
SELF-DECLARATION – NO BLACKLISTING
To,
In response to the Tender Ref. No. ______dated ______for
If this declaration is found to be incorrect then without prejudice to any other action that may be taken, my/ our security may be forfeited in full and the tender if any to the extent accepted may be cancelled.
Thanking you,
Name of the Bidder: - Authorised Signatory: - Seal of the Organization: - Date: Place:
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ANNEXURE-6
CERTIFICATE OF CONFORMITY/ NO DEVIATION
To,
CERTIFICATE
This is to certify that, the specifications of Hardware & Software which I/ We have mentioned in the Technical bid, and which I/ We shall supply if I/ We am/ are awarded with the work, are in conformity with the specifications of the Tender document and that there are no deviations of any kind from the requirement specifications.
Also, I/ we have thoroughly read the tender document and by signing this certificate, we hereby submit our token of acceptance to all the tender terms & conditions without any deviations.
I/ We also certify that the price I/ we have quoted is inclusive of all the cost factors involved in the execution of the project, to meet the desired Standards set out in the Tender Document.
Thanking you,
Name of the Bidder: - Authorised Signatory: - Seal of the Organization: - Date: Place:
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ANNEXURE-7 FINANCIAL BID FORMAT
Date: ______
To, The Managing Director, RajCOMP Info Services Limited (RISL), Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)
Dear Sir, Having examined the Bidding Document, the receipt of which is hereby duly acknowledged, I/ we, the undersigned, offer to work as “Website Development Agency” under “Rate Contract” as per the defined Scope of the work & in conformity with the said bidding document for the same. We will charge the Department on a “per man-month basis” as per the price quoted below:-
Package I-A
Role Total Rate Service Tax/ Other Total Rate (in Rupees) Taxes including Taxes (as applicable) (in (in Rupees/ Month) Rupees/ Month) [A] [C=A+B] [B] Development of Basic website of the department as per GIGW 1. Upto 25 pages 2. Upto 50 pages 3. Upto 100 pages
Note: The above prices for development of basic website should be inclusive with one year maintenance support after go-live.
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Package I-B (Development of module using database)
Role Per Man Month Service Tax/ Other Total Per Man Rate Taxes Month Rate (in Rupees/ Month) (as applicable) (in including Taxes Rupees/ Month) (in Rupees/ Month) [A] [B] [C=A+B] Incorporating dynamic web enabled module using database
Web Master
Graphic Designer
Senior Developer/ Programmer
Developer/ Programmer
Note : Order would be placed on the basis of actual man month efforts (role wise) estimated by RISL.
Package I-C (Individual component wise rate to meet the additional requirements of the department) Code Description Cost (in INR) Cost (in INR) in words Per page (A4 size) cost of static- Bilingual pages (English & Hindi) A. with integration of photos & document creation* Per man hour cost of design, development and incorporating B. high end graphic animations on the website, web applications or web portals Cost of digitizing and C. incorporating Audio on the website per clip upto one minute Cost of digitizing and D. incorporating Video on the website per clip upto one minute Cost for making website/web E. portal capable for Online Audio/Video Streaming F. Per man day cost for training *One A4 size page is considered as both English and Hindi pages of the particular page.
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Package I-D ( Maintenance of website for one year after go live & 1 year successful maintenance support ):
Maintenance Type
Offsite Maintenance % of website development cost
One Developer/ Programmer Cost for 12 Onsite Maintenance months
Package B: (Website maintenance and Content Management Services)
Service / Item Per Man Month Taxes Total per Man Rate (in Rupees/ Month) month rate
Technical Resource for maintenance and content management
Package-C (Translation)
Rate Total Rate Service A4 Size Page Service Tax A4 Size Page (300 to 350 words) (300 to 350 words) Translation / Editing / Correction
/ Data entry
1) I/ We undertake that the prices are in conformity with the specifications/ requirements prescribed. The per man-month quote is inclusive of all cost likely to be incurred for executing this work. The prices are inclusive of all type of govt. taxes/ duties. 2) I/ We undertake, if our bid is accepted, to deliver the services in accordance with the requirements of RISL/ designated department.
3) If our bid is accepted, we will give the Performance Security of Rs. ______for the due performance of the Contract, in the form prescribed by RISL.
