RFP for UMANG-Min.Pdf
RFP NO. – NEGD/04-09/2016
Invitation to Bid For Appointment of Partner Agency for Unified Mobile App for New-age Governance (UMANG)
Published By
4th Floor, Electronics Niketan,
6 CGO Complex, New Delhi 110003
Part 1
Glossary ...... 11 1 Purpose of the document ...... 14 2 Introduction ...... 14 2.1 Digital India ...... 14 2.2 UMANG ...... 16 3 Objectives...... 16 4 Scope ...... 17 4.1 Overview ...... 17 4.2 Mobile Back-end as a Service (mBaas) ...... 18 4.3 Integration with other Mobile Applications ...... 19 4.4 Mobile based authentication ...... 19 4.5 Connectivity with Telecom Service Providers (TSPs) ...... 20 4.6 Security and Compliances ...... 20 4.7 Payment Gateway ...... 21 4.7.1 Convenience Fees ...... 21 4.8 Ease of Use and Branding ...... 21 4.9 Aggregation ...... 22 4.10 Hosting and Deployment ...... 22 4.11 Reporting and Configurability ...... 23 4.12 Operations and Maintenance ...... 23 4.12.1 Change Requests ...... 24 4.13 Documentation and Training ...... 24 4.14 Citizen (G2C) Services...... 25 4.15 Application enablement or Application on-boarding ...... 25 4.15.1 Application enablement process ...... 25 5 UMANG Architecture ...... 27 5.1 Design Principles for UMANG ...... 27 5.1.1 User Centric ...... 27 5.1.2 Heterogenous and Interoperable ...... 27
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5.1.3 Sustainable and Scalable ...... 28 5.1.4 Pluggable and Loosely coupled Components ...... 28 5.1.5 Easy On-boarding ...... 28 5.1.6 Address privacy concerns ...... 29 5.1.7 Analytics ...... 29 5.1.8 Multi-Language Support ...... 29 5.1.9 Security ...... 29 5.1.10 Easy integration with external interfaces ...... 29 5.2 Components of UMANG ...... 30 5.2.1 Integration with Telecom Service Providers (TSPs) ...... 30 5.2.2 Security & Authentication ...... 32 5.2.3 Integration with External Platforms/Applications ...... 32 5.2.4 Transaction Management module ...... 33 5.2.5 Marketing & Promotions Module ...... 34 5.2.6 Common API Integration Layer ...... 34 5.2.7 Workflow ...... 35 5.2.8 Functional and Data Security ...... 35 5.2.9 Remote Application Monitoring (RAM) ...... 35 5.2.10 Analytics, MIS Reporting and Dashboard ...... 36 5.2.11 Customer Support / SLA Monitoring / Application Management ...... 36 6 UMANG Features and Functionalities ...... 37 6.1 Portal and App Design, UI/UX ...... 37 6.1.1 Compliance to Guidelines Indian Government Websites ...... 38 6.1.2 Optimized Application Start-up Time ...... 38 6.1.3 Minimize Perceived Latency ...... 38 6.1.4 Design for Multiple Interaction Methods ...... 39 6.1.5 Preserve Focus on Dynamic Page Updates ...... 39 6.1.6 Use Fragment IDs to Drive Application View ...... 39 6.1.7 Make Telephone Numbers "Click-to-Call" ...... 39 6.1.8 Ensure Paragraph Text Flows ...... 40 6.1.9 Ensure Consistency of State between Devices ...... 40 6.1.10 Consider Mobile Specific Technologies for Initiating Applications ...... 40
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6.1.11 Use Meta Viewport Element to Identify Desired Screen Size ...... 40 6.2 User Profile...... 40 6.3 Service Channels ...... 41 6.3.1 Smart Client App ...... 41 6.3.2 Mobile Web ...... 42 6.3.3 Low bandwidth support ...... 43 6.3.4 Pull SMS ...... 43 6.3.5 Push SMS ...... 43 6.3.6 IVR (both Inbound and Outbound) ...... 44 6.3.7 Call Centre for handling IVR queries ...... 45 7 Implementation Approach ...... 45 8 Indicative Applications List...... 46 9 Commercial Structure ...... 47 9.1 Commercial Structure Components ...... 47 9.2 Platform Fee ...... 47 9.3 Platform Fee payment milestones ...... 48 9.4 Platform Enablement ...... 48 9.5 Application Enablement / On-boarding ...... 49 9.5.1 Enablement of channels...... 49 9.5.2 Enablement of Payment ...... 49 9.6 Application enablement Fees ...... 50 9.6.1 Without API Development (A) ...... 50 9.6.2 With API Development Cost (B) ...... 50 9.6.3 Pro-rata payment ...... 51 9.7 Application enablement target ...... 51 9.8 SMS Charges for successful transactions ...... 51 9.9 Infrastructure and other costs ...... 51 9.10 Convenience Fees ...... 52 9.11 Annual Maintenance Charge ...... 52 9.12 Enabling citizen centric Services offered by private entities...... 52 10 Responsibility Matrix ...... 52 11 Transactions Estimates (Indicative) ...... 55
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12 Roles and Responsibilities ...... 55 12.1 Partner Agency ...... 55 12.2 National e-Governance Division (NeGD) ...... 57 12.3 Integrating Departments ...... 59 13 Instructions to Bidder ...... 60 13.1 Tentative Calendar of Events ...... 60 13.2 RFP Document Fees ...... 60 13.3 Pre-Bid Conference ...... 60 13.4 Response to Bidder’s Queries ...... 61 13.5 Supplementary Information / Corrigendum / Amendment to the RFP ...... 62 13.6 Proposal Preparation Costs ...... 62 13.7 NeGD’s Right to terminate the Process ...... 62 13.8 Earnest Money Deposit (EMD) ...... 63 13.9 Authentication of Bids ...... 64 13.10 Interlineations in Bids ...... 64 13.11 Venue & Deadline for submission of proposals ...... 64 13.12 Late Bids ...... 64 13.13 Bid Submission Instructions ...... 64 13.14 Mode of Submission ...... 64 13.15 Commercial Proposal ...... 68 13.15.1 Correction of Error ...... 68 13.15.2 Prices and Price Information ...... 69 13.16 Language of Proposals ...... 70 13.17 Conditions under which this RFP is issued ...... 70 13.18 Rights to the Content of the Proposal ...... 71 13.19 Modification and Withdrawal of Proposals ...... 71 13.20 Non-Conforming Proposals ...... 71 13.21 Disqualification ...... 72 13.22 Conflict of Interest ...... 73 14 Bidding and Evaluation Process ...... 73 14.1 Eligibility Criteria ...... 73 14.2 Evaluation Criteria ...... 75
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14.2.1 Technical Evaluation Criteria...... 75 14.2.2 Financial Evaluation ...... 78 14.3 Negotiations, Contract Finalization and Award ...... 79 14.4 NeGD’s Right to Accept Any Proposal or Reject any or all proposals ...... 79 15 Award of Contract ...... 80 15.1 Award Criteria ...... 80 15.2 NeGD’s Right to Accept Any Proposal and to Reject Any or All Proposals ...... 80 15.3 Signing of Contract ...... 80 16 Payment Terms and Schedules ...... 81 16.1 Ownership ...... 81 16.2 Performance Security ...... 81 16.3 Liquidated Damages ...... 81 16.4 Limitation of liability ...... 82 17 Timelines ...... 83 18 Service Level Agreement (SLA) ...... 84 18.1 Introduction ...... 84 18.2 Service Delivery SLA ...... 84 18.3 Platform Availability ...... 84 18.4 Performance ...... 85 18.5 Customer Support ...... 85 18.6 Severity Levels & Penalty ...... 85 18.6.1 SEVERITY LEVEL ...... 85 18.6.2 PENALTY ...... 86 18.7 Application Performance SLA ...... 87 18.8 Availability of Services SLA ...... 88 18.9 Service Quality SLA(Indicative) ...... 89 18.10 Help Desk SLA ...... 90 18.11 Software Delivery (Change Request) SLA...... 91 19 Payment Schedule...... 92 End of Part 1 ...... 92 1 Definitions and Interpretations ...... 94 1.1.1 Definitions ...... 94
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1.1.2 Interpretation ...... 100 1.1.3 Measurements and Arithmetic Conventions ...... 101 1.1.4 Ambiguities within Agreement ...... 101 1.1.5 Scope of the Project ...... 102 1.1.6 Terms & Duration of the Project ...... 102 1.2 Conditions Precedent & Effective Date ...... 103 1.2.1 Provisions to take effect upon fulfilment of Conditions Precedent ...... 103 1.2.2 Conditions Precedent of the Partner Agency ...... 103 1.2.3 Extension of time for fulfilment of Conditions Precedent ...... 103 1.2.4 Non-fulfilment of the Partner Agency’s Conditions Precedent ...... 103 1.3 Obligations under the SLA...... 104 1.4 Representations and Warranties ...... 106 1.4.1 Representations and warranties of the Partner Agency ...... 106 1.4.2 Representations and warranties of NeGD or its nominated agencies ...... 108 1.5 Obligations of the Partner Agency ...... 110 1.6 Approvals and Required Consents ...... 110 1.7 Use of Assets by the Partner Agency ...... 111 1.8 Access to NeGD or its Nominated Agencies Locations ...... 112 1.9 Management Phase ...... 113 1.9.1 Governance ...... 113 1.9.2 Use of Services ...... 114 1.9.3 Changes ...... 114 1.9.4 Security and Safety...... 114 1.9.5 Cooperation ...... 115 1.10 Finances ...... 115 1.10.1 Terms of Payment and Service Credits and Debits ...... 115 1.10.2 Invoicing and Settlement ...... 116 1.10.3 Tax ...... 117 1.11 Termination ...... 118 1.11.1 Material Breach: ...... 118 1.12 Effects of termination ...... 119 1.12.1 Termination of this Agreement due to bankruptcy of Partner Agency ...... 120
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1.13 Indemnification ...... 121 1.14 Force Majeure ...... 123 1.14.1 Definition of Force Majeure ...... 123 1.14.2 Force Majeure events ...... 123 1.14.3 Conditions ...... 123 1.14.4 Conditions notwithstanding ...... 124 1.14.5 Termination clause ...... 125 1.15 Confidentiality ...... 125 1.15.1 Audit, Access and Reporting ...... 126 1.16 Intellectual Property Rights ...... 126 1.17 Miscellaneous ...... 127 1.17.1 Personnel ...... 127 1.18 Independent Contractor ...... 128 1.18.1 Sub-contractors ...... 129 1.18.2 Assignment ...... 129 1.18.3 Trademarks, Publicity ...... 129 1.18.4 Notices ...... 130 1.18.5 Variations and Further Assurance ...... 131 1.18.6 Severability and Waiver ...... 132 1.18.7 Compliance with Applicable Law ...... 132 1.19 Professional Fees ...... 133 1.19.1 Ethics ...... 133 1.19.2 Entire Agreement ...... 133 1.19.3 Amendment ...... 133 1.20 Dispute Resolution ...... 135 1.21 Schedule – I: Change Control Schedule ...... 136 1.21.1 Change Management Process...... 137 1.22 Schedule – II: Exit Management Schedule ...... 140 1.22.1 Purpose ...... 140 1.22.2 Cooperation and Provision of Information ...... 140 1.22.3 Confidential Information, Security and Data ...... 141 1.22.4 Employees ...... 142
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1.22.5 Transfer of Certain Agreements ...... 143 1.22.6 Rights of Access to Premises ...... 143 1.22.7 General Obligations of the Partner Agency ...... 143 1.22.8 Exit Management Plan ...... 144 1.23 Schedule – III: Audit, Access and Reporting ...... 146 1.23.1 Purpose ...... 146 1.23.2 Audit Notice and Timing ...... 146 1.23.3 Access ...... 147 1.23.4 Audit Rights ...... 147 1.23.5 Audit Rights of Sub-Contractors, Suppliers and Agents ...... 148 1.23.6 Action and Review ...... 149 1.23.7 Terms of Payment ...... 149 1.23.8 Records and Information ...... 149 1.24 Schedule – IV: Governance Schedule ...... 150 1.24.1 Purpose ...... 150 1.24.2 Governance Structure ...... 151 1.24.3 Governance Procedures ...... 152 1.24.4 The payment under the various cost heads is given as under: ...... 153 1.25 Schedule – V: Payment schedule ...... 155 1.26 Schedule – VI: Service Level Agreement ...... 156 2 Formats ...... 157 2.1 FORMATS FOR THE TECHNICAL BID RESPONSE ...... 157 2.1.1 Undertaking on Patent Rights ...... 157 2.1.2 Undertaking on Conflict of Interest ...... 158 2.1.3 Undertaking On Pricing of Items of Technical Response ...... 159 2.1.4 Undertaking on Provision of Support for Software ...... 160 2.1.5 Undertaking on Service Level Compliance ...... 161 2.1.6 Undertaking on Deliverables ...... 162 2.1.7 Undertaking on Training the Users ...... 163 2.1.8 Undertaking on Exit Management and Transition ...... 164 2.1.9 Undertaking on Personnel ...... 165 2.1.10 Undertaking on Changes to the Contract Clauses ...... 167
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2.1.11 Profiles of Previous Project Experience ...... 169 2.1.12 Team Profile ...... 169 2.1.13 Suggestions on Changes to Contract Clauses ...... 172 2.2 FORMATS FOR THE COMMERCIAL BID RESPONSE ...... 173 2.2.1 Commercial Proposal Cover Letter ...... 173 2.2.2 Non – Disclosure Agreement (NDA) ...... 176 2.2.3 Format for submission of Queries for clarification ...... 180 2.2.4 Earnest Money Deposit ...... 181 2.2.5 Bid Cover Letter ...... 182 2.2.6 Performance Bank Guarantee...... 185 1 Annexure A – Service delivered through SSDG (State Service Delivery Gateway) ...... 191 2 Annexure B – Indicative List of PAN India Services ...... 193 3 Annexure C – Transaction Estimates ...... 206
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Glossary
S No. Abbreviation Definition 1. API Application Program Interface 2. AUA Authentication User Agency 3. B2C Business to Citizen 4. CAPEX Capital Expenditure 5. CCN Change Control Note 6. CD Compact Disk 7. CSV Comma-separated Values 8. DC Data Centre 9. DeitY Department of Electronics and Information Technology 10. DoT Department of Telecommunications 11. DR Data Recovery 12. DTMF Dual Tone - Multi Frequency 13. EGDI e-Government Development Index 14. EMD Earnest Money Deposit 15. FAT Functional Acceptance Testing 16. FTP File Transfer Protocol 17. G2B Government to Business 18. G2C Government to Citizen 19. GPRS General Packet Radio Service 20. H/W Hardware 21. HCI Human Capital Index 22. HTTP Hypertext Transfer Protocol 23. ICT Information and Communications Technology 24. IMPS Immediate Payment Service 25. iOS iPhone Operating System 26. IPR Intellectual Property Rights
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27. IVR Interactive Voice Response 28. JSON JavaScript Object Notation 29. KUA KYC User Agency 30. KYC Know Your Customer 31. LLP Limited Liability Partnership 32. mBaas Mobile Back-end as a Service 33. MoMt Mobile originated Mobile terminated 34. MoU Memorandum of Understanding 35. MSA Master Service Agreement 36. NDA Non-Disclosure Agreement 37. NeGD National e-Governance Division 38. NeGP National eGovernance Plan 39. NIC National Informatics Centre 40. NPCI National Payments Corporation of India 41. O&M Operations and Management 42. OBD Out Bound Data calls 43. OPEX Operational Expenditure 44. OSI Online Service Index 45. OTP One Time Password 46. OWASP Open Web Application Security Project 47. PCI DSS The Payment Card Industry Data Security Standard 48. PIU Project Implementation Unit 49. PMU Program Management Unit 50. RAM Remote Application Monitoring 51. RBI Reserve Bank of India 52. REST Representational State Transfer Protocol Protocol 53. RFP Request for Proposal 54. SDLC Systems Development Life Cycle
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55. SLA Service Level Agreement 56. SMS Short Message Service 57. SOAP Simple Object Access Protocol 58. SOP Standard Operating Procedures 59. SSDG State Service Delivery Gateway 60. SSDG State Service Delivery Gateway 61. STQC Standardisation Testing and Quality Certification 62. TII Telecommunication Infrastructure Index 63. TRAI Telecom Regulatory Authority of India 64. TSP Telecom Service Provider 65. UAT User Acceptance Testing 66. UI User Interface 67. UMANG Unified Mobile Application for New-age Governance 68. UT Union Territory 69. UX User Experience 70. VAS Value Added Services 71. VAT Value Added Tax 72. VXML Voice Extensible Markup Language 73. XML Extensible Markup Language 74. 4G 4G, short for fourth generation, is the fourth generation of mobile telecommunications technology, succeeding 3G
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Part 1
1 Purpose of the document
The Request for Proposal (This Document) floated by the National e-Governance Division - Department of Electronics & Information Technology, Government of India is to select a Partner Agency which would be responsible for development, implementation, enhancement and operations & maintenance of Unified Mobile Application for New-age Governance (UMANG) platform for a period of 3 years with a possibility of extension to another 2 years and again for 2 years subject to mutually agreed terms and conditions. Major Central/State government services are expected to be provided through UMANG.
2 Introduction
2.1 Digital India “Digital India”, a comprehensive ICT initiative of Government of India, aims to transform India into a digitally empowered society and knowledge economy. The vision of Digital India is centred on three key areas.
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Vision Area 1 Vision Area 2 Vision Area 3 Digital Infrastructure as a Utility to Governance & Services on Demand Digital Empowerment of Citizens Every Citizen •High speed internet as a core •Seamlessly integrated service •Universal digital literacy utility across departments or jurisdictions •Accessible digital resources •Cradle to grave digital identity that •Services availability in real time universally is unique, lifelong, online and, from online & mobile platforms authenticable to every citizen •Availability of digital resources / •All citizen entitlements to be services in Indian languages •Mobile phone & bank account available on the cloud enabling citizen participation in •Collaborative digital platforms for digital & financial space •Digitally transformed services for participative governance improving ease of doing business •Easy access to a Common Service •Citizens not required to physically Centre •Making financial transactions submit Govt. documents/ electronic & cashless certificates •Shareable private space on a public cloud and •Leveraging GIS for decision support systems & development •Safe and secure cyber-space
Not only facilitating online and easy access to public services is ingrained in the vision areas of Digital India, but use of mobile phones has been highlighted as an important medium. Further, “e-Kranti”, a flagship program under “Digital India”, clearly articulates the policy of “Mobile First”, wherein all Government applications shall be designed to enable delivery of services through mobile.
Realization of the envisioned objectives is supported by the level of mobile penetration in India, increasing internet usage on mobile, reduction in handset costs, and introduction of low end smart phones which has made mobile a convenient and cheaper channel for service delivery.
Today the e-Governance Services rendered by individual Government Departments are enabled on mobile as Department specific mobile apps. State governments have also taken initiatives to provide mobile based service delivery.
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2.2 UMANG
Taking cognizance of the envisaged goals of “Digital India” and other factors it is proposed to build a common, unified mobile platform and application – “Unified Mobile Application for New-age Governance” (UMANG). A single mobile application makes discovery, marketing, auditing, testing, hosting and downloading easy. It also brings about uniformity in user experience. Through the application, citizens can access pan India e-Gov services from the central Government, State Governments, local bodies and their agencies and private sector. Citizens will have to download just a single application which will work on one short code on, GPRS/Internet, support for SMS and Toll Free for IVR will be additional features. In addition, it would facilitate convergence of various efforts, carried out separately, to reach out to citizens through their mobile phones.
3 Objectives i. Act as an enabler and facilitator in developing overall mobile based service delivery ecosystem in India. ii. Provide easy access for citizens to various services via single Mobile Application, easy to remember short code and single Toll Free number. iii. Provide easy discoverability of services, easy manageability and standardization of service delivery. iv. Provide for quick mobile enablement of e-Gov applications/services of Government departments through easy and fast integration, on-boarding, mobile front-end roll- out by bringing their services on this mobile application platform. Provide another value added services to departments via a common platform through integration with TSPs and payment gateway. This will facilitate easy on-boarding of Government departments. v. Provide multi-lingual support covering official Indian languages, in addition to English. Also, provide support for voice interaction in local languages.
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4 Scope
4.1 Overview For UMANG, NeGD will partner with a private entity. It is envisaged that the Partner Agency will bring in requisite technical expertise and resources for quick rollout, easier scaling up and flexible adoption of technology. The emphasis will be on uniform user experience, quick on-boarding of Central/State government services with less capital expenditure, along with robust programme sustainability.
1. Development of UMANG (Unified Mobile Application for New Age Governance) platform that provides services on mobile devices across Central, State Government departments, local bodies and/or their agencies through a centralized platform. Once deployed centrally the UMANG platform shall support integration and mobile enablement of services for on boarding new Government applications. 2. In addition to public services UMANG should be able to provide some Citizen Centric services offered from authorized private businesses, as permitted by NeGD/DeitY. 3. UMANG shall be accessible to citizens through mobile App, web, and through mobile channels such as IVR and SMS. 4. The UMANG platform shall have open standards based architecture that allows various government departments to quickly integrate and make available their services through standard API in SOAP/REST and open data formats such as JSON/XML. 5. The UMANG platform shall be capable to maintain/remember citizen personal details, preferences and data required to access department services without the user having to re-enter these every time. Data shall be stored securely and the user consent must be taken for any citizen data storage. 6. UMANG platform shall support/integrate with Aadhaar based authentication and other authentication mechanisms or services for requisite Departmental Services. 7. NeGD/DeitY shall facilitate allocation of short code from DoT, however all co-ordination and liasoning with TELCOS shall be responsibility of the Partner Agency. 8. Create and manage environments for Integration testing and UAT (User Acceptance Testing), the UAT setup shall be near replica of the production setup. This will entail
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setting up of two environments namely a Staging Environment and a Live Production Environment. 9. Creation of new services and management of existing services on mobile app, portal and other mobile channels shall be supported through a user-friendly graphical user interface while using a common integration layer with government departments. The app and portal shall be responsive and built on responsive framework, be compatible with standard form factors on smart phones and intelligent vis a vis user preference. Application on-boarding-/Application enablement of Government Departments/Agencies shall be as described in section 4.15. 10. If the departments have e-readiness but do not have APIs available then Partner Agency will be responsible for developing the APIs also. 11. Aggregate all existing applications functionalities that have been developed by various Departments under a unified mobile application. Publish standard and consistent set of open APIs that shall be used by government departments and authorized users for integrating with UMANG to provide services. 12. UMANG platform shall provide a self-service portal where a. All information related to UMANG platform – API specifications, Integration process, and other details shall be made available. b. All prospective integrating departments should be able to submit and track requests for integration with UMANG. c. Facility for integrating departments to manage the APIs that are exposed through UMANG.
4.2 Mobile Back-end as a Service (mBaas) UMANG platform, besides other functionalities, shall be provisioned as a cloud based Mobile Backend as a Service (mBaaS) provider with features of a advanced mBaaS such as: i. Out of the box APIs that offer a set of predefined and common functionalities for mobile applications such as APIs for user management, files, custom objects, email, photos, social integrations, analytics, push notifications, geo-location, enterprise integration etc.
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ii. Reduced server-side coding so that the focus can be more on front-end development and faster roll-outs. iii. Support for both native and hybrid mobile apps and other front-ends connecting through APIs. iv. Deployed on cloud with built-in scalability. v. Ability to integrate with legacy databases. vi. Provides an access control layer. vii. Open Source and Open standards based. viii. Security and privacy of data of the integrating applications/databases that would be mobilized on the platform as well as on the front-end. ix. A user interface for the integrating departments to create, publish and manage their APIs with proper documentation support. x. Ability to plug-in with 3rd party applications, softwares, tools.
4.3 Integration with other Mobile Applications UMANG platform and mobile app, in addition to the services on-boarded through the platform, shall have functionalities to integrate with mobile applications developed by various government departments separately. The UMANG mobile/web application should, for other mobile applications not integrated through UMANG platform, shall provide a directory listing all such mobile apps with a link to i) invoke the app if the app is installed in the user mobile or ii) trigger download of the app from the app store where it is hosted.
4.4 Mobile based authentication UMANG platform would provide authentication based on a person’s mobile number linked to her underlying identity, such as Aadhaar, thereby providing for a kind of mobile identity on a large scale to the users of the platform. Online authentication can be made seamless if mobile numbers of individuals are linked to their Aadhaar. This would do away with users providing their identity credentials for every transaction as their mobile numbers would represent their Aadhaar number or any other verified and accepted identity. This would not only facilitate reusability of mobile phones for multiple service access but also, easy
19 | P a g e user registration and seamless identity integration with the integrating departments. The components would be i. Integration with Aadhaar and other identity providers for fetching identity credentials of a person. ii. Creation of a Mobile-Aadhaar/other identity database that would enable use of mobile (numbers) of a user for all purposes – availing service, transacting online etc. Using mapping servers for mobile to Aadhaar translation, such a database would bring mobile to the focal point of all transactions. iii. Multifactor authentication based on the requirement of the service as per their risk sensitivity which includes username/password, OTP, biometric etc. iv. Enablement for scenarios such as one mobile handset multiple users i.e. mobile app/handset should not be locked to a single mobile number. v. The whole module for such authentication should be modelled as a separate pluggable application, which if need be can be used to provide for federated authentication needs of other applications (not integrated with UMANG).
4.5 Connectivity with Telecom Service Providers (TSPs) UMANG platform will have to integrate with TSPs for various channels (SMS, IVRS etc.). UMANG platform should have necessary modules for handling IVR calls and OBD (Out Bound Data calls).
4.6 Security and Compliances i. Manage application, data and server security of UMANG as per ISO 27001 standards. The solution should be free from the vulnerabilities defined in Open Web Application Security Project (OWASP) top 10 vulnerabilities and other known vulnerabilities. ii. Platform to comply with all applicable standards of NeGD and will be security audited through a CERT-IN empanelled third party auditor or STQC. The auditor is to be selected by NeGD. iii. Payment module shall have been integrated with payment gateways and shall be PCI-DSS (Payment Card Industry Data Security Standard) complaint.
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4.7 Payment Gateway To use PayGov or any other payment gateway which provides better services in terms of payment or charges. To enable payment mechanisms for Government services requiring payments, using mobile phone/web portal will be an integral part of the solution. The payment module of the solution needs to support various payment instruments allowed by RBI. The module needs to be intelligent enough to route the authorization request to the appropriate payment processing unit. Any emerging electronic payment solutions shall also be integrated with UMANG platform with prior concurrence of NeGD. The platform shall provide for payment on multiple modes through various channels.
4.7.1 Convenience Fees Provision should be made for charging convenience fees (which can be made available whenever required), over and above other charges such as Service Fees, Taxes etc and as fixed by NeGD. Convenience fees may or may not be charged as per the decision of NeGD/DeitY. It shall also provide for transfer of such convenience fees to NeGD account, reconciliation and accounting. The integration with the payment gateway shall allow for generation of reports for payment transaction as well as reconciliation. These reports are to be shared with NeGD, concerned departments and banks. Payment services shall maintain a transaction log and provide transaction success /failure notification to the users. It shall also provide support for reconciliation. The payment experience for the user should be seamless i.e. the user should be re-directed back to the relevant section from which the transaction was initiated and to the m-Gov App home page in case of any exceptions.
4.8 Ease of Use and Branding i. UMANG App shall be mutli-lingual, with support for official India languages, in addition to English. Languages shall be selected from the list of Scheduled Languages as per Census 2001. UMANG shall be developed in top 12 Indian languages in addition to English. ii. The platform architecture should be scalable to support potentially all citizens accessing different types of services. The design should be such that the effort for setting up a new service should be minimal for integrating departments so that once
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service API integration is done; it should be possible to provide services through configuration and minimum development. iii. State Government shall have the option to Brand their own services by selecting a template for the state specific services page. It should be possible for citizens of a specific state to have a customized view central and their own state specific services at the first level. Other state services should be automatically available on the second level as optional. iv. UMANG App shall have a section where the citizen can update their preferences in terms of personal details, frequently accessed services and short cuts, language etc., which will then be available for all services so that data entry can be minimized. v. UMANG platform shall provide Govt. departments a web based login with access to their own services with reports and dashboards. vi. Provide Search option for the citizen to discover relevant services.
4.9 Aggregation Integration and aggregation of innovative 3rd Party citizen centric services provided by private companies that are relevant for citizens shall be possible. The 3rd Party services will be identified and evaluated by either NeGD and shall be integrated by the Partner Agency after consultation with NeGD. These services will need to provide APIs and service flow as per the guidelines to be published so that these can be integrated into the mobile app or other mobile channels based on the technical feasibility.
