Request for Proposal (RFP) - Software Technology Parks of India

Transcription

Software Technology Parks of India
Request for Proposal for Computerization of STPI
Request for Proposal (RFP) for
Selection of System Integrator for Computerization of STPI
Tender No. STPIN/PUR/QUO/13-14/04 dated 13th July, 2013
Any use, dissemination, forwarding, printing, or copying of this confidential document without the prior permission of STPI is strictly prohibited.
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CONTENTS
SECTION 1: IMPORTANT DATES AND DATA SHEET ............................................................ 6
1.1. Important Dates ........................................................................................................... 6
1.2. Data Sheet ................................................................................................................... 6
SECTION 2: INTRODUCTION ................................................................................................... 9
2.1. About Software Technology Parks of India (STPI) ....................................................... 9
2.1.1. STPI - At a Glance ....................................................................................................... 9
2.1.2. Objectives and Functions of STPI ................................................................................ 9
2.2. Brief Scope of Work ................................................................................................... 10
2.3. Call for Tenders ......................................................................................................... 10
2.4. Definitions Used ......................................................................................................... 10
SECTION 3: BACKGROUND INFORMATION ........................................................................ 14
3.1. Project Background: ................................................................................................... 14
3.2. Solution Brief ............................................................................................................. 15
3.3. System Overview ....................................................................................................... 17
3.4. Solution Design Criteria: ............................................................................................ 21
3.5. Project Vision and Objectives..................................................................................... 22
3.6. Stakeholders .............................................................................................................. 23
SECTION 4: INSTRUCTIONS TO BIDDER(S)......................................................................... 24
4.1.
4.2.
4.3.
4.3.1.
4.3.2.
4.4.
4.4.1.
4.4.2.
4.4.3.
4.4.4.
4.5.
4.5.1.
4.5.2.
4.5.3.
4.5.4.
4.5.5.
4.6.
4.6.1.
4.6.2.
4.6.3.
4.7.
4.8.
4.9.
4.10.
General Instructions to Bidder(s) ................................................................................ 24
Compliant Proposals / Completeness of Response .................................................... 24
Pre-Bid Meeting and Clarifications ............................................................................. 25
Pre-Bid Conference ................................................................................................... 25
Responses to Pre-Bid Queries and Issue of Corrigendum ......................................... 26
Key Requirements of the Bid...................................................................................... 26
Right to termination .................................................................................................... 26
Procurement of Tender ............................................................................................. 27
Earnest Money Deposit .............................................................................................. 27
Submission of Proposal ............................................................................................. 28
Preparation & Submission of Proposal ....................................................................... 30
Proposal Preparation Cost ......................................................................................... 30
Language of Proposal ................................................................................................ 30
Currency .................................................................................................................... 30
Proposal Submission Venue ...................................................................................... 31
Late Bids .................................................................................................................... 31
Evaluation Process .................................................................................................... 31
Evaluation committee(s) ............................................................................................. 31
Bid Opening ............................................................................................................... 32
Proposal Evaluation ................................................................................................... 32
Corruption or Fraudulent Practices............................................................................. 33
Confidentiality ............................................................................................................ 34
Bid Validity ................................................................................................................. 34
Clarifications on Bid and Authorized Representative .................................................. 34
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4.11. Disqualification ........................................................................................................... 34
4.12. Modification, Substitution & Withdrawal of Proposal ................................................... 35
SECTION 5: PROPOSAL EVALUATION ................................................................................ 36
5.1. Pre-Qualification (PQ) Criteria.................................................................................... 36
5.2. Technical evaluation criteria ....................................................................................... 39
5.3. Financial Evaluation Criteria....................................................................................... 43
5.4. Confidentiality of Process ........................................................................................... 45
5.5. Corrections of Errors .................................................................................................. 45
SECTION 6: APPOINTMENT OF SYSTEM INTEGRATOR ..................................................... 46
6.1. Letter of Intent (LoI) ................................................................................................... 46
6.2. Award of Contract ...................................................................................................... 46
6.3. Performance Bank Guarantee.................................................................................... 46
SECTION 7: SCOPE OF WORK .............................................................................................. 48
7.1. Detailed Scope of Work ............................................................................................. 48
7.2. Design, Development and Deployment Phase ........................................................... 52
7.3. Data Digitization ......................................................................................................... 62
7.4. Data Migration............................................................................................................ 62
7.5. Business Intelligence and Data Warehousing ............................................................ 63
7.6. Provision of Hardware/ Software by Systems Integrator ............................................. 63
7.7. Disaster Recovery (DR) Site ...................................................................................... 64
7.8. Project Roll-out and Implementation Plan .................................................................. 64
7.9. Training ...................................................................................................................... 65
7.10. Operations & Maintenance Phase .............................................................................. 65
7.11. Compliance to General Specifications of the Solution ................................................ 67
7.12. Deliverables ............................................................................................................... 68
7.12.1. Solution/ Application Development Phase:...................................................................68
7.12.2. Operations and Maintenance (O&M) Phase.....................................................................69
SECTION 8: PROJECT TIMELINES AND MILESTONES ....................................................... 70
8.1. Project Timelines and Milestones ............................................................................... 70
SECTION 9: SERVICE LEVEL AGREEMENTS ...................................................................... 74
9.1. Service Level Agreements (SLAs).............................................................................. 74
9.2. Service Level Monitoring (SLM) ................................................................................. 75
SECTION 10: PAYMENT TERMS............................................................................................ 79
SECTION 11: GENERAL TERMS AND CONDITIONS OF CONTRACT ................................. 81
11.1.
11.2.
11.3.
11.4.
11.5.
11.6.
11.7.
Interpretation .............................................................................................................. 81
Communications ........................................................................................................ 81
Project Timeline ......................................................................................................... 81
Systems Integrator’s Roles and Responsibilities ........................................................ 82
Systems Integrator’s Personnel ................................................................................. 84
STPI’s roles and responsibilities ................................................................................ 85
Liquidated Damages .................................................................................................. 85
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11.8. Use of Contract Documents and Information .............................................................. 86
11.9. Taxes and Duties ....................................................................................................... 86
11.10. Intellectual Property Rights (IPR) ............................................................................... 87
11.11. Ownership and Title ................................................................................................... 87
11.12. Reverse Engineering.................................................................................................. 87
11.13. Confidentiality ............................................................................................................ 87
11.14. Copies ....................................................................................................................... 87
11.15. Software services and license agreements ................................................................ 88
11.16. Confidential information ............................................................................................. 88
11.17. Project Planning and Performance ............................................................................. 89
11.18. Product upgrades....................................................................................................... 90
11.19. Inspection and Testing ............................................................................................... 90
11.20. Commissioning and User Acceptance........................................................................ 90
11.21. Completion Time Guarantee ...................................................................................... 91
11.22. Care of IT products and/or services ........................................................................... 91
11.23. Defect liability ............................................................................................................. 91
11.24. Indemnity ................................................................................................................... 92
11.25. Limitation of Liability ................................................................................................... 92
11.26. Criminal Charges and Conviction ............................................................................... 93
11.27. Litigation .................................................................................................................... 93
11.28. Loss of or Damage to Property; Accident or Injury to Workers ................................... 93
11.29. Insurance ................................................................................................................... 94
11.30. Unforeseen Conditions............................................................................................... 94
11.31. Force majeure ............................................................................................................ 94
11.32. Extension of time for completion ................................................................................ 96
11.33. Suspension ................................................................................................................ 97
11.34. Termination ................................................................................................................ 97
11.35. Effects of Termination ................................................................................................ 99
11.36. Change Orders/Alterations/Variation .......................................................................... 99
i.
Change Order .......................................................................................................... 100
ii.
Procedures For Change Order ................................................................................. 101
iii.
Conditions for Extra Work/Change Order ................................................................. 103
11.37. Exit management ..................................................................................................... 104
11.38. Arbitration ................................................................................................................ 109
11.39. Jurisdiction ............................................................................................................... 110
SECTION 12: ANNEXURE (FORMS AND FORMATS) ......................................................... 111
12.1. Covering Letter – Tender Document (Format) .......................................................... 111
12.2. Bid Check-List .......................................................................................................... 114
12.3. Earnest Money Deposit – Forwarding Letter ............................................................ 116
12.4. Pre-Qualification Document Check-List .................................................................... 118
12.5. Bidder Details .......................................................................................................... 122
12.6. Covering Letter – Technical Bid (Format) ................................................................. 124
12.7. Approach and Methodology ..................................................................................... 126
12.8. Team Composition and Task Assignments .............................................................. 127
12.9. Format Curriculum Vitae (CV) for Proposed Professional Staff ................................ 128
12.10. Format for Experience Details .................................................................................. 130
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12.11. Work Plan ................................................................................................................ 131
12.12. Resource Deployment Plan...................................................................................... 132
12.13. Covering Letter – Financial Bid (Format) .................................................................. 133
12.14. Format for Financial Quotations ............................................................................... 134
12.15. Format for filling Litigation Details ............................................................................ 136
12.16. Format for Performance Bank Guarantee ................................................................ 137
12.17. Format for Indemnity Bond ....................................................................................... 141
12.18. Non Disclosure Agreement ...................................................................................... 143
12.19. Detailed Bill of Material ............................................................................................ 146
12.20. Draft Agreement....................................................................................................... 147
12.21. Bank Guarantee for Earnest Money Deposit ............................................................ 150
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SECTION 1: IMPORTANT DATES AND DATA SHEET
1.1. Important Dates
Date of Publication
13th July 2013
Sale of tender document – Start Date
13th July 2013
Sale of tender document – End Date
12th August 2013 till 17:00 HRS
Last date for submission of written queries for
clarifications on tender document
20th July 2013 till 17:00 HRS
Pre-bid meeting
22th July 2013 at 14:30 HRS
Last date for submission of Proposal
13th August 2013 till 15:00 HRS
Bid Opening (pre-qualification)
13th August 2013 at 15:30 HRS
1.2. Data Sheet
S. No
1.
Clause Reference
Evaluation
Criteria
(Section-5.3)
Details
The method of selection of System Integrator is one which
qualify
as
per
the
pre-qualification
and
technical
qualification criteria and has Lowest Commercial Quotes
(L1)
2.
Procurement
Tender
4.4.2)
of
(Section-
Tender and Functional Requirement Document (FRD) can
be collected from the following address:
The Director,
Software Technology Parks of India,
Ganga Software Technology Complex,
Sector – 29, Noida - 201303
Tel: +91- 120-2470502
E-mail: [email protected]
by paying the document fee of Rs. 12,000/- (Indian
Rupees Twelve Thousand Only) through Demand Draft/
Banker’s Cheque drawn in favor of “Software Technology
Page 6
S. No
Clause Reference
Details
Parks of India”, payable at Noida, from any Nationalized/
Scheduled Bank.
The Tender Document can also be downloaded from
website
www.stpi.in,
www.noida.stpi.in
and
www.eprocure.gov.in. Interested bidders may obtain the
Functional Requirement Document (FRD) on date and
address as mentioned above on submission of the
document fee.
The interested Bidders who have paid the document fee
as part of the previous Tender i.e. STPIN/PUR/QUO/1213/07 dated 01.02.2013 are not required to pay the
document fee again. They would be required to attach the
proof of previous payment along with the bid.
3.
Earnest
Money Earnest Money Deposit of amount of INR 30,00,000/- (INR
Deposit
(Section- Thirty Lakh only) in the form of Bank Guarantee from a
4.4.3)
Nationalised / Scheduled Bank as per Annexure XXI
(Section 12.21)
4.
5.
Project
Timelines
The total duration of the assignment is 45 calendar weeks