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4) I/ We agree to abide by this bid for a period of 180 (One Hundred Eighty only) days after the last date fixed for bid submission and it shall remain binding upon us and may be accepted at any time before the expiry of that period. 5) Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us.
6) We understand that you are not bound to accept the lowest or any bid you may receive. 7) We agree to the terms & conditions mentioned in the Tender document.
Date: ______Place: ______Signature (in the capacity of): ______Authorized Signatory: ______Seal of the Company/Firm: ______
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LI CALCULATION FOR PACKAGE I-B :
A) Sample Financial Bid
Role Per Man Month Service Tax/ Other Total Per Man Rate Taxes Month Rate (in Rupees/ Month) (as applicable) (in including Taxes Rupees/ Month) (in Rupees/ Month) [A] [B] [C=A+B]
Web Master 35,000/- 3616/- 38616/-
Graphic Designer 25,000/- 2575/- 27575/-
Senior Developer/ Programmer 25,000/- 2575/- 27575/-
Developer/ Programmer 20,000/- 2060/- 22060/-
B) LI Calculation
Role Total Per Man Efforts in % Calculated Rate Month Rate (Per Resource for including Taxes one month effort)
(in Rupees/ Month) [D] [C=A+B] [E]
Package I : (Website Development and Maintenance)
Web Master 38616/- 25% 9654/-
Graphic Designer 27575/- 25% 6894/-
Senior Developer/ Programmer 27575/- 20% 5515/-
Developer/ Programmer 22060/- 30% 6618/-
Total 28681/-
Website Development (60%) 17209/-
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Maintenance Efforts : (for 12 months)
Maintenance Type
Offsite Maintenance % of website development cost
One Developer/ Programmer Cost for 12 Onsite Maintenance months Note:
The bidder quoting lowest for – (60% of website development cost + 20% of offsite development cost + 20% of onsite development cost) would be treated as lowest bidder.
The efforts in % as shown above are indicative only and shall be used for the purpose of L1 calculation. Actual efforts shall be mutually decided later at an appropriate time.
Role Total Per Man Efforts in % Calculated Rate Month Rate (Per Resource for including Taxes one month effort)
(in Rupees/ Month) [D] [C=D+E] [E]
Package II : (Website maintenance and Content Management Services)
Technical Resource for maintenance and content 100% management
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ANNEXURE-8
DRAFT AGREEMENT FORMAT
1) An agreement made this__ (enter date of Agreement)__between__(enter your firm’s name & address)__(hereinafter called "the approved supplier", which expression shall, where the context so admits, be deemed to include his heirs, successors, executors and administrators of the one part and the "RISL" which expression shall, where the context so admits, be deemed to include his successors in office and assigns of the other part. 2) Whereas the approved supplier has agreed with the RISL to supply to the Managing Director, RISL, Yojana Bhawan, Jaipur on behalf of (enter name of client organisation) to its various Offices as well as at its branch offices throughout Rajasthan, all those articles set forth in Our Order No .______Dated ______appended hereto in the manner set forth in the conditions of the tender and contract appended herewith and at the rates set forth in the said order. 3) And whereas the approved supplier has deposited a sum of Rs.______in the form of: - a) Cash/ Bank Draft No./ Banker Cheque No.______dated.______valid upto ______. b) Post Officer Savings Bank Pass Book duly hypothecated to the Departmental authority. c) National Savings Certificates / Defence Savings Certificates / Kisan Vikas Patras or any other script / instrument under National Saving Schemes for promotion of Small Savings, if the same can be pledged under the relevant rule. (The certificates being accepted at surrender value) as security for the due performance of the aforesaid agreement which has been formally transferred to RISL. 4) Now these Presents witness: a) In consideration of the payment to be made by the RISL through cheque/DD at the rates set forth in the Supply Order hereto appended the approved supplier will duly supply the said articles set forth in Our Order No.______dated ___/___/20___ thereof in the manner set forth in the NIT, Tender Form, Instructions to Bidders, Terms of Reference, General and Special Conditions of the Tender and Contract, Technical Bid and Financial Bid along with their enclosures. b) The NIT, Tender Form, Instructions to Bidders, Terms of Reference, General and Special Conditions of the Tender and Contract, Technical Bid and Financial Bid along with their enclosures enclosed with the Tender Notice No._____ dated.___/___/20___ and also appended to this agreement will be deemed to be taken as part of this agreement and are binding on the parties executing this agreement
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c) Letter Nos.______dated ______received from bidder and letter number ______dated______issued by the RISL and appended to this agreement shall also form part of this agreement. d) (i) The RISL do hereby agree that if the approved supplier shall duly supply the said articles in the manner aforesaid observe and keep the said terms and conditions, the RISL will through Cheque/ DD pay or cause to be paid to the approved supplier at the time and the manner set forth in the said conditions, the amount payable for each and every consignment. (ii) The mode of Payment will be as specified in the bid document. 5) The delivery including installation, commissioning, testing and acceptance shall be effected and completed within the period as specified in the Supply Order. 6) In case of extension in the delivery and/ or installation period / completion period with liquidated damages, the recovery shall be made on the basis of following percentages of value of stores/ works which the bidder has failed to supply or complete the work: - a) Delay up to one fourth period of the prescribed delivery period, successful 2.5% installation & completion of work b) Delay exceeding one fourth but not exceeding half of the prescribed delivery 5.0% period, successful installation & completion of work. c) Delay exceeding half but not exceeding three fourth of the prescribed delivery 7.5% period, successful installation & completion of work. d) Delay exceeding three fourth of the prescribed delivery period, successful 10.0% installation & completion of work.