4.10 Hosting and Deployment i. UMANG platform shall be hosted on the cloud hardware provided by NeGD through NIC or any otherNeGD/DeitY empanelled cloud service provider, with due permission from NeGD. The hosting environment as well as data for the entire UMANG platform has to reside within the territory of India. ii. NIC’s GI Cloud shall provide Virtual Machines and bandwidth. More details can be found on www.cloud.gov.in . The Partner agency shall provide a Bill Of Material required for UMANG. (Please refer section 9.9)
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iii. Hosting of UMANG Mobile app on different App Stores for different mobile app stores such as Google playstore, Apple Appstore, Windows appstore etc. shall be done by the Partner Agency.
4.11 Reporting and Configurability i. UMANG platform shall generate necessary reporting and dashboards for data representation, which should be configurable as per the integrating department’s needs. ii. UMANG platform shall generate necessary reports and statements for payment settlement and reconciliation. iii. Provide option for configuration of all the channel interfaces including SMS, IVR, Mobile Portal and App pages for various services while using common back-end integration into the departments.
4.12 Operations and Maintenance i. Partner Agency shall operate and maintain the UMANG platform, mobile app, web application, portal etc. ii. Regular bug fixing as raised by NeGD, helpdesk as well as integrating departments. iii. Adherence to SLA and SLA monitoring for services and infrastructure that is entirely within the UMANG platform. iv. Provide SLA monitoring tool for NeGD to evaluate different service level parameters as specified in section 18. v. Responsible for providing Level 1 support through call center. This will also cover all app related and transaction related queries. vi. On-going enhancement of UMANG by implementing new features, enabling newer technologies to meet the mobile governance needs for all integrating departments. vii. Responsible for management of operations activities of mobile governance like reconciliation, grievance redressal/help desk, supporting departments to resolve their queries by providing product information, logs and other related information. viii. Escalation mechanism for informing integrating departments about service unavailability.
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ix. Department and third party services can be hosted in external locations and their hosting and maintenance are outside the scope. However in case any of these services are not accessible, the UMANG platform will raise alerts so that escalation to the concerned departments can be taken up by support. x. The front end (forms) processes, workflow, backend processes (database), security, privileges at application level, Network level, backup and DR policies will not be changed by the Partner Agency without prior approval of NeGD. Partner Agency will make a change management process duly approved by NeGD for this purpose.
4.12.1 Change Requests Partner Agency shall be responsible for ongoing support for integrating departments and citizens:
a. Modifications and enhancements (i.e. due to changes in integrating department APIs for UMANG integration, Workflow changes, and other changes from time to time) raised by the integrating departments shall be part of the scope of the project.
The Partner Agency shall provide an estimate in terms of man day of work required for such requested changes. NeGD shall evaluate the estimates and payment against such change request, which entails more than certain number of days, shall be made as per the man day rate quoted in the bid by the Partner Agency (refer section 9).
4.13 Documentation and Training i. Creation and regular updation of documentation for all the components of UMANG such as deployment architecture documentation, APIs, SLA monitoring, and Security Documentation on a quarterly basis, user manuals etc. ii. Creation and Maintenance of standard documentation, user manuals and training modules that could be used for training the government departments and employees. iii. For every application enablement, the Partner Agency shall conduct two days training to the nominees of integrating departments. The training shall be on the technical, functional, integration and usage aspects of UMANG platform and UMANG portal/App.
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4.14 Citizen (G2C) Services i. To create UMANG (Unified Mobile Application for New Age Governance) that provides citizen services (G2C) on mobile devices across Central and State Government departments/agencies through a centralized platform. Once deployed, UMANG platform shall support integration and mobile enablement of services with marginal effort for on boarding new Government services. ii. UMANG should be able to support some Citizen Centric services offered from authorized private Business. iii. Aggregate all services functionalities that have been developed by various Departments under a unified mobile application through corresponding APIs exposed by the Departments. Use the same APIs to get those services delivered over multiple channels like Smart client app, mobile web and SMS and IVR wherever applicable.. iv. The indicative list of various government applications are provided in section 8.
4.15 Application enablement or Application on-boarding i. For every application enablement, there will be API integration with the services of that application and enabling corresponding service flow on the each enabled channel. This integration will have to make services available on an end-to-end basis. ii. Each service of a given application shall include, as per requirement, applying for service, status update and delivery of service, notifications to the applicant and any other flow available as part of the delivery of a service. iii. One department application may have multiple services and each service may have multiple sub-services.
4.15.1 Application enablement process Once the UMANG platform has been made operational, it will integrate with department’s applications/back-end for enabling individual services. Application enablement means going live with services of a department which involves:
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i. Develop necessary APIs, if not available, for all services under the application on the UMANG platform (in addition to common APIs required for all applications and other common functionalities such as authentication etc.) ii. Integrating with the department application by a. interacting with respective department and gathering requirements and b. developing APIs for the integrating department (only if required) and c. integration of UMANG platform with the department service APIs. iii. Providing an end-to-end user interface on UMANG mobile app and portal for all services of the application. iv. Providing capability inside the UMANG mobile app and portal to fetch service through UMANG platform. v. Testing, deployment and go-live after sign-off from NeGD and/or respective application owner department. vi. Enablement of Mobile/Web Portal and Mobile App with push SMS(transactional) is mandatory. However, enablement of Pull SMS (a) and IVR (b) shall be done as per the requirement of the integrating departments. . In case of non-operationalization of non-mandatory channels, if opted so by integrating department, Application enablement fees would be deducted as per section 9.6 for each non- operationalized channel from the list below. a. Enablement on Pull SMS b. Enablement on IVR c. Enablement on Mobile Portal and App with push SMS. (Mandatory) vii. Enablement of Payment through payment gateway and/or where there is integration required outside of the Payment Gateway as decided by integrating department in consultation with NeGD. This is mandatory for services requiring payments and wherever not required or not opted for by the integrating department, a deduction would be made as per Section 9.6 of this document.
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5 UMANG Architecture Given the differences in the technology with their related advantages and disadvantages and interoperability issues, it is very important to have credible architectural principles to form the basis for choice of a particular technology and architecture to deliver mobile services. Design principles for the UMANG Platform are given below:
5.1 Design Principles for UMANG
5.1.1 User Centric End users availing the service must be centric to the design of UMANG platform. Their ease of interaction with mobile devices, the kind of devices commonly used by targeted segments, network availability and demand for service should guide the choice of technology for service development and roll out. Support for local language (as mentioned in section 4.8 (i)) is necessary.
5.1.2 Heterogenous and Interoperable The UMANG platform should be designed keeping in mind that information flows across applications owned by different departments. The UMANG platform should be able to integrate and interoperate with various other external entities. The ability of the solution to easily and in a relatively seamless manner integrate with external entities, interoperate with multitude of technologies is a significant criteria while selecting the technology.
The UMANG platform should also support features which work seamlessly across various channels providing users a unified experience. Following features should be supported by the UMANG platform:
i. When internet is down or otherwise, the user should be able to make call to the IVR initiated from the App or Mobile Web. ii. Call to the customer care support can be invoked from the App or Mobile Web. iii. Registration made on Mobile Web will seamlessly reflect in other channels like SMS and IVR based transactions.
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5.1.3 Sustainable and Scalable Architecturally, the UMANG platform should be sustainable and scalable. Sustainability requires the platform to use softwares, tools, frameworks etc. which has a large usage base and regular long-term support and upgrades. For scalability, it is important for the UMANG platform to be cloud enabled to take the advantage of next generation cloud implementations and technologies. The following criteria should be kept in mind during selection of the technology
i. Every component need to scale to a large volume. ii. Every component as well as the whole system needs to provide consistent and acceptable performance even at very large scale. iii. Single point of bottle-neck and failure must be avoided.
While upgrades and scaling-up, it is necessary that the platform supports earlier versions especially when upgrading the APIs.
5.1.4 Pluggable and Loosely coupled Components The system should be built with open standards and open APIs with plug-n-play capabilities. The system should be designed to plug-in new technologies and components in a seamless manner, similarly any obsolete technologies or components should be removed without impacting any other component of the system. The components should be loosely coupled to allow changes in applications that are integrated with it and in any sub-system level without affecting other parts. It should be architected to work in a heterogeneous technical environment.
5.1.5 Easy On-boarding On-boarding of departments/e-Gov applications should involve minimal changes (ideally to the extent of exposing their existing APIs or developing new APIs if required) in their respective applications. Also, Application enablement should happen seamlessly across all the channels (as opted for by the integrating department) simultaneously.
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5.1.6 Address privacy concerns The UMANG platform should address the privacy concerns of integrated applications and thus restrict visibility of each department to data/information pertaining only to them. Also, the platform should protect user’s information.
5.1.7 Analytics The UMANG platform should be able to generate insights for analytics. These includes, but is not restricted to, on-demand reports which can be configured, filtered and customized by NeGD as well as integrating departments. The UMANG platform should look at the usage at an aggregate as well as at an individual level.
Relevant dashboards should be available for decision makers about the platform’s performance and usage and insights on user information (demographic, location, behavioural etc. aspects).
5.1.8 Multi-Language Support Various mobile channels need to support local Indian languages to be able to reach masses. The Partner Agency shall provide support for English, standard local languages across various channels (SMS, IVR, Smart Client, Mobile Web etc) for services across service categories as required by individual States/integrating departments. as mentioned in section 4.8(i).
5.1.9 Security The UMANG platform needs to have capability to manage security and privacy at multiple levels. A transactional service may require higher security levels than an ordinary information service such as status check or weather forecast. Non-functional requirements such as data security, user authorization and access control need to be taken into account while designing the components of the platform.
5.1.10 Easy integration with external interfaces In the current IT environment when several function specific systems are developed, a system comprises of core functional modules talking to several platforms and services through APIs published by such platforms. UMANG platform needs to have technical
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5.2 Components of UMANG
5.2.1 Integration with Telecom Service Providers (TSPs) The platform should have network integration modules that support all the protocols used for back-end integration with major Telecom Operators (at least top 5 as per TRAI’s subscriber numbers) in and across India for SMS and Voice Channels. NeGD will provide support to the Partner Agency in coordination with TSP.
5.2.1.1 SMS i. SMS Long code/Short code integration and configuration capability with major Telecom Operators as mentioned above. ii. SMS Mo(Mobile Originated) Message routing to appropriate service based on the Long Code/Short Code and Keyword.
30 | P a g e iii. Support Delivery Report Tracking and Notification back to the Mobile app. iv. Support Multi-modal support for SMS Short Codes.
5.2.1.2 IVRS i. Long code/Short code integration and configuration capability with major Telecom Operators, as mentioned above, for Inbound Call Services. ii. Inbound Call routing to appropriate service based on the user input. iii. OBD CLI configuration & integration capability with major Telecom Operators, as mentioned above, for OBD Services.
5.2.1.3 Mobile Web i. Accepting MSISDN forwarding for Mobile Web / Smart Client app for user authentication supported by PIN or alternative methods.
5.2.1.4 Others a. The platform should have necessary integration to lookup Circle/Operator information by MSISDN. b. Comply with TRAI guidelines. c. Support Configurable retry mechanism based on the error code at Telco Integration Level, Service Level. d. Flexible Traffic Management solution to handle events surge in the usage. e. Support advanced queuing mechanisms to route traffic with different priority as per the business requirement. f. Example: Shall support different queue for incoming/outgoing message forwarding, example: queue 1 is for Department1, 2 and 3, queue 2 for deapartment4, 5 and queue 3 for department6, default queue for others. g. Platform integrations should be configured for High Availability. h. If connection is not available, the UMANG platform must be able to buffer the messages going to, and handle the additional incoming traffic once SMSCs are up. This buffer must be configurable. i. Changes in the configuration information should not require application restart.
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5.2.2 Security & Authentication The Security & Authentication will be responsible for authenticating user and granting him permissions based on his roles and responsibilities.
i. The UMANG platform shall support Aadhaar based authentication for requisite Departmental Services and shall be linked with citizen mobile number which are provided voluntarily to the platform. ii. The UMANG platform shall support Alternative authentication and authorization process wherein user doesn’t have Aadhaar number. iii. The verification log and analytics should be used for strengthening the authentication systems. iv. There should be provisions for both single and multi-factor authentication mechanisms.
5.2.3 Integration with External Platforms/Applications 5.2.3.1 Payment Gateway UMANG platform shall integrate with a Payment Gateway as mentioned under section 4.7.
5.2.3.2 Aadhaar or other identity providers UMANG shall integrate with the Aadhaar authentication ecosystem by itself becoming an AUA/KUA or by integrating with an existing AUA/KUA for enabling Aadhaar based authentication on the platform. For non-Aadhaar based authentication, integration with other identity providers such as PAN under Income Tax Department would be required and the UMANG platform shall integrate with such providers.
5.2.3.3 Digital Locker Digital Locker (DigiLocker) is also one of the key initiatives under Digital India program. It aims at eliminating the use of physical documents and enables sharing of verified government issued or self uploaded electronic documents across agencies. Digital Locker provides a dedicated personal storage space in the cloud to citizens, linked to citizen’s Aadhaar number or other unique identity. It enables various organizations registered on Digital Locker to push certificates of citizens directly in their Digital Locker in electronic format.
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Citizens can also upload and securely store the scanned copies of legacy documents in Digital Locker. A user can share these electronic certificates online with various departments and agencies registered on Digital Locker while applying for the services provided by them. Thus, Digital Locker brings the citizens, issuers and requestors on one platform.
Further, Digital Locker system is based on open APIs which are published on their portal www.digilocker.gov.in . UMANG shall integrate with DigiLocker and enable
i. Submission of documents by a user by fetching URIs from DigiLocker to UMANG and passing the same to the integrating department service. ii. Informing user of any document, related to the service availed on UMANG, URI of which has been made available on DigiLocker.
5.2.4 Transaction Management module This is the core transaction management module of the UMANG platform, all the messages will be routed through transaction management module for further processing. Transaction management module will interact with external systems for verification & presentment of the information, will interact with payment module for handing over the information for payment processing, other modules for various types of verifications. Transaction management will also be responsible for calling business rules API for checking various business rules as well as with service charges module for calculation of transaction charges prior to sending the transaction for further processing.
The UMANG platform should have ability to keep all transaction logs of the users and make it available in a common place as a transaction history. The user should be able to open individual transaction details in a standard format like PDF, html, text or other formats and also can push the details to an email ID/registered email ID to keep an email record and for printout purpose.
The transaction history should have all but not limited to the following information:
i. Service Name ii. Service Department Name
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iii. Transaction ID iv. Transaction amount v. Transaction date and time vi. Common interface for transaction history should provide transaction trends and graphs for user reference
5.2.5 Marketing & Promotions Module The UMANG platform will provides great opportunity for various Government departments as well as businesses to promote their services and reach out to a significant portion of the population in an effective manner. Government departments spend significant amount of resources to provide the information to the citizen – this includes education, awareness building and promotions. The module shall have the ability to send information / messages to the citizen, business, government employees and agencies as part of the transaction (i.e. part of SMS receipt for payment transaction, part of status update from department, during IVR or outbound call, as part of mobile web etc.) or as a separate totally independent process as required by the government. Promotion should also be possible thorugh alerts on the UMANG App.
5.2.6 Common API Integration Layer The UMANG platform needs to provide well defined, open standards based, well published APIs for various entities (departments, business, developer community) to consume and integrate with the UMANG. In order for UMANG to enable services, it needs to be integrated with various department’s IT services (two way integration where UMANG calls department API and department API calls UMANG API), the information exchange can be either push or pull based depending on the need. The application integration layer should provide a step by step process for the departments to integrate with the UMANG APIs to M- enable their services. At a broad level the UMANG shall have Pre-Processing API, Post- Processing API and Business Logic API (which may be broken into business logic and payment API wherever required).
Apart from open standards based web-services, the integration module should support data exchange based on XLS, XML, delimited text and other acceptable and widely used
34 | P a g e formats. The integration module should also provide an online and batch mode integration facility. Integration with popular social networking sites like Facebook, Twitter and Google+ using the published API as well as integration with mail server would be required. Any new service enabled on UMANG will need to be notified/ popularized via Twitter, Facebook, Google+ or any other social media platform.
The integration module will need to be integrated with state and national portal / platform.
The API Layer of UMANG platform should offer the following feature
i. Provide a common API layer or equivalent to support for faster and seamless integration. ii. Support for various data formats like XLS, XML, CSV, Delimited based, and Text. iii. Publishing of API Development guide as well as Security standards document for integration with UMANG platform iv. UMANG shall have plugin based architecture for integrating with various government departments and 3rd party integration while supporting department API in SOAP/XML/Rest/HTTP formats. v. It should be usable independent of UMANG, and able to provide joined up services.
5.2.7 Workflow The UMANG platform needs to support a work flow based system which can be configurable and will support necessary business logics to support various business requirements.
5.2.8 Functional and Data Security The UMANG platform needs to provide comprehensive functional and data security. The functional security can be achieved by enabling role and permissions based delegation model. The data security can be achieved by business logic or by way virtualization of the data.
5.2.9 Remote Application Monitoring (RAM) UMANG platform is going to have multiple loosely coupled modules to facilitate scalability and management of the solution. UMANG needs to have high availability and load balancing
35 | P a g e built into it. Apart from the core modules of UMANG, it shall be integrated with various external entities like payment gateways, banks, telecom operators, SMS aggregators and departments as well as businesses.
The real time monitoring and management of the UMANG using single portal is key to provide uninterrupted and high available service to the citizen and businesses across the country.
UMANG should have provision for Remote Application Monitoring.
5.2.10 Analytics, MIS Reporting and Dashboard The UMANG platform need to provide extensive parameterized reporting facility for both department users and administrators to run various reports from time to time. It should support MIS reports for all but not limited to the given below items:
i. Daily Transactional reports (both for payment and non-payment transactions) ii. Consolidated monthly reports for all transactions iii. Reports for payment transactions with split of various payment modes like net- banking, credit card, debit card, IMPS, Wallet etc. iv. Number of hits on various channels (channel wise split) like IVR, Pull SMS, Mobile Web, Smart Client. v. App download report from various app stores vi. It should also provide successful and failed transactions vii. It should provide service wise reports for Push SMS showing the number of successful and failed SMS from UMANG viii. Any other report as required by DeitY/NeGD.
Analytics functionality should be extended to all the mobile applications, developed separately by a service provider and installed by a user, provided the transactional data of such apps can be pulled by or pushed to the UMANG platform.
5.2.11 Customer Support / SLA Monitoring / Application Management The Partner Agency is required to provide Help Desk module for customer support function, Application Management Module for application management and SLA
36 | P a g e monitoring. The Help Desk module shall be used by the Partner Agency to manage the customer ticketing and life cycle.
The SLA monitoring tool shall have the ability to track the SLAs as described in the RFP at a minimum; the monitoring tool shall have the ability to generate the necessary reports. The SLA monitoring tool shall have the ability to export or import the necessary data.
The application monitoring tool shall help Partner Agency and NeGD manage and monitor UMANG and related components of UMANG effectively. The tool shall monitor the services and unified portal.
The Partner Agency should provide an integrated Customer care support interface where the customer care centre can view transactions of the citizen for better coordination and support to the citizen.
The customer support should be able to help user in the following ways:
i. Inform exact status of the transaction based on his mobile number. The customer care support should be able to recognize the person based on the number he is calling from and get an access to his transaction details. ii. UMANG should have a live chat feature for customer support.
6 UMANG Features and Functionalities
6.1 Portal and App Design, UI/UX The UMANG platform should have a robust Configuration and Management system which should allow faster creation and management of desired User Interface and link it to various services and be able to create and make changes to individual pages of the portal and publish these into the production system.
The design of the portal shall be implemented in such a manner that it is easy for the citizen to navigate services as well as to be able to configure favourite services that can be accessed from the home page.
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The complexities of interacting with an application on a mobile device, special consideration should be given to the overall user experience. User experience is guided by a number of factors, including: latency, interaction method, and data consistency etc.
6.1.1 Compliance to Guidelines Indian Government Websites
These guidelines have been developed by National Informatics Centre (NIC) and adopted by Department of Administrative reforms and Public Grievances (DARPG). Guidelines address the entire lifecycle of a website, web portal/application right from its conceptualisation to design, development, maintenance and management. UMANG (Mobile Web) should comply to these guidelines.
6.1.2 Optimized Application Start-up Time
User experience is heavily influenced by the initial start-up time of an application. Offline Web application technologies like HTML5 AppCache [HTML5-OFFLINE] bring Web applications into parity with native applications in terms of their start-up time and their ability to be used even where network coverage is intermittent. The following techniques to help minimize application start time should be considered:
i. Use Offline Technology
ii. Consider Partitioning Large Scripts
iii. Use Local Storage
iv. Minimize Number of Local Storage Queries
6.1.3 Minimize Perceived Latency
Lowering perceived latency is an important factor in improving the overall usability of an application. A number of techniques can be used to lower perceived latency:
i. Enable Incremental Rendering
ii. Keep the User Informed of Activity
iii. Avoid Page Reloads
iv. Preload Probable Next Views
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6.1.4 Design for Multiple Interaction Methods
Interaction methods vary across devices. Three main interaction methods should be considered when designing the UI:
i. Focus Based: The browser focus "jumps" from element to element;
ii. Pointer Based: Key-based navigation controls a pointer that can cover any part of the screen;
iii. Touch Based: Events are related directly to a finger or stylus touch position on the screen.
The optimum configuration of UI elements varies depending on the interaction method used by the device. Ideally, the UI should be adapted based on knowledge of the interaction methods supported by the target device. If this is not possible, then the UI should be designed to provide a good experience for each of these different interaction methods.
6.1.5 Preserve Focus on Dynamic Page Updates
The JavaScript focus method can be used to move the focus to the part of a page that has changed. However, if unexpected, this can confuse or irritate the user, especially if returning to the previous focus is not easy.
6.1.6 Use Fragment IDs to Drive Application View
Applications can switch views without a full page reload by showing and hiding sections of content. However, this means that the browser
i. Enabling deep links (e.g. to the content of a specific email) means the user can bookmark this view and return to it quickly;
ii. Enabling the browser history provides a natural method to navigate application views that is natively supported by the browser.
6.1.7 Make Telephone Numbers "Click-to-Call"
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Standardized URI schemes have been defined for some common device functions, e.g. making phone calls, sending an SMS, and managing address books. These URI schemes, if supported, can enable users to easily use these functions from applications.
6.1.8 Ensure Paragraph Text Flows
On small screens it is important that paragraph text flows both so that it doesn't require horizontal scrolling and so that it will re-flow if the view orientation is changed.
6.1.9 Ensure Consistency of State between Devices
User credentials valid on one device should be valid on other devices. User preferences captured on one device should be accessible on other devices. Data updated on one device should be viewable consistently on other devices.
An important example of this is offering a consistent experience where data entered on a desktop is available on a mobile and vice versa.
6.1.10 Consider Mobile Specific Technologies for Initiating Applications
Network-initiated content delivery ("push") methods allow notifications and updates to be sent to the user even when they are outside of the application context.
6.1.11 Use Meta Viewport Element to Identify Desired Screen Size
Certain classes of browser attempt to display desktop pages on a small screen by automatically zooming the display. This can be problematic for applications that have already been optimized for a small screen. The viewport meta tag tells the device at what scale to render the page.
6.2 User Profile The UMANG platform should maintain citizen profile in a secure manner. The profile will have sections for storing citizen personal details, preferences and data required to access department services without having to re-enter these every time.
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A onetime user registration page should be provided on App and Mobile web so that information can be collected and edited at a later date by the citizen. Profile Manager should have at least the following features:
i. Save user registration details and support edit/update of these details ii. Pre-population of user data wherever required in the service work flow. For example, once user has registered himself/herself, he/she need not enter his name, address etc. in an particular application or form filling. iii. Language setting can be done in profile manager so that the user need not opt for his preferred language each time he uses the services. iv. Store specific parameters that can be pre-populated when accessing specific departments. For example, in electricity department the user address, connection number can be stored in the profile so that these can be populated in the API call to the department. The user should also have an option to modify these parameters.
By sourcing user data from different sources, identifying newer target segments, discovering hidden patterns and profiling citizens’ behavior, government departments can usher themselves into unique data driven user management environment. They can then leverage citizen centric user data as a strategic asset to:
i. Develop a 360° view of citizens ii. Personalizing content and service delivery iii. Slicing and dicing consumer data to identify user segments to target.
6.3 Service Channels The UMANG platform should support services enablement over the following mobile channels and interfaces:
6.3.1 Smart Client App Smart client app should be enabled on Android, iOS, Windows or any other platform as required. The features in the Mobile portal should closely match the features in the mobile app and integrate with the same API integration layer of UMANG.
Following are some of the features that should be enabled through the UMANG:
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i. The app should provide quick and responsive experience even with limited bandwidth and pages as required should be locally cached on the device. ii. It should work on both online and offline mode wherever the pages are locally cached. It would need connectivity only when it requires calling an API. Further, it has to be ensured that the cached data is not exposed to any 3rd party in any form. iii. It should work on all Android, iOS and Windows devices with the versions of operating systems released by them in last three years from the date of work order and all future releases. iv. The App should support security features such as mobile OWASP and should pass security testing by a third party. v. It should support device elements such as accelerometers for enabling apps which works on motion/shaking. Example: Women safety app which can trigger notification based on shaking the device vi. It should be able to use the device features to capture data like Images, Bar-codes, Audio, Videos, GPS, Document pages along with date and time stamping and be able to sync these to the server. vii. It should also allow to upload stored data from the device like media files (image, audio, video), PDF etc. viii. It should have search functionality across all the pages.
6.3.2 Mobile Web Mobile Web portal should support all device form factors like mobile, tablet, desktop etc. through a responsive screen. It should be Operating System and device agnostic. Following should be the features supported by Mobile Web:
i. It should work on all mobile and tablet form factors by recognizing the device details automatically. ii. It should be OS agnostic (at least all standard OS like iOS, Android, Blackberry, and Windows) iii. It should work on all standard browsers like IE, Chrome, Safari, Firefox etc. iv. Support for dial to call feature from a page. v. It should support multiple languages as specified in section 5.1.8.
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vi. It should be possible to make on-the-fly changes to the portal through a UI and immediately make these available to citizens. vii. The user experience of the citizen on the Mobile Portal and App should be similar in terms of look and feel, navigation, menu and access to preferences and other data. viii. It should have search functionality across all the pages.
6.3.3 Low bandwidth support A mobile portal as well as apps should be able to provide services at low bandwidths also. For this, the mobile app and portals should be tuned for low bandwidths to facilitate access of services by users when bandwidth is low.
6.3.4 Pull SMS In Pull SMS services, citizen sends an SMS to a short/long code along with a keyword and text which will be routed to a configured service. The service can send back a response through the same short code/long code as per the service logic. This type of service is mainly used for informational service where the citizen wishes to track or obtain information. The syntax for the service will be made available through a help menu or as response, if the citizen sends a wrong format request. Validation of the request sent by the citizen shall be done by the service business logic.
Pull SMS services can be of 2 types:
i. One way pull SMS: Here the citizen uses to either capture data or report any event. Example: citizen provides his feedback on SMS ii. Two way or transactional Pull SMS services: Here the citizen goes through series of interaction through pre-defined syntaxes to either seek information and/or do a payment transaction.
6.3.5 Push SMS UMANG should provide interfaces to departments and authorized users to send SMS messages to citizens. Though push SMS service is envisaged for transactional service however, it should support both transactional and promotional Push SMS services. It
43 | P a g e should support sender ID for required departments as per the TRAI guidelines. It should support following ways of Push SMS services:
i. API based: UMANG should provide a standard API to the Departments to avail SMS services and support text, binary and Unicode messages. ii. Bulk Push through UI: UMANG should provide a user interface to the Departments to add messages and user mobile numbers to push any bulk SMS. This should be possible through file upload as well as FTP access to files. This should allow scheduling the messages as well as replacement of parameters so that customization is possible.
6.3.6 IVR (both Inbound and Outbound) This Module shall support building Interactive Voice Response call flows that can be linked to both Inbound and Outbound calls. When a call lands on to the configured numbers or extensions, the IVR system should use both the called party and calling party numbers and allow the calling citizen to navigate the configured services using key press (DTMF) with cut through facility during announcements.
It should also be possible for the system to use preferences of the citizen in terms of language as well as other data to make it simpler to access and utilize the services. The calling party number should be used as the citizen identity and allow service related data to be retrieved and used so that the citizen need not enter data again.
It should be possible through a graphical interface to be able to add new flows/modify existing flows/ change prompts and publish these immediately without having the take the services down.
The UMANG platform should generate extensive logs that will track the user navigation and the options selected for audit purposes.
The IVR application shall integrate with the common API integration layer for any department service interaction and shall support integration with other message channels such as SMS to allow messaging through those channels.