and
milestone
for Rollout of the IT solution and 5 years of Operations and
(Section-8)
Maintenance of the Application.
Pre-Bid Conference
A pre-bid meeting will be held on above mentioned date at
(Section-4.3)
STPI, NOIDA. The name address and telephone number
of the nodal officer is:
The Director,
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S. No
Clause Reference
Details
Tel: +91- 120-2470502
All the Tender related queries should be received by STPI
on or before dates as mentioned above in Section 1.1
through post or email.
6.
Language
proposal
of
Proposals should be submitted in English language
(Section-
4.5.2)
7.
8.
9.
Validity
of
Bid
Proposals must remain valid for 180 days after the
(Section-4.9)
submission date.
Proposal Submission
Proposals must be submitted no later than date and time
(Section-4.4.4)
as mentioned above in Section 1.1
Number of copies of Two hard copies (one original and one copy) each of Preproposal
(Section- qualification and Technical proposals.
4.4.4 )
One soft copy each of Pre-qualification and Technical
proposal on separate non-editable CD.
10.
Proposal Submission
Address
4.4.4)
(Section-
The proposal submission address is:
The Director,
Tel: +91- 120-2470502
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SECTION 2: INTRODUCTION
2.1. About Software Technology Parks of India (STPI)
2.1.1. STPI - At a Glance
India has earned itself a reputation of an IT superpower. Software Technology Parks of
India has played a seminal role in accomplishing this status. Today, STPIs across over the
country are synonymous with excellent Infrastructure and Statutory support.
Software Technology Parks of India (STPI) was established on June 5, 1991. It was
registered as an autonomous society under Societies Registration Act, 1860. Having its
headquarter in New Delhi, STPI has 53 centres including 9 Directorates across the country.
Out of these 53 centres, 45 centres are in Tier II and Tier III cities.
STPI maintains internal engineering resources to provide consulting, training and
implementation services. Services cover Network Design, System Integration, Installation
and Maintenance of application networks and facilities in varied areas. STPI also adheres
to ISO 9001:2008 standards.
2.1.2. Objectives and Functions of STPI
The objectives of the Software Technology Parks of India are:
i. To promote the development and export of software and software services including
Information Technology (IT) enabled services/ Bio- IT.
ii. To provide statutory and other promotional services to the exporters by implementing
Software Technology Park (STP)/ Electronics Hardware Technology Park (EHTP)
schemes and other such schemes which may be formulated and entrusted by the
Government from time to time.
iii. To provide Data Communication services including Value Added services to IT/IT
enabled services (ITES) related industries.
iv. To promote micro, small and medium entrepreneurs by creating conducive environment
for entrepreneurship in the field of IT/ITES.
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2.2. Brief Scope of Work
This project would include development of a centralized and automated solution to facilitate
the delivery of all internal and external activities of Software Technology Parks of India
(STPI) and its various stakeholders. The application aims to support the STPI system and
processes. This project is envisaged to strengthen the STPI system to ensure adequate
and timely delivery/execution of all users related services as well as internal services.
2.3. Call for Tenders
STPI invites sealed bids from eligible, reputed, qualified Indian IT firms with sound technical
and financial capabilities for “Selection of System Integrator for Computerization of
STPI”. Submission of bids shall be done after careful study and examination of the Tender
document with full understanding of the project scope and its implications.
The eligible Bidder should possess a valid CMM Level 5 certificates, positive net worth with
an Annual Turnover of INR 150 Crore during each last three financial years i.e. F.Y. 200910, 2010-11 and 2011-12, of which INR 50 Crore should be from Software/Application
development from operation from Indian client in India. Bidder shall also have similar
experience that is in automation of the entire organization covering all the process and
functions of its branches and sub-branches in the field of IT System Integration Projects
including Implementation / Operations for Indian client in India. Along with the above,
bidders must also have experience of developing software applications and deployment at
a Data Centre.
Proposals must be received not later than time, date and venue mentioned in the Data
Sheet. Proposals that are received late WILL NOT be considered in this procurement
process.
STPI may ask the System Integrator to continue the project after 5 years (extension of
O&M), if deemed fit by the STPI and mutually agreed by both the parties. The extension will
be on annual basis for upto 5 years on same terms and conditions.
2.4. Definitions Used
i.
STPI - Software Technology Parks of India
ii.
MCIT - Ministry of Communications and Information Technology
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iii.
DeitY - Department of Electronics and Information Technology
iv.
GoI - Government of India
v.
“The Solution/ Application” means all the software and services, and/or other
associated items, which the Bidder is required to supply to STPI as per the Tender.
vi.
“ Successful bidder/System Integrator (SI)”, SI means the Bidder whose proposal
comes out successfully after the complete evaluation process and is awarded the
Contract.
vii.
“STPI Portal” means the front-end for all user facing activities from service requests,
utility payments to online interaction with concerned department officials
viii.
“Authorized Representative” shall mean any person authorized by either of the
parties.
ix.
“Bidder / System Integrator / Contractor” means any firm offering the solution(s),
service(s) and /or materials as required in the Tender. The word Bidder/ System
Integrator when used in the pre-award period shall be synonymous with parties bidding
for this Tender, and when used after award of the Contract shall mean the successful
party with whom the STPI signs the agreement for rendering of services for
implementation of this project.
x.
“Letter of Intent” means the letter issued by the purchaser conveying the intent to
accept the bid, subject to depositing of Performance Bank Guarantee.
xi.
“Default Notice” shall mean the written notice of Default of the Agreement issued by
one Party to the other in terms hereof.
xii.
“Law” shall mean any Act, notification, bylaws, rules and regulations, directive,
ordinance, order or instruction having the force of law enacted or issued by the Central
Government and/ or any other Government or regulatory authority or political
subdivision of government agency.
xiii.
“Party” means the STPI or Bidder, individually and “Parties” mean the STPI and Bidder,
collectively.
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xiv.
“Proposal / Bid” means the Technical and Financial Proposals all together, i.e.,
complete proposal for the Project “Selection of System Integrator for Computerization of
STPI” across all the Centres and Sub-Centres of STPI.
xv.
“Request for Proposal (RFP)” means this document and its annexure etc., seeking a
set of solution(s), services(s), materials and/or any combination of them.
xvi.
“Requirements” shall mean and include schedules, details, description, statement of
technical data, performance characteristics and standards (Indian & International) as
applicable and specified in the Tender.
xvii.
“Termination Notice” means the written notice of termination of the Agreement issued
by one Party to the other in terms hereof.
xviii.
“The Letter of Award of Work” means the signed order placed by the Purchaser on
the Successful Bidder including all attachments and appendices thereto and all
documents incorporated by reference therein. The terms and conditions of the Letter of
Award of Work shall be part and parcel of the terms and conditions mentioned in the
agreement which shall be signed between STPI and the successful bidder.
xix.
“The Contract Price” means the price payable to the Successful Bidder under the
Letter of Award of Work for satisfactory performance of the Project “Selection of System
Integrator for Computerization of STPI”. The deductions on account of penalties if any
imposed on the System Integrator shall be deducted before release of payments as per
schedule of payments.
xx.
“User Acceptance Test” is a process of testing the software designed, developed and
implemented by the Bidder as per the requirements laid out in the FRD. The test
procedures would lead to formal 'acceptance' of new or changed systems. User
Acceptance Testing is a critical phase for the project and requires significant
participation by the 'End Users'. (To be of real use, an Acceptance Test Plan should be
developed in order to plan precisely, and in detail, the means by which 'Acceptance' will
be achieved. The final part of the UAT can also include a parallel run to prove the
system against the current system).
xxi.
“Service Level Agreement (SLA)” shall mean the agreements as defined in Section-9
.
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xxii.
“Agreement” means the Agreement to be signed between the successful bidder and
the STPI, including all attachments, appendices, all documents incorporated by
reference together with any subsequent modifications, the Tender, the bid offer, the
acceptance and all related correspondences, clarifications, presentations.
xxiii.
“Transaction” shall mean end-to-end activity (a complete process)
xxiv.
All India rollout of the project means commissioning of the application at all the STPI
locations including training and technical support / helpdesk as per the scope.
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SECTION 3: BACKGROUND INFORMATION
3.1. Project Background:
The current operating environment at all the Directorates:
a. Existing Applications
Currently, STPI has a wide range of user oriented and internal services. Most of these
services are manual and involve a lot of paper work. In the current scenario, STPI HQ and
Centres have individual websites (primarily for information sharing purposes). These
websites have downloadable forms for various activities related to the STPI. In case of
support functions such as HR and Administration Group, Finance, Accounts and Billing
Group applications do exist though with limited integration at various centres of STPI.
Various applications have been developed by STPI to meet the requirements of
departments. Currently these applications function independently. All modules are required
to be developed in a new platform by System Integrator. A list of the few existing
applications is given below:
i. HRMS Application - This application is used by HR and Administration department
for completing various HR activities.
ii. EXIM – This software application is used at certain centres and sub centres for
processing of applications received by the Statutory Services Group. This application
acts as a database and has no an internal check or workflow management embedded in
it.
iii. Tally – This application is used for the Payroll, Job Costing, POS Invoicing.
iv. Email Application (Existing email application will be retained by STPI)
b. Existing Hardware and Network at STPI
STPI is also into DataCom services and is also a Class-A ISP to facilitate the IT needs of
industries/ institutions/ Government Organizations. At present STPI has a sizeable
infrastructure in terms of Desktops/ Laptops at all STPI Centres and Sub-Centres. All the
designated officials and the users are having either the Laptop / Desktop at the STPI offices
all across the country.
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c. Existing Users* (Internal and External) at STPI
i. About 6,000 External Users
ii. About 600 Internal Users
We estimate maximum concurrent users (Internal) as 50%. However, bidders are expected
to size based on their experience and keeping in view the various SLA parameters.
[*This is an indicative number and the actual number may vary]
3.2. Solution Brief
System – Salient Features: This section highlights the salient features of the proposed
solution for the computerization of STPI. The key components of solution architecture are
as follows:
a. STPI Front Office Portal and Application
b. STPI Back Office Portal and Application
c.. Service Delivery Gateway
d. IT Infrastructure
a. STPI Front Office Portal and Application
The Front Office (FO) portal will be the user interface and delivery channel for providing
access to STPI services to the users/employees of STPI. The transactions initiated by
users and employees of STPI are routed to the Back Office system through a secured and
reliable messaging infrastructure i.e. Service Delivery Gateway (SDG).
STPI front office Portal is envisaged to act as the primary interface for access to all STPI
activities (external and internal) and initiatives and services across various departments. It
will enable consolidation of all electronic forms for services by various STPI departments.
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E-forms will allow online submission and receipt of applications for delivery of various
services. An STPI user will be able to download the form via internet through personal
computer and submit his/her application electronically. STPI estimates approx. 3 lakh eform transactions per quarter.
b. STPI Back Office Portal and Applications
Back Office (BO) System provides the user interface to the BO users (STPI employees),
processing the transactions submitted through the service delivery channels. The services
and the e-forms submitted to Front Office get routed through SDG to the Back Office where
they are processed by STPI employees. Direct access to Back Office system is restricted to
only SDG and all service delivery channels for STPI services.
c. Service Delivery Gateway
The Service Delivery Gateway is a critical element of the System Architecture, which
provides secured and reliable message routing between STPI services delivery channels
(e.g. Front Office portal) and the Back Office system. It is a secure conduit to carry out
transactions between the users coming through the various service delivery channels, and
the back offices of the STPI. The Gateway itself does not deliver any user services, or host
e-Forms/ user related data. It only routes messages to and from the service delivery
channels and service provider (Back Office System) in a secured and reliable manner. It is
also the only channel for accessing the Back Office system.
d. IT Infrastructure
The IT infrastructure in the form of Internet Connectivity would be provided by STPI. All
other infrastructure necessary for solution development, UAT and roll-out would be
arranged and managed by the Systems Integrator. The System Integrator would provide
brand new “enterprise class” hardware (from an application point of view) to make the
solution “Go-Live”. The acceptance of the infrastructure lies solely with STPI. The Hardware
provided by the System Integrator would be OEM supported and would be Application/
Platform Independent.
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3.3. System Overview
The system overview highlights the solution architecture* for the application for
computerization of STPI is provided below:
[ * This is a “Generic” Architecture]
The architecture has the following key domains:
a.
Users
b.
Access Channels
c.
Application Components
i. Gateways
ii. Presentation Layer
iii. Business Services Layer
iv. Data Warehousing and Business Intelligence
v. Security Layer
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a. Users
Various stakeholders i.e. STPI officials, Customers, etc would be able to interact with the
proposed technology solution. The user interface should be Graphical User Interface.
b. Access channels
Access channels are the means through which STPI related information and services
related will be available to the users in secured form. These include:
Internet: Users and business users would be able to access the non-restricted areas of
the application directly over secured channel.
Intranet: Users of various STPI centres/ sub-centres would be able access the
application through a secured channel.
c. Application components
i. Gateways
The application would employ the following gateways:
Web Gateway: A web gateway allows exchange of HTTP messages with other
computer systems. The solution would utilize a web gateway to allow users to
access the Browser-Based-Application.
XML Gateway: An XML gateway allows exchange of XML messages with other
computer systems. The application would utilize an XML gateway to route XML
messages to/ from external applications.
SMTP Gateway: An SMTP gateway provides the capability to send emails to
Internet-type email addresses. The application would utilize an SMTP gateway to
send emails to various stakeholders in order to update them on the status of their
requests.
ii. Presentation Layer
The key components of the presentation layer include:
Content Management: The application would serve as a platform for delivery of
official centre-specific information to various stakeholders. The application would
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employ content management processes to ensure that the content delivered through
the application adheres to the uniform standards across the application.
Personalization: The application would provide users with a customized and
personalized front-end. It shall allow users to view the information & services based
on the user category and user preferences (color, presentation theme) providing the
user with a better quality and richer experience.
Cache Management: Web caches would be maintained on the web servers to store
previous responses. Web caches reduce the amount of information that needs to be
transmitted across the network, as information previously stored in the cache can
often be re-used, especially in the case of large files like images. This reduces
bandwidth and processing requirements of the web server, and helps to improve
responsiveness for users of the web.
iii. Business Services Layer
The application would offer the following services:
•
Application Services
•
Incubation Services
•
Statutory Services
•
Project Consultancy and Management
•
HRMS
•
Finance, Accounting and Billing
•
Quality Management
•
Others. (For further details refer the FRD Document)
The following table highlights some of the modules with departmental mapping:
Module
Department
Unit Management System
EXIM Group
DataCom Management System
Operations Group and Business Solutions
Group
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Module
Department
HR and Administration Management System
HR and Administration Group
Financial Management System
Finance, Accounts and Billing Group
Incubation Management System
Incubation Group
Quality Management System
Quality Group
Project Management System
Project
Management
and
Consultancy
Group
Procurement Management System
Purchase Group
iv. Data Warehousing and Business Intelligence:
The scope shall also include a Business Intelligence platform that will provide a dashboard
for monitoring and measuring business metrics. The solution shall have the capability to
generate customized MIS reports at various levels.
The proposed DW/BI solution should provide a centralized repository for STPI services and
in-house data. It is expected to serve as an MIS repository for STPI. In addition other
external stakeholders within Government and other external stakeholders increasingly
require complex analytical data inputs. Such requirements can be fulfilled through the
DW/BI solution without stressing the operational systems that is likely to impacting their
performance.
The expected outcomes from the DW/BI solution would be as under:

Generation of Standard Reports, Ad-Hoc Report, Customized & Exception Report
etc.

Facilitate Data Analysis

Dashboard for the Senior Management

Advanced Search Features

Optimised Response Time
Page 20
The DW/BI solution should have the minimum features:

ETL Functionality

User Friendly GUI for ease of use

Re-usability of Components

Capable of Deployment in Real Time and Batch Data Integration Requirements

Metadata Management
v. Security layer
The application would have a centralized security management foundation that would
enable delivery of application and data to internal users and external users in a secure
manner. Users would be required to login using a username and password to access the
application. Access to only those application resources would be provided that the user has
authority to.
STPI would have strategic control on the application and would control actions and access
to resources of all users including privileged users such as application/database
administrators. A host based security solution allowing policy-based control would be
deployed for the same. The solution would intercept security-sensitive events in real-time
and would evaluate their validity before passing control to the operating system. The
solution would enable administrators to only have subsets of ‘root’/’super user’ authority
and would thus prevent risk of information/data being misused by the administrators.
It is expected that all the data shall be encrypted using standard 128-bit SSL standards
while transmitting over the internet. Besides this, passwords and other identified
confidential information may be store in the database using encryption algorithms.
3.4. Solution Design Criteria:
The System Integrator would be required to design solution to meet the following design
criteria:
i.
Scalability: All components of the system must support scalability to provide
continuous growth to meet the requirements and demand of the STPI
environment.
Page 21
ii.
Availability: All the components of the system should have adequate
redundancy to ensure high availability of the infrastructure and the application.
iii.
Inter-operability: The entire system/subsystem should be interoperable, in
order to support information flow and integration with heterogeneous
applications on various platforms across various stakeholders. The application
should
support
open
standards
and
should
be
interoperable
with
heterogeneous technologies.
iv.
Service Oriented: Service Oriented Architecture (SOA) helps ensure that a
group of services are able to talk to each other. These services include
Statutory Service Group, DataCom Group, Project Consultancy Group, HR and
Administration
Group,
Finance,
Accounts
and
Billing
Group,
Quality
Management Group, Incubation Group and Purchase Group.
v.
Performance: The system should be designed to ensure high performance
and compliant to the defined service levels.
vi.
Manageability: The application should provide an efficient way to deploy,
configure, upgrade and monitor various STPI specific components and
services.
vii.
Functionality: The application should provide a user-friendly interface.
3.5. Project Vision and Objectives
The proposed system will enhance the efficiency, effectiveness and transparency in the
overall functionality of STPI. The vision of the proposed system includes the following:
i.
Delivery of all STPI services in an integrated manner.
ii.
Increase the use of electronic forms and workflow in parallel with the current
paper based processes for faster and better service.
iii.
Sharing of data/ information.
iv.
Provision for a common IT infrastructure through consolidation, centralization
and standardization.
v.
Develop the policies and procedures for secure and appropriate access to
STPI information by various constituents (e.g., users, other agencies).
Page 22
vi.
Move toward electronic collection and distribution of data and information.
vii.
Establish a single entry point for multiple services both within and between
departments / agencies.
viii.
Automate the back-office applications (e.g., accounting, personnel, payroll, and
procurement etc) used by most departments.
ix.
Increase data consolidation and analysis of department / agency information
for efficient operations (e.g., performance measures, policy enhancement).
x.
Training of users and technical staff to keep up with changes in technology
and systems, and to promote more effective use of technology resources.
xi.
Provide status reporting, status inquiry and acceptance of payment and
various MIS reports as required by the STPI and other stakeholders.
xii.
Compliance with the Electronic Services Delivery Bill: Refer to Web-Link:
http://www.mit.gov.in/sites/upload_files/dit/files/ElectronicsServicesDeliveryBill
2011_14711.pdf for further details)
3.6. Stakeholders
The primary stakeholders of this project include:
i. Software Technology Parks of India, An Autonomous Society of DeitY, MCIT, GoI.
ii. Ministry of Communications and Information Technology, GoI (allocation of
Business Rules Pertaining to Department of Electronics and Information
Technology - DeitY).
iii. Department of Electronics and Information Technology (DeitY), GoI.
iv. Other Agencies such as Industry, Academia and Government organizations.
v. Customers/ Applicants
Page 23
SECTION 4: INSTRUCTIONS TO BIDDER(S)
4.1. General Instructions to Bidder(s)
i.
While every effort has been made to provide comprehensive and accurate background
information and requirements and specifications, Bidders must form their own
conclusions about the solution needed to meet the requirements. Bidders and recipients
of this Tender may wish to consult their own legal advisers in relation to this Tender.
ii.
All information supplied by Bidders may be treated as contractually binding on the
Bidders, on successful award of the assignment by the STPI on the basis of this Tender.
iii.
No commitment of any kind, contractual or otherwise shall exist unless and until a formal
written contract has been executed by or on behalf of the STPI. Any notification of
preferred bidder status by the STPI shall not give rise to any enforceable rights by the
Bidder. The STPI may cancel this public procurement at any time prior to a formal
written contract being executed by or on behalf of the STPI.
iv.
This Tender supersedes and replaces any previous public documentation &
communications, and Bidders should place no reliance on such communications.
v.
Software Technology Parks of India (STPI), reserves the right to postpone or cancel a
scheduled Tender opening at any time.
vi.
The Tender would be led only by the bidder to whom this Tender has been issued and
cannot be transferred to any other entity.
vii.
Each bidder shall submit only one Proposal. The bidder who submits or participates in
more than one Proposal will be disqualified.
viii.
A power of attorney in the name of the person/ representative signing the bid shall be
submitted with the Pre-qualification Bid.
ix.
The STPI reserves the right to carry out the Capability Assessment of interested
bidder(s) and the decision of the STPI shall be final in this regard.
4.2. Compliant Proposals / Completeness of Response
a. Bidders are advised to study all instructions, forms, terms, requirements and other
information in the Tender documents carefully. Submission of the bid shall be
Page 24
deemed to have been done after careful study and examination of the Tender
document with full understanding of its implications.
b. Failure to comply with the requirements of this paragraph may render the Proposal
non-compliant and the Proposal may be rejected. Bidders must:
a. Include all documentation specified in this Tender.
b. Follow the formats of this Tender and respond to each element in the order as
set out in the Tender.
c. Comply with all requirements as set out within this Tender.
4.3. Pre-Bid Meeting and Clarifications
4.3.1. Pre-Bid Conference
a. STPI shall organize a Pre-Bid Conference on the date and time as mentioned in
Section 1.1 at Software Technology Parks of India, Ganga Software Technology
Complex, Sector – 29, Noida - 201303.
b. The prospective bidders shall submit their bid queries in writing to STPI. All the
queries should be received at STPI latest by date as mentioned in Section-1.1
through post or email (refer Data Sheet for address and email) only in the format as
specified below.
BIDDER’S REQUEST FOR CLARIFICATION
Name and Address of the
Organization submitting request
Name and Position of Person
submitting request
Contact Details of the
Organization / Authorized
Representative
Tel:
Fax:
Email:
S. No
Tender Reference(s)
(Section, Page)
Content of Tender requiring
clarification
Points of clarification required
1.
2.
Page 25
4.3.2. Responses to Pre-Bid Queries and Issue of Corrigendum
i.
The STPI will endeavor to provide timely response to all queries. However, STPI
makes no representation or warranty as to the completeness or accuracy of any
response made in good faith, nor does STPI undertake to answer all the queries that
have been posed by the bidders.
ii.
Queries received late may or may not be addressed during Pre-Bid Conference.
Responses to relevant queries will be uploaded (in the form of corrigendum to the
Tender
document)
on
the
website
(www.stpi.in,
www.noida.stpi.in
and
www.eprocure.gov.in). No agency would be intimated individually about the
response of STPI. It is advisable for bidders to attend the pre-bid meeting.
iii.
The STPI may incorporate any changes in the Tender based on acceptable
suggestions received during the Pre-Bid Conference. The decision of STPI regarding
acceptability of any suggestion shall be final in this regard and shall not be called
upon to question under any circumstances.
iv.
At any time prior to the last date for receipt of bids, STPI may, for any reason,
whether at its own initiative or in response to a clarification requested by a
prospective Bidder, modify the Tender Document by a corrigendum.
v.
The Corrigendum (if any) & responses / clarifications against the queries from
bidders
will
be
communicated
only
through
website
i.e.
www.stpi.in,
www.noida.stpi.in and www.eprocure.gov.in
vi.
Any such corrigendum shall be deemed to be incorporated into this Tender.
vii.
In order to provide prospective Bidders reasonable time for taking the corrigendum
into account, STPI may, at its discretion, extend the last date for the receipt of
Proposals.
4.4. Key Requirements of the Bid
4.4.1. Right to Termination
Notwithstanding anything contained in this document, means Software Technology Parks of
India (STPI) reserves the right to cancel the bid process without assigning any reason whatso-ever, at any time prior to signing the contract and the STPI will have no liability for
Page 26
above-mentioned actions. The STPI also reserves the right to accept or reject any
proposal(s).
4.4.2. Procurement of Tender
The bidders are required to purchase the Tender from the following address only:
The Director,
Tel: +91- 120-2470502
The Tender document will be available for sale on all working days with in the dates as
mentioned in Section 1.1, during office hours, by depositing Demand Draft/ Banker’s
Cheque of Rs. 12,000/- (Indian Rupees Twelve Thousand Only), drawn in favor of
“Software Technology Parks of India”, payable at Noida, on any nationalized/ scheduled
bank. The Tender Document Fee is non-refundable and non-transferable. Kindly note that
the Tender document would not be available at any other STPI Centre.
Notice Inviting Tender/ Tender Document (along with details on Corrigendum, if any) would
be made available for downloading at STPI Website www.stpi.in, www.noida.stpi.in and
www.eprocure.gov.in.
The interested Bidders who have paid the document fee as part of the previous Tender i.e.
STPIN/PUR/QUO/12-13/07 dated 01.02.2013 are not required to pay the document fee
again. They would be required to attach the proof of previous payment along with the bid.
4.4.3. Earnest Money Deposit
The Bidder shall furnish, as part of its bid, a refundable EMD of INR 30, 00,000/- (Indian
Rupees Thirty Lakh only) in the form of a Bank Guarantee from a Nationalised /
Scheduled Bank, as per Section-12.21 Annexure XXI.
The bid will be disqualified if the EMD or tender fee is not submitted by the bidder.
Unsuccessful bidder’s EMD will be released as promptly as possible, but not later than 45
days after the award of the contract to the successful bidder. The successful bidder’s EMD
Page 27
will be released after signing the Contract and deposit of PBG. No interest will be payable
by the STPI on the amount of the EMD. The EMD may be forfeited in following cases:
a. If a bidder withdraws his bid or increases his quoted prices during the period of bid
validity or its extended period, if any; or
b. In the case of a successful bidder, if it fails within the specified time limit to:
i.
Sign the Agreement or,
ii.