Note: a) Fraction of a day in reckoning period of delay in supplies/ maintenance services shall be eliminated if it is less than half a day. b) The maximum amount of agreed liquidated damages shall be 10%. c) If the supplier requires an extension of time in completion of contractual supply on account of occurrence of any hindrances, he shall apply in writing to the authority which had placed the supply order, for the same immediately on occurrence of the hindrance but not after the stipulated date of completion of supply. Delivery period may be extended with or without liquidated damages if the delay in the supply of goods in on account of hindrances beyond the control of the bidder. If the approved supplier fails in providing on-site maintenance services/preventive maintenance within the scheduled time/period, then a penalty @ Rs.500/- per system per day shall be charged for each subsequent day after the specified period. 7) Warranty shall be provided by the bidder as per Conditions of Contract. Page 94 of 102
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8) All disputes arising out of this agreement and all questions relating to the interpretation of this agreement shall be decided by the RISL and the decision of the RISL shall be final.
In witness whereof the parties hereto have set their hands on the _____ day of _____ (Year).
Signature of the Approved Signature for and on behalf of supplier MD, RISL
Designation: Date: Date:
Witness No.1 Witness No.1 Witness No.2 Witness No.2
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ANNEXURE-9
PERFORMANCE BANK GUARANTEE
(To be stamped in accordance with Stamp Act)
To,
______,
______,
______,
______,
1. Against contract vide advance acceptance of the Tender covering “NIT/ RFP Reference No. ______Dated ______and Project Titled ______” (hereinafter called the said 'contract') entered into between
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4. It is fully understood that this guarantee is effective from the date of the said contract and that we ______Bank Ltd, undertake not to revoke this guarantee during its currency without the consent in writing of the Purchaser. 5. We undertake to pay to the Purchaser any money so demanded notwithstanding any dispute or disputes raised by the Bidder in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present bond being absolute and unequivocal. 6. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Bidder shall have no claim against us for making such payment. 7. We ______Bank Ltd, further agree that the Purchaser shall have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the Bidder from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Bidder and to forebear or enforce any of the terms and conditions relating to the said contract and we, ______Bank Ltd., shall not be released from our liability under this guarantee by reason of any such variation or extension being granted to the said Bidder or for any forbearance by the Purchaser to the said Bidder or for any forbearance and or omission on the part of the Purchaser or any other matter or thing whatsoever, which under the law relating to sureties, would, but for this provision have the effect of so releasing us from our liability under this guarantee. 8. This guarantee will not be discharged due to the change in the constitution of the Bank or the Bidder.
WITNESS NO. 1 Authorised Bank Representative
------
(Signature) (Signature)
Full name and official Full name, designation and
Address (in legible letters) address (in legible letters) with Bank stamp
WITNESS NO. 2
------Attorney as per power of
(Signature) Attorney No......
Full name and official Dated………………….