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The Outbound Dialer System shall be able to initiate calls to the list of mobile numbers that can be configured by any department. It shall be possible for the department to specify a prompt as well as a call flow either through the Application Call flow UI or through VML. An API shall also be provided so that departments can initiate Voice call to a number with linked prompt or call flow that has been configured on the system.
Reporting should be provided that indicates the number of successful calls, failures with reasons as well as the menu traffic for a given period.
6.3.7 Call Centre for handling IVR queries Partner Agency has to manage the Call centre for voice calls. All the expenses, except charges for PRI line, in running the call centre operations shall be borne by the Partner Agency.
7 Implementation Approach i. NeGD will identify high usage e-gov applications of government and private sectors across centre and all states with huge social impact. These services would be the ones which will be integrated to UMANG platform to start with. ii. The services offered through UMANG platform shall primarily be public services. Though, citizen centric services from private businesses with very high relevance and as decided by NeGD from time to time shall also be brought on the UMANG platform. No payment (for SMS, Convenience Fees, API or any other charges.) shall be paid by NeGD to the Partner Agency for enabling the citizen centric services provided by private entities. iii. Taking cognizance of the fact that already few departments have taken some steps in the direction of mobile enablement and also, that few similar platforms have been already deployed, UMANG platform shall have capabilities to integrate with such platforms to enlarge the scope of services being delivered through the platform. iv. UMANG platform will be developed and deployed centrally and made available to different states with a customized UI (logos, banners etc.) as decided by the states. v. UMANG shall be developed, implemented and maintained with help of a Partner Agency.
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vi. NeGD will monitor the performance of the Partner Agency on different parameters as explained in section 18.
8 Indicative Applications List List given below in Table 1 is indicative in nature only and NeGD in its sole discretion may add or remove applications in this list.
Table 1: Indicative Applications List
# Application Name
1. National Scholarship 2. Women Safety (Nirbhaya) 3. Health Care Applications 4. CCTNS 5. E-District 6. Passport Seva 7. E-Post 8. Income Tax – ITR, PAN 9. Transport - Vahan/Sarathi 10. CBSE/State Boards 11. E-Municipality 12. IRCTC 13. Utility Bills 14. Ticket Booking 15. m-Seva & Other Mobile Platforms 16. Mother and Child Tracking 17. Commercial Tax/GST 18. PDS 19. e-Court 20. Land Records 21. PF/NPS
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22. m-Kisan 23. Disaster Management
9 Commercial Structure
9.1 Commercial Structure Components
Table 2: Components of Commercial Structure
Application Enablement Platform SMS Rates AMC Convenience Fee Change Fee (Push) Request Fee (Per Application) (one time fee) (per successful Without With (per successful payment (per Man transaction) transaction) Day) API API developm development ent
(in INR) (in INR) (in INR) (in INR) (% of C) (in INR) (in INR)
To be quoted by the Bidder
(A) (B) (C) (D) (E) (F) (G)
9.2 Platform Fee UMANG platform shall be developed, deployed and managed by the Partner Agency for a period of 3 years, extendable for 2+2 years on mutually agreed commercial terms & conditions. Payment to the Partner Agency will be in the form of platform deployment and enablement fees, Application enablement fees and SMS Charges. The Partner Agency shall provide/develop the UMANG platform software and host it on the cloud hardware provided by NeGD through NIC or any other empanelled cloud service provider, with due permission from NeGD. The hosting environment as well as data (including back-up and
47 | P a g e replication) for the entire UMANG platform has to reside within the territory of India. Finalization of the infrastructure as well as software requirements shall be done only after due approval from NeGD.
9.3 Platform Fee payment milestones The Partner Agency will be required to provide the quotation for UMANG Platform Development and Deployment (C). The platform deployment fees (C) shall be paid in four tranches.
Partner Agency will be eligible for this payment when the platform has enabled all the functionality as mentioned under Scope of UMANG.
Table 4: Platform Fees Payment Milestones
On successful On enablement of On enablement of On enablement deployment and Go- Cumulative 50 Cumulative 120 of Cumulative live applications on applications on 200 UMANG UMANG applications on UMANG 40 % C + (Application 20 % C 20 % C 20 % C enablement Fees for 5 applications)
9.4 Platform Enablement Platform enablement shall mean i. That the platform is integrated with TSPs as mentioned in section 5.2.1 ii. The platform is ready for API based integration with various government/private citizen centric applications. iii. All the components of the platform as mentioned in section 5.2 are ready and iv. Minimum 5 applications have gone live on the platform.
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9.5 Application Enablement / On-boarding An Application enablement fees is required to be quoted by the Partner Agency for Application enablement/Application on-boarding as defined in section 4.15. However, following conditions would apply, in addition, for calculation of Application enablement fees.
9.5.1 Enablement of channels Enablement of Mobile/Web Portal and Mobile App with push SMS(transactional) is mandatory. However, enablement of Pull SMS (a) and IVR (b) shall be done as per the requirement of the integrating departments. . In case of non-operationalization of non- mandatory channels, if opted so by integrating department, Application enablement fees would be deducted by 10% for each non-operationalized channel from the list below. a. Enablement on Pull SMS b. Enablement on IVR c. Enablement on Mobile Portal and App with push SMS. (Mandatory) Under a given application, calculation of deduction shall be done on a pro-rata basis for each service separately.
9.5.2 Enablement of Payment Enablement of Payment through payment gateway and/or where there is integration required outside of the Payment Gateway as decided by NeGD/integrating department. This is mandatory for services requiring payments and wherever not required or not opted for by the integrating department, a deduction of 5% of the Application enablement fees would be made. Under a given application, calculation of deduction shall be done on a pro-rata basis for each service separately.
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Illustration: Application Enablement Fees Payment
1 Application Enablement Fees (X) 100 2 Total Services 8
Deductions 3 Channel Enablement
No. of Services not Pro-rated 4 Channel done Deduction Rate Deduction Amount 5 Pull SMS Nil (Mandatory) NA 0.00 7 IVRS 5 10% 6.25 (5/8 * 10% * 100) Mobile App with push SMS 8 (transactional) Nil (Mandatory) NA 0 9 Total Deduction for Channel (D1) 6.25
10 Payments Enablement 11 Done 4 5% 2.50 (4/8 * 5% * 100) 12 Total Deduction for Payments (D2) 2.50
13 Total Deduction (Y = D1 + D2) 8.75
18 Payable Application Enablement Fees (X -Y) 91.25
9.6 Application enablement Fees
9.6.1 Without API Development (A) Partner Agency is required to provide the quotation for Application enablement Fees where there is no need for API development (A). Application enablement is as mentioned in section 4.15. The Partner Agency is required to provide the unit cost for Application enablement in Indian Rupees.
9.6.2 With API Development Cost (B) For applications where API’s are not ready with the integrating department application/back-end, APIs will have to be developed for the application in addition to other Application enablement activities. In such cases the Partner Agency will have to provide the quotation for development of API’s for all the services under that application.
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9.6.3 Pro-rata payment In case, some services have ready API’s, the Application Enablement Fees shall be on a pro- rata basis: [(No. of services for which API available * A) + (No. of services for which APIs developed * B)/ Total number of services under the application].
9.7 Application enablement target For the mandatory 5 Application enablement along with platform deployment and enablement, the payment shall be made on successful platform deployment and enablement.
Table 3: Application Enablement Target
1st year 2nd year 3rd year Number of Application enablement/year (Total) 50 70 80
9.8 SMS Charges for successful transactions Partner Agency will be provided by NeGD, SMS Charges per successful transaction across all the channels as per the table below. The SMS charges (per successful transaction) to be quoted by the Partner Agency should not be less than 1 paisa and more than 15 paisa.
Table 5: Rate Card for SMS Charges
Item Rate (per successful transaction) (in INR) Push SMS (D)
9.9 Infrastructure and other costs The Partner Agency is required to provide a detailed bill of material (BoM) for deployment, running and managing the entire platform. The Partner Agency is required to submit the year on year infrastructure size as well. Partner Agency will be responsible to procure all the necessary System S/W and Platform Components under the BoM. The BoM should also
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include the H/W requirement, bandwidth requirement, rack space, firewall and other system components. NeGD will require a proper, satisfactory explanation for the BoM proposed by the Partner Agency.
9.10 Convenience Fees Partner Agency will be provided by NeGD, a Convenience Fees per successful payment transaction across all the channels. (Refer section 4.7.1). The convenience fees payable (per successful payment transaction) to be quoted by the Partner Agency should be between Rs. 0 to Rs. 15/- . The convenience fees shall not be payable for year 1 (one) of the project.
9.11 Annual Maintenance Charge Partner Agency shall be paid an Annual Maintenance Charge(AMC) which is to be quoted by the agency as a percentage of C (Platform Fees). Payments for AMC shall be made on quarterly basis post go-live of the platform with 5 application enablements.
9.12 Enabling citizen centric Services offered by private entities. Citizen centric services from private entities with very high relevance and as decided by NeGD from time to time shall also be brought on the UMANG platform. No payment (for SMS, Convenience Fees, API or any other charges.) shall be paid by NeGD to the Partner Agency for enabling such private services. NeGD may however charge onetime on-boarding fees, as decided from time to time, from the Partner Agency for enabling such private services. In addition, annual fees may also be charged from the Partner Agency. Also, convenience fees (if any) rate charged by Partner Agency from the private entity should be done in concurrence of NeGD.
10 Responsibility Matrix
Table 6: Responsibility Matrix
Responsibility NeGD Partner Agency Department Citizen
Core Platform (To be quoted by
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Partner Agency)
NeGD to provide Maintenance and Infra (Cloud, Bandwidth etc.) through NIC DevOps X X
To be Software and AMC (To be quoted developed/provided by Partner Agency) by Partner Agency X X
Get approved by NeGD. To provide. To be a part of the platform fees quoted. To approve the Bill of Material to be Anti-Virus, Certificates, Tools etc requirements. provided. X X
UMANG Mobile App and portal To develop and (Part of Platform) maintain X X
Application Enablement
Fees (To be quoted by Partner Agency) To pay; clear bills
Facilitate, write Talk to departments; letters to visit them; To sign-off; departments; Sign- requirement Give access to off in consultation gathering and study; the with the enablement work as application Application Enablement Work departments defined in the RFP back-end; X
SMS
Place bill along with usage data/proof as per the RFP;
Develop SMS templates; get Allotment and approved by opening of short departments; any Push (Transactional) (Rate to be code; Payment for other SMS related quoted by Partner Agency) SMS charges work Approve X
Approve SMS Pay SMS Pull Allotment and Develop SMS templates; charges opening of short templates; get
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code; approved by departments; any other SMS related work
IVR (Toll Free)
Provide inputs related to the Software and Menu setup Co-ordination Yes application. X
PRI Lines Yes Technical Integration X X
Bill OBD as per the Toll Free Number Procure and pay RFP X X
Monitor; Pay for Call Center PRI lines. Set-up and manage X Use
Provision for charging convenience To agree for Co-ordination with fees. Reconciliation convenience Convenience Fees departments. and settlement. fees. To pay.
Co-ordinate with Payment Gateway Providers; Technical Integration; Enable To accept payments for integration; services requiring Provide users to pay. necessary Reconciliation and details for settlement. Any other settlement Payment Gateway work as per the RFP. etc.
To quote and provide estimate; Do the Place work within requirements Change Request Place requirements. estimated timelines to NeGD X
To provide for all the Provide details and access documents/reports whenever Application Audit Co-ordination to the auditors required. X
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11 Transactions Estimates (Indicative) Transactions through various channels have been estimated by extrapolation of the Usage Data of a similar initiative of Government of Karnataka (i.e. Mobile One). The detailed estimation is at Annexure C of this document.
12 Roles and Responsibilities The following section outlines the responsibilities of NeGD, Partner Agency and Integrating Departments.
12.1 Partner Agency i. The Partner Agency is responsible for development and maintenance of the UMANG platform as mentioned in this RFP and to comply with all necessary standards and regulations. ii. Responsible for integration with SMS Aggregator for SMS based Push & Pull services. iii. The Partner Agency shall provide multi lingual support as mentioned in section 4.8(i). iv. UMANG platform will be hosted on DC and DR site in the NIC cloud or any other DeitY empanelled cloud service provider on hot stand by mode so that in case of a failure at DC the operations of UMANG platform shift to DR site without affecting the availability of platform. v. Responsible for day to day operation of the UMANG platform including reporting, issue resolution etc. pertaining to the UMANG platform. vi. Responsible for creating APIs for department for enablement on UMANG platform. vii. Responsible for creation of APIs for external entities/third parties. viii. Documentation and publishing of integration APIs on the UMANG web portal. ix. Compliance & Certifications
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a. Responsible for compliance of the platform to various guidelines & regulations (eg. RBI’s mobile banking & payment guideline, TRAI’s Bulk SMS Guideline). b. Provide necessary help to NeGD for various certifications which are mandatory for smooth functioning of UMANG. i. NeGD will pay for the certification cost (eg. PCI / DSS). ii. NeGD to decide on the timing for the certification depending on the business need. x. The Partner Agency will create and take a sign-off on the documents required at various stages of SDLC including FRS (Functional Requirement Specification) during UMANG development and maintenance and support. It will be also responsible for regular updation of the documents as and when required. xi. Conduct training to help government departments to enable mobile services for the respective departments so as to generate maximum benefit out of the mobile governance initiative. xii. Will undertake all the tasks related to hosting, deployment and operation for smooth functioning of UMANG platform on NIC Cloud or any other DeitY empanelled cloud service provider, with due permission from NeGD. xiii. Partner Agency will be responsible for procuring all the necessary hardware and software for deployment and running of UMANG project. Please refer Annexure III for details on hardware and software that will be provided for if UMANG is hosted on NIC cloud. xiv. Will provide all the information related to network infrastructure, internet connectivity, power backups for smooth functioning of the UMANG platform on NIC Cloud. xv. Provide backup tapes/disks for periodic backup of the data, software and other related configurations of UMANG platform in DC and DR. xvi. Responsible for providing Level 1 support: a. Publish a number for citizen to dial-in to lodge help desk request. b. Publish email id for citizen to send request via email.
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c. Help Desk personnel should be familiar with English, Hindi and all Indian Regional Languages. d. Help Desk should be available 24x7 from 8:00 AM to 8:00 PM. xvii. Work closely with NeGD to manage day to day relationship with telecom operator, financial institutions, other government departments and any other external entity as identified by NeGD for operationalization and management of the platform.
xviii. Appoint Payment Gateway and Banking partners for all Payment services like Netbanking, Credit cards, Debit cards, IMPS, Telco Wallets etc.. xix. Liaison with Payment Gateway and Banking partners and manage all necessary day to day coordination with them. xx. Manage FAT (Functional Acceptance Testing), Load Testing, Performance Scalability Testing. The Partner Agency will be providing the necessary baseline documents and other documentary evidence of carrying out the testing for UMANG project. xxi. Will be responsible for getting all necessary sign offs and approvals from Government Departments. xxii. The Partner Agency is allowed to sub-contract the work pertaining to Application Enablement task ONLY to other agencies. No other work shall be allowed to be sub-contracted. In cases where the work is sub-contracted, the liability of SLAs would be with the Partner Agency.
12.2 National e-Governance Division (NeGD) NeGD is the implementing Department and primarily responsible for all regulatory and program management and project monitoring responsibilities as given below:
i. Constitute the Governance and Project Management Structures as required for implementation and rollout of UMANG Platform. ii. Create PMU (Program Management Unit) who would be responsible for management of UMANG initiative for rollout on PAN India basis.
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iii. Continuous monitoring of Program Management Unit and evaluate the performance of the same on regular intervals. iv. Evaluate the bids received in response to UMANG Partner Agency Selection RFP and support NeGD in selection of the Partner Agency. v. Provide Work Order to the Partner Agency before Partner Agency starts Application on-boarding. vi. End-to-end management of UMANG initiative for rollout on PAN India basis. vii. Responsible for drafting scope document for enabling services based on which the Partner Agency will develop the services. viii. Review of functional specifications, test documents, acceptance plant, project plans, architecture related to UMANG platform ix. Create a channel selection matrix for enabling mobile services on different channel. i.e. the document should clearly suggest which service should be enabled on what all different channels for the departments. x. Project evaluation and SLA monitoring and clearance of invoices raised by the Partner Agency on time. xi. Facilitate in getting adequate space and racks in the NIC Data center and DR Center to host the UMANG servers. xii. Evaluate Change Requests raised by the Partner Agency and ensuring timely approval on the change request effort estimations. xiii. Perform validation of all the deliverables with regards to UMANG platform. xiv. Continuous monitoring of the project and evaluate the performance of the same on regular intervals. xv. Facilitate meeting of the Steering Committee at regular intervals to take stock of the progress of the project, resolve issues. xvi. Issue relevant Government Orders and guidelines with respect to any reforms or Business process reengineering with defined Standard operating procedures (SOP). xvii. Appoint 3rd party agencies for Security Audits or any other audit. xviii. Strive to get necessary Government Orders for higher adoption of UMANG platform and on-boarding of services.
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xix. Do all necessary liaisons with Government Departments, NeGD, NIC, DeitY, external entities (TRAI, NPCI, RBI etc.) and Partner Agency etc. xx. Facilitate procurement of toll free number. xxi. Interface with all Telecom operators for speeding up integration process and coordinate with Telecom Ministry for getting short codes for SMS and toll free for IVR. xxii. To coordinate with Telecom Operators for MSISDN forwarding, Multimodal number etc.
12.3 Integrating Departments UMANG platform will be deployed in the NeGD selected Cloud and will be accessible to all integrating Govt. departments through a secure connectivity. NeGD will coordinate with these departments. The responsibilities of the integrating departments are: 1. Appoint single point of contact to work with NeGD/Partner Agency. 2. Classify services within the integrating department based on the back-end availability of API and eGov enablement. 3. Classify services based on guidelines from NeGD for UMANG Mobile App and other channels. 4. Service identification and scope finalization, specifications and all necessary sign off of services for enablement on UMANG Platform . 5. Participate in discussion with Partner Agency to select appropriate templates for services. 6. Identify the API availability of services and create and approve the specifications for the service. 7. Integrate with the UMANG platform using the UMANG API and the department API for transfer of data. 8. Test services and approve these for taking live.
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13 Instructions to Bidder
13.1 Tentative Calendar of Events Item # Milestone Days
RFP Phase
1. Release of Request For Proposal 20/04/2016
2. Last date for Submission of Written Questions by 30/04/2016 Bidders
3. Pre-Bid Conference 05/05/2016
4. Response to bidder Questions 11/05/2016
5. Last Date for Submission of Proposals 06/06/2016
13.2 RFP Document Fees RFP document same can be downloaded from NeGD website www.negd.gov.in. Tender fees will be Rs. 5,250 only (Rupees Five Thousand Two Hundred Fifty Only), to be submitted in the form of a non-refundable bank demand draft drawn in favour of MEDIA LAB ASIA – NEGD, payable at Delhi. The demand draft of RFP document fees should be submitted along with Technical proposal. Tenders received without or with inadequate RFP document fees shall be liable to get rejected. The bidders are expected to examine all instructions, forms, terms, project requirements and other information in the RFP documents. Failure to furnish all information required as mentioned in the RFP documents or submission of a proposal not substantially responsive to the RFP documents in every respect will be at the bidder's risk and may result in rejection of the proposal and forfeiture of the bid security.
13.3 Pre-Bid Conference NeGD will host a Pre-Bid Conference, tentatively scheduled on 5th May 2016. The date, time and venue of the conference will be intimated to all bidders through e-mail or fax. The
60 | P a g e representatives of the shortlisted organizations may attend the pre-bid conference at their own cost. The purpose of the conference is to provide bidders with information regarding the RFP and the proposed solution requirements in reference to the RFP. Pre-Bid Conference will also provide each bidder with an opportunity to seek clarifications regarding any aspect of the RFP and the project.
13.4 Response to Bidder’s Queries All enquiries from the bidders relating to this RFP must be submitted in writing exclusively to the contact person. Contact details for the RFP are as follows: Name: Sh. Amit Kumar Address:4th Floor, NeGD, Electronics Niketan, 6 CGO Complex, New Delhi - 110003 E-mail: umang@digitalindia.gov.in Telephone: 011-30481641 The queries should necessarily be submitted in the following format: # Bidding Document Content of RFP Points of Reference(s) requiring clarification (section number/ clarification Required page number)
All enquiries should be sent in writing through authorized signatory of the company followed by word document in an email. NeGD shall not be responsible for ensuring that bidders’ enquiries have been received by NeGD. However, NeGD neither makes any representation or warranty as to the completeness or accuracy of the responses, nor does it undertakes to answer all the queries that have been posed by the bidders. All responses given by NeGD will be distributed to all the bidders, without displaying the name of bidders who raised the queries.
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13.5 Supplementary Information / Corrigendum / Amendment to the RFP If NeGD deems it appropriate to revise any part of this RFP or to issue additional data to clarify an interpretation of the provisions of this RFP, it may issue supplements/corrigendum to this RFP. Such supplemental information will be communicated to all the bidders by e-mail and will also be made available on NeGD’s website. Any such supplement shall be deemed to be incorporated by this reference into this RFP.
At any time prior to the deadline (or as extended by NeGD) for submission of bids, NeGD, for any reason, whether at its own initiative or in response to clarifications requested by prospective bidder may modify the RFP document by issuing amendment(s). All bidders will be notified of such amendment(s) by publishing on the websites, and these will be binding on all the bidders.
In order to allow bidders a reasonable time to take the amendment(s) into account in preparing their bids, NeGD, at its discretion, may extend the deadline for the submission of bids.
13.6 Proposal Preparation Costs The bidder shall be responsible for all costs incurred in connection with participation in the RFP process, including, but not limited to, costs incurred in conduct of informative and other diligence activities, participation in meetings/discussions/presentations, preparation of proposal, in providing any additional information required by NeGD to facilitate the evaluation process, and in negotiating a definitive Service Agreement (Master Service Agreement) and all such activities related to the bid process. This RFP does not commit NeGD to award a contract or to engage in negotiations. Further, no reimbursable cost may be incurred in anticipation of award of the contract for implementation of the project.
13.7 NeGD’s Right to terminate the Process NeGD makes no commitments, explicit or implicit, that this process will result in a business transaction with anyone. Further, this RFP does not constitute an offer by NeGD. The bidder’s participation in this process may result in NeGD selecting the bidder to engage in
62 | P a g e further discussions and negotiations towards execution of a contract. The commencement of such negotiations does not, however, signify a commitment by NeGD to execute a contract or to continue negotiations.
13.8 Earnest Money Deposit (EMD) Bidders shall submit, along with their Bids, an EMD amount of Rs. 50,00,000 only ( Rupees Fifty lakhs Only) in the form of a Demand Draft/ Bank Guarantee/Banker’s cheque/FDR issued by any Commercial bank in favour of MEDIA LAB ASIA-NEGD payable at Delhi.
EMD should be valid for 225 days (180 days bid validity period+ 45 days beyond bid validity) from the opening date of the tender. Bid security in any other form will not be accepted. Format for bid security is provided in section 2.2.4 of Master Services Agreement. Bank Guarantee to be provided against this tender should be issued by a commercial bank.
EMD shall be returned to the unsuccessful bidder at the earliest after final bid validity and latest on or before the 30th day after the award of contract to successful bidder. The bid security, for the amount mentioned above, of successful bidder would be returned upon submission of Performance Guarantee. Also, bid security should remain valid for a period of 45 days beyond the final bid validity period.
The bid security amount is interest free and will be refundable to the unsuccessful bidders without any accrued interest on it.
The bid submitted without bid security, as mentioned above, will be summarily rejected.
The bid security may be forfeited:
1. If a bidder withdraws its bid during the period of bid validity 2. If the bidder fails to sign the contract in accordance with terms and conditions (Only in case of a successful bidder) 3. Fails to furnish performance security 4. Any information given is found wrong.
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13.9 Authentication of Bids The original and all copies of the bid shall be typed or written in indelible ink and signed by the Bidder or a person duly authorized to bind the Bidder to the contract. A letter of authorization shall be supported by a written power-of-attorney accompanying the bid. All pages of the bid, except for un-amended printed literature, shall be initialled and stamped by the person or persons signing the bid.
13.10 Interlineations in Bids The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialled by the person or persons signing the bid.
13.11 Venue & Deadline for submission of proposals Proposals, in its complete form in all respects as specified in the RFP, must be submitted in the tender box kept at the address specified below:
Name and Address: Telephone: Email: Last Date & Time of submission:
13.12 Late Bids Bids received after the due date and the specified time (including the extended period if any) for any reason whatsoever, shall not be entertained and shall be returned unopened.
13.13 Bid Submission Instructions Proposals must be direct, concise, and complete. NeGD will evaluate bidder’s proposal based on its clarity and the directness of its response to the requirements of the project as outlined in this RFP. Bidders shall furnish the required information on their technical and commercial proposals in the enclosed formats only. Any deviations in format or if the envelopes are not sealed properly, the tender will be liable for rejection.
13.14 Mode of Submission Submission of bids shall be in accordance to the instructions given in the Table below:
Envelope Instructions
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Envelope 1: Bid Security The envelope containing the Bid Security shall be sealed and super scribed “Bid Security – Unified Mobile Application for New-age Governance (UMANG)”. This envelope should not contain any Commercials, in either explicit or implicit form, in which case the bid will be rejected. This envelope should also contain “Undertaking from the bidder on submitting the commercial proposal” A board resolution authorizing the Bidder to sign/ execute the proposal as a binding document and also to execute all relevant agreements forming part of RFP shall be included in this envelope.
Envelope 2: Technical Proposal The Technical Proposal shall be prepared in accordance with the requirements specified in this RFP and in the formats prescribed in the RFP. The envelope shall be sealed and super scribed “Technical Proposal – Unified Mobile Application for New-age Governance (UMANG)” on the top right hand corner and addressed to NeGD, at the address specified in this volume. This envelope should not contain any Commercials, in either explicit or implicit form, in which case the bid will be rejected. The technical proposal should be submitted with two printed copies of the entire proposal and a soft copy on non-
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rewriteable compact discs (CDs) with all the contents of the technical proposal. The words “Technical Proposal – Unified Mobile Application for New-age Governance (UMANG)” shall be written in indelible ink on the CD. The Hard Copy shall be signed and numbered by the authorized signatory on all the pages before being put along with the CD in the envelope and sealed. In case of discrepancies between the information in the printed version and the contents of the CDs, the printed version of the technical proposal will prevail and will be considered as the proposal for the purpose of evaluation. Envelope 3: Commercial Proposal The Commercial Proposal will be submitted only in the printed format and the bidder is expected to submit one copy of the Commercial Proposal as per the formats defined in the RFP All the pages in the commercial response should be on the letterhead of the Bidder with a seal and signature of the authorized signatory of the Bidder. The hard copy shall be signed by the authorized signatory on all the pages before being put in the envelope and sealed. The envelope should also be superscribed “Commercial Proposal – Unified Mobile Application for New-age Governance (UMANG)” (Not to be opened with the
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Technical Proposal)at the top right hand corner and addressed to NeGD at the address specified in this RFP. Envelope 4 All the above 3 envelopes along with the tender fees documents should be put in Envelope 4 which shall be properly sealed. The outside of the envelope must clearly indicate the name of the project (“Unified Mobile Application for New-age Governance (UMANG): Response to the RFP for Selection of Partner Agency”). Note: The outer and inner envelopes mentioned above shall indicate the name and address of the bidder agency. Failure to mention the address on the outside of the envelope could cause a proposal to be misdirected or to be received at the required destination after the deadline.
NeGD will not accept delivery of proposal in any manner other than that specified in this volume. Proposal delivered in any other manner shall be treated as defective, invalid and rejected.
The bidders are requested to sign/ stamp across the envelopes along the line of sealing to ensure that any tampering with the proposal cover could be detected.
The envelope with technical and commercial proposals should be submitted along with a certified true copy of the corporate sanctions/approvals authorizing its authorized representative to sign/act/execute documents forming part of this proposal including various RFP documents and binding contract, at the address and time as specified in this RFP.
The proposals shall be valid for a period of Six (6) months from the date of opening of the proposals. A proposal valid for a shorter period may be rejected as non-responsive. On completion of the validity period, unless the bidder withdraws his proposal in writing, it
67 | P a g e will be deemed to be valid until such time that the bidder formally (in writing) withdraws his proposal.
In exceptional circumstances, at its discretion, NeGD may solicit the bidder's consent for an extension of the validity period. The request and the responses thereto shall be made in writing.
13.15 Commercial Proposal - In the commercial bid, the Bidder is expected to price for all the items and services it has proposed in the Technical Proposal. NeGD, may seek clarifications from the Bidder on the Technical Proposal. Any of the clarifications by the Bidder on the technical proposal should not have any commercial implications. The Commercial Proposal submitted by the Bidder should be inclusive of all the items in the technical proposal and should incorporate all the clarifications provided by the Bidder on the technical proposal during the evaluation of the technical offer.