Furnish the required Performance Bank Guarantee.
4.4.4. Submission of Proposal
a. The bidder is required to submit their proposals as per the formats in Section-12 of the
Tender.
b. All the pages of the pre-qualification documents, technical bid and the commercial bid
should be numbered and signed and must bear company seal.
c. The Bidder would submit the following along with their proposals:
(1) Bid Submission Covering Letter (as per Annexure-I)
(2) Bid Check-List (as per Annexure-II)
(3) Earnest Money Deposit (EMD) Fee of INR 30,00,000/- (Indian Rupees Thirty Lakh
Only) from Nationalized / Scheduled Bank would be submitted in the form of Bank
Guarantee as per Section-12.21 Annexure XXI along with EMD Forwarding Letter
(as per Annexure-III)
(4) Technical Bid Covering Letter (as per Annexure-VI)
(5) Financial Bid Covering Letter (as per Annexure-XIII)
d. The bid shall be submitted in sealed envelopes as stated below:
i.
Envelope 1: Superscripted as “Envelope 1 – EMD in the form of Bank
Guarantee, Document fee submission proof and Pre-Qualification Proposal
for Selection of System Integrator for Computerization of STPI” at the top
left corner, containing the following:
1) EMD (In form of Bank Guarantee as per Section-12.21 Annexure XXI);
Page 28
2) Proof of Submission of Document Fee
3) Pre-Qualification Proposal. (two Hardcopies - one original, one copy and one
CD)
4) The Envelope would also contain Annexure-I to Annexure-V of Section-12.
The Envelope would be duly sealed and stamped with a company seal.
ii.
Envelope 2: Superscripted as “Envelope 2 – Technical Proposal for
Selection of System Integrator for Computerization of STPI” at the top left
corner, containing the Technical Proposal (2 Hardcopies- one original, one
copy and one CD). The Envelope would also contain Annexure-VI to
Annexure-XII of Section-12. The Envelope would be duly sealed and stamped
with a company seal.
iii.
Envelope 3: Superscripted as “Envelope 3 – Financial Proposal for
Selection of System Integrator for Computerization of STPI” at the top left
corner, containing the Financial Proposal. The Envelope would also contain
Annexure-XIII, Annexure-XIV and Annexure-XIX of Section-12. The Envelope
should be duly sealed and stamped with a company seal.
iv.
Envelope 4: Superscripted as “ Tender for Selection of System Integrator for
Computerization of STPI”. Envelopes 1, 2 and 3 should be placed in this
envelope and this envelope would be duly sealed and stamped with a company
seal and would be addressed to:
The Director,
Ganga Software Technology Complex
Sector – 29, Noida – 201303
Uttar Pradesh
e.
The outer envelope shall be clearly marked in Bold Letters – “DO NOT OPEN
BEFORE 15:30 Hrs, 13th August 2013”.
f.
STPI shall not be responsible for misplacement, losing or premature opening of the
outer envelope or any of the 3 (three) inner envelopes.
Page 29
g.
All the envelopes shall be sealed properly and stamped with a company seal and
shall bear the name of company, complete address. Stapled or temporarily sealed
envelopes shall be considered as a case for Rejection of Proposal.
h.
The Technical Proposal shall contain all the Formats as prescribed in Section-12:
Annexure-VI to Annexure-XII of this Tender, duly filled in each page along with all
attachments/ schedules duly completed and duly signed by the authorized signatory
of the bidder.
i.
The Financial proposal shall contain all the Formats as prescribed in Section-12:
Annexure-XIII, Annexure-XIV and Annexure-XIX of this Tender, duly filled on each
page along with all attachments/ schedules duly completed and duly signed by the
authorized signatory of the bidder.
j.
If the proposal is not submitted in the format as prescribed in Section-12 of this
Tender, the bid shall be considered as a case for rejection.
4.5. Preparation & Submission of Proposal
4.5.1. Proposal Preparation Cost
The bidder shall bear all costs associated with the preparation and submission of its
Proposal and STPI will in no case be responsible or liable for those costs, regardless of the
conduct or outcome of the proposal process.
4.5.2. Language of Proposal
The Proposal, and all correspondence and documents related to the Proposal exchanged
by the bidder and the STPI should be in English. Supporting documents and printed
literature furnished by the bidder may be in any language other than English provided they
are accompanied by an accurate translation of the relevant passages in English language.
Supporting material, which is not translated in English, will not be considered for evaluation.
For the purpose of evaluation and interpretation of the proposal, the English language
translation shall prevail.
4.5.3. Currency
The currency for the Proposal offer and the payments shall be in Indian Rupees (INR).
Page 30
4.5.4. Proposal Submission Venue
Proposals must be submitted no later than date and time as mentioned in Section 1.1 at the
following address:
The Director,
Tel: +91- 120-2470502
4.5.5. Late Bids
Any Bids received by STPI, after the deadline for submission of Bids prescribed in Tender
will be summarily rejected and will be returned unopened to the Bidder.
4.6. Evaluation Process
4.6.1. Evaluation Committee(s)
The Evaluation Committee(s) constituted by the STPI shall evaluate the technical and
financial proposals. The Committee(s) may choose to conduct discussion with bidders as
per procedures of Government of India. The decisions of the Evaluation Committee(s) in
the evaluation of Technical and Financial bids shall be final. No correspondence will be
entertained outside the process of discussion with the Committee(s). However, STPI
reserves the right to modify the evaluation process at any time during the Tender process,
without assigning any reason, whatsoever and without any requirement of intimating the
bidders of any such change. STPI reserves the right to accept any bid and to annul the
Tender process and reject all bids at any time prior to award of Contract, without thereby
incurring any liability to the affected bidders or any obligation to inform the affected bidders
of the grounds for STPI’s action.
The Proposal will be first evaluated on the Pre-Qualification Criteria. After clearing the PreQualification Criteria, the bidder(s) will be eligible for Technical Evaluation. A minimum of
80 marks have to be scored out of a total of 100 marks in Technical Evaluation in
order to qualify for the Financial Evaluation. In the financial evaluation, the bidder with
the lowest quote will be awarded the project.
Page 31
4.6.2. Bid Opening
The Evaluation Committee or its authorized representative will open the proposals.
Sequence of opening shall be as follows:
a. On Bid opening date as mentioned in Section-1.1 the main sealed envelope i.e.
Envelope-4, superscripted as “ Tender for Selection of System Integrator for
Computerization of STPI” will be opened. Further, Envelope-1 containing Earnest
Money Deposit (EMD), Document fee, submission proof and Pre-qualification Bid, etc
will be opened
b. Technical Bid of qualified bidder.
c. Financial Bid of the Technically Qualified Bidder after completion of technical evaluation
process.
Venue for the opening of bids:
4.6.3. Proposal Evaluation
The evaluation of the proposals will be carried out in three stages:
a. Submission of EMD & Document Fee Receipt: The Evaluation Committee will
check if the bidder has deposited Proof of payment against procurement of
document and EMD in the form of BG.
b. Pre-Qualification Evaluation: The bidder shall be examined prima facie to
substantiate the compliance with the bidder’s eligibility criteria as set out for this
project in terms of organizational, financial and technical experience etc. The bid will
be rejected, in case it does not meet the Pre-qualification criteria. The next stage of
the evaluation will be an assessment of the technical bid.
c. Technical Evaluation: Short-listing of the Qualified Bidder(s) on the basis of PreQualification Criteria, the Evaluation Committee will proceed to a detailed evaluation
of the Technical Bids of such qualified bidder(s) in order to determine whether they
are substantially responsive to the requirements set forth in the Request for
Proposal. In order to reach such a determination, Evaluation Committee will examine
Page 32
the information supplied by the bidders, and shall evaluate the same as per the
evaluation criteria specified in this Tender.
d. At the time of Technical Bid Opening, the Evaluation Committee will open all the
parts of Technical Proposal of Qualified Bidder(s)
e. Evaluation Committee shall review the submitted proposal and a Proposal shall be
disqualified at this stage if it does not respond to important aspects of the Tender or
if it fails to comply with the technical requirements.
f. The Bidders are required to make presentation on technical and operational aspect
of the bid.
g. After the Technical Evaluation is completed and approved by the competent
authority, the Evaluation Committee shall notify the Bidder(s) about the status of their
proposal. In case the proposal did not meet the minimum technical criteria and/ or
were considered non responsive to the Tender the Financial Proposal will be
returned unopened after completing the evaluation process. The Evaluation
Committee shall simultaneously notify in writing to the bidders that have complied
with the technical criteria specified in the Tender the date, time and location for
opening the Financial Proposals.
4.7. Corruption or Fraudulent Practices
a. In the event of the bidder engaging in any corrupt or fraudulent practices during the
bidding process, as per the judgment of the STPI, the proposal will be rejected. Any
decision in this regard will be final and binding on the bidder.
b. For the purpose of this clause: “Corrupt Practice” means the offering, giving, receiving or
soliciting of anything of value to influence the action of STPI officials in the selection
process. It also includes bringing undue influence through any quarter or interfering
directly or indirectly in the selection process to affect its outcome.
c. “Fraudulent Practice” means a misrepresentation of facts in order to influence
selection process to the detriment of the STPI officials.
Page 33
4.8. Confidentiality
a. The bidder shall keep the information related to this bid as confidential. The bidder shall
note that the information will be used only for the purposes of this bid and shall not be
disclosed to any third party for any reason whatsoever
b. At all times during the performance of the services, the bidder shall abide by all
applicable STPI’s security rules, policies, standards, guidelines and procedures. The
bidder should note that before any of its employees or assignees is given access to the
confidential information, each such employee and assignees shall agree to be bound by
the term of this bid and such rules, policies, standards, guidelines and procedures.
c. The bidder should keep confidential the terms and conditions of this contract and
agreement, any amendment thereof, and any attachment or annexure hereof.
4.9. Bid Validity
The bids submitted by bidders shall be valid for a period of 180 days from the last date of
submission of the bid. On completion of the validity period (180 days), in case required, the
STPI would solicit the bidder’s consent to an extension of the period of validity. The request
and the responses thereto shall be made in writing by post or email.
4.10. Clarifications on Bid and Authorized Representative
To assist in the examination, evaluations, and comparison of Proposals, the committee
may, at its discretion, ask any Bidder for clarification of its Proposal. The request for
clarification and the response shall be in writing by post or by facsimile, but no change in
the price or substance of the Proposal shall be sought, offered, or permitted except as
required to confirm the correction of arithmetic errors discovered by the committee in the
evaluation of the Proposals.
4.11. Disqualification
The bid proposal submitted by a bidder is liable to be disqualified if:
a. Non submission of the Bid in accordance with the Tender.
b. During validity of the bid or its extended period, if any, the bidder increases his quoted
prices.
Page 34
c. Bid received in incomplete form or not accompanied by Earnest Money Deposit.
d. Bid received after due date and time.
e. Bid not accompanied by all requisite documents.
f. Any conditional letter of acceptance of the contract.
g. Bidder fails to enter into a contract within 15 days from the issue of Letter of Intent or
within such extended period, as may be specified by STPI.
h. Bidders may specifically note that while processing the tender documents, if it comes to
our knowledge expressly or implied, that a bidder has intended to form a cartel resulting
in delay / holding up the processing of tender 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 the STPI.