Address (in legible letters)
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ANNEXURE-10 COMPLIANCE MATRIX as per GIGW Guidelines
S No. Guide Lines 1. Government of India Identifiers 1 Association to Government is demonstrated by the use of Emblem/Logo, prominently displayed on the homepage of the website 2 Ownership information is displayed on homepage and on all important entry pages of the website. 3 Complete and self explanatory title of the homepage (appearing on the top bar of the browser) is provided. 4 Website is registered under 'gov.in' or ' nic.in' domain. 5 Website provides a prominent link to the 'National Portal' from the Home page and pages belonging to National Portal load in new browser window 2. Building Confidence 6 Website has a Copyright Policy, prominently displayed on the homepage. 7 Due permission have been obtained for publishing any content protected by copyright. 8 Source of all documents, whether reproduced in part or full, is mentioned. 9 Website has a comprehensive Hyper Linking Policy 10 Clear indication is given when a link leads out to a non government website. 11 The mechanism is in place to check the accuracy of Hyperlinked Content. 12 Mechanism is in place to ensure that there are no 'broken links' (internal as well as external) or 'Page not found' errors. 13 Website has comprehensive Terms and Conditions statements, linked from all important pages. 14 Terms & Conditions disclaims responsibility of the content sourced/ linked from non Government website and clearly indicates whether information available on the site can be used for legal purposes or not. 15 Website has a Privacy Policy linked from all the relevant pages. 16 All electronic commerce transactions are handled through secure means. 3. Scope of Content : Primary Content
About us 17 All information about the department, useful for the citizen and other stakeholders, is present in ' About Us' section and mechanism is in place to keep the information up to date Schemes 18 The complete title of the Scheme is reflected.
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19 The website provides a complete description of the scheme along with the procedure for obtaining the associated benefits. 20 The validity of the scheme has been mentioned. Services 21 Self explanatory title of the services is published. 22 The website provides a complete description of the service along with the procedure to apply for/avail the same. Forms 23 The website provides the complete title of the form along with the purpose it is used for 24 Language of the Form (other than English) is mentioned clearly. Acts 25 The complete title of the Act (as written in the official notification) is mentioned. Documents 26 The complete title of the document is mentioned on the website. 27 The language of the Document (other than English) is mentioned clearly. 28 Validity of the Circular/ notification is mentioned. Circulars and Recruitment 29 The official title of the Circular /Notification is mentioned. 30 Validity of the Circular/ notification is mentioned. Tenders and Recruitment 31 Mechanism in place to ensure that all Tender / Recruitment Notices issues by the Department are published on the website. 32 Website provides a complete description of the Tender / Recruitment notice along with the procedure to apply for the same 33 Mechanism is in place to ensure that information on old / irrelevant Tender / Recruitment notices is removed or moved into the archive section News and Press Release 34 News / Press releases are displayed along with the date and these are organized as per the archival policy of the website Contact Us 35 Website has a 'Contact Us' page, linked from the home page and all relevant places in the website . 36 The complete contact details of important functionaries in the Department are given in the 'Contact Us' section Presence on the National Portal 37 Mechanism is in place to ensure that all the Citizen Services, Forms, Documents and Schemes are registered with the respective repositories of the National Portal.