- Unless expressly indicated in this RFP, bidder shall not include any technical information regarding the services in the commercial proposal. Additional information directly relevant to the scope of services provided in the RFP may be submitted to accompany the proposal. However, this information will not be considered for evaluation purposes. All the Prices/ Commercials shall be quoted entirely in Indian Rupees for preparation of Commercial Proposal against this RFP. The bidder must provide the Commercial Proposal in hard copy only and should not comprise of any direct/ indirect conditions. It is required that the all the proposals submitted against the RFP should be unconditional.
13.15.1 Correction of Error Bidders are advised to exercise adequate care in quoting the prices. No excuse for corrections in the quoted figures will be entertained after the commercial proposals are received by NeGD. All corrections, if any, should be initialled by the person signing the proposal form before submission, failing which the figures for such items may not be considered.
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Arithmetic errors in proposals will be corrected as follows: In case of discrepancy between the amounts mentioned in figures and in words, the amount in words shall govern. The amount stated in the proposal form, adjusted in accordance with the above procedure, shall be considered as binding, unless it causes the overall proposal price to rise, in which case the proposal price mentioned in figure shall govern.
13.15.2 Prices and Price Information The Bidder shall quote a price for all the components, the services of the solution to meet the requirements of NeGD. All the prices will be in Indian Rupees
No adjustment of the price quoted in the Commercial Proposal shall be made on account of any variations in costs of labour and materials, currency exchange fluctuations with international currency or any other cost component affecting the total cost in fulfilling the obligations under the contract
The price quoted in the Commercial Proposal shall be the only amount payable to the successful Bidder for completion of the contractual obligations by the successful Bidder under the Contract, subject to the terms of payment specified as in the proposed commercial bid or the one agreed between NeGD, and the Bidder after negotiations. The price would be inclusive of all taxes, duties, charges and levies as applicable.
The prices, once offered, must remain fixed and must not be subject to escalation for any reason whatsoever within the period of the validity of the proposal and the contract. A proposal submitted with an adjustable price quotation or conditional proposal may be rejected as non-responsive.
Bidder should provide all prices, quantities as per the prescribed format given in Format for Bid Response – Commercial Bid. Bidder should not leave any field blank. In case the field is not applicable, Bidder must indicate “0” (zero) in all such fields.
It is mandatory to provide the break-up of all components in the format specified for detailed Bill of Material. The commercial bid should include the unit price and proposed number of units for each component provided in the Bill of Material in the commercial bid. In case of a discrepancy between the Bill of Material and the commercial bid, the
69 | P a g e commercial bid remains valid. In no circumstances shall the commercial bid be allowed to be changed / modified.
The price should be quoted inclusive of all taxes and levies (Local Octroi and all other taxes) All the taxes of any nature whatsoever shall be borne by the Bidder including any additional taxes/levies due to change in tax rates through the validity of the bid and contract.
All costs incurred due to delay of any sort, shall be borne by the Bidder.
NeGD, reserves the right to ask the Bidder to submit proof of payment against any of the taxes, duties, levies indicated within specified time frames.
13.16 Language of Proposals The proposal and all correspondence and documents shall be written in English. All proposals and accompanying documentation will become the property of NeGD, and will not be returned.
13.17 Conditions under which this RFP is issued This RFP is not an offer and is issued with no commitment. NeGD, reserves the right to withdraw the RFP and change or vary any part thereof at any stage. NeGD, also reserves the right to disqualify any bidder should it be so necessary at any stage.
Timing and sequence of events resulting from this RFP shall ultimately be determined by NeGD.
No oral conversations or agreements with any official, agent, or employee of NeGD, shall affect or modify any terms of this RFP and any alleged oral agreement or arrangement made by a bidder with any department, agency, official or employee of NeGD, shall be superseded by the definitive agreement that results from this RFP process. Oral communications by NeGD, to bidders shall not be considered binding on it, nor shall any written materials provided by any person other than NeGD.
Neither the bidder nor any of the bidder’s representatives shall have any claims whatsoever against NeGD or any of their respective officials, agents, or employees arising
70 | P a g e out of or relating to this RFP or these procedures (other than those arising under a definitive service agreement with the bidder in accordance with the terms thereof).
Until the contract is awarded and during the currency of the contract, bidders shall not, directly or indirectly, solicit any employee of NeGD, to leave NeGD, or any other officials involved in this RFP process in order to accept employment with the bidder, or any person acting in concert with the bidder, without prior written approval of NeGD.
13.18 Rights to the Content of the Proposal All proposals and accompanying documentation of the Technical proposal will become the property of NeGD, and will not be returned after opening of the technical proposals. The commercial proposals that are not opened may be returned to the bidders. NeGD is not restricted in its rights to use or disclose any or all of the information contained in the proposal and can do so without compensation to the bidders. NeGD shall not be bound by any language in the proposal indicating the confidentiality of the proposal or any other restriction on its use or disclosure.
13.19 Modification and Withdrawal of Proposals No proposal may be withdrawn in the interval between the deadline for submission of proposals and the expiration of the validity period specified by the bidder on the proposal form. Entire bid security may be forfeited if any of the bidders withdraw their bid during the validity period.
13.20 Non-Conforming Proposals A proposal may be construed as a non-conforming proposal and ineligible for consideration:
If it does not comply with the requirements of this RFP. Failure to comply with the technical requirements, and acknowledgment of receipt of amendments, are common causes for holding proposals non-conforming
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If a proposal appears to be “canned” presentations of promotional materials that do not follow the format requested in this RFP or do not appear to address the particular requirements of the proposed solution, and any such bidders may also be disqualified
13.21 Disqualification The proposal is liable to be disqualified in the following cases or in case bidder fails to meet the bidding requirements as indicated in this RFP:
1. Proposal not submitted in accordance with the procedure and formats prescribed in this document or treated as non-conforming proposal 2. During validity of the proposal, or its extended period, if any, the bidder increases his quoted prices 3. The bidder qualifies the proposal with his own conditions 4. Proposal is received in incomplete form 5. Proposal is received after due date and time at the designated venue 6. Proposal is not accompanied by all the requisite documents 7. If bidder provides quotation only for a part of the project 8. Information submitted in technical proposal is found to be misrepresented, incorrect or false, accidentally, unwittingly or otherwise, at any time during the processing of the contract (no matter at what stage) or during the tenure of the contract including the extension period if any 9. Commercial proposal is enclosed with the same envelope as technical proposal 10. Bidder tries to influence the proposal evaluation process by unlawful/corrupt/fraudulent means at any point of time during the bid process 11. In case any one bidder submits multiple proposals or if common interests are found in two or more bidders, the bidders are likely to be disqualified, unless additional proposals/bidders are withdrawn upon notice immediately 12. Bidder fails to deposit the Performance Security or fails to enter into a contract within 30 working days of the date of notice of award of contract or within such extended period, as may be specified by NeGD. Bidders may specifically note that while evaluating the proposals, if it comes to NeGD’s knowledge expressly or implied, that some bidders may have colluded in any manner whatsoever or
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otherwise joined to form an alliance resulting in delaying the processing of proposal then the bidders so involved are liable to be disqualified for this contract as well as for a further period of three years from participation in any of the tenders floated by NeGD 13. The bid security envelope, technical proposal and the entire documentation (including the hard and soft/electronic copies of the same) submitted along with that should not contain any information on price, pricing policy, pricing mechanism or any information indicative of the commercial aspects of the bid.
13.22 Conflict of Interest Bidder shall furnish an affirmative statement as to the absence of, actual or potential conflict of interest on the part of the Bidder or any prospective subcontractor due to prior, current, or proposed contracts, engagements, or affiliations with NeGD/DeitY. Additionally, such disclosure shall address any and all potential elements (time frame for service delivery, resource, financial or other) that would adversely impact the ability of the Bidder to complete the requirements as given in the RFP. Please use form given in Format – Other Formats for making declaration to this effect.
14 Bidding and Evaluation Process
14.1 Eligibility Criteria The following criterion shall be met by the company:
S.No Parameter Criteria Evidence to be Submitted 1 Legal Entity 1. A company incorporated in 1. Copy of Certificate of India under the Companies Act, Incorporation 1956/LLP registered under LLP 2. Copy of Registration Act 2008 and subsequent Certificates with the Service amendments thereto Tax & VAT Authorities 2. Registered with the Service 3. Copy of purchase orders Tax and VAT Authorities in showing at least 3 years of
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India operations 2 Turnover The company shall have a Audited Balance Sheet for Cumulative Total Turnover of the year INR 30 Crores during last 2015 – 2016 three financial years (i.e. Year 2014 – 2015 2013-14, year 2014-15 & year 2013 – 2014 2015-16) with minimum turnover of INR 10 crores in Certificate by Chartered each of last three years in one Accountant of the following areas or any combination thereof, Telecom applications/ VAS IT Applications 3 Experience Bidder should have experience Copy of work order + of at least 3 projects involving Completion Certificates G2C/G2G/B2C services on from the client; OR Work all or any one of Telecom Order + Self Certificate of channels viz. SMS Pull/IVR Completion (Certified by and CS/independent auditor of mobile applications the bidding entity); OR Work Order + Phase Completion Certificate from one of the Directors of the bidding entity/client certificate 4 Blacklisting Bidder should not have been Self-certificate letter blacklisted or debarred from undertaking to this effect on tendering by Govt. of company's letter head India/State signed by company’s Government/Central PSU at the authorized signatory.
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time of bid submission date
i. Consortium shall be allowed to participate in the bid subject to a maximum of three members. The Lead company of the consortium is required to fulfil the above criteria. Only the Lead Company shall interact with NeGD for all obligations/ payments. Change in consortium members, only after prior permission from NeGD, shall be allowed provided the lead company remains same. Lead company shall be referred to as the Bidder. A document shall be submitted regarding the formation of the consortium. The members of the consortium shall be responsible for the project individually as well as collectively. ii. The bidder shall give an undertaking to establish office in 4 regions of the country within 6 months of placement of work order.
14.2 Evaluation Criteria
14.2.1 Technical Evaluation Criteria
The technical bids shall be evaluated and will be given marks based on the following criterion:
# Category Marks Marking procedure 1 Projects involving 10 3 projects– 6 marks, G2C/G2G/B2C services on all or 4 to 8 projects – 8 marks any one of Telecom channels viz. SMS(Pull & Push) /IVR 8 and more projects -10 marks 2 Projects involving G2C/G2G/B2C 15 3 projects– 10 marks, . services on Mobile 4 to 8 projects – 12 marks Application/Mobile Web
8 and more projects -15 marks 3 Demo of technical 30
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capabilities/features required under UMANG 10 marks Mobile Application/Mobile Web 5 marks API Integration Layer 5 marks SMS Push and PULL Interface 5 marks Payment Gateway 5 marks IVRS 4 Presentation on understanding of 15 the project (see detailed breakup below) 4 No. of Transactions through one 10 1 L/month – 4 marks Mobile App deployed by 1-2 L/month – 6 marks bidder/consortium partner
2-3 L/month – 8 marks
3-4 L/month–10 marks 6 No. of transactions through One 5 0.5 L/month – 2 marks IVR system. 0.5-1 L/month – 3 marks
1-2 L/month – 4 marks
2-3 L/month – 5 marks 7 No. of applications/back-end 15 5-10 – 5 marks integrated 11-20 – 8 marks
> 20 – 10 marks
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Category Marks Mobile Governance Solution Offered by Bidder (15 Marks) Understanding of the Functional requirements (minimum 500 words limited to 1000 word document for each sub-section with necessary diagrams ) [5 Marks] i. Understanding of the scope of the project 0.5 ii. Description of various functional components of the platform 1 iii. Description of functional dependencies on components provided by sub-contractors and departments to enable service successfully on the platform 1
iv. Description of various Non-Functional Requirements (UI, UX, Branding etc.) of the Application 0.5 Understanding of the Technical requirements (minimum 500 words limited to 1000 word document for each sub-section with necessary diagrams ) [4 Marks] i. Technical solution, platform components and overall architecture 1 ii. Deployment architecture of the platform components 1 iii. Description of how platform(application and DB) will be capable of supporting high availability , avoids single point of failure and scalability requirements 1 iv. Understanding of various technical dependencies on sub-contractors and departments to enable service 1 v. Methodology to handle security of the system. Design considerations to handle security. 2 Mobile Governance Vision (minimum 500 words limited to 1000 word document with necessary diagrams ) [2 Marks] 2
Bidder's vision on mobile governance and 5 year product plan to meet Govt of India's vision of comprehensive mobile governance strategy
Project Management (minimum 500 words limited to 1000 word document for each sub-section with necessary diagrams ) [4 Marks] i. Project management methodology 1.5 ii. Testing / Certification / Deployment Process 1.5 iii. Training & Documentation Plan 1 Total 15
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The bidder has to get minimum 70 marks to qualify for the commercial evaluation. The technical Evaluation criteria can be met by the consortium as a whole.
14.2.2 Financial Evaluation The financial bids of only the bidders who have secured required score in the technical evaluation will be considered for the financial bid evaluation. The financial proposal evaluation will be based on L1; the lowest cost (Q) is the winning bidder decided on the following calculation (Refer Table1 for definitions of A, B, C, D, E,F and G):
Q = 40 * A + 160 * B + C + 170000000 * D + (E * 3/100) * C + 16000000 * F + 2000 * G
Components
Application Enablement Platform SMS Rates AMC Convenience Change Fee (Push) Fee Request Fee (Per Application) (one time fee) Without With (per (per (per Man Day) successful successful API API transaction) payment developmen developmen transaction) t t
(in INR) (in INR) (in INR) (in INR) (% of (in INR) (in INR) C)
(A) (B) (C) (D) (E) (F) (G)
No. of No. of No. of man Estimates No. of No. transactions payment days = 2000 for L1 Application Applications = transactions = evaluation = 40 = 160 170000000 16000000 (17Cr.) (16 lakhs)
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(For details of the above estimated transactions, used for L1 evaluation, please see Annexure C. However, the actual figures may vary during the project period. Bidders are advised to do respective due diligence for the transaction estimates).
To facilitate evaluation of bids, NeGD, at its sole discretion, may seek clarification in writing from any bidder regarding the bid. Final choice of firm for the project shall be made on the basis of conformity to pre qualification, appropriateness of the financial offer from point of view of cost effectiveness over the entire period for the services and capability of the firm to execute and service the project.
14.3 Negotiations, Contract Finalization and Award The NeGD reserves the right to negotiate with the bidder (s) whose financial proposal has been ranked lowest (L1) by the committee if it so desires. A contract will be awarded to the responsible, responsive bidder whose proposal conforms to the RFP and is, in the opinion of NeGD, the most advantageous and represents the best value to the proposed Project, price and other factors considered. Evaluations will be based on the proposal submitted while responding to the bid, and any additional information requested by the Tender Scrutiny Committee while evaluating.
14.4 NeGD’s Right to Accept Any Proposal or Reject any or all proposals a. NeGD reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected.
b. NeGD may at their sole discretion and at any time during the evaluation of Proposal, disqualify any bidder, if the bidder has:
. Submitted the Proposal documents after the response deadline; . Made misleading or false representations in the forms, statements and attachments submitted in proof of the eligibility requirements;
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. Exhibited a record of poor performance such as abandoning works, not properly completing the contractual obligations, inordinately delaying completion or financial failures, etc. in any project in the preceding three years; . Submitted a proposal that is not accompanied by required documentation or is non-responsive; . Failed to provide clarifications related thereto, when sought; . Submitted more than one Proposal; . Declared ineligible by the Government of India/ State/ UT Government for corrupt and fraudulent practices or blacklisted. . Submitted a proposal with price adjustment/variation provision.
15 Award of Contract
15.1 Award Criteria NeGD will award the Contract to the successful bidder whose proposal has been determined as the best value proposal based on Technical and Financial evaluation criteria and accepted by NeGD.
15.2 NeGD’s Right to Accept Any Proposal and to Reject Any or All Proposals NeGD, reserves the right to accept or reject any proposal, and to annul the tendering process and reject all proposals at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for NeGD’s action.
15.3 Signing of Contract At the same time as NeGD notifies the successful bidder that its proposal has been accepted, NeGD shall enter into a separate contract, incorporating all agreements between NeGD and the successful bidder. The Contract (Master Service Agreement) is provided in the Appendix of the RFP.
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16 Payment Terms and Schedules
16.1 Ownership i. NeGD will hold the license for the full project period of proprietary component/s, if any, under UMANG. Further the IPR of all the system and application Softwares (other than the proprietary component) that are part of the UMANG and any derivative works, modifications, enhancements or improvements to the software or its related source code or and documentation and also all copyrights and trademarks. Details of IPR are provided in MSA. ii. Department to own APIs along with source code and other relevant artefacts such as documentation etc. developed for them by the Partner Agency.
16.2 Performance Security A Performance Security of 10% of value of the contract would be furnished by the successful bidder in the form of a Bank Guarantee as per the format provided in this RFP from any Commercial Bank. Details of the bank are to be furnished in the commercial offer. It can also be submitted in the form of FDR or A/C Payee Demand Draft.
The Performance Security should be furnished before signing of the contract and should be valid for entire term of the contract.
Bank Guarantee to remain valid up to 60 days beyond guarantee/warranty obligations.
NeGD may forfeit the Performance Guarantee/ Security for any failure on part of Bidder to complete its obligations under the Agreement.
The Performance Guarantee/ Security shall be returned after 60 days of expiry of warranty/guarantee obligations.
No amendment to the agreement can be made.
16.3 Liquidated Damages In the event of the Bidder's failure to submit the Bonds, Guarantees and Documents and supply the solution / equipment as per schedule specified in this RFP, NeGD may, at its
81 | P a g e discretion, withhold any payment until the completion of the contract. NeGD may also deduct from the Bidder as agreed, liquidated damages to the sum of 0.5% of the contract payment due against the milestone/s which got delayed/undelivered (see table below for example) for every week of delay or part of a week (on a pro-rata basis), subject to the maximum value of the Liquidated Damages being not more than 10% of the value of payment due against the delayed milestone/s. The right to claim any liquidated damages shall be without prejudice to other rights and remedies available to NeGD, under the contract and law.
S. No Milestone Penalty for delay
1. Delay in Platform Deployment and 0.5 % of {40% of C(Platform Cost)} for every Go-Live. week of delay.
2. Delay in enabling 50 applications 0.5 % of {20% of C (Platform Cost)} for every on UMANG. week of delay.
3. Delay in enabling 70 applications 0.5 % of {20% of C(Platform Cost)} for every on UMANG. week of delay.
4. Delay in enabling 80 applications 0.5 % of {20% of C(Platform Cost)} for every on UMANG. week of delay.
16.4 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 as per the terms of the Agreement; 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 Price
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17 Timelines Item # Milestone Days
RFP Phase
1. Release of Request For Proposal 20/04/2016
2. Last date for Submission of Written Questions by 30/04/2016 Bidders
3. Pre-Bid Conference 05/05/2016
4. Response to bidder Questions 11/05/2016
5. Last Date for Submission of Proposals 06/06/2016
Development Phase
6. Issue of Work Order to successful Bidder T0
7. User Acceptance Test (UMANG platform with 5 T0 +75 applications)
8. Launch (UMANG platform with 5 applications) T0+90=T1
Implementation Phase
9. On Boarding of additional 45 applications T0 + 1 year
10. On Boarding of additional 70 applications T0 + 2 years
11. On Boarding of additional 80 applications T0+ 3 years
Operation and Maintenance Phase T1 onwards
*These are tentative dates and subject to all approvals from competent authority
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18 Service Level Agreement (SLA)
18.1 Introduction This section details the various service levels to be adhered to by the Partner Agency. The performance of the Partner Agency and the payment is linked to the Key Performance Indicators listed in the document. The SLAs are intended to:-
A. Clearly articulate the performance criteria to be used to monitor SLA as well as the criteria used to calculate the penalty if any due to violation of SLAs. B. Help Partner Agency monitor and attain the required service levels. C. Bring to attention of NeGD and integrating department/s any drop in performance levels.
The Partner Agency will be required to meet the SLAs specific to
A. Service Delivery B. Platform Availability C. Performance D. Customer Support E. Change Request
18.2 Service Delivery SLA The usage and effectiveness of UMANG platform is entirely dependent on the ability to enable various services in a timely manner by providing a standardized process for departments to integrate with the platform. The service delivery parameters are defined in the subsequent sections.
18.3 Platform Availability One of the key aspects of UMANG platform is anywhere – anytime – any device availability, which implicitly means 24X7 availability of the platform and services. The SLA parameters to measure availability of the platform are defined in the subsequent sections.
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18.4 Performance The UMANG platform is aimed to bring the citizen closer to the government by enabling various G2C/B2C, G2B, G2E, G2G services. Consistent and timely delivery of services is critical for the success of the platform. It is critical to size the platform and the various components to deliver the services as per the performance parameters defined in the subsequent sections.
18.5 Customer Support The Partner Agency is required to manage the entire customer support process. The customer support team is required to manage customer queries in the most efficient and effective manner. The SLAs for Customer Support are defined in the subsequent sections.
18.6 Severity Levels & Penalty Deviations from the agreed upon performance would need to be consistently measured and severity level for non-compliance need to be assigned. The following table describes the various severity levels.
18.6.1 SEVERITY LEVEL
Severity Description Level 1 Minimum loss of service and minimum loss in quality of service delivered 2 Delay or denial of service or services observed / reported. Lack of availability of a feature results into non enablement of service 3 Delay or denial of services observed, lack of effective and timely communication results into customer support and citizen perception issues 4 Complete loss of service for a period of time resulting into significant inconvenience to the users or multiple instances of complete loss of service resulting into users losing confidence in the system and hence directly affects the ability of the platform to on-board additional services, get buy-in, popularize the service.
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18.6.2 PENALTY The penalty for not meeting the SLA is linked to the severity level of the breach of the SLA. The penalty is applicable if the services are down entirely due to the platform and within the bounds of the platform. Following are the penalties assigned for not meeting the expected service levels:
Severity Penalty as % of (AMC Charges + Convenience Fees )payable per Level month 4 5% 3 3% 2 1.5% 1 0.5%
Total penalty for a month is capped to 20% of the Monthly Payment. The cap will be increased to 30% if the penalties exceed 20% in two consecutive quarters.
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18.7 Application Performance SLA Description Baseline Severity Level Severity Level Severity Level Severity Level 1 Breach 2 Breach 3 Breach 4 Breach
*Time taken by the server to complete < =2 Seconds for <= 2 Seconds <= 2 Seconds <= 2 Seconds <= 2 Seconds for the request originating from the mobile for 98% of for 95% of the for 92% of the 90% of the 99.5% of the (1) the requests requests requests requests upon receiving the request . requests Excluding the time taken by the external system. SLA will breach if more than 2% of the request will take >2 seconds *Time taken to display information in the < =5 Seconds <=5 Seconds <= 5 Seconds <= 5 Seconds <= 5 Seconds portal/app upon request of the for 99.5% of the for 98% of the for 95% of the for 92% of the for 90% of the information from the portal/app by the requests user at 256 kbps communication channel. requests requests requests requests
SLA will breach if more than 2% of the request will take >5 seconds
(Sample and random audits can be done by third party auditors )
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*Service time excludes time taken by external systems like payment gateway, departments or any other issue beyond the control of the Partner Agency etc…
1) Transaction logging module to have ability to record the IN & OUT time at each step of the txn, extracting the data and providing it in the user readable format is the responsibility of the PARTNER AGENCY.
18.8 Availability of Services SLA Description Baseline Severity Level Severity Level Severity Level Severity Level 1 Breach 2 Breach 3 Breach 4 Breach
Availability of the channels (SMS, IVR, 99.90% Up to 99.5% < 99.5 % & < 98% & >= < 96% Mobile Web, Smart Client etc…), the user >=98% 96% should be able to send SMS, dial IVR or Breach access mobile web/ smart client application (any failure due to external factors like lease line failure, telecom network failure etc.. are not part of the SLA but the Partner Agency is required to document the external failures to provide documentary evidence if asked for)
Number of requests to be successfully 99.90% Up to 99.5% < 99.5 % & < 98% & >= < 96% processed by the platform (Processed >=98% 96% includes – successful completion or failure due to business logic enforced by the platform or failure due to data error on user’s part or failure due to any external factors)
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Scheduled downtime(if required) for system maintenance will be for 3 hours from 1 am to 4 am on Sundays and will have to be notified 7 days in advance.
18.9 Service Quality SLA(Indicative) Description Baseline Level 1 Severi Level 2 Severity Level 3 Severity
ty Breach Breach Level Breach Level Level Applicabl Applicabl The number of P0 reported in a Quarter 25 26- 50 Applic3 >50 4e N/A Ne /A The number of P1 reported in a Quarter 100 100-125 able2 >125 3 >150 4 Time taken to fix a P0 once reported 16 Hours >16 and < 24 2 > 24 and 3 >=32 4 Hours <= 32 Hours Hours Time taken to fix a P1 once reported 48 Hours >48 and < 72 1 >72 and 2 >=96 3 Hours <96 Hours Hours
P0 – The bug which results into the user not being able to complete the business transaction / activity
P1 – The bug which impacts the functionality, the business process is delivered at a sub-optimal level or workaround for the identified issue is possible without significant inconvenience to the user or loss of required functionality
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18.10 Help Desk SLA Description Baseline Level 1 Severity Level 2 Severity Level 3 Severity
Breach Level Breach Level Breach Level Applicable Applicabl Applicabl % of tickets responded in 24 hours ( # of >=99% 98-99% e2 97-98% 3e < 97% 4 tickets responded / # of tickets raised in a Qtr) * 100 % of priority 0 tickets resolved in 24 hours ( # >=99% 98-99% 2 97-98% 3 < 97% 4
of tickets resolved/ # of tickets raised in a Qtr) * 100 % of priority 1 tickets resolved in 48 hours ( # >=99% 98-99% 2 97-98% 3 < 97% 4
of tickets resolved/ # of tickets raised in a Qtr) * 100 Priority 0 ticket: Service unavailability / user not being able to complete the business transaction/ activity.
Priority 1 ticket: Significant reduction in system performance or unavailability of business functions resulting into sub-optimal performance / delivery of the business function or workaround for the identified issue is possible without significant inconvenience to the user or loss of required functionality
RESPONDED: Ticket issued and initial response sent to the citizen, automated response or a canned response will not be considered as a valid response for the purpose of SLA.
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RESOLVED: The ticket is resolved and closed with appropriate resolution comments and reason code. Closed means Resolved to the satisfaction of the citizen, Invalid Request, Duplicate Request, Request identified as future product requirement etc…, NeGD and PARTNER AGENCY to work together to define Support Ticket Life Cycle status codes during implementation phase.
Partner Agency to deploy a defect management tool.
18.11 Software Delivery (Change Request) SLA Partner Agency to provide the time required to enable Change Request (if any).
All are elapsed time.
Description Baseline Severity Severity Severity Severity
Level 1 Breach Level 2 Breach Level 3 Breach Level 4 Breach
Delivery of Change As per the Upto 10% of Between 10% - Between 30 % - More than 50 % of agreement Delay 30% of Delay 50 % of Delay Delay (from scoping to implementation)
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19 Payment Schedule i. Partner Agency will be required to submit the invoice in formats prescribed by NeGD from time to time.
ii. Platform enablement and deployment fees will be paid as mentioned in Section 9. iii. Application enablement fees will be paid on a quarterly basis or on completion of 10 applications enablement whichever is earlier.
iv. Any other payments such as SMS Charges, Convenience Fees, AMC(Annual Maintenance Contract Charges, Change Request Charges) etc. will be paid on quarterly basis.
v. Payment to be made after taxes deducting penalties as per the SLA calculation subject to verification of the supporting documents by NeGD.
End of Part 1
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Part 2: Master Service Agreement
THIS AGREEMENT is made on this the <***> day of <***> 2016 at <***>, India.
BETWEEN
<*****>
AND
<***>, a Company registered under the Companies Act, 1956, having its registered office at <***> acting through <***>, authorized through Power of Attorney dated <***> to sign the document (hereinafter referred to as, Partner Agency which expression shall, unless excluded by or repugnant to the context, include its successors/ administrators/ assignees) on the second part.
Each of the parties mentioned above are collectively referred to as the “Parties” and individually as a “Party”.