i. It is also clarified that if need arises the STPI would go in for appointment of outside
party(ies) to undertake the work under the captioned tender. In case any party submits
multiple bids or if common interests are found in two or more Bidders, then such Bidders
are likely to be disqualified, unless additional bids / bidders are withdrawn immediately
upon noticing such things.
4.12. Modification, Substitution & Withdrawal of Proposal
a. No proposal may be modified or substituted subsequent to the deadline for submission
of proposal. No proposal may be withdrawn in the interval between the deadline for
submission of proposals and the expiration of the period of proposal validity specified by
the bidder on the Proposal Form.
Page 35
SECTION 5: PROPOSAL EVALUATION
5.1. Pre-Qualification (PQ) Criteria
The bidder is required to furnish the supporting documents as proof towards prequalification criteria, failing which the bid may be rejected.
The bidder should comply with the following Eligibility Criteria for Pre-Qualification:
S.
Criteria
Documents Required
No.
1.
The Lead Bidder should be registered a) Certificate of Incorporation
under the Companies Act, 1956, and b) Memorandum of Association
Lead Bidder should have been in
c) Articles of Association
existence for the last 5 years in the field
of Software/ Application Development
and Integration in India.
2
The Lead Bidder should have positive
net
worth
and
an
overall
annual
a) Statutory
Auditor’s
Certificate
mentioning:
turnover of not less than INR 150 Crore
Net-Worth, Annual Turnover and
during each of the last three financial
Turnover from software/ application
years. Out of which INR 50 Crore
development and Integration for
should be from Software/ Application
bidding entity.
Development and Integration in each of
the last three financial years from
Indian operations. (F.Y. 2009-10, 201011 and 2011-12 respectively).
b) Copy of the audited profit and loss
account/
Statutory
Auditors
Certificated letter/ certified balance
sheet/
annual
report
(reflecting
overall turnover and the turnover
specific to services/product lines) of
the last three financial years counter
signed by Statutory Auditor
3.
The Lead Bidder must possess a valid Copy of valid CMM Level 5 Certificate
Page 36
S.
Criteria
Documents Required
No.
Certification in the Capability Maturity
Model (CMM Level 5).
4.
The Lead Bidder should have an active Copy of valid ISO 9001:2008 certificate
ISO 9001:2008 certification at the time or equivalent certification
of submission of the bid ( lead bidder
has to ensure that the certificate has to
remain valid during the life cycle of the
project)
5.
The Lead Bidder should have minimum Self certificate signed by the Authorized
150 technically qualified professionals Representative of the Lead Bidder
on its payrolls as on Bid Submission should be submitted.
Date
6.
The Lead Bidder must have experience The lead Bidders shall submit:
in the following criteria:
(i) The Lead Bidder should have
(i) Work Order/ Agreement/ with
addendums/
amendments
(if
similar experience (automation of
any), highlighting the value of
the entire organization covering all
order.
the process and functions of its
(ii) Project Completion Certificate
branches and sub-branches) in
mentioning Project Description,
the field of IT System Integration
start & end date of the project
Projects including Implementation
and financial value of the project.
/ Operations with at least one
completed IT project in last 3
years (from the date of publishing
of Tender) worth INR 12 Crore in
India for Indian client.
(iii) Letter of acceptance by client /
letter of appreciation by client /
Satisfactory
Certificate by client against each
project
or
Performance
mentioning
Project
description, start & end date of
Page 37
S.
Criteria
Documents Required
No.
The
Lead
Bidder
must
have
the project and financial value of
similar experience (automation of
the project.
the entire organization covering all
the process and functions of its
branches and sub-branches) in
the field of IT System Integration
Projects including Implementation
/ Operations with
at least 3
completed IT project in last 3
years (from the date of publishing
of Tender) in India worth INR 6
Crore (each) or more in India for
Indian client.
7.
The Lead Bidder should have the The lead Bidders shall submit:
experience
of
developing
software
(i) Work Order/ Agreement/ with
applications and deployment at a Data
addendums/ amendments (if any),
Centre with a minimum of 250 users on
highlighting the value of order.
the same in last 3 years (from the date
of publishing of Tender) in India for
Indian client.
(ii) Letter of acceptance by client /
letter of appreciation by client /
Satisfactory Performance Certificate
by
client
against
each
project
mentioning Project description, start
& end date of the project and
financial value of the project.
(iii) Self Certificate for Number of Users
with documentary proof
Page 38
S.
Criteria
Documents Required
No.
8.
Banned or Blacklisted Companies by An undertaking to this effect, signed by
any State / Central Government or any authorized
signatory,
has
to
be
Government Institutions in India will not submitted by the lead Bidder.
be eligible to participate.
9.
The lead Bidder should have an office Supporting documents to be provided /
in Delhi/NCR
undertaking
from
an
authorized
signatory.
10.
Permanent Account Number (PAN) of Supporting documents to be provided
lead Bidder available from Income Tax
authorities.
11.
Consortium/Sub-Contracting only to the extent of data digitization is
allowed. The lead Bidder is required to provide consortium agreement / letter
from the sub-contractor for the same.
12.
Power of Attorney
5.2. Technical Evaluation Criteria
Technical proposals shall be evaluated for only those bidders who met the Pre-qualification
criterion. The evaluation committee will evaluate the Technical Proposals on the basis of
the technical evaluation criterion as provided below.
During the technical evaluation, the responses provided in technical proposal will be
evaluated out of 100 marks. The bidder will have to score at least 80% marks to be
declared as technically qualified. Any proposal achieving a Technical Score less than
80% will be treated as “Not Technically Qualifying the Requirements” and will not be
considered for further evaluation of the financial proposals. The bidder attaining Zero in
any of the Technical Criteria may lead to disqualification of the Bid. Only the
technically qualified bidders will be informed for opening of the financial bid.
Page 39
5.2.1. Technical Evaluation Criteria – Compliance matrix
A detailed evaluation of the bids shall be carried out in order to determine whether the
bidders are competent enough and whether the bidder’s Proposal technically qualifies to
the requirements set forth in the Tender. Bids received would be assigned scores based on
the parameters defined in the table below:
S.
No
1.
Criteria / Sub-Criteria
Understanding of the Tender
Description / Response expected
Maximum
from bidder
marks
Assumptions,
Expectations,
5
Specimen/ Typical Output
2.
Experience in handling
similar For each project citation, the
Projects (automation of the entire following
marks
would
15
be
organization covering all the process awarded
and functions of its branches and
sub-branches)
Integration
in
projects
IT
System
including
Project Value more than 25 Cr
- 15 Marks
implementation / operations should
have been successfully completed in Project Value more than 12 Cr
last 3 years (from the date of and less than or equal to 25 Cr
publishing of Tender) in India for - 6 Marks
Indian client
Remark: Attach work order and Project Value more than 6 Cr
completion
certificate
for
each and less than or equal to 12 Cr
project. Maximum of 10 project - 2 Marks
citations only
3. Experience
of
managing
applications and systems deployed
No. of Users more than 1000
5
- 5 Marks
at a Data Centre (of that particular
Page 40
S.
No
application
or
systems),
Maximum
from bidder
marks
No. of Users more than 500 and
successfully completed or ongoing
less than or equal to 1000
in last 3 years (from the date of
- 3 Marks
publishing of Tender)
No. of Users more than 250 and
in India for
Indian client
- 2 Marks
Remark: Attach work order and/ or
completion
certificate
for
each
project along with self certificate for
No. of Users with documentary proof
4.
Experience in handling Application No. of Projects more than 5
10
Development projects for distributed - 10 Marks
environment worth INR 5 Crore or
more in last 3 years in India for
Indian client
No. of Projects more than or
equal to 3 and less than or
Remark: Attach work order and equal to 5
completion
certificate
for
each - 5 Marks
project)
5.
Experience
in
Maintenance
of No. of Projects more than 10
15
software and database management - 15 Marks
in India for Indian client in last 3
years
No. of Projects more than 5 and
- 10 Marks
Remark: Attach work order and
completion
project
certificate
for
each
No. of Projects more than or
equal to 3 and less than or
equal to 5
- 5 Marks
Page 41
S.
No
6.
Approach and Methodology
Maximum
from bidder
marks
Assessment of technological &
15
managerial
understanding
of
bidder based on criteria like
a)
Proposed
Solution
Architecture*
b) Bidder’s Proposed Work Plan
(as
per
Section-12.11)
and
Timelines
c) Understanding of risk factors
and
mechanism
to
mitigate
them
7.
Details of Project Team and CVs of Bidder’s Resource Deployment
Resources dedicated for this project
10
Plan (as per Section-12.12) and
the details of the proposed
resources for the entire duration
of the project.
8.
Un-priced Detailed Bill of Material Clear Item wise details as per
(BOM) with description and Quantity Section-12.19**
of
complete
IT
Infrastructure
5
(Hardware and Software)
9.
Technical Presentation before the To assess the complete solution
technical evaluation committee
20
proposed by the bidder through
direct interaction and clarifying
queries (if any)
Total Marks
100
Page 42
* Solution Architecture: It should comprise of all the details of various components
involved including the hardware, software, manpower etc. The solution should cover all the
aspects of the application software & database regarding its design, performance,
compatibility, robustness, security etc. and also how the same will be implemented and
ensured. Any additional component, third party software’s working and functioning should
also be given in detail. It should comprise of the server landscape. Also to be included are
the abstract/ logical view of the complete system and also separately depicting the
architecture/ design for network, system and security levels, including the complete O&M
with generic specifications.
** If any upgrade is available at the time of delivery of items as specified in the BOM, the
upgraded hardware/software shall be provided after the acceptance of STPI.
5.3. Financial Evaluation Criteria
The Evaluation Committee will open and evaluate the Financial Proposal of the Technically
Qualified Bidders. The Financial quotation should consist of the cost of all the software,
hardware, manpower, operation & maintenance cost. The financial evaluation will take into
account the information supplied by the Bidders in their financial proposal.
5.3.1. The Financial Bids will be opened by Evaluation Committee in the presence of
Bidder(s)/ representative. The date and time of the same shall be communicated to all
the Technically Qualified Bidders.
5.3.2. The Bidder offering the “Lowest Commercial Quotes (L1)” shall be awarded the
contract and would be termed as “Systems Integrator”.
5.3.3. Methodology for Financial Evaluation
I.
For all financial bids a Weighted Average Cost would be arrived at, using the
formula;
Weights
Service Charge (I) = 0.4
CAPEX + OPEX (II) = 0.6
Net Cost = 0.4 X (I X 9,50,000 X 5) + 0.6 X II + 10 X B
Where
Page 43
I is the weighted average transaction rate of Service charge quoted
II is cost of CAPEX and OPEX being asked for by the bidder
B – Man Month rate for additional work (1 Man-Month= 22 working days) for
10 months
Currently about 9,50,000 annual transactions (for external users) are being
estimated which may vary in future.
II.
Bidder with the lowest Net Cost would be considered as the L1 bidder.
Example
Financial Bid of Bidder A
I
Type of Service
Per transaction rate of
Service Charge Quoted
(in Rs.)
Weight
a.
High Volume
Services
Rs. 10.00
0.95
b.
Low Volume
Services
Rs. 50.00
0.05
I
Wt average charge
(=0.95a + 0.05b)
Rs. 12.00
II
Cost of Core Components (in Rs.)
Component
Amount in figures (in
Rs.)
Amount in
Words
a.
CAPEX
Rs. 8,00,00,000.00
Eight Crore only
b.
OPEX
Rs. 1,00,00,000.00
One crore only
II
Cost of Core
Component (a + b)
Rs. 9,00,00,000.00
Nine crore only
B.
Man-Month Rate
Rs. 1,00,000.00
Net Cost of Financial Bid
0.4 X (Wt Average Charge X 9,50,000 X 5) +
0.6 X (Total of CAPEX & OPEX) +
10 X Man-Month rate