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Scope of Content : Secondary Content
38 Mechanism is in place to ensure that all outdated announcements are removed from the website or moved to archive 39 All Discussion Forum on the website are moderated. 40 For every related link, the complete URL of the Home Page/concerned webpage is provided. Scope of Content : Tertiary Content 41 Feedback is collected through online forms and mechanism is in place to ensure timely response to feedback/queries received through the website. 42 The website has a readily available Help section 43 Complete information including title, size (playing time for audio/video), format, usage instructions and plug-in to view the file is provided for downloadable material including documents. 44 Mechanism is in place to ensure that all downloadable material is free from virus. 45 Minimum content as prescribed in the guidelines is present on the homepage. 46 Subsequent pages of the website have the minimum content as prescribed in the guidelines. 47 Website is free from offensive / discriminatory language. 4. Quality of Content 48 Content is compiled and packaged with citizen orientation. 49 The Department has a Content Contribution, Moderation and Approval Policy (CMAP) for the Websites. 50 Home Page and every important entry page of website display the last updated / reviewed date. 51 Department has a Content Review Policy (CRP) for the website. 52 All Documents / Reports have a time stamp at least on the main page. 53 The Departments have a clearly laid out Content Archival Policy (CAP) for the website. 54 Clear and simple language has been used throughout the website. 55 The language is free from spelling and grammatical errors. 56 Whenever there is a change in the language of a web page it has been clearly indicated. 57 Consistency in nomenclature is maintained across the website. 58 All information, which is of direct importance to the citizen, is accessible from the Homepage. 59 Information structure and relationship is preserved in all presentation styles. 60 The meaningful reading sequence is preserved in all presentation styles. 61 Documents / pages in multiple languages are updated simultaneously. 5. Design 62 Visual/textual identity elements highlighting the Government's ownership of the website are prominently placed on the page. 63 A consistent page layout has been maintained throughout the website
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64 National identity symbols like Flag, National Emblem etc., are in a proper ratio and colour. 65 Hindi/ regional language fonts have been tested on popular browsers for any inconsistency (loss of layout) 66 Web Pages allow resizing of text without the use of assistive technology. 67 Text is readable both in electronic and print format and the page prints correctly on an A4 size paper. 68 There is adequate contrast between text and background colour. 69 All information is conveyed with colour is also available without colour. 70 Alternate text is provided for non text elements (e.g. images). 71 Websites provide textual description of audio / video clips and multimedia presentation. 72 Caption has been provided for all important audio content. 73 Web pages do not contain any content that flashes for more than three times in a second. 74 There is a mechanism to control scrolling, blinking content. 75 There is a mechanism to control (stop, pause….) audio that starts automatically. 76 All pages on the website have a link to the home page. 77 The positioning and terminology used for navigation items and navigation scheme is consistent across the website. 78 There are no links to 'under construction' pages. 79 Each page is a standalone entity in terms of ownership, navigation and context of content. 80 Web pages allow the user to bypass repeated blocks of content. 81 Website has either a "search" box or a link to a "search" page from every page of the website . 82 Website has an up to date Site Map that is linked to the Home Page as well as to all important entry pages of the website . 83 If the site uses frames, each frame is properly titled. 6. Development
84 Website uses Cascading Style sheets to control layouts/styles 85 Website is readable even when sheets are switched off or not loaded. 86 Web pages are usable even when scripts, applets etc are turned off. 87 Documents are provided either in HTML or other accessible formats. Instruction / Download details for viewing these formats are provided. 88 In content implemented using mark up languages, the elements have been use according to specification. 89 Labels have been provided when content requires input from the users. 90 Time limit for time dependent web functions can be adjusted by the user (also refer exceptions). 91 Instructions for operating/ understanding content do not rely solely on characteristics like shape,
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size, location etc. 92 All input errors are flashed in text. 93 Functionality of content is operable through keyboard. 94 Focus is not trapped in any component while navigating through keyboard only. 95 Purpose of each link is clear to the user. 96 When any component receives focus it does not initiate change in context. 97 Changing the setting of a component does not change the context unless the user has been informed of the same. 98 Metadata for pages like title, keywords, description and language is appropriately included. 99 Data tables have been provided with necessary tags / mark up. 100 All components receive focus in an order that preserves the meaning / operation. 101 Role of all interface components can be programmatically determined. 102 The websites have been tested on multiple browsers. 103 Websites has cleared Security Audit by certificate agency and has a Security Policy. 7. Website Hosting 104 Websites are accessible to the intended audience in an efficient and secure manner on 24 x 7 basis. 105 The hosting Service Provider possesses state-of-the art multi-tier security infrastructure as well as devices such as firewall and intrusion prevention system. 106 The hosting Service Provider has redundant server infrastructure for high availability. 107 The hosting service provided performs regular backup of the web site. 108 The Hosting Service Provided has a Disaster Recovery (DR) Centre in a geographically distance location and a well crafted DR plan for the website . 109 Website Hosting Provider provides Helpdesk & Technical support on 24x7x 365 basis. 110 All possible secure measures have been taken to prevent defacement/ hacking of the website and the Department has been contingency plan in place for situation like these. 8. Website Promotion 111 Website ranks in the first five results on major search engines when searched with relevant keywords. 112 It has been ensured that all stationery of the department as well as advertisements/ public messages issued by the concerned Department prominently display the URL of the website . 9. Website Management 113 Department has nominated a Web Information Manager as defined in the guidelines. 114 The websites has a website monitoring policy. 115 All policies and plans are approved by Head of Department.
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