WHEREAS:
1. NeGD is desirous to implement the Unified Mobile Application for New-age Governance (UMANG), an initiative of National e-Governance Division (NeGD). 2. In furtherance of the same, NeGD undertook the selection of a suitable Partner Agency through a competitive bidding process for implementing the Project and in this behalf issued Request for Proposal (RFP) dated <*****> . 3. The successful bidder has been selected as the Partner Agency on the basis of the Bid Details set out in the Request For Proposal to undertake the Project of the development and implementation of UMANG, its roll out and sustained operations. NOW THEREFORE, in consideration of the mutual covenants, promises, assurances, representations and provisions set forth herein, the Parties hereto agree as follows:
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1 Definitions and Interpretations
1.1.1 Definitions
Definitions Adverse Effect Means material adverse effect on (a) the ability of the Partner Agency to exercise any of its rights or perform/discharge any of its duties/obligations under and in accordance with the provisions of this Agreement and/or (b) the legal validity, binding nature or enforceability of this Agreement;
Agreement Means this Master Services Agreement, Service Level Agreement and Non- Disclosure Agreement together with all Articles, Annexure, Schedules and the contents and specifications of the RFP;
Application Means the software application developed as a part of scope of work set out in the RFP;
Applicable Law(s) Means any statute, law, ordinance, notification, rule, regulation, judgment, order, decree, bye-law, approval, directive, guideline, policy, requirement or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration of the NeGD as may be in effect on the date of the execution of this Agreement and during the subsistence thereof, applicable to the Project;
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Application Downtime Means the time for which user/s is not able to access the application. However, in calculating downtime, scheduled downtime (for example, backup time, batch processing time, routine maintenance time) would not be considered;
Business Hours Shall mean the working time for NeGD personnel which is 9:00 AM to 6:00 PM. Again for Servers and other components which enable successful usage of UMANG platform the working time should be considered as 24 hours for all the days of the week. It is desired that IT maintenance, other batch processes (like backup) etc. should be planned so that such backend activities have minimum effect on the performance;
Confidential Information Means all information including NeGD Data (whether in written, oral, electronic or other format) which relates to the technical, financial and business affairs, which is disclosed to or otherwise learned by the Partner Agency in the course of or in connection with this Agreement (including without limitation such information received during negotiations, location visits and meetings in connection with this Agreement);
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Control Means, in relation to any business entity, the power of a person to secure (i) by means of the holding of shares or the possession of voting power in or in relation to that or any other business entity, or (ii) by virtue of any powers conferred by the articles of association or other document regulating that or any other business entity, that the affairs of the first mentioned business entity are conducted in accordance with that person’s wishes and in relation to a partnership, means the right to a share of more than one half of the assets, or of more than one half of the income, of the partnership;
Deliverables Means the products, infrastructure and services agreed to be delivered by the Partner Agency in pursuance of the agreement as defined in this RFP, Implementation and the Maintenance phases and includes all documents related to the user manual, technical manual, design, process and operating manuals, service mechanisms, policies and guidelines (such as security related, data migration related), inter alia payment and/or process related etc., source code and all its modifications;
Intellectual Property Rights Means all rights in written designs and copyrights, moral rights, rights in databases and UMANG Platform including
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its up-gradation systems and compilation rights (whether or not any of these are registered and including application for registration);
Insurance Cover Means the aggregate of the maximum sums insured under the insurances taken out by the Partner Agency and when used in the context of any act or event, it shall mean the aggregate of the maximum sums insured and payable in relation to such act or event;
Material Breach Means a breach by either Party (NeGD or Partner Agency) of any of its obligations under this Agreement which has or is likely to have an Adverse Effect on the Project which such Party shall have failed to cure;
Parties Means NeGD and Partner Agency for the purposes of this Agreement and “Party” shall be interpreted accordingly;
Performance Guarantee Means the guarantee of 10% of value of the contract in the form of a Bank Guarantee as per the format provided in this RFP from Indian Public Sector Banks or Private Sector Banks authorized by the Government to conduct Government transaction. Details of the bank are to be furnished in the commercial offer.
Planned Application Downtime Means the unavailability of the application services due to maintenance activities such as configuration changes, up-gradation or
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changes to any supporting infrastructure wherein prior intimation (at least two working days in advance) of such planned outage shall be given and approval sought from the NeGD as applicable;
Planned network outage Means the unavailability of the network services due to infrastructure maintenance activities such as configuration changes, up gradation or changes to any supporting infrastructure. Prior intimation of such planned outage shall be given and approval sought from the NeGD as applicable and shall be notified at least two working days in advance;
Project Project Implementation (roll out) and Maintenance in terms of the Agreement;
Project Implementation Means Project Implementation as per the testing standards and acceptance criteria prescribed by NeGD or its nominated agencies;
Project Implementation Phase Shall be from the Effective Date of the Agreement to the date of final acceptance testing & certification;
Replacement Partner Agency Means any third party that NeGD or its nominated agencies appoint to replace Partner Agency upon expiry of the Term or termination of this Agreement to undertake the Services or part thereof;
Required Consents Means the consents, waivers, clearances
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and licenses to use NeGD’s Intellectual Property Rights, rights and other authorizations as may be required to be obtained for the software and other items that NeGD or their nominated agencies are required to make available to Partner Agency pursuant to this Agreement;
Services Means the services delivered to the Stakeholders of NeGD or its nominated agencies, employees of NeGD or its nominated agencies, and to professionals, using the tangible and intangible assets created, procured, installed, managed and operated by the Partner Agency including the tools of information and communications technology and includes but is not limited to the list of services specified in RFP;
Service Level Means the level of service and other performance criteria which will apply to the Services delivered by the Partner Agency
SLA Means SLA executed as part of this Master Service Agreement for performance and maintenance of services
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Software Means the software designed, developed / customized, tested and deployed by the Partner Agency for the purposes of the Project and includes the source code (in case of Bespoke development) along with associated documentation, which is the work product of the development efforts involved in the Project and the improvements and enhancements effected during the term of the Project, but does not include the proprietary software components and tools deployed by the Partner Agency;
Stakeholders Term stakeholders shall cover Citizens/ Citizens groups, NeGD/DeitY, Government Departments
Third Party Systems Means systems (or any part thereof) in which the Intellectual Property Rights are not owned by the NeGD or Partner Agency and to which Partner Agency has been granted a license to use and which are used in the provision of Services;
1.1.2 Interpretation In this Agreement, unless otherwise specified:
a) References to Clauses, Sub-Clauses, Paragraphs, Schedules and Annexure are to clauses, sub-clauses, paragraphs, schedules and annexure to this Agreement; b) Use of any gender includes the other genders;
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c) References to a ‘company’ shall be construed so as to include any company, corporation or other body corporate, wherever and however incorporated or established; d) References to a ‘person’ shall be construed so as to include any individual, firm, company, government, state or agency of a state, local or municipal authority or government body or any joint venture, association or partnership (whether or not having separate legal personality); e) Reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted; f) Any reference to a ‘day’ (including within the phrase ‘business day’) shall mean a period of 24 hours running from midnight to midnight; g) References to a ‘business day’ shall be construed as a reference to a day (other than a Sunday) on which Government offices in the States/UTs are generally open for business; h) References to times are to Indian Standard Time; i) Reference to any other document referred to in this Agreement is a reference to that other document as amended, varied, notated or supplemented at any time; and j) All headings and titles are inserted primarily for convenience. These, in case of any conflict/ambiguity, are to be ignored in the interpretation of this Agreement. k) Partner Agency has been used for the same entity i.e. bidder selected for the project.
1.1.3 Measurements and Arithmetic Conventions All measurements and calculations shall be in the metric system and calculations done to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5 (five) being rounded down except in money calculations where such amounts shall be rounded off to the nearest INR.
1.1.4 Ambiguities within Agreement In case of ambiguities or discrepancies within this Agreement, the following principles shall apply:
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a) As between two Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in a general Clause; b) As between the provisions of this Agreement and the Schedules, the Agreement shall prevail, save and except as expressly provided otherwise in the Agreement or the Schedules; and c) As between any value written in numerals and that in words, the value in words shall prevail.
1.1.5 Scope of the Project The Partner Agency shall be required to follow the scope of work as defined in Part I of this RFP.
1.1.6 Terms & Duration of the Project NeGD intends to grant to the Partner Agency the right to undertake and implement the Project on the terms and conditions set forth below:
a) Successful implementation / Go-Live of the project within the defined period from the date of signing of contract. The Successful implementation / Go-Live of UMANG will be as mentioned in Part I of the RFP. b) Operation and Maintenance of the whole system for a period of three years from the allocation of Work Order. c) Hence, the Overall “Term” for the Project will be at least 3 years. This Agreement shall come into effect on <***> 2016 (hereinafter the ‘Effective Date’) and shall continue till operation and maintenance completion date which shall be the date of the completion of the operation and maintenance to the satisfaction of NeGD or its nominated agencies. d) The project duration can be extended keeping in view functional necessity at the sole discretion of NeGD on pro-rata basis. The information to this effect will however be given to the Partner Agency at least 3 months in advance of currency of the contract.
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1.2 Conditions Precedent & Effective Date
1.2.1 Provisions to take effect upon fulfilment of Conditions Precedent Subject to express terms to the contrary, the rights and obligations under this Agreement shall take effect only upon fulfilment of all the Conditions Precedent set out below. However, NeGD or its nominated agencies may at any time at its sole discretion waive fully or partially any of the Conditions Precedent for the Partner Agency. The time for fulfilling the conditions precedent will be decided by mutual agreement between both the Parties.
1.2.2 Conditions Precedent of the Partner Agency The Partner Agency shall be required to fulfill the Conditions Precedent which are as follows:
- To provide a Performance Security/Guarantee and other guarantees/ payments as and when required to the NeGD or its nominated agencies;
- To provide NeGD or its nominated agencies certified true copies of its constitutional documents and board resolutions authorizing the execution, delivery and performance of this Agreement by the Partner Agency
For the avoidance of doubt, it is expressly clarified that the obligations of the Parties except the financial obligations of NeGD or its nominated agencies under this Agreement shall commence from the fulfilment of the Conditions Precedent as set forth above.
1.2.3 Extension of time for fulfilment of Conditions Precedent . The Parties may, by mutual agreement, extend the time for fulfilling the Term of this Agreement. . For the avoidance of doubt, it is expressly clarified that any such extension of time shall be subject to imposition of penalties on the Partner Agency linked to the delay in fulfilling the Conditions Precedent.
1.2.4 Non-fulfilment of the Partner Agency’s Conditions Precedent . -In the event that any of the Conditions Precedent of the Partner Agency have not been fulfilled within 15 days of signing of this Agreement and the same have not been waived fully or partially by NeGD or its nominated agencies, this Agreement shall cease to exist; -In the event that the Agreement fails to come into effect/ ceases to exist on account of non fulfilment of the Partner Agency’s conditions precedent,
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NeGD or its nominated agencies shall not be liable in any manner whatsoever to the Partner Agency and NeGD shall forthwith forfeit the performance guarantee. . In the event that possession of any of NeGD or its nominated agencies facilities has been delivered to the Partner Agency prior to the fulfilment of the Conditions Precedent, upon the termination of this Agreement such shall immediately revert to NeGD or its nominated agencies, free and clear from any encumbrances or claims.
1.3 Obligations under the SLA . The SLA shall be a separate contract in respect of this Agreement and shall be entered into concurrently with this Agreement between NeGD and Partner Agency . In relation to any future SLA entered into between the Parties; each of the Parties shall observe and perform the obligations set out herein. . Change of Control a) In the event of a change of control of the Partner Agency during the Term, the Partner Agency shall promptly notify NeGD and/or its nominated agencies of the same. In the event that the net worth of the surviving entity is less than that of Partner Agency prior to the change of control, NeGD or its nominated agencies may within 30 days of becoming aware of such change in control, require a replacement of existing Performance Guarantee furnished by the Partner Agency from a guarantor acceptable to NeGD or its nominated agencies (which shall not be Partner Agency or any of its associated entities). b) If such a guarantee is not furnished within 30 days of NeGD or its nominated agencies requiring the replacement, NeGD may exercise its right to terminate the SLA and/ or this Agreement within a further 30 days by written notice, to become effective as specified in such notice. c) Pursuant to termination, the effects of termination as set out in Clause 1.9 of this Agreement shall follow.
For the avoidance of doubt, it is expressly clarified that the internal reorganization of the Partner Agency shall not be deemed an event of a change of control for purposes of this Clause unless the surviving entity is of less net worth than the predecessor entity.
. Final testing and certification
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The Project shall be governed by the mechanism of final acceptance testing and certification to be put into place by the NeGD, guided by the following principles:
a) NeGD reserves the right to nominate a technically competent agency (“Final Testing and Certification Agency”) for conducting final acceptance testing and certification; b) Such Final Testing and Certification Agency will lay down a set of guidelines following internationally accepted norms and standards for testing and certification for all aspects of project development and implementation covering software, hardware and networking including the processes relating to the design of solution architecture, design of systems and sub- systems, coding, testing, business process description, documentation, version control, change management, security, service oriented architecture, performance in relation to compliance with SLA metrics, interoperability, scalability, availability and compliance with all the technical and functional requirements of the RFP and this Agreement; c) The Final Testing and Certification Agency will be involved with Project from the development stage to ensure that the guidelines are being followed and to avoid large scale modifications pursuant to testing done after the application is fully developed; d) The Final Testing and Certification Agency may engage professional organizations for conducting specific tests on the software, hardware, networking, security and all other aspects; e) The Final Testing and Certification Agency will establish appropriate processes for notifying the Partner Agency of any deviations from the norms, standards or guidelines at the earliest instance after taking cognizance of the same to enable the Partner Agency to take corrective action; f) Such an involvement of and guidance by the Final Testing and Certification Agency shall not, however, absolve the Partner Agency of the fundamental responsibility of designing, customizing/ developing, installing, testing and commissioning the various components of the Project to deliver the services in perfect conformity with this Agreement
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1.4 Representations and Warranties
1.4.1 Representations and warranties of the Partner Agency
The Partner Agency represents and warrants to NeGD or its nominated agencies that:
(a) It is duly organized and validly existing under the laws of India, and has full power and authority to execute and perform its obligations under this Agreement and other agreements and to carry out the transactions contemplated hereby;
(b) It is a competent provider of a variety of information technology and business process management services;
(c) It has taken all necessary corporate and other actions under Applicable Laws to authorize the execution and delivery of this Agreement and to validly exercise its rights and perform its obligations under this Agreement;
(d) It has the financial standing and capacity to undertake the Project in accordance with the terms of this Agreement;
(e) In providing the Services, it shall use reasonable endeavors not to cause any unnecessary disruption to NeGD’s normal business operations
(f) This Agreement has been duly executed by it and constitutes a legal, valid and binding obligation, enforceable against it in accordance with the terms hereof, and its obligations under this Agreement shall be legally valid, binding and enforceable against it in accordance with the terms hereof;
(g) The information furnished in the tender documents and as updated on or before the date of this Agreement is to the best of its knowledge and belief true and accurate in all material respects as at the date of this Agreement;
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The execution, delivery and performance of this Agreement shall not conflict with, result in the breach of, constitute a default by any of the terms of its Memorandum and Articles of Association or any Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected;
(i) There are no actions, suits, proceedings, or investigations pending or, to its knowledge, threatened against it at law or in equity before any court or before any other judicial, quasi-judicial or other authority, the outcome of which may result in the breach of this Agreement or which individually or in the aggregate may result in any material impairment of its ability to perform any of its material obligations under this Agreement;
(j) It has no knowledge of any violation or default with respect to any order, writ, injunction or decree of any court or any legally binding order of any Government Instrumentality which may result in any Adverse Effect on its ability to perform its obligations under this Agreement and no fact or circumstance exists which may give rise to such proceedings that would adversely affect the performance of its obligations under this Agreement;
(k) It has complied with Applicable Laws in all material respects and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate have or may have an Adverse Effect on its ability to perform its obligations under this Agreement;
(l) No representation or warranty by it contained herein or in any other document furnished by it to NeGD or its nominated agencies in relation to the Required Consents contains or shall contain any untrue or misleading statement of material fact or omits or shall omit to state a material fact necessary to make such representation or warranty not misleading; and
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(m) No sums, in cash or kind, have been paid or shall be paid, by it or on its behalf, to any person by way of fees, commission or otherwise for entering into this Agreement or for influencing or attempting to influence any officer or employee of NeGD or its nominated agencies in connection therewith.
1.4.2 Representations and warranties of NeGD or its nominated agencies
NeGD or its nominated agencies represent and warrant to the Partner Agency that:
(a) It has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement and carry out the transactions contemplated hereby;
(b) It has taken all necessary actions under Applicable Laws to authorize the execution, delivery and performance of this Agreement and to validly exercise its rights and perform its obligations under this Agreement;
(c) It has the financial standing and capacity to perform its obligations under the Agreement;
(d) It is subject to the laws of India, and hereby expressly and irrevocably waives any immunity in any jurisdiction in respect of this Agreement or matters arising there under including any obligation, liability or responsibility hereunder;
(e) This Agreement has been duly executed by it and constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms hereof and its obligations under this Agreement shall be legally valid, binding and enforceable against it in accordance with the terms thereof;
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with, result in the breach of, constitute a default under, or accelerate performance required by any of the Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected;
(g) There are no actions, suits or proceedings pending or, to its knowledge, threatened against it at law or in equity before any court or before any other judicial, quasi-judicial or other authority, the outcome of which may result in the default or breach of this Agreement or which individually or in the aggregate may result in any material impairment of its ability to perform its material (including any payment) obligations under this Agreement;
(h) It has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Instrumentality which may result in any Adverse Effect on NeGD or its nominated agencies ability to perform its obligations under this Agreement and no fact or circumstance exists which may give rise to such proceedings that would adversely affect the performance of its obligations under this Agreement;
(i) It has complied with Applicable Laws in all material respects;
(j) All information provided by it in the RFP in connection with the Project is, to the best of its knowledge and belief, true and accurate in all material respects; and
(k) Upon the Partner Agency performing the covenants herein, it shall not at any time during the term hereof, interfere with peaceful exercise of the rights and discharge of the obligations by the Partner Agency, in accordance with this Agreement.
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1.5 Obligations of the Partner Agency
(a) It shall keep abreast of the relevant technical, managerial and operational requirements applicable to the provision of the services and best practices in this area and shall share their knowledge with NeGD or its nominated agencies regarding matters which would assist NeGD or its nominated agencies in its use of the Services, provided that Partner Agency shall not be obligated to share with NeGD, information or Confidential Information of Partner Agency not relevant to this Agreement;
(b) It shall perform the Services as set out in Annexure << >> of this Agreement in a Request for Proposal for UMANG in a professional manner commensurate with industry and technical standards which are generally in effect for international projects and innovations similar to those contemplated by this Agreement, and so as to comply with the applicable Service Levels set out with this Agreement.
(c) It shall ensure that the Services are being provided as per the Project Timelines set out as Annexure << >> to this Agreement.
(d) It shall ensure to submit project related information from time to time to NeGD as may be sought in the requisite format.
1.6 Approvals and Required Consents
(a) The Parties shall cooperate to procure, maintain and observe all relevant and regulatory and governmental licenses, clearances and applicable approvals (hereinafter the “Required Consents”) necessary for the Partner Agency to provide the Services. The costs of such Approvals and/or licenses and renewal of these licenses if required (for 3 years as per the project timelines) shall be paid and borne by the Partner Agency. Ownership of such licenses shall be with NeGD.
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Agency to obtain the Required Consents. In the event that any Required Consent is not obtained, the Partner Agency and NeGD or its nominated agencies will co- operate with each other in achieving a reasonable alternative arrangement as soon as reasonably practicable for NeGD or its nominated agencies to continue to process its work with as minimal interruption to its business operations as is commercially reasonable until such Required Consent is obtained, provided that the Partner Agency shall not be relieved of its obligations to provide the Services and to achieve the Service Levels until the required consents are obtained if and to the extent that the Partner Agency’s obligations are not dependent upon such Required Consents.
(c) Procured and/or renewed licenses should be in the name of NeGD.
1.7 Use of Assets by the Partner Agency
During the Term the Partner Agency shall:
(a) Take all reasonable and proper care of the entire cloud and software or any other information technology infrastructure components used for the Project and other facilities leased / owned / operated by the Partner Agency exclusively in terms of ensuring their usability for the delivery of the Services as per this Agreement (hereinafter the “Assets”) in proportion to their use and control of such Assets which will include all up gradation / enhancements and improvements to meet the current needs of the Project; and
(b) Keep all the tangible Assets in as good and serviceable condition (reasonable wear and tear excepted) and/or the intangible Assets suitably upgraded subject to the relevant industry standards as at the date the Partner Agency takes control of and/or first uses the Assets and during the entire Term of the Agreement. Pursuant to technological obsolescence, up gradation will be carried out by the Partner Agency from time to time as and when necessitated during the currency
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of this agreement.
(c) Ensure that any instructions or manuals supplied by the manufacturer of the Assets for use of the Assets and which are provided to the Partner Agency will be faithfully followed by the Partner Agency and any person who will be responsible for the use of the Assets;
(d) Take such steps as may be properly recommended by the manufacturer of the Assets and notified to the Partner Agency or as may, in the reasonable opinion of the Partner Agency, be necessary to use the Assets in a safe manner;
(e) Ensure that the Assets that are under the control of the Partner Agency, are kept suitably housed and maintained in conformity with Applicable Law;
(f) Procure permission from NeGD or its nominated agencies and any persons duly authorized by them to enter any land or premises on which the Assets are for the time being sited so as to inspect the same, subject to any reasonable third party requirements;
(g) Not, knowingly or negligently use or permit any of the Assets to be used in contravention of any statutory provisions or regulation or in any way contrary to Applicable Law; and
(h) Be responsible for undertaking comprehensive insurance including liability insurance, system and facility insurance and any other insurance for the personnel, Assets, data, software, etc.
1.8 Access to NeGD or its Nominated Agencies Locations
Till the date of completion of all contractual obligations of the PARTNER AGENCY to NeGD or its nominated agencies, access to NeGD or its nominated agency’s locations, as the case may be, on a non-permanent basis and to the extent necessary, NeGD or its nominated agencies, as the case may be, shall, subject to compliance by the Partner Agency with any 112 | P a g e safety and security guidelines which may be provided by NeGD or its nominated agencies with notification to the Partner Agency in writing, provide the Partner Agency with:
(a) Reasonable access, in the same manner granted to NeGD or its nominated agencies employees, to the location, twenty-four hours a day, seven days a week;
(b) Reasonable work space, access to office equipment as mutually agreed and other related support services in such location and at other such NeGD locations, if any, as may be reasonably necessary for the Partner Agency to perform its obligations hereunder and under the SLA.
Access to locations, office equipments and services shall be made available to the Partner Agency on an “as is, where is” basis by NeGD or its nominated agencies as the case may be. The Partner Agency agrees to ensure that its employees, agents and contractors shall not use the location, services and equipment referred to in this RFP for the following purposes:
(a) For the transmission of any material which is defamatory, offensive or abusive or of an obscene or menacing character; or
(b) In a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright or confidentiality); or
(c) For committing any unlawful act
1.9 Management Phase
1.9.1 Governance The review and management process of this Agreement shall be carried out in accordance with the Governance Schedule set out in Schedule IV of this Agreement and shall cover all the management aspects of the Project.
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1.9.2 Use of Services (a) NeGD as the case may be or its nominated agencies, will use the Services in accordance with any instructions or procedures as per the acceptance criteria as set out in the SLA or this Agreement or any agreement that may be entered into between the Parties from time to time; (b) NeGD or its nominated agencies shall be responsible for the operation and use of the Deliverables resulting from the Services.
1.9.3 Changes Unless expressly dealt with elsewhere in this Agreement, any changes under or to this Agreement or under or to the SLA shall be dealt with in accordance with the Change Control Schedule set out in Schedule I of this Agreement.
1.9.4 Security and Safety
(a) The Partner Agency shall comply with the directions issued from time to time by the NeGD or its nominated agencies and follow the industry and statutory standards related to safety and security (including those as stated in the RFP Volume I), insofar as it applies to the provision of the Services.
(b) Each Party to the SLA/Agreement shall also comply with Government of India/DeitY/NeGD or the respective State’s security standards and policies in force from time to time at each location
(c) The Parties to the SLA/Agreement shall use reasonable endeavors to report forthwith in writing to each other all identified attempts (whether successful or not) by unauthorized persons (including unauthorized persons who are employees of any Party) either to gain access to or interfere with data, facilities or Confidential Information connected with the Project.
(d) The Partner Agency shall upon reasonable request by NeGD or their nominee(s) participate in regular meetings when safety and information technology security matters are reviewed.
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(e) As per the provisions of the SLA or this Agreement, the Partner Agency shall promptly report in writing to the NeGD or its nominated agencies, any act or omission which they are aware that could have an adverse effect on the proper conduct of safety and information technology security related to the Project and Services.
1.9.5 Cooperation
Except as otherwise provided elsewhere in this Agreement or the SLA, PARTNER AGENCY undertakes promptly to provide the NeGD with all such information and co-operation which the other Party reasonably requests, provided that such information and co-operation:
(a) is reasonably required by the Receiving Party in order for it to comply with its obligations under this Agreement or the SLA;
(b) cannot be construed to be Confidential Information; and
(c) Is capable of being provided by the Providing Party.
Further, each Party agrees to co-operate with the contractors and subcontractors of the other Party as reasonably requested in order to accomplish the purposes of this Agreement.
1.10 Finances
1.10.1 Terms of Payment and Service Credits and Debits
(a) In consideration of the Services and subject to the provisions of this Agreement and of the SLA, the NeGD shall pay the Partner Agency for the Services rendered in pursuance of this agreement, in accordance with the Terms of Payment Schedule set out in this Agreement.
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(b) All payments are subject to the application of service credits and debits as may be provided for in the SLA as mentioned in Part I of the RFP. .NeGD may also calculate a financial sum and debit the same against the terms of payment as a result of the failure of the Partner Agency to meet the Service Level as defined in SLA.
(c) Save and except as otherwise provided for herein or as agreed between the Parties in writing, the NeGD shall not be required to make any payments in respect of the Services (or, without limitation to the foregoing, in respect of the Partner Agency performance of any obligations under this Agreement or the SLA) other than those covered in in Part I of this RFP.
1.10.2 Invoicing and Settlement
(a) Subject to the specific terms of the SLA, the Partner Agency shall submit its invoices in accordance with the following principles:
i. NeGD shall be invoiced by the Partner Agency for the Services. Generally and unless otherwise agreed in writing between the Parties or expressly set out in the SLA, the Partner Agency shall raise an invoice along with necessary approvals as per Schedule VI of this Agreement on quarterly basis; and
ii. Any invoice presented in accordance with this Article shall be in a form agreed with the NeGD.
(b) The Partner Agency alone shall invoice all payments after receiving due approval from the competent authority. Such invoices shall be accurate and incorporate all adjustments to or changes in the terms of payment as stated in Schedule V of this Agreement. The Partner Agency shall waive any charge for a Service that is not invoiced within six months after the end of the month in which the charge relating to such Service is authorized or incurred, whichever is later. 116 | P a g e
(c) Payment shall be made on a quarterly basis after the receipt of invoice along with supporting documents by the NeGD subject to penalties. The penalties are imposed on the PARTNER AGENCY as per the SLA criteria specified in this RFP.
(d) NeGD shall be entitled to delay or withhold payment of any invoice or part of it delivered by the Partner Agency under Schedule V of this Agreement where NeGD disputes/ withholds such invoice or part of it provided that such dispute is bona fide. The withheld amount shall be limited to that which is in dispute. Any exercise by NeGD under this Clause shall not entitle the Partner Agency to delay or withhold provision of the Services under any circumstance whatsoever.
(e) NeGD shall be entitled to delay or withhold payment of any invoice or part of it delivered by the Partner Agency under Schedule V of this Agreement where it disputes any previous invoice or part of it that it had not previously disputed provided that such dispute is bona fide. The withheld amount shall be limited to that which is the disputed amount. Any recourse by NeGD to its rights under this Clause shall not entitle the Partner Agency to delay or withhold provision of the Services under any circumstances whatsoever.
(f) The Partner Agency shall pay all its sub-contractors in a timely fashion so as not to prejudice the Project.
1.10.3 Tax
(a) NeGD or its nominated agencies shall be responsible for deducting/ withholding taxes from the amounts due and payable to the Partner Agency wherever applicable. The Partner Agency shall pay for all other taxes in connection with this Agreement, SLA, scope of work and any other engagement required to be undertaken as a part of this Agreement, including, but not limited to, property, sales, use, excise, value-added, goods 117 | P a g e
and services, consumption and other similar taxes or duties.
(b) NeGD or its nominated agencies shall provide Partner Agency with the original tax receipt of any withholding taxes paid by NeGD or its nominated agencies on payments under this Agreement. The Partner Agency agrees to reimburse and hold NeGD or its nominated agencies harmless from any deficiency including penalties and interest relating to taxes that are its responsibility under this paragraph. For purposes of this Agreement, taxes shall include taxes incurred on transactions between and among NeGD or its nominated agencies, the Partner Agency and third party subcontractors.
(c) In the event of any increase or decrease of the rate of taxes due to any statutory notification/s during the Term of the Agreement the consequential effect shall be to the account of the Partner Agency.