Net Cost of Financial Bid
Rs. 7,78,00,000.00
a.
Project Cost Recovery
for the System
Integrator
7,12,500
Transactions (25%
less than estimated)
Estimated - 9,50,000
transactions
11,87500
Transactions (25%
more than estimated)
Through Service
Rs. 4,27,50,000.00
Rs. 5,70,00,000.00
Rs. 7,12,50,000.00
Page 44
Charge
b.
5.4.
CAPEX + OPEX
Rs. 9,00,00,000.00
Rs. 9,00,00,000.00
Rs. 9,00,00,000.00
Net Recovery
Rs. 13,27,50,000.00
Rs. 14,70,00,000.00
Rs. 16,12,50,000.00
Additional Through
change order
Rs. 10,00,000.00
Rs. 10,00,000.00
Rs. 10,00,000.00
Confidentiality of Process
Information relating to the examination, clarification, evaluation and comparison of
Proposals, and recommendations for the award of the project shall not be disclosed to
Bidders or any other persons not officially concerned with such process until the award to
the System Integrator offering the lowest quotes has been announced.
5.5.
Corrections of Errors
Bidders are advised to exercise greatest care in entering the pricing figures. No requests
regarding correction of mistakes in the financial bids will be entertained after the quotations
are opened. All corrections like cutting or overwriting etc., if any, should be initialed by the
person signing the tender form before submission, failing which the figures for such items
may not be considered.
Arithmetic errors in bids will be considered as follows:
I. Where there is a discrepancy between the amounts in figures and in words, the
amount in words shall govern.
II. Where there is a discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by the quantity, the unit rate will govern unless, in the
opinion of the evaluation committee, there is obviously a gross error such as a
misplacement of a decimal point, in which case the line item total will govern.
III. Where there is a discrepancy between the amount mentioned in the bid and the line
item total present in the Schedule of Prices, the amount obtained on totaling the
line items in the Bill of Materials will govern.
The amount stated in the proposal, adjusted in accordance with the above procedure, shall
be considered as binding, unless it causes the overall tender price to rise, in which case the
bid price shall govern.
Page 45
SECTION 6: APPOINTMENT OF SYSTEM INTEGRATOR
6.1.
Letter of Intent (LoI)
A letter of intent shall be issued in the first instance informing the System Integrator to the
decision of the competent authority to accept his bid and the award letter shall be issued
only after submission of Performance Bank Guarantee. In case of failure by the bidder to
furnish the Performance Bank Guarantee within the specified period, STPI shall without
prejudice to any other right or remedy available in law, be at liberty to forfeit the Earnest
Money Deposit absolutely and the letter of intent shall be considered withdrawn.
6.2.
Award of Contract
On submission of the Performance Bank Guarantee, the Successful Bidder will be required
to sign an agreement with STPI as per draft placed at Section-12.20 of the Tender on
provisioning of Letter of Intent within the date as specified by STPI. The prospective bidder
will be deemed to have entered in the contract only after formally signing contract
documents and submission of Performance Bank Guarantee.
6.3. Performance Bank Guarantee
i.
System Integrator shall deposit an unconditional and irrevocable Performance Bank
Guarantee (PBG) from a Nationalized bank/ Scheduled Bank is acceptable to STPI,
payable on demand, for the due performance and fulfillment of the contract by the
Systems Integrator, within 15 days from the date of issuance of LoI. The format of
the Performance Bank Guarantee is given in Section-12.16, Annexure XVI
ii.
The Performance Bank Guarantee shall be denominated in the currency of the
contract, i.e. Indian Rupees (INR).
iii.
This Performance Bank Guarantee will be valid for the entire Project Duration, i.e.
period of 45 Weeks (Development Phase) + 5 years (Operation and
Maintenance Phase, post Roll Out across all STPI centres) + 1 year from the
award of the contract. The Performance Bank Guarantee amount would be 10% of
the Total Contract Value. PBG is subject to the terms and conditions in the
Performance Bank Guarantee, at the end of the above mentioned period, the
Performance Bank Guarantee will lapse automatically.
Page 46
iv.
All charges whatsoever such as premium; commission etc. with respect to the
Performance Bank Guarantee shall be borne by the Systems Integrator.
v.
The Performance Bank Guarantee may be discharged / returned by the STPI, upon
being satisfied that there has been due performance of the obligations of System
Integrator under the contract. However, no interest shall be payable on the
Performance Bank Guarantee.
vi.
In case of extension of the project timeline, the System Integrator has to submit the
renewed PBG with the new validity before one week of the expiry of the old PBG.
vii.
In the event of the System Integrator being unable to service the contract for
whatever reason, the STPI would evoke the PBG. Notwithstanding and without
prejudice to any rights whatsoever of the STPI under the Contract in the matter, the
proceeds of the PBG shall be payable to the STPI as compensation for any loss
resulting from the Systems Integrator’s failure to complete its obligations under the
Contract. The STPI will notify the System Integrator in writing of the exercise of its
right to receive such compensation within 14 days, indicating the contractual
obligation(s) for which the System Integrator is in default.
viii.
The STPI shall also be entitled to make recoveries from the System Integrator’s bills,
performance bank guarantee, or from any other amount due to him, the equivalent
value of any payment made to him due to inadvertence, error, collusion,
misconstruction or misstatement.
Page 47
SECTION 7: SCOPE OF WORK
7.1. Detailed Scope of Work
The scope of work for this project would include development of a centralized and
automated solution to facilitate the delivery of all internal and external activities of Software
Technology Parks of India (STPI) and its various stakeholders. The application aims to
support the STPI system and processes. This project is envisaged to strengthen the STPI
system to ensure adequate and timely delivery/execution of all users related services as
well as internal services.
A Functional Requirement Document (FRD) would be provided to the interested Bidder(s)
to have a brief overview on the scope of the project. The System Integrator would be
required to design, develop, implement and maintain an end-to-end solution for
Computerization of STPI. The System Integrator bidders need to develop the
solution/application in the premises of STPI, Noida only. The System Integrator would be
required to revalidate the existing Systems Requirement Specification (SRS) which would
be provided by STPI.
Application will be used by STPI officials. The primary site for the hosting of the application
would be Noida. The Disaster Recovery site would be Bangalore or the site decided by
STPI. The Solution should be based upon the latest Open Standard/ Market Proven
Technology(ies) at par with International Standards. The application software should be
certified by STQC (or equivalent certification by a similar Government Agency) for the
quality assurance. STPI shall bear the cost of certification.
Scope of Work for the Computerization of STPI would include, but not limited to:
i. The System Integrator would understand all the documents (including the FRD
document) made available by STPI, re-validate existing System Requirement
Specification Document (SRS) and prepare of a System Design Document (SDD).
ii.
The revalidated SRS and the prepared SDD would require acceptance of STPI.
iii.
The successful bidder would be required to Design, Develop and Integrate
software and all related applications.
Page 48
iv.
The successful bidder is required to ensure testing, modification and user
acceptance of solution and should be responsible for the completion of Data
Migration and Database Creation (along with Data Entry and Data Digitization).
v.
During Phase 1, the bidder should be responsible to carry out Pilot in 5 offices –
Head Quarters: New Delhi, Noida, Bangalore, Hyderabad and Pune. The Project
would be deemed to “Go-Live” upon successful completion of the pilot
implementations.
vi.
On successful completion of the Pilot, the System Integrator would be required to
initiate Phase 2 (after obtaining clearance from STPI on the satisfactory working in
Phase 1) implementation at rest of the STPI centres.
vii.
At the time of User Acceptance Testing (UAT), the System Integrator would provide
Brand New Enterprise Class Hardware. The hardware would include SAN,
Servers, etc for the successful implementation of the proposed solution. An
indicative list of equipments to be supplied by the selected System Integrator are
as under:
S. No.
Component
1.
Application Servers (Development, Test, Production)
2.
Database Servers (Development, Test, Production)
3.
BI & DW Servers (Development, Test, Production)
4.
Tape Drive (with tapes)*
5.
Router, Switches
6.
Standalone Firewall with IPS, Antivirus
7.
SAN Storage
8.
Server Racks/ Blade enclosures
9.
SLA Monitoring Tool
10.
Licenses of recommended Systems Software, Tools (DW/BI/DMS), RDBMS and
OS
Page 49
S. No.
Component
11.
Backup Software
12.
Data Replication Solution
13.
Other Components as required by the Application
* The backups are to be taken on tape drives on rotation and full backup to be
taken for last 7 days which must be available at any point of time.
viii.
The selected system integrator is expected to bring in the computing infrastructure
for DC and DR. The DR is expected to be 70% of DC capacity. The DC and DR
build are out of scope of this Tender.
ix.
The client side infrastructure in terms of PCs/ laptops/ printers for users shall be
arranged by STPI.
x.
The System Integrator shall bring in the PC/laptops, etc required for the onsite
development team
xi.
Implementation of a DW/BI solution that provides a centralized repository for STPI
services and in-house data that should facilitate Generation of Standard Reports,
Ad-Hoc Report, Customized & Exception Report etc, data analysis, Dashboards for
Senior Management, advanced Search Features and; optimized response time for
reporting modules
xii.
Implementation of a Content & document management system shall be the sole
responsibility of the Systems Integrator.
xiii.
Procurement of all software licenses, tools and their installation on the deployed
hardware (including all licenses) would be perpetual licenses, and in the name of
STPI.
xiv.
The System Integrator shall develop the Operational Procedures Manual,
Acceptance Test Plan, Acceptance Test Specifications user manual, system
manual, data dictionary, data definitions, training & knowledge transfer plans,
relevant training modules and handholding support.
xv.
The System Integrator is required to submit Standard Operating Procedures (SOP)
other manuals along with successful completion of all the trainings.
Page 50
xvi.
On completion of Milestone 3, the successful bidder would be required to initiate
Maintenance phase.
xvii.
The successful bidder shall impart necessary training to the nominated personnel
of STPI.
xviii.
The entire infrastructure necessary for solution deployment at DC and DR would be
procured, installed, configured and managed by the Systems Integrator.
xix.
Additional modules/ queries and reports have to be developed during the whole
duration of the project as and when required by STPI.
xx.
The System Integrator shall also make provisions for interface with Department of
Revenue, Reserve Bank of India (RBI), Ministry of Commerce, Commercial
Intelligence, etc, as per the requirements of STPI.
xxi.
System Integrator shall provide the SLA monitoring tool to capture the service
performance of the Solution and generate statistics for service levels.
xxii.
The developed solution/ application should have sufficient compatibility with mobile
browsers to enable push/ pull of content and browsing features. The System
Integrator shall setup a Web email messaging system with a mobile version
(accessible from mobile phones using mobile browser or IMAP).
xxiii.
The System Integrator shall make provision for dedicated resources for the
maintenance and support of application,
xxiv.
An onsite helpdesk support of 12*6 (9:00am-9:00pm) with at least 1 person to
support for resolution of queries related to the application. The System Integrator
will deploy tools to monitor and submit reports (as and when required by STPI)
stating details like – issue, issue resolution time etc. No toll free number needs to
be set up (The location for helpdesk shall be provisioned by STPI). The helpdesk
shall 
Answer business/process and application level questions from all internal and
external stakeholders.