(d) The Parties shall cooperate to enable each Party to accurately determine its own tax liability and to minimize such liability to the extent legally permissible. In connection therewith, the Parties shall provide each other with the following:
a. any resale certificates;
b. any relevant information regarding out-of-state or use of materials, equipment or services; and
c. Any direct pay permits, exemption certificates or information reasonably requested by the other Party.
1.11 Termination
1.11.1 Material Breach: (a) If the Partner Agency is not able to deliver the services as per the SLAs defined in RFP which translates into Material Breach, then NeGD may serve a
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7 days written notice for curing this Material Breach. In case the Material Breach continues, after the expiry of such notice period, the NeGD will have the option to terminate this Agreement. Further, NeGD may after affording a reasonable opportunity to the Partner Agency to explain the circumstances leading to such a delay take an appropriate decision.
(b) If there is a material breach by NeGD or its nominated agencies which results in not providing support for effecting data migration and / or not providing the certification of User Acceptance, then the Partner Agency will give a one month’s notice for curing the Material Breach to NeGD. After the expiry of such notice period, the Partner Agency will have the option to terminate the Agreement
(c) NeGD may by giving a one month’s written notice, terminate this Agreement if a change of control of the Partner Agency has taken place. For the purposes of this Clause, in the case of Partner Agency, change of control shall mean the events stated in Clause 1.2, and such notice shall become effective at the end of the notice period as set out in Clause 1.2.
(d) In the event that Partner Agency undergoes such a change of control, NeGD may, as an alternative to termination, require a full Performance Guarantee for the obligations of Partner Agency by a guarantor acceptable to NeGD or its nominated agencies. If such a guarantee is not furnished within 30 days of NeGD’s demand, NeGD may exercise its right to terminate this Agreement in accordance with this Clause by giving 15 days further written notice to the Partner Agency.
(e) The termination provisions set out in this Clause shall apply mutatis mutandis to the SLA.
1.12 Effects of termination
(a) In the event that NeGD terminates this Agreement pursuant to failure on the 119 | P a g e
part of the Partner Agency to comply with the conditions as contained in this Clause and depending on the event of default, Performance Guarantee furnished by Partner Agency shall be forfeited.
(b) Upon termination of this Agreement, the Parties will comply with the Exit Management Schedule set out as Schedule II of this Agreement.
(c) In the event that NeGD or the Partner Agency terminates this Agreement, the compensation will be decided in accordance with the Terms of Payment Schedule set out as Schedule V of this Agreement.
(d) On termination of this Agreement for any reason, the NeGD will decide the appropriate course of action.
1.12.1 Termination of this Agreement due to bankruptcy of Partner Agency
The NeGD may serve written notice on Partner Agency at any time to terminate this Agreement with immediate effect in the event that:
(a) The Partner Agency reporting an apprehension of bankruptcy to the NeGD or its nominated agencies;
(b) NeGD or its nominated agencies apprehending a similar event.
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1.13 Indemnification
. Subject to clause mentioned below, Partner Agency (the "Indemnifying Party") undertakes to indemnify NeGD (the "Indemnified Party") from and against all losses on account of bodily injury, violation of intellectual property rights of third party, computer viruses, death or damage to tangible personal property arising in favor of any person, corporation or other entity (including the Indemnified Party) attributable to the Indemnifying Party's performance or non-performance under this Agreement or the SLA to the extent of the Indemnifying Party's comparative fault in causing such damages/losses.
. The indemnities set out in the above clause shall be subject to the following conditions:
(a) The Indemnified Party as promptly as practicable informs the Indemnifying Party in writing of the claim or proceedings and provides all relevant evidence, documentary or otherwise;
(b) The Indemnified Party shall, at the cost of the Indemnifying Party, give the Indemnifying Party all reasonable assistance in the Defense of such claim including reasonable access to all relevant information, documentation and personnel.
(c) If the Indemnifying Party does not assume full control over the Defense of a claim as provided in this Article, the Indemnifying Party may participate in such Defense at its sole cost and expense, and the Indemnified Party will have the right to defend the claim in such manner as it may deem appropriate, and the cost and expense of the Indemnified Party will be included in Losses;
(d) All settlements of claims subject to indemnification under this Article will:
i. Be entered into only with the consent of the Indemnified Party, which 121 | P a g e
consent will not be unreasonably withheld and include an unconditional release to the Indemnified Party from the claimant or plaintiff for all liability in respect of such claim; and
ii. Include any appropriate confidentiality agreement prohibiting disclosure of the terms of such settlement;
(e) The Indemnified Party shall account to the Indemnifying Party for all awards, settlements, damages and costs (if any) finally awarded in favor of the Indemnified Party which are to be paid to it in connection with any such claim or proceedings;
(f) The Indemnified Party shall take steps that the Indemnifying Party may reasonably require to mitigate or reduce its loss as a result of such a claim or proceedings;
(g) In the event that the Indemnifying Party is obligated to indemnify an Indemnified Party pursuant to this Article, the Indemnifying Party will, upon payment of such indemnity in full, be subrogated to all rights and defenses of the Indemnified Party with respect to the claims to which such indemnification relates; and
(h) If a Party makes a claim under the indemnity set out under clause mentioned above in respect of any particular Loss or Losses, then that Party shall not be entitled to make any further claim in respect of that Loss or Losses (including any claim for damages).
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1.14 Force Majeure
1.14.1 Definition of Force Majeure
As used in this Agreement, a “Force Majeure Event” shall mean any unforeseeable act or event that prevents the affected party from performing its obligations under this Agreement or complying with any conditions required by the other Party under this Agreement or complying with any conditions required by the other Party under this Agreement if such act or event is beyond the reasonable control of and not the fault of the affected Party and such Party has been unable to avoid such act or event by the exercise of prudent foresight and due diligence. However, the following events shall not constitute a Force Majeure Event and are solely the responsibility of the affected Party:
o Strikes
o Collective bargaining agreements within the exclusive control of either Party
o Labor disputes of any kind
o Economic hardship
1.14.2 Force Majeure events
The burden of proof as to whether a Force Majeure event has occurred shall be upon the Partner Agency claiming a Force Majeure Event.
1.14.3 Conditions
If either party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure event, that Party will be excused from whatever performance is affected by the Force Majeure Event to the extent so
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affected provided that:
(a) The affected Party, gives to the other Party written notice of the occurrence of the Force Majeure Event as soon as practicable after the occurrence thereof, and also gives to the other Party written notice describing in reasonable details the particulars of such occurrence, including an estimation of its expected duration and probable impact on the performance of such Party’s obligations hereunder, and thereafter continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure event
(b) The suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event
(c) The affected Party shall use its best efforts to continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance
(d) When the affected Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that effect and shall promptly resume performance hereunder.
1.14.4 Conditions notwithstanding
Anything in this Agreement to the contrary notwithstanding:
(a) Any event or occurrence that results materially from the gross negligence or intentional acts of the affected Party shall not constitute a Force Majeure Event (b) The Affected Party shall not be relieved from obligations under this Agreement to the extent that the gross negligence or willful misconduct of the affected Party contributes to or aggravates the Force Majeure Event (c) Neither Party shall be considered in default or in breach of its obligations 124 | P a g e
under this Agreement to the extent that performance of such obligations is prevented by an exempting Force Majeure Event.
1.14.5 Termination clause
(a) If the Force Majeure Event or its consequences extend beyond a period of six months, this Agreement shall unless the Parties agree otherwise in writing, stand terminated.
1.15 Confidentiality
a) NeGD or its nominated agencies shall allow the Partner Agency to review and utilize highly confidential public records(if required) and the Partner Agency shall maintain the highest level of secrecy, confidentiality and privacy with regard thereto. b) Additionally, the Partner Agency shall keep confidential all the details and information with regard to the Project, including systems, facilities, operations, management and maintenance of the systems/facilities. c) NeGD or its nominated agencies shall retain all rights to prevent, stop and if required take the necessary punitive action against the Partner Agency regarding any forbidden disclosure. d) The Partner Agency shall ensure that all its employees, agents and sub-contractors execute individual non disclosure agreements, which have been duly approved by the NeGD with respect to this Project. e) For the avoidance of doubt, it is expressly clarified that the aforesaid provisions shall not apply to the following information: i. Information already available in the public domain; ii. Information not pertaining to UMANG project which has been developed independently by the Partner Agency; iii. Information which has been received from a third party who had the right to disclose the aforesaid information; iv. Information which has been disclosed to the public pursuant to a court order.
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1.15.1 Audit, Access and Reporting
The Partner Agency shall allow access to NeGD or its nominated agencies to all information which is in the possession or control of the Partner Agency and which relates to the provision of the Services as set out in the Audit, Access and Reporting Schedule and which is reasonably required by NeGD to comply with the terms of the Audit, Access and Reporting Schedule set out as Schedule III of this Agreement.
1.16 Intellectual Property Rights
Products and fixes:
All products and related solutions and fixes provided pursuant to this agreement shall be licensed according to the terms of the license agreement packaged with or otherwise applicable to such product. Partner Agency would be responsible for arranging any licenses associated with products. “Product” means any computer code, web-based/mobile-based services, or materials comprising commercially released, pre-release or beta products (whether licensed for a fee or no charge) and any derivatives of the foregoing which are made available to NeGD for license which is published by product owner or its affiliates, or a third party. “Fixes” means product fixes that are either released generally (such as commercial product service packs) or that are provided to when performing services (such as workarounds, patches, bug fixes, beta fixes and beta builds) and any derivatives of the foregoing.
Bespoke development:
The Intellectual Property Rights (IPR) for any bespoke development done during the implementation of the project will lie with NeGD.
Pre-existing work:
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All IPR including the source code and materials developed or otherwise obtained independently of the efforts of a party under this agreement (“pre-existing work”) shall remain the sole property of that party. During the performance of the services for this agreement, each party grants to the other party (and their sub-contractors as necessary) a non-exclusive license to use, reproduce, redeploy and modify any of its pre-existing work provided to the other party solely for the performance of such services. Except as may be otherwise explicitly agreed to in a statement of services, the bidder should grant NeGD a non-exclusive, perpetual, fully paid-up enterprise edition license(s) to use, redeploy, reproduce and modify (if applicable) the pre-existing work as part of the service deliverables. Under such license either of parties will have no right to sell the pre-existing work of the other party to a Third Party.
NeGD’s license to pre-existing work is conditioned upon its compliance with the terms of this agreement and the perpetual license applies solely to the pre-existing work that bidder leaves with NeGD at the conclusion of performance of the services.
1.17 Miscellaneous
1.17.1 Personnel a) The personnel assigned by Partner Agency to perform the Services shall be employees of Partner Agency, and under no circumstances shall such personnel be considered employees of NeGD or its nominated agencies. The Partner Agency shall have the sole responsibility for the supervision and control of its personnel and for payment of such personnel‟s compensation, including salary, withholding of income taxes and social security taxes, workers compensation, employee and disability benefits and the like and shall be responsible for all obligations of an employer subject to Applicable Law. b) The Partner Agency shall use its best efforts to ensure that sufficient Partner Agency personnel are assigned to perform the Services and those personnel have appropriate qualifications to perform the Services. After discussion with Partner Agency, NeGD or its nominated agencies shall have the right to require the removal or replacement of any Partner Agency personnel performing work under this Agreement. In the event that NeGD or its nominated agencies requests that any Partner Agency personnel be replaced, the substitution of such personnel shall be accomplished pursuant to a
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mutually agreed upon schedule. c) The Partner Agency shall also be responsible to train certain employees of NeGD, or its nominated agencies with regard to the Services being provided by the Partner Agency as and when required by the NeGD or its nominated agencies during the Term of this Project. The parameters of the training required for these employees of NeGD or its nominated agencies shall be communicated by NeGD or its nominated agencies to the Partner Agency periodically and shall be in accordance with the latest procedures and processes available in the relevant areas of work. d) In the event that the NeGD or its nominated agencies identifies any personnel of Partner Agency as “Key Personnel”, then neither the Partner Agency shall remove such personnel from NeGD or its nominated agencies engagement without the prior written consent of NeGD or its nominated agencies unless such removal is the result of an unavoidable circumstance including but not limited to resignation, termination, medical leave, etc. e) Except as stated in this Clause, nothing in this Agreement or the SLA will limit the ability of Partner Agency to freely assign or reassign its employees; provided that Partner Agency shall be responsible, at its expense, for transferring all appropriate knowledge from personnel being replaced to their replacements. NeGD or its nominated agencies shall have the right to review and approve Partner Agency’s plan for any such knowledge transfer. Partner Agency shall maintain the same or higher standards for skills and professionalism among replacement personnel as in personnel being replaced. f) Each Party shall be responsible for the performance of all its obligations under this Agreement or the SLA as the case may be and shall be liable for the acts and omissions of its employees and agents in connection therewith.
1.18 Independent Contractor
Nothing in this Agreement or the SLA shall be construed as establishing or implying any partnership or joint venture between the Parties to this Agreement or the SLA and, except as expressly stated in this Agreement or the SLA, nothing in this Agreement or the SLA shall be deemed to constitute any Parties as the agent of any other Party or authorizes either Party to: 128 | P a g e
(a) Incur any expenses on behalf of the other Party; (b) Enter into any engagement or make any representation or warranty on behalf of the other Party; (c) Pledge the credit of or otherwise bind or oblige the other Party; or (d) Commit the other Party in any way whatsoever without in each case obtaining the other Partys prior written consent.
1.18.1 Sub-contractors
Partner Agency shall not subcontract any work related to the Core activities to be performed under this Agreement without NeGD‟s prior written consent. However the Partner Agency shall provide the list of all the other services planned to be sub contracted with the Technical proposal. It is clarified that the Partner Agency shall be the principal employer for all claims arising from the liabilities statutory or otherwise, concerning the sub-contractors. The Partner Agency undertakes to indemnify the NeGD or its nominated agencies from any claims on the grounds stated hereinabove.
1.18.2 Assignment
(a) All terms and provisions of this Agreement shall be binding on and shall inure to the benefit of NeGD and their respective successors and permitted assigns. (b) Subject to clause mentioned above, the Partner Agency shall not be permitted to assign its rights and obligations under this Agreement to any third party. (c) NeGD may assign or novate all or any part of this Agreement and Schedules/Annexure, and the Partner Agency shall be a party to such novation, to any third party contracted to provide outsourced services to NeGD or any of its nominees.
1.18.3 Trademarks, Publicity
Neither Party may use the trademarks of the other Party without the prior written consent of the other Party. Except as required by law or the rules and regulations, neither Party shall publish or permit to be published either along or in conjunction with any other 129 | P a g e person any press release, information, article, photograph, illustration or any other material of whatever kind relating to this Agreement, the SLA or the business of the Parties without prior reference to and approval in writing from the other Party, such approval not to be unreasonably withheld or delayed provided however that Partner Agency may include NeGD or its NeGD lists for reference to third parties subject to the prior written consent of NeGD not to be unreasonably withheld or delayed. Such approval shall apply to each specific reference and relate only to that reference.
1.18.4 Notices
(a) Any notice or other document which may be given by either Party under this Agreement or under the SLA shall be given in writing in person or by pre- paid recorded delivery post, email.
(b) In relation to a notice given under this Agreement, any such notice or other document shall be addressed to the other Partys principal or registered office address as set out below:
Tel:
Fax:
Email:
Contact:
Partner Agency
Tel:
Fax: 130 | P a g e
Email:
Contact
(c) In relation to a notice given under the MSA / SLA, a Party shall specify the Parties address for service of notices, any such notice to be copied to the Parties at the addresses set out in this Clause.
(d) Any such notice or other document shall be deemed to have been given to the other Party (or, if relevant, its relevant associated company) when delivered (if delivered in person) if delivered between the hours of 9.00 am and 5.00 pm at the address of the other Party set forth above, or on the next working day thereafter if delivered outside such hours, and 7 days from the date of posting (if by letter).
(e) Either Party to this Agreement or to the SLA may change its address, telephone number, and nominated contact for notification purposes by giving the other reasonable prior written notice of the new information and its effective date.
1.18.5 Variations and Further Assurance
(a) No amendment, variation or other change to this Agreement or the SLA shall be valid unless authorized in accordance with the change control procedure as set out in the Change Control Schedule set out in Schedule I of this Agreement. Such amendment shall be made in writing and signed by the duly authorized representatives of the Parties to this Agreement or the SLA.
(b) Each Party to this Agreement or the SLA agrees to enter into or execute, without limitation, whatever other agreement, document, consent and waiver and to do all other things which shall or may be reasonably required 131 | P a g e
to complete and deliver the obligations set out in this Agreement or the SLA.
1.18.6 Severability and Waiver
(a) If any provision of this Agreement or the SLA, or any part thereof, shall be found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the illegality, invalidity or unenforceability of such provision or part provision shall not affect the other provisions of this Agreement or the SLA or the remainder of the provisions in question which shall remain in full force and effect. The relevant Parties shall negotiate in good faith in order to agree to substitute for any illegal, invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the economic, social, legal and commercial objectives of the illegal, invalid or unenforceable provision or part provision. (b) No failure to exercise or enforce and no delay in exercising or enforcing on the part of either Party to this Agreement or the SLA of any right, remedy or provision of this Agreement or the SLA shall operate as a waiver of such right, remedy or provision in any future application nor shall any single or partial exercise or enforcement of any right, remedy or provision preclude any other or further exercise or enforcement of such right, remedy or provision or the exercise or enforcement of any other right, remedy or provision.
1.18.7 Compliance with Applicable Law
Each Party to this Agreement and the SLA accepts that its individual conduct shall (to the extent applicable to it) at all times comply with all laws, rules and regulations of government and other bodies having jurisdiction over the area in which the Services are undertaken provided that changes in such laws, rules and regulations which result in a change to the Services shall be dealt with in accordance with the Change Control Schedule set out in Schedule I of this Agreement. For the avoidance of doubt the obligations of the Parties to this Agreement and the SLA are subject to their respective compliance with all local, state, national, supra-national, foreign and 132 | P a g e
international laws and regulations.
1.19 Professional Fees
All expenses incurred by or on behalf of each Party to this Agreement and the SLA, including all fees of agents, legal advisors, accountants and actuaries employed by either of the Parties in connection with the negotiation, preparation and execution of this Agreement or the SLA shall be borne solely by the respective Party which incurred them.
1.19.1 Ethics
The Partner Agency represents, warrants and covenants that it has given no commitments, payments, gifts, kickbacks, lavish or expensive entertainment, or other things of value to any employee or agent of NeGD or its nominated agencies in connection with this agreement and acknowledges that the giving of any such payment, gifts, entertainment, or other things of value is strictly in violation of NeGD standard policies and will result in cancellation of this Agreement, or the SLA.
1.19.2 Entire Agreement
This Agreement and the SLA with all schedules & annexure appended thereto and the contents and specifications of the Part I of the RFP constitute the entire agreement between the Parties with respect to their subject matter, and as to all other representations, understandings or agreements which are not fully expressed herein, provided that nothing in this Clause shall be interpreted so as to exclude any liability in respect of fraudulent misrepresentation.
1.19.3 Amendment
Any amendment to this Agreement shall be made in accordance with the Change Control Schedule set out in Schedule I of this Agreement by mutual written consent
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1.20 Dispute Resolution
(a) Any dispute arising out of or in connection with this Agreement or the SLA shall in the first instance be dealt with in accordance with the escalation procedure as set out in the Governance Schedule set out as Schedule IV of this Agreement. (b) Any dispute or difference whatsoever arising between the parties to this Contract out of or relating to the construction, meaning, scope, operation or effect of this Contract or the validity of the breach thereof shall be referred to a sole Arbitrator to be appointed by NeGD only. The provisions of the Arbitration and Conciliation Act, 1996 will be applicable and the award made there under shall be final and binding upon the parties hereto, subject to legal remedies available under the law. The Arbitration proceedings will be held at Delhi, India. Any legal dispute will come under Delhi State jurisdiction, subject to the foregoing provision regarding arbitration.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:- 1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Date ______2. Signature ______For and on behalf of NeGD Name ______Designation ______Date ______Unified Mobile App for New-age Governance (UMANG)
WITNESSES:- 1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Address ______Date ______
2. For and on behalf of Signature ______the Name ______Partner Agency Designation ______Date ______
1.21 Schedule – I: Change Control Schedule
This Schedule describes the procedure to be followed in the event of any proposed change to the Master Service Agreement (“MSA”), Project Implementation Phase, SLA and Scope of Work and Functional Requirement Specifications. Such change shall include, but shall
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not be limited to, changes in the scope of services provided by the Partner Agency and changes to the terms of payment as stated in the Terms of Payment Schedule. NeGD and Partner Agency recognize that frequent change is an inevitable part of delivering services and that a significant element of this change can be accomplished by re-organizing processes and responsibilities without a material effect on the cost. The Partner Agency will endeavor, wherever reasonably practicable, to effect change without an increase in the terms of payment as stated in the Terms of Payment Schedule and NeGD or its nominated agencies will work with the Partner Agency to ensure that all changes are discussed and managed in a constructive manner. This Change Control Schedule sets out the provisions which will apply to all the changes to this agreement and other documents except for the changes in SLAs for which a separate process has been laid out. This Change Control Schedule sets out the provisions which will apply to changes to the MSA.
1.21.1 Change Management Process
(a) Change Control Note ("CCN")
i. Change requests in respect of the MSA, the Project Implementation, the operation, the SLA or Scope of work and Functional Requirement specifications will emanate from the Parties' respective Project Manager who will be responsible for obtaining approval for the change and who will act as its sponsor throughout the Change Control Process and will complete Part A of the CCN attached as Annexure 4.1 hereto. CCNs will be presented to the other Party's Project Manager who will acknowledge receipt by signature of the CCN. ii. The Partner Agency and NeGD or its nominated agencies, during the Project Implementation Phase and NeGD or its nominated agencies during the Operations and Management Phase and while preparing the CCN, shall consider the change in the context of the following parameter, namely whether the change is beyond the scope of Services including ancillary and concomitant
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services required and as detailed in Part I of the RFP and is suggested and applicable only after the go live of the UMANG Platform.
(b) Quotation
The Partner Agency shall assess the CCN and complete Part (b) of the CCN, in completing the Part (b) of the CCN the Partner Agency shall provide as a minimum:
1. A description of the change 2. A list of deliverables required for implementing the change; 3. A time table for implementation; 4. An estimate of any proposed change 5. Any relevant acceptance criteria 6. An assessment of the value of the proposed change; 7. Material evidence to prove that the proposed change is not already covered within the Agreement and the scope of work.
i. Prior to submission of the completed CCN to NeGD, or its nominated agencies, the Service Provider will undertake its own internal review of the proposal and obtain all necessary internal approvals. As a part of this internal review process, the Partner Agency shall consider the materiality of the proposed change in the context of the MSA and the Project Implementation affected by the change and the total effect that may arise from implementation of the change.
(c) Costs Each Party shall be responsible for its own costs incurred in the quotation, preparation of CCNs and in the completion of its obligations described in this process provided the Partner Agency meets the obligations as set in the CCN. In the event the Partner Agency is unable to meet the obligations as defined in the CCN then the cost of
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getting it done from third party will be borne by the Partner Agency.
(d) Obligations
The Partner Agency shall be obliged to implement any proposed changes once approval in accordance with above provisions has been given, with effect from the date agreed for implementation and within an agreed timeframe.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Date ______2. Signature ______For and on behalf of NeGD Name ______Designation ______Date ______
WITNESSES:-
1. Signatur Signature ______e ______
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Name ______Name ______Designation ______Designation ______Date ______Address ______Date ______2. Signature ______For and on behalf of the Name ______Partner Agency Designation ______Date ______
1.22 Schedule – II: Exit Management Schedule
1.22.1 Purpose
(a) This Schedule sets out the provisions, which will apply on expiry or termination of the MSA, the Project Implementation, Operation and Management. (b) In the case of termination of the Project Implementation and/or Operation and Management, the Parties shall agree at that time whether, and if so during what period, the provisions of this Schedule shall apply. (c) The Parties shall ensure that their respective associated entities carry out their respective obligations set out in this Exit Management Schedule.
1.22.2 Cooperation and Provision of Information
During the exit management period:
(a) The Partner Agency will allow NeGD or its nominated agency access to
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information reasonably required to define the then current mode of operation associated with the provision of the services to enable NeGD to assess the existing services being delivered; (b) Promptly on reasonable request by NeGD, the Partner Agency shall provide access to and copies of all information held or controlled by them which they have prepared or maintained in accordance with this agreement relating to any material aspect of the services (whether provided by the Partner Agency or sub contractors appointed by the Partner Agency). NeGD shall be entitled to copy of all such information. Such information shall include details pertaining to the services rendered and other performance data. The Partner Agency shall permit NeGD or its nominated agencies to have reasonable access to its employees and facilities as reasonably required to understand the methods of delivery of the services employed by the Partner Agency and to assist appropriate knowledge transfer.
1.22.3 Confidential Information, Security and Data
(a) The Partner Agency will promptly on the commencement of the exit management period supply to NeGD or its nominated agency the following: i. Information relating to the current services rendered and customer and performance data relating to the performance of sub contractors in relation to the services; ii. Documentation relating to Project’s Intellectual Property Rights; iii. Documentation relating to sub-contractors; iv. All current and updated data as is reasonably required for purposes of NeGD or its nominated agencies transitioning the services to its Replacement Partner Agency in a readily available format nominated by the NeGD, or its nominated agency; v. All other information (including but not limited to documents, records and agreements) relating to the services reasonably necessary to enable
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NeGD or its nominated agencies, or its Replacement Partner Agency to carry out due diligence in order to transition the provision of the Services to NeGD or its nominated agencies, or its Replacement Partner Agency (as the case may be). (b) Before the expiry of the exit management period, the Partner Agency shall deliver to NeGD or its nominated agency all new or up-dated materials from the categories set out in Schedule above and shall not retain any copies thereof, except that the Partner Agency shall be permitted to retain one copy of such materials for archival purposes only. (c) Before the expiry of the exit management period, unless otherwise provided under the MSA, NeGD or its nominated agency shall deliver to the Partner Agency all forms of Partner Agency confidential information, which is in the possession or control of NeGD or its nominated agency.
1.22.4 Employees
(a) Promptly on reasonable request at any time during the exit management period, the Partner Agency shall, subject to applicable laws, restraints and regulations (including in particular those relating to privacy) provide to NeGD or its nominated agency a list of all employees (with job titles) of the Partner Agency dedicated to providing the services at the commencement of the exit management period. (b) Where any national, regional law or regulation relating to the mandatory or automatic transfer of the contracts of employment from the Partner Agency to NeGD or its nominated agency, or a Replacement Partner Agency ("Transfer Regulation") applies to any or all of the employees of the Partner Agency, then the Parties shall comply with their respective obligations under such Transfer Regulations. (c) To the extent that any Transfer Regulation does not apply to any employee of the Partner Agency, department, or its Replacement Partner Agency may
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make an offer of employment or contract for services to such employee of the Partner Agency and the Partner Agency shall not enforce or impose any contractual provision that would prevent any such employee from being hired by NeGD or any Replacement Partner Agency.
1.22.5 Transfer of Certain Agreements On request by NeGD or its nominated agency, the Partner Agency shall effect such assignments, transfers, licenses and sub-licenses as may require in the name of NeGD or its Replacement Partner Agency in relation to any cloud lease, maintenance or service provision agreement between Partner Agency and third party licensor, vendors, and which are related to the services and reasonably necessary for the carrying out of replacement services by NeGD or its nominated agency or its Replacement Partner Agency.
1.22.6 Rights of Access to Premises a) At any time during the exit management period, where Assets are located at the Partner Agency's premises, the Partner Agency will be obliged to give reasonable rights of access to (or, in the case of Assets located on a third party's premises, procure reasonable rights of access to) NeGD or its nominated agency and/or any Replacement Partner Agency in order to make an inventory of the Assets. b) The Partner Agency shall also give NeGD or its nominated agency or its nominated agencies, or any Replacement Partner Agency right of reasonable access to the Partner Agency's premises and shall procure NeGD or its nominated agency or its nominated agencies and any Replacement Partner Agency rights of access to relevant third party premises during the exit management period and for such period of time following termination or expiry of the MSA as is reasonably necessary to migrate the services to NeGD or its nominated agency, or a Replacement Partner Agency.
1.22.7 General Obligations of the Partner Agency a) The Partner Agency shall provide all such information as may reasonably be necessary to effect as seamless a handover as practicable in the
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circumstances to NeGD or its nominated agency or its Replacement Partner Agency and which the Partner Agency has in its possession or control at any time during the exit management period. b) For the purposes of this Schedule, anything in the possession or control of any Partner Agency, associated entity, or sub contractor is deemed to be in the possession or control of the Partner Agency.
c) The Partner Agency shall commit adequate resources to comply with its obligations under this Exit Management Schedule.
1.22.8 Exit Management Plan a) The Partner Agency shall provide NeGD or its nominated agency with a recommended exit management plan ("Exit Management Plan") which shall deal with at least the following aspects of exit management in relation to the MSA as a whole and in relation to the Project Implementation, and the Operation and Management phase. i. A detailed program of the transfer process that could be used in conjunction with a Replacement Partner Agency including details of the means to be used to ensure continuing provision of the services throughout the transfer process or until the cessation of the services and of the management structure to be used during the transfer; ii. plans for the communication with such of the Partner Agency's sub contractors, staff, suppliers, customers and any related third party as are necessary to avoid any material detrimental impact on NeGD’s operations as a result of undertaking the transfer; iii. (if applicable) proposed arrangements for the segregation of the Partner Agency's networks from the networks employed by NeGD and identification of specific security tasks necessary at termination; iv. Plans for provision of contingent support to NeGD and Replacement Partner Agency for a reasonable period after transfer.
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b) The Partner Agency shall re-draft the Exit Management Plan annually thereafter to ensure that it is kept relevant and up to date. c) Each Exit Management Plan shall be presented by the Partner Agency to and approved by NeGD or its nominated agencies. d) The terms of payment as stated in the Terms of Payment Schedule includes the costs of the Partner Agency complying with its obligations under this Schedule. e) In the event of termination or expiry of MSA, and Project Implementation, each Party shall comply with the Exit Management Plan. f) During the exit management period, the Partner Agency shall use its best efforts to deliver the services. g) Payments during the Exit Management period shall be made in accordance with the Terms of Payment Schedule. h) This Exit Management plan shall be furnished in writing to NeGD or its nominated agencies within 90 days from the Effective Date of this Agreement. i) IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN. WITNESSES:- 1. Signature ______Signature ______Name ______Name ______Designation ______Designation ______Date ______Date ______2. Signature ______For and on behalf of NeGD Name ______Designation ______Date ______WITNESSES:-
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1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Address ______Date ______2. Signature ______For and on behalf of the Name ______Partner Agency Designation ______Date ______
1.23 Schedule – III: Audit, Access and Reporting
1.23.1 Purpose
This Schedule details the audit, access and reporting rights and obligations of the NeGD or its nominated agency and the Partner Agency.
1.23.2 Audit Notice and Timing
1. As soon as reasonably practicable after the Effective Date, the Parties shall use their best endeavors to agree to a timetable for routine audits during the Project Implementation Phase and the Operation and Management Phase. Such timetable during the Implementation Phase, NeGD or its nominated agency and thereafter during the operation Phase, NeGD or its nominated agency shall conduct routine audits in accordance with such agreed timetable and shall not be required to give the Partner Agency any further notice of carrying out such audits.
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2. NeGD or its nominated agency may conduct non-timetabled audits at his/ her own discretion if they reasonably believes that such non-timetabled audits are necessary as a result of an act of fraud by the Partner Agency, a security violation, or breach of confidentiality obligations by the Partner Agency, provided that the requirement for such an audit is notified in writing to the Partner Agency a reasonable period time prior to the audit (taking into account the circumstances giving rise to the reasonable belief) stating in a reasonable level of detail the reasons for the requirement and the alleged facts on which the requirement is based. If the Partner Agency considers that the non-timetabled audit was not appropriate, the matter shall be referred to the escalation procedure as set out in the Governance Schedule. 3. The frequency of audits shall be half yearly, provided always that the NeGD or its nominated agency shall endeavor to conduct such audits with the lowest levels of inconvenience and disturbance practicable being caused to the Partner Agency.
1.23.3 Access
The Partner Agency shall provide to NeGD or its nominated agency reasonable access to employees, subcontractors, suppliers, agents and third party facilities as detailed in the RFP and also documents, records and systems reasonably required for audit and shall provide all such persons with routine assistance in connection with the audits and inspections. NeGD or its nominated agency shall have the right to copy and retain copies of any relevant records. The Partner Agency shall make every reasonable effort to co-operate with them.
1.23.4 Audit Rights
a) NeGD or its nominated agency shall have the right to audit and inspect suppliers, agents and third party facilities (if any), cloud, documents, records,
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procedures and systems relating to the provision of the services, but only to the extent that they relate to the provision of the services, as shall be reasonably necessary to verify:
i. The security, integrity and availability of all data processed, held or conveyed by the Partner Agency on behalf of NeGD and documentation related thereto; ii. That the actual level of performance of the services is the same as specified in the SLA; iii. That the Partner Agency has complied with the relevant technical standards, and has adequate internal controls in place; and iv. The compliance of the Partner Agency with any other obligation under the MSA and SLA. v. Security audit and implementation audit of the system shall be done once each year. vi. For the avoidance of doubt the audit rights under this Schedule shall not include access to the Partner Agency's profit margins or overheads associated with any obligation under the MSA.
1.23.5 Audit Rights of Sub-Contractors, Suppliers and Agents a) The Partner Agency shall use reasonable endeavors to achieve the same audit and access provisions as defined in this Schedule with sub-contractors, suppliers and agents who supply labor, services, equipment or materials in respect of the services. The Partner Agency shall inform NeGD or its nominated agency prior to concluding any sub-contract or supply agreement of any failure to achieve the same rights of audit or access. b) REPORTING: The Partner Agency will provide quarterly reports to the NeGD or its nominated agency regarding any specific aspects of the Project and in context of the audit and access information as required by the NeGD or its nominated agency.
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1.23.6 Action and Review a) Any change or amendment to the systems and procedures of the Partner Agency, or sub-contractors, where applicable arising from the audit report shall be agreed within thirty (30) calendar days from the submission of the said report. b) Any discrepancies identified by any audit pursuant to this Schedule shall be immediately notified to the NeGD or its nominated agency. and the Partner Agency. c) Partner Agency in consultation with NeGD, shall determine what action should be taken in respect of such discrepancies in accordance with the terms of the MSA.
1.23.7 Terms of Payment The terms of payment are inclusive of any costs of the Partner Agency and the sub- contractor, for all reasonable assistance and information provided under the MSA, the Project Implementation, Operation and Management by the Partner Agency pursuant to this Schedule.
1.23.8 Records and Information For the purposes of audit in accordance with this Schedule, the Partner Agency shall maintain true and accurate records in connection with the provision of the services and the Partner Agency shall handover all the relevant records and documents upon the termination or expiry of the MSA.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1. Signatur Signature ______e ______Name ______Name ______
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Designation ______Designation ______
Date ______Date ______2. Signature ______For and on behalf of NeGD Name ______Designation ______Date ______
WITNESSES:- 1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Address ______Date ______2. Signature ______For and on behalf of the Name ______Partner Agency Designation ______Date ______
1.24 Schedule – IV: Governance Schedule
1.24.1 Purpose
The purpose of this Schedule is to: (i) Establish and maintain the formal and informal processes for managing the
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relationship between NeGD and the Partner Agency (including the outputs from other Schedules to this Agreement; (ii) Define the principles that both Parties wish to follow to ensure the delivery of the Services; (iii) Ensure the continued alignment of the interests of the Parties; (iv) Ensure that the relationship is maintained at the correct level within each Party; (v) Create the flexibility to revise and maintain the relationship and this Agreement during the Term; (vi) Set out the procedure for escalating disagreements; and
(vii) Enable contract administration and performance management.
1.24.2 Governance Structure (a) Project Managers: The relationship under this Agreement will be managed by the Project Managers appointed by each Party, who will provide the interface between the executive management of the respective Parties. (b) Project Implementation Unit (PIU): Within 7 days following the Effective Date, NeGD or its nominated agencies and the Partner Agency shall form a joint Project Implementation Unit comprising of members from each party, and each party shall appoint a Project Manager. In the event that either Party wishes to substitute its Project Manager it will do so in manner in which the original appointment is made and notify the other Party of such substitution as soon as reasonably practicable but at the latest within 7 days of the substitution. (c) The Project Managers shall have responsibility for maintaining the interface and communication between the Parties. (d) The PIU will meet formally on a fortnightly / monthly / quarterly, as required, basis at a time and location to be agreed between them. These meetings will cover, as a minimum, the following agenda items: (i) consideration of Quarterly Performance Reports; (ii) consideration of
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matters arising out of the Change Control Schedule; (iii) issues escalated in accordance with the escalation procedure as set out in the Governance Schedule; (iv) matters to be brought before the PIU in accordance with the MSA and the Schedules; (v) any matter brought before the PIU by the Partner Agency under this Article; and (vi) any other issue which either Party wishes to add to the agenda; (viI) Payment Reconciliation Reports; (ix) Usage (fee) Report (x) Application enablement Reports etc. (e) In the event that there is any material factor which affects the delivery of the Services or the terms of payment as stated in the Terms of Payment Schedule, the Parties agree to discuss in the PIU any appropriate amendment to the Agreement or any Service Level Agreements or Statement of Works including any variation to the terms of payment as stated in the Terms of Payment Schedule. Any variation so agreed shall be implemented through the change control procedure as set out in the Change Control Schedule.
1.24.3 Governance Procedures (a) The Partner Agency shall document the agreed structures in a procedures manual. (b) The agenda for each meeting of the PIU shall be set to reflect the discussion items referred to above and extraordinary items may be added either with the agreement of the Parties or at the request of either Party. Copies of the agenda for meetings of the PIU, along with relevant pre-reading material, shall be distributed at least one week in advance of the relevant meeting. (c) All meetings and proceedings will be documented such documents to be distributed to the Parties and copies shall be kept as a record. All actions, responsibilities and accountabilities arising out of any meeting shall be tracked and managed. (d) The Parties shall ensure as far as reasonably practicable that the PIU shall resolve the issues and resolve the objectives placed before them and that members representing that Party are empowered to make relevant decisions or have easy access to empowered individuals for decisions to be made to
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achieve this. (e) In order formally to submit a Disputed Matter to the aforesaid for a, one Party ("Claimant") shall give a written notice ("Dispute Notice") to the other Party. The Dispute Notice shall be accompanied by (a) a statement by the Claimant describing the Disputed Matter in reasonable detail and (b) documentation, if any, supporting the Claimant's position on the Disputed Matter. (f) The other Party ("Respondent") shall have the right to respond to the Dispute Notice within 7 days after receipt of the Dispute Notice. In the event that the parties are unable to resolve the Disputed Matter within a further period of 7 days, it shall refer the Disputed Matter to next level of the dispute resolution for action as per the process mentioned in section 1.18. (g) All negotiations, statements and / or documentation pursuant to these Articles shall be without prejudice and confidential (unless mutually agreed otherwise). (h) If the Disputed Matter is having a material effect on the operation of the Services (or any of them or part of them) the Parties will use all their respective reasonable endeavors to reduce the elapsed time in reaching a resolution of the Disputed Matter.
1.24.4 The payment under the various cost heads is given as under: (a) For the payment purposes the pro rata reduction has been done on the cost items and sub items. The financial implications for both the states have been mentioned separately. Breakup of the overall project cost for all the phases of the project have been given in the Schedule below.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
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1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Date ______
2. Signature ______For and on behalf of NeGD
Name ______
Designation ______
Date ______
WITNESSES:-
1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Address ______Date ______2. Signature ______For and on behalf of the Name ______Partner Agency Designation ______
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Date ______
1.25 Schedule – V: Payment schedule The payment schedule and milestones are divided into two phases: A) Implementation Phase B) Operations and Maintenance Phase Note: All payments to the Partner Agency shall be made upon submission of invoices along with relevant approval certificates ( in case of Application enablement from respective State/UT). Payment of Implementation Pahse will be made as mentioned in Section 9.2.3 of the RFP. Payment during Operations Phase will be made on based on the adherence to SLA, and Usage Fee, for the amount quoted for each respective quarter. Note: All payments to the Partner Agency shall be made upon submission of invoices along with relevant documents
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Date ______2. Signature ______For and on behalf of NeGD Name ______Designation ______Date ______
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WITNESSES:- 1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Address ______Date ______2. Signature ______For and on behalf of the Name ______Partner Agency Designation ______Date ______
1.26 Schedule – VI: Service Level Agreement The service levels to be established for the Services offered by the Partner Agency will be governed as per the Service levels outlined in the section 18 of this RFP
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Date ______
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2. Signature ______For and on behalf of NeGD Name ______Designation ______Date ______
WITNESSES:- 1. Signatur Signature ______e ______Name ______Name ______Designation ______Designation ______Date ______Address ______Date ______2. Signature ______For and on behalf of the Name ______Partner Agency Designation ______Date ______
2 Formats
2.1 FORMATS FOR THE TECHNICAL BID RESPONSE
2.1.1 Undertaking on Patent Rights (Company letterhead)
[Date]
To
Sub: Undertaking on Patent Rights
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Sir,
1. I/We as Partner Agency do hereby undertake that none of the deliverables/ software components being provided by us is infringing on any patent or intellectual and industrial property rights as per the applicable laws of relevant jurisdictions having requisite competence.
2. I/We also confirm that there shall be no infringement of any patent or intellectual and industrial property rights as per the applicable laws of relevant jurisdictions having requisite competence, in respect of the systems or any part thereof to be supplied by us. We shall indemnify NeGD, against all cost/claims/legal claims/liabilities arising from third party claim in this regard at any time on account of the infringement or unauthorized use of patent or intellectual and industrial property rights of any such parties, whether such claims arise in respect of manufacture or use.
3. If it is found that it does infringe on patent rights, I/We absolve NeGD, of any legal action.
Yours faithfully,
Authorized Signatory
Designation
2.1.2 Undertaking on Conflict of Interest (Company letterhead)
[Date]
To
Sub: Undertaking on Conflict of Interest
Sir,
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I/We as Partner Agency do hereby undertake that there is, absence of, actual or potential conflict of interest on the part of the Partner Agency or any prospective subcontractor due to prior, current, or proposed contracts, engagements, or affiliations with NeGD, . I/We also confirm that there are no potential elements (time frame for service delivery, resource, financial or other) that would adversely impact the ability of the Partner Agency to complete the requirements as given in the RFP. We undertake and agree to indemnify and hold NeGD, harmless against all claims, losses, damages, costs, expenses, proceeding fees of legal advisors (on a reimbursement basis) and fees of other professionals incurred (in the case of legal fees & fees of professionals, reasonably) by NeGD, and/or its representatives, if any such conflict arises later.
Yours faithfully,
Authorized Signatory
Designation
2.1.3 Undertaking On Pricing of Items of Technical Response
(Company letterhead) [Date] To Sub: Undertaking on Clarifications sent to NEGD,
Sir,
I/We do hereby undertake that Commercial Proposal submitted by us is inclusive of all the items in the technical proposal and is inclusive of all the clarifications provided/may be provided by us on the technical proposal during the evaluation of the technical offer. We understand and agree that our Commercial Proposal is firm and final and that any clarifications sought by you and provided by us would not have any impact on the Commercial Proposal submitted by us.
Yours faithfully,
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Authorized Signatory
Designation
2.1.4 Undertaking on Provision of Support for Software
(Company letterhead) [Date]
To
Sub: Undertaking on Provision of Support for Software
Sir,
1. I/We as Partner Agency do hereby undertake the provision for Annual maintenance support/Warranty support by Partner Agency for all the components of the UMANG during the duration of the contract period.
2. We also undertake to provide the support needed for any 3rd party products proposed as part of UMANG during the duration of the contract period.
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Yours faithfully,
Authorized Signatory
Designation
2.1.5 Undertaking on Service Level Compliance
(Company letterhead) [Date]
To
Sub: Undertaking on Service Level Compliance
Sir,
I/We as Partner Agency do hereby undertake that we shall monitor, maintain, and comply with the service levels as stated in the RFP to provide quality service to NeGD. However, if the proposed number of resources is found to be not sufficient in meeting the tender and/or the Service Level requirements given by NeGD, then we will augment the team without any additional cost to NeGD .
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Yours faithfully,
Authorized Signatory
Designation
2.1.6 Undertaking on Deliverables
(Company letterhead) [Date]
To
Sub: Undertaking on Deliverables
Sir,
1. We recognize and undertake that the Deliverables/artefacts shall be presented and explained to NeGD, State/UT and Government departments and local bodies, and other key stakeholders (identified by NeGD), and also take the responsibility to provide clarifications as requested by NeGD.
2. We also understand that the acceptance, approval and sign-off of the deliverables by
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NeGD, State/UT and Government departments and local bodies, shall be done on the advice of any third party agency. We understand that while all efforts shall be made to accept and convey the acceptance of each deliverable in accordance with the project schedule, no deliverable will be considered accepted until a specific written communication to that effect is made by NeGD.
Yours faithfully,
Authorized Signatory
Designation
2.1.7 Undertaking on Training the Users
(Company letterhead) [Date]
To
Sub: Undertaking on Training the Users
Sir,
1. I/We hereby undertake to train users as per NeGD’s requirements stated in the Request for Proposal (RFP). We further undertake that:
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We shall carry out a comprehensive training needs analysis and accordingly design the training program.
Our training program would include, at the minimum, classroom training followed by supervised work sessions.
We shall prepare all necessary training materials and deliver the training.
Yours faithfully,
Authorized Signatory
Designation
2.1.8 Undertaking on Exit Management and Transition
(Company letterhead) [Date]
To
Sub: Undertaking on Exit Management and Transition
Sir, 1. I/We hereby undertake that at the time of completion of the engagement, we shall
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successfully carry out the exit management and transition (to NeGD, or to an agency identified by NeGD, ) to NeGD’s satisfaction.
2. I/We further undertake to complete the following as part of the Exit Management and Transition:
i. Transition of project artefacts and assets
a. We undertake to complete the updating of all project documents and other artefacts and handover the same to NeGD, before transition
b. We undertake to design Standard Operating Procedures to manage complete UMANG platform (including cloud infrastructure and other related systems), document the same and train identified stakeholders on the same.
3. I/We also understand that the Exit Management and Transition will be considered complete on the basis of approval from NeGD.
Yours faithfully,
Authorized Signatory
Designation
2.1.9 Undertaking on Personnel
(Company letterhead) [Date]
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To
Sub: Undertaking on Personnel
Sir,
1. I/We as Partner Agency do hereby undertake that those persons, whose profiles were part of the basis for evaluation of the bids and have been identified as “Key Personnel” of the proposed team, shall be deployed during the Project as per our bid submitted in response to the RFP.
2. We undertake that any of the identified “Key Personnel” shall not be removed or replaced without the prior written consent of NeGD.
3. Under exceptional circumstances, if the Key Personnel are to be replaced or removed, we shall put forward the profiles of personnel being proposed as replacements, which will be either equivalent or better than the ones being replaced. However, whether these profiles are better or equivalent to the ones being replaced will be decided by NeGD. NeGD will have the right to accept or reject these substitute profiles.
4. We also undertake to staff the Project with competent team members in case any of the proposed team members leave the Project either due to voluntary severance or disciplinary actions against them.
5. We undertake that the resources should be full time assigned to the UMANG project and will not be working simultaneously on other projects.
6. We acknowledge that NeGD, has the right to seek the replacement of any member of
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the Project team being deployed by us, based on the assessment of NeGD, that the person in question is incompetent to carry out the tasks expected of him/her or found that person does not really possess the skills /experience/qualifications as projected in his/her profile or on the ground of security concerns or breach of ethics.
7. In case we assign or reassign any of the team members, we shall be responsible, at our expense, for transferring all appropriate knowledge from personnel being replaced to their replacements within a reasonable time.
Yours faithfully,
Authorized Signatory
Designation
2.1.10 Undertaking on Changes to the Contract Clauses
(Company letterhead) [Date]
To
Sub: Undertaking on Changes to Contract Clauses
Sir,
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1. I/We as Partner Agency do hereby acknowledge that we understand that the request for changes to contract clauses and any other terms and conditions in the RFP, submitted in our proposal as per the RFP are just suggestions for change.
2. We understand that it is neither guaranteed that these requests for changes will be accepted in the final contract nor this process will be construed as any commitment from NeGD to consider those suggestions.
Yours faithfully,
Authorized Signatory
Designation
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2.1.11 Profiles of Previous Project Experience
Relevant Project experience General Information Name of the project Client for which the project was executed Name and contact details of the client Project Details Description of the project Scope of services Service levels being offered/ Quality of service (QOS) Technologies used Outcomes of the project Other Details Total cost of the project Total cost of the services provided by the respondent Duration of the project (no. of months, start date, completion date, current status) Other Relevant Information Mandatory Supporting Documents: a) Letter from the client to indicate the successful completion of the projects Project Capability Demonstration Please provide complete details regarding the scope of the project to indicate the relevance to the requested technical evaluation criterion.
2.1.12 Team Profile
Format for the Profiles Name of the person
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Current Designation / Job Title Current job responsibilities Proposed Role in the Project Proposed Responsibilities in the Project
Academic Qualifications: - Degree - Academic institution graduated from - Year of graduation - Specialization (if any) - Key achievements and other relevant information (if any)
Professional Certifications (if any) Total number of years of experience Number of years with the current company Summary of the Professional / Domain Experience Number of complete life cycle implementations carried out The names of customers (Please provide the relevant names) Past assignment details (For each assignment provide details regarding name of organizations worked for, designation, responsibilities, tenure) Prior Professional Experience covering: . Organizations worked for in the past - Organization name - Duration and dates of entry and exit - Designation
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- Location(s) - Key responsibilities . Prior project experience - Project name - Client - Key project features in brief - Location of the project - Designation - Role - Responsibilities and activities - Duration of the project
Please provide only relevant projects. Proficient in languages (Against each language listed indicate if read/write/both)
Each profile must be accompanied by the following undertaking from the staff member:
(Alternatively, a separate undertaking with the same format as below with all the names of the proposed profiles should be provided)
Certification
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes my qualifications, my experience, and myself. I understand that any willful misstatement described herein may lead to my disqualification or dismissal, if engaged.
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Signature:
Date:
[Signature of staff member or authorized representative of the staff] Day/Month/Year
Full name of authorized representative:
2.1.13 Suggestions on Changes to Contract Clauses
(Company letterhead)
[Date]
To
Director
National e-Governance Division
Department of Electronics & Information Technology 4th Floor, Electronics Niketan, 6 CGO Complex, Lodhi Road
New Delhi – 110003
Sub: Changes to the Contract Clauses
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Sir,
1. We request you to consider the following changes to the Contract Clauses:
S No Page No. Section No. Original Suggested Reason for Text Change Change
1.
2.
3.
Yours faithfully,
Authorized Signatory
Designation
2.2 FORMATS FOR THE COMMERCIAL BID RESPONSE
2.2.1 Commercial Proposal Cover Letter
(Company letterhead) [Date]
To
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Dear Sir,
Ref: RFP for Selection of Partner Agency for the Implementation of Unified Mobile Application for New-age Governance (UMANG)
Having examined the RFP Document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide the services, as required and outlined in the RFP. In order to meet such requirements and to provide services as set out in the RFP document, following is our quotation summarizing our Commercial Proposal.
We attach hereto the Commercial Proposal as required by the Bid document, which constitutes our proposal.
We undertake, if our proposal is accepted, to the services as put forward in the RFP or such modified requirements as may subsequently be agreed mutually by us and NeGD.
We will obtain necessary bank guarantees in the formats given in the bid document issued by a bank in India, acceptable to NeGD and furnish them within the time frames set out in the RFP.
We agree for unconditional acceptance of all the terms and conditions in the bid document and we also agree to abide by this bid response for a period of SIX (6) MONTHS from the date fixed for commercial bid opening and it shall be valid proposal till such period with full force and virtue. Until within this period a formal contract is prepared and executed, this bid response, together with your written acceptance thereof in your notification of award, shall constitute a binding contract between NeGD and us.
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We confirm that the information contained in this proposal or any part thereof, including its exhibits, schedules, and other documents and instruments delivered or to be delivered to NeGD is true, accurate, and complete. This proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead NeGD as to any material fact.
We agree that you are not bound to accept the lowest or any bid response you may receive. We also agree that you reserve the right in absolute sense to reject all or any if the products/ service specified in the bid response without assigning any reason whatsoever. It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/ agency/organization and empowered to sign this document as well as other such documents, which may be required in this connection.
Dated this Day of 2016 (In the capacity (Signature) of)
Duly authorized to sign the Bid Response for and on behalf of: (Name and Address of Company) Seal/Stamp of Partner Agency
CERTIFICATE AS TO AUTHORISED SIGNATORIES
I, certify that I am ………………. of the ……………………………., and that
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……………………………………………………………… who signed the above proposal is authorized to bind the company, pursuant to the resolution passed in the meeting of Board of Directors of the company on ______(date).
Date
(Seal here)
2.2.2 Non – Disclosure Agreement (NDA)
[Company Letterhead]
This AGREEMENT (hereinafter called the “Agreement”) is made on the [day] day of the month of [month], [year], between, NeGD, on the one hand, (hereinafter called the “Client”) and, on the other hand, [Name of the bidder] (hereinafter called the “Bidder”) having its registered office at [Address]
WHEREAS
The “Client” has issued a public notice inviting various organizations to propose for hiring services of an organization for provision of services under the UMANG Project (hereinafter called the “Project”) of the Client;
The Bidder, having represented to the “Client” that it is interested to bid for the proposed Project, The Client and the Bidder agree as follows:
1. In connection with the “Project”, the Client agrees to provide to the Bidder a Detailed Document on the Project vide the Request for Proposal. The Request for Proposal
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contains details and information of the Client operations that are considered confidential.
2. The Bidder to whom this Information (Request for Proposal) is disclosed shall:
a. Hold such Information in confidence with the same degree of care with which the Bidder protects its own confidential and proprietary information;
b. Restrict disclosure of the Information solely to its employees, agents and contractors with a need to know such Information and advise those persons of their obligations hereunder with respect to such Information;
c. Use the Information only as needed for the purpose of bidding for the Project;
d. Except for the purpose of bidding for the Project, no copy or otherwise duplicate such Information or knowingly allow anyone else to copy or otherwise duplicate such Information; and e. Undertake to document the number of copies it makes; f. On completion of the bidding process and in case unsuccessful, promptly return to the Client, all Information in a tangible form or certify to the Client that it has destroyed such Information.
3. The Bidder shall have no obligation to preserve the confidential or proprietary nature of any Information which:
a. Was previously known to the Bidder free of any obligation to keep it confidential at the time of its disclosure as evidenced by the Bidder’s written records prepared prior to such disclosure; or
b. Is or becomes publicly known through no wrongful act of the Bidder; or
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c. Is independently developed by an employee, agent or contractor of the Bidder not associated with the Project and who did not have any direct or indirect access to the Information.
4. The Agreement shall apply to all Information relating to the Project disclosed by the Client to the Bidder under this Agreement.
5. The Client will have the right to obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
6. Nothing contained in this Agreement shall be construed as granting or conferring rights of license or otherwise, to the bidder, in any of the Information. Notwithstanding the disclosure of any Information by the Client to the Bidder, the Client shall retain title and all intellectual property and proprietary rights in the Information. No license under any trademark, patent or copyright, or application for same that are now or thereafter may be obtained by such party is either granted or implied by the conveying of Information. The Bidder shall not alter or obliterate any trademark, trademark notice, copyright notice, confidentiality notice or any notice of any other proprietary right of the Client on any copy of the Information, and shall reproduce any such mark or notice on all copies of such Information.
7. This Agreement shall be effective from the date the last signature is affixed to this Agreement and shall continue in perpetuity.
8. Upon written demand of the Client, the Bidder shall (i) cease using the Information, (ii) return the Information and all copies, notes or extracts thereof to the Client forthwith after receipt of notice, and (iii) upon request of the Client, certify in writing that the
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Bidder has complied with the obligations set forth in this paragraph.
9. This Agreement constitutes the entire agreement between the parties relating to the matters discussed herein and supersedes any and all prior oral discussions and/or written correspondence or agreements between the parties. This Agreement may be amended or modified only with the mutual written consent of the parties. Neither this Agreement nor any right granted hereunder shall be assignable or otherwise transferable.
10. CONFIDENTIAL INFORMATION IS PROVIDED “AS IS” WITH ALL FAULTS. IN NO EVENT SHALL
THE CLIENT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION.
11. This Agreement shall benefit and be binding upon the Client and the Bidder and their respective subsidiaries, affiliate, successors and assigns.
12. This Agreement shall be governed by and construed in accordance with the Indian laws.
For and on behalf of the Bidder
____(Signature)______
(Name of the Authorized Signatory) Date
Address
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Location
2.2.3 Format for submission of Queries for clarification
Bidders requiring specific points of communicate clarification may with NeGD, during the specified period using the following format:
<
BIDDER’S REQUEST FOR CLARIFICATION
Name & position of Name of Organization person Full formal address of the organizati includin submitting request submitting request on g phone, fax and email points of contact
Tel:
Fax:
Email:
Content of RFP Points of S. Bidding Document requiring clarification (sectio No Reference(s) n Clarification required
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number/ page)
2.2.4 Earnest Money Deposit
1. In consideration of ______(hereinafter called the “Government”) represented by
______, on the first part and M/s ______of ______(hereinafter referred to as
“Bidder”) on the Second part, having agreed to accept the Earnest Money Deposit of Rs. ______
(Rupees ______) in the form of Bank Guarantee/ FDR/ A/c payee demand draft for the Request for Proposal for procurement of ______we ______(Name of the Bank), (hereinafter referred to as the “Bank”), do hereby undertake to pay to the Government forthwith on demand without any demur and without seeking any reasons whatsoever, an amount not exceeding ______(Rupees ______) and the guarantee will remain valid up to a period of 225 days from the due date of the tender. It will, however, be open to the Government to return the Guarantee earlier than this period to the Bidder, in case the Bidder does not qualify for the commercial negotiations by the Commercial Negotiations Committee (CNC) as constituted by the Government after a recommendation is made by the CNC on the bid(s) after an evaluation.
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2. In the event of the Bidder withdrawing the tender before the completion of the stages prior to the Commercial negotiations or during the Commercial negotiations, as the case may be, the Guarantee deposited by the Bidder stands forfeited to the Government. We also undertake not to revoke this guarantee during this period except with the previous consent of the Government in writing and we further agree that our liability under the Guarantee shall not be discharged by any variation in the term of the said tender and we shall be deemed to have agreed to any such variation.
3. No interest shall be payable by the Government to the Bidder on the guarantee for the period of its currency.
Dated this______day of ______2016
For the Bank of ______
(Agent/Manager)
2.2.5 Bid Cover Letter
[Cover Letter]
[Date]
To,
<
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Dear Sir,
Ref: RFP for Selection of Partner Agency for Implementation of UMANG
Having examined the RFP, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide the professional services as required and outlined in the RFP for the UMANG Project.
We attach hereto the technical response as required by the RFP, which constitutes our proposal.
We confirm that the information contained in this response or any part thereof, including its exhibits, and other documents and instruments delivered or to be delivered to NeGD is true, accurate, verifiable and complete. This response includes all information necessary to ensure that the statements therein do not in whole or in part mislead the department in its short-listing process.
We fully understand and agree to comply that on verification, if any of the information provided here is found to be misleading the short listing process, we are liable to be dismissed from the selection process or termination of the contract during the project, if selected to do so.
We agree for unconditional acceptance of all the terms and conditions set out in the RFP document and also agree to abide by this tender response for a period of SIX MONTHS from the date fixed for bid opening.
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We hereby declare that in case the contract is awarded to us, we shall submit the contract performance guarantee bond in the form prescribed in this RFP.
We agree that you are not bound to accept any tender response you may receive. We also agree that you reserve the right in absolute sense to reject all or any of the products/ services specified in the tender response.
It is hereby confirmed that I/We are entitled to act on behalf of our company/ corporation/ firm/ organization and empowered to sign this document as well as such other documents, which may be required in this connection.
Dated this Day of 2016 (In the capacity (Signature) of)
(Name)
Duly authorized to sign the Tender Response for and on behalf of:
(Name and Address of Company) Seal/Stamp of bidder
Witness Signature:
Witness Name:
Witness Address:
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CERTIFICATE AS TO AUTHORISED SIGNATORIES
I,……………………………, the Company Secretary of …….…………………,certify tha t
……………………………………………………………… who signed the above Bid is authorized to do so and bind the company by authority of its board/ governing body.
Date:
Signature:
(Company Seal)
(Name)
2.2.6 Performance Bank Guarantee
[Date]
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To,
Ref: Request for Proposal (RFP): UMANG Project
Dear Sir,
Sub: PERFORMANCE BANK GUARANTEE for NeGD, Government of India
WHEREAS
M/s. (name of bidder), a company/LLP registered under the Companies Act, 1956/ LLP Act 2008, having its registered office at (address of the bidder), (hereinafter referred to as “our constituent”, which expression, unless excluded or repugnant to the context or meaning thereof, includes its successors and assignees), agreed to enter into a contract dated …….. (Herein after, referred to as “Contract”) with you (NeGD) for UMANG project.
We are aware of the fact that as per the terms of the contract, M/s. (name of bidder) is required to furnish an unconditional and irrevocable bank guarantee in your favour for an amount INR XXX (Rupees XXX only), and guarantee the due performance by our constituent as per the contract and do hereby agree and undertake to pay the amount due and payable under this bank guarantee, as security against breach/ default of the said contract by our constituent.
In consideration of the fact that our constituent is our valued customer and the fact that he has entered into the said contract with you, we, (name and address of the bank), have agreed to issue this Performance Bank Guarantee. Therefore, we (name and address of the bank) hereby unconditionally and irrevocably guarantee you as under:
In the event of our constituent committing any breach/default of the said contract, and which has not been rectified by him, we hereby agree to pay you forthwith on demand such
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sum/s not exceeding the sum of amount INR XXX (Rupees XXX only), without any demur.
Notwithstanding anything to the contrary, as contained in the said contract, we agree that your decision as to whether our constituent has made any such default(s) / breach(es), as aforesaid and the amount or amounts to which you are entitled by reasons thereof, subject to the terms and conditions of the said contract, will be binding on us and we shall not be entitled to ask you to establish your claim or claims under this Performance Bank Guarantee, but will pay the same forthwith on your demand without any protest or demur.
This Performance Bank Guarantee shall continue and hold good till the completion of the project, subject to the terms and conditions in the said Contract.
We bind ourselves to pay the above said amount at any point of time commencing from the date of the said Contract until the completion of the project for the total solution as per said Contract.
We further agree that the termination of the said agreement, for reasons solely attributable to our constituent, virtually empowers you to demand for the payment of the above said amount under this guarantee and we would honour the same without demur.
We hereby expressly waive all our rights to pursue legal remedies against NeGD,
We the guarantor, as primary obligor and not merely surety or guarantor of collection, do hereby irrevocably and unconditionally give our guarantee and undertake to pay any amount you may claim (by one or more claims) up to but not exceeding the amount mentioned aforesaid during the period from and including the date of issue of this guarantee through the period.
We specifically confirm that no proof of any amount due to you under the contract is required to be provided to us in connection with any demand by you for payment under
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this guarantee other than your written demand.
Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax, registered post or other electronic media to our address, as aforesaid and if sent by post, it shall be deemed to have been provided to us after the expiry of 48 hours from the time it is posted.
If it is necessary to extend this guarantee on account of any reason whatsoever, we undertake to extend the period of this guarantee on the request of our constituent upon intimation to you.
This Performance Bank Guarantee shall not be affected by any change in the constitution of our constituent nor shall it be affected by any change in our constitution or by any amalgamation or absorption thereof or therewith or reconstruction or winding up, but will ensure to your benefit and be available to and be enforceable by you during the period from and including the date of issue of this guarantee through the period.
Notwithstanding anything contained hereinabove, our liability under this Performance Guarantee is restricted to amount INR XXX (Rupees XXX only) and shall continue to exist, subject to the terms and conditions contained herein, unless a written claim is lodged on us on or before the aforesaid date of expiry of this guarantee.
We hereby confirm that we have the power/s to issue this Guarantee in your favour under the Memorandum and Articles of Association/ Constitution of our bank and the undersigned is/are the recipient of authority by express delegation of power/s and has/have full power/s to execute this guarantee under the Power of Attorney issued by the bank in your favour.
We further agree that the exercise of any of your rights against our constituent to enforce or forbear to enforce or any other indulgence or facility, extended to our constituent to
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carry out the contractual obligations as per the said Contract, would not release our liability under this guarantee and that your right against us shall remain in full force and effect, notwithstanding any arrangement that may be entered into between you and our constituent, during the entire currency of this guarantee.
Notwithstanding anything contained herein:
Our liability under this Performance Bank Guarantee shall not exceed amount INR XXX (Rupees XXX only);
This Performance Bank Guarantee shall be valid only up to the completion of the project for the Total Solution as per contract; and We are liable to pay the guaranteed amount or part thereof under this Performance Bank Guarantee only and only if we receive a written claim or demand on or before …. (Date) i.e. completion of the period for the proposed UMANG project in Design, Development, Implementation, Operation and Maintenance of the solution for <
Any payment made hereunder shall be free and clear of and without deduction for or on account of taxes, levies, imports, charges, duties, fees, deductions or withholding of any nature imposts.
This Performance Bank Guarantee must be returned to the bank upon its expiry. If the bank does not receive the Performance Bank Guarantee within the above mentioned period, subject to the terms and conditions contained herein, it shall be deemed to be automatically cancelled.
This guarantee shall be governed by and construed in accordance with the Indian Laws and we hereby submit to the exclusive jurisdiction of courts of Justice in India for the purpose of any suit or action or other proceedings arising out of this guarantee or the subject matter hereof brought by you may not be enforced in or by such count.
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Dated ……………………. this ……….. day …………. 2015.
Yours faithfully,
For and on behalf of the ……………
Bank,
(Signature) Designation (Address of the Bank)
Note:
This guarantee will attract stamp duty as a security bond.
A duly certified copy of the requisite authority conferred on the official/s to execute the guarantee on behalf of the bank should be annexed to this guarantee for verification and retention thereof as documentary evidence.
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1 Annexure A – Service delivered through SSDG (State Service Delivery Gateway)
Sl Go-Live No. of Services No State Date Operational Transactions
1 Andhra Pradesh 01-Jul-13 41 29,53,797
2 ANI 15-Aug-14 54 365
Arunachal 11 3 Pradesh 29-Aug-13 21
4 Assam 31-Mar-13 29 12,709
5 Bihar 19-Feb-14 8 2,12,079
6 Chhattisgarh 01-Oct-13 17 2,14,864
7 Goa 08-Jul-11 50 83,322
Himachal 25 8 Pradesh 01-May-12 1,719
Jammu & 7 9 Kashmir 28-Aug-12 24,408
10 Kerala 05-Jun-14 6 200
11 Madhya Pradesh 18-Sep-13 40 519
12 Manipur 26-Jan-12 40 1,905
13 Meghalaya 03-May-12 4 0
14 Mizoram 15-Mar-13 21 306
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15 Nagaland 30-Mar-12 25 47,22,425
16 Puducherry 11-Feb-13 37 544
17 Punjab 03-Dec-14 26 460
18 Rajasthan 26-Sep-13 65 5,32,669
19 Sikkim 18-Mar-13 21 19,594
20 Tamil Nadu 29-Sep-13 10 86,36,253
21 Tripura 01-Mar-14 12 195
22 Uttar Pradesh 01-Aug-12 26 2,93,06,625
23 West Bengal 17-Dec-14 5 4,007
580 4,67,28,986
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2 Annexure B – Indicative List of PAN India Services (Corresponding transactions 1st Jan, 2015 to 3rd Nov, 2015)
Transaction State Application Service s Loans For Unemployment In Telangana Telangana eSeva 510897655 Villages(Krushe) Payments Link To Telangana Telangana eSeva 303348319 Aadhar(Disbursement) Mobile Governance Services Kerala M-Governance- eSMS 285765901 by KSITM Telangana Telangana eSeva Weekly Payments 197843934 Gujarat gujarat PDS Food Coupons Issued. 139594648 Madhya Samagra - Food Allotment of Food Grains to 93497965 Pradesh Security Act FPS/PDS Shops Andhra Pradesh eSeva SMS Services to citizens 68822820 Uttar Pradesh UP eServices VAT UP Sales Transactions 68272516 Kerala KVATIS e-Sales Invoices 60521093 Gujarat gujarat PDS Food Coupons Received 51681279 Kerala KVATIS e-Purchase Invoices 48165969 Gujarat gujarat PDS eFPS Bill Receipts 43416134 Uttar Pradesh UP eServices VAT Purchase Transaction 38728200 Digitizatiion of existing Uttar Pradesh UP eServices 38462297 ration cards. Gujarat Urja Vikas Nigam Gujarat gujarat 37869547 Limited Bill collection Uttar Pradesh UP eServices Ration Card printing Service 37443468
Uttar Pradesh e-services Bill Print for house tax, 36239173
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water tax, sewage tax, garbage tax Andhra Pradesh eSeva AWFP-INSURANCE 35501372 Tamil Nadu Health TNHMIS - Patient Tamil Nadu 35195038 System Project Registration Land Records - Total ROR Gujarat gujarat 34070244 Printed @e-Dhara Andhra Pradesh eSeva VAT/TOT Collection 33546748 Madhya MP Cooperative Banks No. of Deposit 33166081 Pradesh Directorate of Tamil Nadu Government Online SSLC Result Viewed 25459754 Examination Land Records - Total ROR Gujarat gujarat 24560612 Printed @e-Gram (CSC) Andhra Pradesh eSeva AWFP-SALARIES 23935607 Directorate of Tamil Nadu Government Online HSC Result Viewed 23868840 Examination West Bengal Land Records WB Plot Information 21879438 Chhattisgarh State Chhattisgarh Power Distribution SMS Service for e-Sampark 21778760 Company Ltd. Madhya Samagra - Shiksha Integrated Shiksha 21673772 Pradesh Scholarships Applications Himachal Declaration of Goods for all NIC HP Projects 21417523 Pradesh type of business purposes Telangana Telangana eSeva Nregs Masters 20827793
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Tamil Nadu Health Tamil Nadu TNHMIS Clinical OP 19704089 System Project Social Security Pension payment ot beneficiary Andhra Pradesh eSeva through Banking 19508385 Correspondent using biometrics SALES TAX Andhra Pradesh MeeSeva 19401794 REIMBURSEMENT Madhya Samagra - Shiksha School Shiksha 18394441 Pradesh Admissions Madhya MP Cooperative Banks No. of Withdrawal 18225140 Pradesh Search Elector's Name in Gujarat Election Gujarat 17248702 Electoral Roll Tamil Nadu Health Tamil Nadu TNHMIS Pharmacy 16614710 System Project Gujarat gujarat PDS SMS Alerts 16427855 Number of Payment and Kerala Treasury Department 16296098 Receipts Transactions Andhra Pradesh MeeSeva Current Adangal / Pahani 14832700 Uttar Pradesh e-District U.P. Online Status tracking 14807208 Maharashtra Mahabhulekh Project Land Record 14693329 Tamil Nadu Higher Education Engineering Students Corner 14454035 TANGEDCO Online Payment Tamil Nadu TANGEDCO 13442910 Portal Andhra Pradesh MeeSeva PRINT RATION CARD 13079037 Uttar Pradesh UP eServices Issuing of Transit Pass 11656841 Madhya C-SFMS Cyber Treasury (e-challan) 11322615
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Pradesh Land Records: ROR on Gujarat gujarat 11222254 Internet Telangana Telangana eSeva Commerical Tax Return 11127335 Gujarat gujarat e-Royalty Pass 11090967 SMS ALERT TO PROMINENT Uttar Pradesh UP eServices 10653954 PERSON OF VILLAGE Madhya Samagra - Shiksha Integrated Shiksha 10434559 Pradesh Scholarship Disbursed Tamil Nadu Health Tamil Nadu TNHMIS Lab Services 10376185 System Project Steel and Mines Odisha eTransitPass 10243122 Department Rajasthan Rajasthan Land Records RoR 9391007 Kerala Tourism Online Kerala Tourism Kerala Information Download by 9196211 Website Public Uttar Pradesh UP eServices PDS beneficiary Enquiry 8972655 Uttar Pradesh e-services Birth Registeration Service 8925799 Uttar Pradesh UP eServices ROR 8702229 Madhya MP-eDistrict New Issuance of Caste certificate 8520960 Pradesh Electricity Bill Payments- Telangana Telangana eSeva 8435524 CPDCL Chhattisgarh CORE PDS Public Distribution System 8329574 Uttar Pradesh UP eServices Khatauni ki Nakal 8166602 West Bengal Land Records WB Khatian (ROR) View 8141582 Madhya Social Security Samagra-IGNOAP 8106713 Pradesh
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Uttar Pradesh UP eServices Dealer Assessment 7367962 Uttar Pradesh UP eServices Voter Registration 7319563 Karnataka KarnatakaServices Others 7257750 Kerala Civil Supplies 2 Online Ration card Renewal 7198941 Maharashtra MahaOnline Limited Maharshtra SMS Service 6915877 Delhi e-Stamping e-Stamping 6910049 Madhya Computerization of Push SMS Services 6714792 Pradesh MP Commercial Tax Number of Pension Payment Kerala Treasury Department 6667732 Transactions in Treasury Total number of online Kerala KPSC applications received per 6618162 day for various notified posts District Courts-Case Status Gujarat gujarat 6180443 Viewed Andhra Pradesh MeeSeva Income Certificate 6018090 Madhya Land Records Mutations at Tehsil 5879178 Pradesh eServices of Tamil Nadu OnlineReturns 5641613 Commercial Taxes Uttar Pradesh SSDG & e-Forms Digital Wallet SSDG-eforms 5325409 Form-8 - Correction of Gujarat Election Gujarat 5234445 entries in the Electoral Rolls Maharashtra MahaOnline Limited EPRI 5215423 Uttar Pradesh e-District U.P. Domicile Certificate 5129516 Tamil Nadu ePension Tamil Nadu State Pension 5105659 Madhya Social Security Pension Social Security 5047890 Pradesh Scheme
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Tamil Nadu Land Tamil Nadu Chitta Extract 4961405 Records SMS on e-Jamin – Land Gujarat gujarat 4884719 Mutation GUJARAT HIGH Gujarat Case Status Accessed 4873516 COURT Karnataka KarnatakaServices Caste Certificate 4801638 Odisha ROR RoR View 4739464 Number of PSC Exam Hall Kerala KPSC Ticket Downloads by 4738302 candidates Haryana Haryana Project Cyber Treasury Reciept 4686906 MVVNL Electricity Bill Uttar Pradesh e-Suvidha 4679000 Payment Uttar Pradesh e-District U.P. Income Certificate 4597922 Haryana Haryana Project Social Welfare Payments 4553770 SMS Alert for edistrict Uttar Pradesh e-District U.P. 4214605 Services Kerala State Resident Data Kerala Aadhaar 4206397 Hub Lookup Service Uttar Pradesh e-District U.P. Caste Certificate 4168754 Andhra Pradesh eSeva Meeseva Additional Copies 4116570 Kerala Sevana - IKM Birth Certificates issued 3863814 BRPL POWER Delhi Online Bill Payment - BRPL 3687663 DISTRIBUTION Tamil Nadu Health Tamil Nadu TNHMIS NCD Screening 3675194 System Project Kerala Results Higher Secondary Results Kerala 3625913 Publishing Page Views
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Dematerialised Waybill for West Bengal Com tax 3589391 Registered Dealers Madhya Indra Gandhi National Social Security 3524269 Pradesh Widow Pension Scheme eSPAN - Social Old Age / Widow / Disability Uttarakhand Security Pension 3497663 Pensions Application of NIC Gujarat gujarat OJAS Applications 3483190 Tamil Nadu EMPOWER Employmnet Portal 3422691 Andhra Pradesh eSeva AWFP-NON HRMS-SALARIES 3417271 West Bengal Excise Department Other e-Services 3365121 Uttar Pradesh UP eServices eForms 3329750 Gujarat gujarat SMS intimation on OJAS 3228154 Online Result Display of Madhya Board of Secondary Class 10th and 12th Main 3168490 Pradesh Education M.P. Exam. Uttar Pradesh UP eServices Vat Return Filling 3118640 Andhra Pradesh eSeva Meeseva Courier Charges 3025167 Kerala Transport Services Driving License 2995906 Vehicle Fitness Certificate Andhra Pradesh eSeva 2974434 issue NSAP welfare pensions made Kerala Sevana - IKM 2958996 online Gujarat gujarat e-Delivery Pass 2905339 West Bengal Land Records WB Plot Map view 2789866 Tamil Nadu Tamil Nadu Project Income Certificate 2788103 Transaction Slip - for Kerala KVATIS Sending Goods Through 2755142 Parcel/ Courier
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Madhya Food Civil Supplies MPeUparjan SMS to Farmers 2738068 Pradesh Consumer Protection OJAS Call Letters Gujarat gujarat 2694690 Downloaded Delhi Jal Board Delhi Revenue Management Count of Bills Viewed online 2666626 System Kerala KVATIS e-Declaration 2624225 Total Emails of Government Kerala IDEAS Orders sent to subscribed 2616178 public Andhra Pradesh eSeva Vehicle Tax 2613339 Uttar Pradesh UP eServices Samajwadi Pension 2603565 Postmatric Scholarship to Uttar Pradesh UP eServices 2596525 View Application Status Election Department Kerala Online Voter Registration 2577270 e-Services Karnataka KarnatakaServices Renewal of Ration Card 2425771 Digital Wallet of the Uttar Pradesh e-District U.P. 2401981 certiifcates Certificate of Vehicle Kerala Transport Services 2165677 Registration Madhya Society Registration and e-Cooperatives 2163326 Pradesh Information Karnataka KarnatakaServices Income Certificate 2152014 District Courts-Cause List Gujarat gujarat 2150304 Viewed GUJARAT HIGH Gujarat Orders/Judgments 2148455 COURT
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Aadhaar Authentication Kerala Aadhaar 2147967 Service by KSITM eDistrict Utility Electricity Bill Payments Kerala 2141606 Payments (eDistrict) Kerala eDistrict, Kerala Income Certificate 2135464 DELHI VALUE ADDED Delhi Filing of VAT Return 2092772 TAX Commercial Tax(All Registration(VAT/CST/PT/E Karnataka KarnatakaServices 2091872 T/LT)/No Due/C,E1,E2,F,H Forms) Rajasthan Rajasthan Birth Registration 2084419 Tamil Nadu Health Tamil Nadu TNHMIS Specialty OP 2021346 System Project Gujarat gujarat GUJARAT GAS LIMITED 1997309 Madhya Providing copies of current MP-eDistrict New 1960086 Pradesh Khasra/B1-Khatauni eServices of Tamil Nadu OnlineForms 1937622 Commercial Taxes Uttar Pradesh SSDG & e-Forms Domicile Certificate 1873043 Uttar Pradesh UP eServices Old Age Pension 1843462 Madhya Computerization of Form 49 for incoming goods 1838685 Pradesh MP Commercial Tax Commercial tax Uttarakhand Department Forms Issued 1825259 Uttarakhand Tamil Nadu Tamil Nadu Project Community Certificate 1802845 DELHI VALUE ADDED Delhi Payment of VAT and CST 1767669 TAX
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BYPL POWER Delhi Online Bill Payment - BYPL 1728289 DISTRIBUTION Online Property tax Kerala Sevana - IKM 1710391 Assessments done by citizen Online Ticket Reservation Gujarat GSRTC OTRS 1700614 System Form-6 -Inclusion of names Gujarat Election Gujarat 1700428 for Residents electors Identification of Residents Madhya Samagra - Food for benefit under Annapurna 1681675 Pradesh Security Act Scheme Electricity Bill Payments- Telangana Telangana eSeva 1665032 NPDCL Statutary form request and Himachal NIC HP Projects cancellation under central 1663458 Pradesh excise act Uttar Pradesh e-services Death Registeration Service 1661875 Kerala eDistrict, Kerala Possession Certificate 1660312 Kerala KVATIS Delivery Note - Form 15 1655798 Registration West West Bengal Market Value of Property 1642982 Bengal Telangana Telangana eSeva Aasara Pensions 1638467 Madhya Computerization of E-Return Filing by dealers 1595799 Pradesh MP Commercial Tax Computerization of Himachal VAT in Himachal E-Declaration 1572437 Pradesh Pradesh Madhya MP Transport Paper Documents Issued 1565412 Pradesh
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Registration of Karnataka KarnatakaServices 1557162 land/property Uttar Pradesh UP eServices PRERNA 1552932 Centralized Treasury System Uttar Pradesh UP eServices 1517740 E-payment Kerala Transport Services Vehicle Tax Tokens 1515022 Calicut University Online Fee Kerala University of Calicut 1511345 Remittance Uttar Pradesh UP eServices House Tax 1486124 Madhya Food Civil Supplies MPeUparjan Procurement 1482193 Pradesh Consumer Protection from Farmers Uttar Pradesh SSDG & e-Forms Caste Certificate 1480821 Tamil Nadu Tamil Nadu Project Nativity Certificate 1462447 Uttar Pradesh SSDG & e-Forms SMS alert in SSDG-eforms 1445385 Statutory and Non Statutory Gujarat gujarat 1442690 Services Uttar Pradesh SSDG & e-Forms Status Tracking 1412597 Himachal NIC HP Projects Treasury Payments 1407268 Pradesh Madhya Computerization of Online download of Form 59 1403415 Pradesh MP Commercial Tax Andhra Pradesh MeeSeva Encumbrance Certificate 1401622 Delhi Jal Board Delhi Revenue Management Payment at DJB Counters 1400194 System Traffic Challan Andhra Pradesh eSeva 1384578 Payment(HYD) Madhya Land Records ROR Distribution from Tehsil 1353229 Pradesh
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Uttar Pradesh SSDG & e-Forms Income Certificate 1316798 Ration Card Verification Kerala Ration Card Services 1314191 Service Residence Certificate - Andhra Pradesh MeeSeva 1296659 General Uttar Pradesh UP eServices Widow Pension 1288469 Postmatric Scholarship and Uttar Pradesh UP eServices Fee Reimbursement 1270908 Application Entry Surat Municipal Gujarat Property Tax Receipts - SMC 1269848 Corporation Karnataka KarnatakaServices Pre-Metric Scholarship 1246330 West Bengal e-District West Bengal Applications Received 1244826 Kerala Results Kerala SSLC/THSLC Results views 1187766 Publishing Post Graduate Engineering Andhra Pradesh eSeva Common Admissions Gate- 1185043 2013 Madhya MP Cooperative Banks No. of A/c Opened 1179106 Pradesh Gujarat gujarat Online Cr Temp.(RTO) 1167737 Filling of returns under all Himachal NIC HP Projects ACT of Excise and Taxation 1153722 Pradesh Department HP. Commercial tax Uttarakhand Department e-TripSheet 1141823 Uttarakhand Form-7 - Any Objection on Gujarat Election Gujarat 1138994 inclusion of names
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Andhra Pradesh MeeSeva Birth Certificate - CDMA 1112816 PDS Truck Dispatch Chhattisgarh PDS - Online 1111237 Information through SMS West Bengal Land Records WB RS - LR Plot Information 1098661 Mutation of Entries in Andhra Pradesh MeeSeva Revenue Records Pattadhar 1075336 passbook SMS - NAIS Intimation to Gujarat gujarat 1067462 Farmer Andhra Pradesh MeeSeva Know & Seed Your Aadhaar 1058452 Telangana Telangana eSeva Collection of Water Charges 1039172 Land Records - Total Gujarat gujarat 1036118 Mutation Initiated Temporary Permit Fee Andhra Pradesh eSeva 1017814 Payment Chhattisgarh State Online Payment Through Chhattisgarh Power Distribution 1014409 Authorised Agents Company Ltd.
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3 Annexure C – Transaction Estimates
Transaction Estimates based on GoK (Mobile One) KARNATAKA INDIA User Base Multiplier (M) Mobile Subscriber Base (as on 31st March 2015) 54786346 893314473 16.31 Total Services 121 As per table below (User Base Multiplier = Transactions Per Month Per Service/Qtr Mutliplier Used Per Service/Qtr Subscriber Base Pan India/ SMS 100000 2479 29752 Subscriber Base of Karnataka) USSD 0 0 0 IVRS 700000 17355 208264 12 GPRS 591546 14666 175997 Payment 10000 248 2975 Total 1401546 34749 416989
Assumptions No. of Services per Application 6
Year 1 Year 2 Year 3 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Total No. of new Application Enablements 5 10 15 20 15 20 20 15 20 20 20 20 Cummulative Applications Enabled 5 15 30 50 65 85 105 120 140 160 180 200 Services Delivered 0 30 90 180 300 390 510 630 720 840 960 1080 1200 SMS 0 892562 2677686 5355372 8925620 11603306 15173554 18743802 21421488 24991736 28561983 32132231 170479339 USSD 0 0 0 0 0 0 0 0 0 0 0 0 0 IVRS 0 6247934 18743802 37487603 62479339 81223140 106214876 131206612 149950413 174942149 199933884 224925620 1193355372 GPRS 0 5279915 15839744 31679488 52799147 68638891 89758550 110878209 126717953 147837612 168957271 190076930 1008463710 Payment 0 0 0 0 892562 1160331 1517355 1874380 2142149 2499174 2856198 3213223 16155372 Total Transactions 0 12420411 37261232 74522463 125096668 162625668 212664335 262703002 300232003 350270670 400309337 450348004 2388453792
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Published by:
National e–Governance Division 4th Floor, Electronics Niketan 6 CGO Complex, Lodhi Road New Delhi 110003
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