Receive and redirect technical support to System Integrator support team and
follow up.

Coordination with STPI and System Integrator for smooth running of solution.
Page 51

xxv.
Escalate issues as required.
Insurance, Warranty and Maintenance for all IT infrastructure/ Assets to be
provided as part of the project for the entire period of the contract. The System
Integrator shall interact with OEMs/ Concerned agencies for all insurance, warranty
and maintenance related issues.
xxvi.
The System Integrator shall perform Operation & Maintenance, post Roll Out
across all STPI centres for a period of 5 years.
7.2. Design, Development and Deployment Phase
The proposed project on Computerization of STPI consists mainly of sixteen logical
modules. The brief for each module is given below and for detailed information the
interested Bidder(s) may refer FRD:
1. STPI National Portal: The STPI National Portal shall strictly follow the Standards and
Guidelines for Indian Government Websites (GIGW). The key objective of the STPI
National Portal is to provide following features and services but not limited to:
i. STPI National Portal will act as a front-end for all user facing activities from service
requests, utility payments to online interaction with concerned STPI officials.
ii. It shall have feature through which various STPI website of centre and Directorates with
their relevant information can be accessed.
iii. It must include About STPI and reflect all the offerings of STPI in details, Who-is-who,
STPI Contact details across locations, etc.
iv. Query, Feedback, Help, Suggestions, Grievances, etc. submitted through online form.
v. STPI portal shall also display nationwide vacancies(its related features), STPI
Publications, STPI Reports, Circulars etc
vi. Application which is to be developed is to be used through the same STPI National
portal
vii. All the internal and external activities are to be through STPI National Portal only.
viii. STPI National Portal should act as a front end for all the employee related service
requests.
Page 52
ix. The portal should allow management of the portal’s content through an administrative
console.
x. The user shall be allowed to fill and submit the e-forms.
xi. The user should be able to track the status of the submitted e-Form.
xii. The user should be allowed to download the approved letter, etc.
xiii. Business Idea Competition:
In addition to above, another integral part of STPI National Portal is a module named
“Business Idea Competition” which has the basic purpose of organizing Competitions
among Students/Entrepreneurs/ Educational Institutes/ individuals/ Incubators/ Start-up
Units/etc for recognizing and promoting the “Best Business Idea/Innovation/product/etc”
under various categories in the areas of ICT & Electronics domain.
This said module shall explicitly describe the purpose of STPI for recognizing and
promoting
new
ideas
&
innovations,
rules
and
instructions
for
filing
registrations/nomination, Policies, Definitions & Terminology, Screening and Selection
Criteria as adopted for finalization of best idea/innovation, Best Awarded Innovative
ideas of previous years, etc.
The module shall have the facility to invite nominations/registrations for various
innovations/ideas under pre defined award categories as announced by STPI. It shall
also have all the related facilities like gathering all the information about the nominee,
display of nominated innovation/idea/product/etc, status of nomination, awardees list,
comments, queries, feedback, events, online help for user, etc / other facilities as
decided by STPI.
2. e-Forms Creation System: The system shall allow creation/ deletion/ modification of eForms (Work-flow should be role based and online).
3. Unit Management System: The Unit Management System acts at the backend and
processes all the service requests. This module will allow STPI officials to receive
applications, thereafter approve, reject or forward for further verification and finally
deliver the approved services to the users. For further details, refer FRD.
Page 53
4. DataCom Management System: The DataCom Management System acts at the
backend and processes all the service requests. This module will allow STPI officials to
receive applications, thereafter approve, reject or forward for further verification and
finally deliver the approved services to the users. The DataCom Management System
should be designed to allow role based access to all the technical staff. There will be no
direct interaction with the live network. Any access has to be allowed through the
application portal only. All the activities/ events performed by the users will be recorded
as logs (application). All the change management, configuration management, fault
logging, inventory management, process management, data/ workflow management has
to be made through the application. All the network monitoring, trouble shooting,
analysis including future plan and design has to be done through application portal. For
all the links (users and back-bone) the complete status and performance analysis has to
be done through the application including the tickets management system generated
automatically through the application. All the reports to be based on the live network
data captured by the application. Any third party software, additional component
required may be integrated with the application.
i.
ii.
Operations Group - Maintenance of Networks / Troubleshooting
Link Feasibility and Commissioning for new user - Radio Network & Fiber Optics
Network
iii.
Network Analysis
iv.
User Id Creation
v.
Helpdesk Management
vi.
Upgradation/ Down gradation and Commissioning of Local loop – Fiber/ Radio
vii.
Preparation of Incident Report, RFO of the Incident and updating of FRMS
viii.
Preparation of Duty Roaster for Help Desk Staff
ix.
Up gradation/ Down gradation and commissioning of Backbone
x.
Termination of Local Loop – Fiber/ Radio
xi.
Termination of Co-Location
xii.
Maintenance of Networking Equipment
Page 54
xiii.
Bandwidth Module
xiv.
NIXI Payment Correspondence
xv.
CSME (CSM, CMDS) Services (Satellite services)
xvi.
Co-location Rack Service to Third party Telecom Service provider
xvii.
Disaster Recovery (DR) Services
xviii.
Co-location of server
xix.
Revision in existing tariff
5. HR and Administration Management System – This module will be used for internal
functions at STPI. This module aid the HR and Administration Group perform all their
employee related activities.
i.
Leave Travel Concession (Advance)
ii.
LTC Settlement
iii.
Earned Leave Encashment
iv.
STPI Certificate
v.
Annual Progress Appraisal Report
vi.
Forwarding of application through proper channels
vii.
Application for Passport
viii.
Permission to travel abroad
ix.
Tuition Fee
x.
Updation of family/Personal profile
xi.
Withdrawal from PPF/GPF
xii.
Buying of Softex Forms
xiii.
Purchase of Stationery
xiv.
Need of stationery by office employees
xv.
Purchase of House Keeping Goods
Page 55
xvi.
Approval of Loan
xvii.
Reimbursement of Local Conveyance
xviii.
Reimbursement of Overtime
xix.
Application for leave
xx.
Payment processing for vendors
xxi.
Reimbursements for Expense Claims-Staff
xxii.
Annual Property Return
xxiii.
Purchase/ Re-filling of Cartridge
xxiv.
Requisition of use for office vehicles
xxv.
Payment of TA/ DA
xxvi.
Pre-Recruitment Process
xxvii.
Post-Recruitment Process
xxviii.
Movable/immovable property declaration/permission
xxix.
Home Town Declaration
xxx.
Promotion Policy
xxxi.
Employee Code Generation
xxxii.
Parliamentary Policy
xxxiii.
RTI
xxxiv.
Resignation
xxxv.
Transfer
xxxvi.
Retirement
xxxvii.
Probation Clearance
xxxviii.
Suspension/ Penalties/ Issue of Memorandum
xxxix.
xl.
Birthday Gift Cheque
Court Cases
Page 56
6. Financial Management System - This module will be used for internal functions at
STPI. This module aid the Finance, Accounts and Billing Group perform all their
activity(ies).
i.
Booking in Tally of all Billing
ii.
Cash handling for Centre- Sale of Softex Forms
iii.
Cash handling for Centre- Settlement of Advances/ Loans made to Staff
iv.
CST Re-imbursement
v.
Maintenance of Records for Centres and Sub-centre
vi.
Disbursement of CST
vii.
Pay Bill (Salary)
viii.
Payment for Capital Purchases
ix.
Payment for Misc. Purchases and Imprest Settlement for Sub-Centres
x.
Payment for Misc. Purchases- by Centre Depts
xi.
Payment to Carriers of Centres and Sub-centres
xii.
Preparation of Annual Budget
xiii.
Fund Allocation for recurring expenses / Request for Balance Funds
xiv.
Fund Management
xv.
Project Accounting/ Billing
xvi.
Preparation of Balance Sheet
xvii.
Maturity of FD and investment of funds
xviii.
Payment of Advance/ Income tax
xix.
Payment of Tax and Liability
xx.
Co-Location Billing
xxi.
DataCom Billing-Centre
xxii.
DataCom Billing- Sub Centre
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xxiii.
EHTP Billing
xxiv.
Incubation Services- Centre
xxv.
Incubation Billing- Sub-centre
xxvi.
STP Billing-Newly Registered Units
xxvii.
Termination of service
xxviii.
Periodic Reviewing
xxix.
Revision in existing tariff
xxx.
STPI centre specific bank reconciliation reports and service-wise transaction reports.
7. Incubation Management System - The Incubation Management System acts at the
backend and processes all the service requests. This module will allow departmental
officials to receive applications, thereafter approve, reject or forward for further
verification and finally deliver the approved services to the users
i.
Renting Furnished/ Semi-Furnished Raw Space
ii.
Terminate Incubation Service – Request from User
iii.
Maintenance of Area
iv.
Upsizing
v.
Downsizing
vi.
Extension of License term
vii.
Meetings
8. Quality Management System - This module will be used for internal functions at STPI.
The employees of STPI will be able to access the e – Forms related to Quality
Management on the STPI Portal. The Quality Management System also acts at the
backend and processes all the service requests. This module will allow departmental
officials to receive applications, thereafter approve, reject or forward for further
verification and finally deliver the approved services to the users
i. Change Requests (Procedures/Formats)
ii. Conducting MRC Meetings
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iii. Training
iv. Coordinating Internal Audit
v. Third Party Audit (Certification and Surveillance Audit)
vi. Risk Management (Analysis, VAPT & Mitigation)
vii. Corrective Action and Preventive Action
Project Management System – This module will help the Project Consultancy Group
9.
and Civil Group to manage their activities.
This module will help in defining and
structuring projects, tasks, and budgets which will aid in monitoring project status.
i.
Identification of Internal Projects by STPI Centre
ii.
Identification of Internal Projects by STPI HQ
iii.
Identification of External Projects by STPI Centre/ HQ
iv.
Implementation of Consultancy Projects/Project Management
v.
Operation and Maintenance Projects
vi.
Implementation of Turnkey Projects
vii.
Records Management
viii.
Training
ix.
Billing
x.
Funding
xi.
Final Settlement (Financial Closure of Project) and Inventory Settlement
xii.
Project Closure
10. Procurement Management System – STPI across the country are pursuing
standard practices for procurement of goods & services following GFR & CVC
Guidelines & internal Delegation of Powers to ensure that purchasing of the products
and services is carried out according to the specified requirements. The key objective of
Procurement Management System is to computerize the procurement activities
including:
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i. Planning & Procurement of capital equipments/items related to functioning of centre,
maintenance contracts & other essential services at the most competitive prices and in a
fair, just and transparent manner.
ii. Selection and evaluation of vendors to ensure that they have capability to meet
specified requirements.
iii. Activity execution in a well-coordinated manner with least time and cost overruns.
iv. Maintenance of records for systematic & integrated approach for procurement activity.
11. Admin Modules – The administrative module will help to define privileges for various
user and groups.
i.
The module assists in Authentication
ii.
Ability to create new groups and assign Users to Group
iii.
Ability to update / view Group(s) Details (Member/Privilege counts)
iv.
Assigning/ Managing privileges to individual Users or User Groups
v.
Creation/ Modification of Users
vi.
Record retention schedule
12. Workflow Management System – This module would allow STPI to define different
workflows for different types of jobs or processes. Once the task is complete, the
workflow software ensures that the individuals responsible for the next task are notified
and receive the data they need to execute their stage of the process.
13. Management Information System – This module will be used to provide regular inputs
and information to the designated officials. It should have the capability to merge
criteria/ integrate reports to produce reports with the desired outputs. It should include
all the scheduled reports, on-demand reports, exception reports etc. All the reports of all
the modules mentioned as a part of the Computerization of STPI project should be
incorporated in the MIS module which would assist STPI in better control, monitoring
and decision making for the future.
14. Document Management System – This module will be used to track and store
electronic documents and/or images of paper documents. It is usually also capable of
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keeping track of the different versions created by different users (history tracking).
Document management systems shall provide storage, versioning, metadata, security,
as well as indexing and retrieval capabilities. Scope of the successful bidder shall
include digitization of 2 Lakh pages approximately. Payments shall be made for every
subsequent 10,000 pages (as and when required) by furnishing relevant bills to STPI.
STPI shall make payments for digitization of every subsequent 10,000 pages within 45
days of receipt of bill.
15. Asset Management / Inventory Management - STPI intends to manage its inventory
using the proposed solution/ application which shall comprise of an asset/ inventory
management module (digital/manual data shall be provided by STPI). It shall be able to
provide the following:
i.
The module shall create a database of all the assets with STPI and the System
Integrator with a unique identification against each asset.
ii.
As and when assets are allocated, re-allocated and/or de-allocated against an entity
(resource/ team, etc) it shall be able to update/ append the database accordingly.
iii.
It shall also have the capability to track assets allocated to an entity as and when
required by STPI.
iv.
In case a new asset is procured or an old asset is disposed off, the module shall
have the capability to update the database accordingly.
16. E-Tendering - The scope of e-Tendering is the specification of business documents
exchanged between a public sector buyer and an external supplier during the tendering
and awarding phases in electronic public procurement. The basic requirements for eTendering includes, but not limited to, the following:
i.
Allow interested Bidder(s) to respond to tenders within the specified time-limit
ii.
User interface with a list of current tenders
iii.
Search facility based on various categories of tenders like organization, type of
product etc.
iv.
Controlled access to tenders using passwords, user profiles and permissions
v.
Changes to the quotations
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vi.
Be able to track the number of Tender Downloads along with their respective IP
Addresses and user details
vii.
User verification through user id & password and/ or digital signature (System
Integrator will be responsible for implementing digital signatures in the solution)
viii.
Repository of previous tenders
ix.
User interface with a list of response to a particular tender
x.
Collaboration facilities enabling a number of people to work on creating a tender
document or to evaluate tenders
xi.
Partially automated evaluation of tenders and award notification
7.3.
Data Digitization
Scope of the successful bidder shall include digitization of a 2 Lakh pages approximately.
Also documents to be scanned and digitized may be in loose and bound form with one to
eight pages per document with maximum size of A3. Data digitization shall be conducted at
9 STPI Directorates.
Payments shall be made for every subsequent 10,000 pages (as and when required) by
furnishing relevant bills to STPI. STPI shall make payments for digitization of every
subsequent 10,000 pages within 45 days of receipt of bill. For payment purpose, lot of
10,000 pages shall be considered.
7.4.
Data Migration
Data from existing applications / legacy system at various STPI centres would need to be
migrated to the proposed Solution/ Application. As part of migration activity, the standard
data quality checks have to be in place. Some of the applications requiring Data Migration
are mentioned below:
a. HRMS Application - This application is used by HR and Administration department for
completing various HR activities.
b. EXIM Application
c. Tally, etc.
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7.5.
Business Intelligence and Data Warehousing
The scope of business Intelligence would involve a process to gather respective fields to
transform it later into knowledge, which could further be used to understand the needs of all
Stakeholders.
The proposed DW/BI solution should provide a centralized repository for STPI services and
in-house data. It is expected to serve as an MIS repository for STPI. In addition other
external stakeholders within Government and other external stakeholders increasingly
require complex analytical data inputs. Such requirements can be fulfilled through the
DW/BI solution without stressing the operational systems that is likely to impacting their
performance. The BI solution is expected to fulfill the below key objectives:
i.
Generation of Standard Reports, Ad-Hoc Report, Customized & Exception Report
etc.
ii.
Facilitate data analysis
iii.
Dashboard for the Senior Management
iv.
Advanced Search Features
v.
Optimised response time
The DW and BI solution should have the minimum features:
i.
ETL Functionality
ii.
User friendly GUI for ease of use
iii.
Re-usability of components
iv.
Capable of deployment in real time and batch data integration requirements
v.
Metadata management
7.6.
i.
Provision of Hardware/ Software by Systems Integrator
The entire “Hardware Infrastructure and Software” as specified in Section-7.1 would be
arranged and managed by the Systems Integrator.
ii.
The client side infrastructure in terms of PCs, laptops, printers, etc for users shall be
arranged by STPI.
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iii.
The System Integrator shall bring in the PC/laptops, etc which would be required for the
onsite development team
iv.
At the time of User Acceptance Testing which will be done at Noida or place as decided
by STPI the System Integrator would provide Brand New Enterprise Class Hardware
for DC and DR. The hardware would include SAN, Servers, etc for the successful
implementation of the proposed solution.
v.
As and when required during the project duration, the said Hardware/ Software would be
updated/ upgraded to meet the Service Level Agreements (SLAs) at no additional cost
to STPI.
vi.
The Hardware provided by the System Integrator would be OEM supported and would
be Application/ Platform Independent.
vii.
The ownership rights of the Hardware/assets would lie solely with STPI.
viii.
All software to be deployed as part of the project would be in the name of the STPI and
the original copy of the same shall be deposited by the successful bidder at the office of
the STPI after signing of the contract and before the installation of the software at any of
the sites. The licenses of all software should be perpetual.
Note: Backbone connectivity would be provided by STPI
7.7.
Disaster Recovery (DR) Site
The System Integrator is required to build an active DR Site for the entire Solution/
Application. The DR site location and the requisite bandwidth for synchronous transfer of
data would be provided by STPI. Currently Disaster Recovery site shall be at Bangalore or
a location as decided by STPI. The System Integrator has to ensure meeting all of the
defined SLA’s other than that pertaining to network breakdown.
7.8.
Project Roll-out and Implementation Plan
The project will commence within a week of awarding the contract. Application
Development will start immediately while Data Collection, Digitization and Migration will be
done in phases.
The project will roll-out in two phases namely Pilot and Rollout. In the first phase (Pilot), 5
STPI centre will be covered: Head Quarters- New Delhi, Noida, Bangalore, Hyderabad and
Page 64
Pune. After successful roll-out of first phase, the System Integrator will have to take a go
ahead from STPI to start the second phase (Rollout) across all remaining STPI centre.
7.9.
Training
The System Integrator would be required to impart training to all the approx 600 STPI
officials in batches across two locations at STPI premises, i.e. Delhi/ Noida and
Bangalore/Chennai.
The training would include the following:
i.
Class Room and Hands-on training to all STPI officials by trained instructor at STPI
premises.
ii.
Need based training shall be provided by the System Integrator
iii.
Train-the-trainer:

The 20 designated STPI officials, and

Developer and System Administrator training to at least 10 STPI personnel
covering all aspects of software development and maintenance.
Training schedule and training manual should be made available to STPI one week before
the scheduled training and would be provided to each participant during training (Training
manual should contain all the modules and also should suffice clearly the roles and
responsibilities of the different level of officials as acknowledged in the application
software). In addition to the above, System Integrator shall also provide User Manual, User
Guide, etc for the developed application.
Context-sensitive help/ online help/ visual tutorial should be available with the application
software for online understanding of software in an online mode
7.10. Operations & Maintenance Phase
The scope of work during the O&M Phase would include, but not limited to, the following:
i.
Operations & Maintenance phase would be for 5 (five) years after successful completion
of Milestone 3 as defined in Section 10- Payment Terms.
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ii.
Ensuring security of the system at all times. Any updates required in line with any new
guidelines/policy by Government of India would have to be adhered to by the System
Integrator without any additional cost to STPI
iii.
The System Integrator shall remove the defects/ bugs and bring the system back to
proper working condition & ensure that the system is in compliance to SLA’s at all times,
without prejudice to terms and conditions under the contract at no additional cost to
STPI.
iv.
Modifications, additions and updates to the existing system, which are part of the
existing modules, will be the responsibility of the System Integrator at no additional cost
to STPI.
v.
Procurement and Maintenance of all licenses/AMC for all Hardware, Software and tools
required for successful running of the application suite.
vi.
Updates to all software components with the latest patches/version upgrades, as
released by the concerned OEM players from time to time.
vii.
Ensure that the system performs in compliance to the SLA’s defined in the contract, and
any updates to the hardware and software required will have to be the responsibility of
the Systems Integrator
viii.
Updating and Maintenance of solution would include revising, editing web pages,
addition of policy/circulars etc to keep the web portal up to date in consultation with
STPI.
ix.
Design & Development of all reports, as requested by STPI
x.
Generation of regular reports in relation to SLA’s and transactions on a daily, weekly,
monthly basis or as agreed with STPI
xi.
Any change request made by STPI which is in addition to the scope of work defined in
this Tender, would be undertaken by the System Integrator without prejudice to terms
and conditions under the contract.
xii.
Ensure that DR policy, Backup plan, and Contingency plan are in place and are
approved by SPTI at all times.
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xiii.
Taking regular data back-ups as decided by the department and necessary for smooth
operations.
xiv.
Creation and Submission of detailed MIS reports as and when needed in the format
specified by STPI.
7.11. Compliance to General Specifications of the Solution
i.
Consortium/Sub-Contracting to the extent of data digitization is allowed.
ii.
Application should have a standardized look and feel, in concurrence to the local factors
and Government requirements.
iii.
Application should log all user actions and should have reporting facilities that can be
utilized in system performance and security access controls monitoring.
iv.
Application should provide the capability for a user to log in once and be able to access
all appropriate services.
v.
Application should support use of digital certificates/ digital signatures.
vi.
Application should provide the secured online payment services.
vii.
Application should be IPv4 and IPv6 compliant in all respects.
viii.
Application is aimed as a repository of information and transactional services offered by
STPI.
ix.
STPI will accept the Solution/ Application developed by the System Integrator after
conducting successful User Acceptance Testing (UAT) of the Solution/ Application.
x.
STPI also reserves the right to appoint a third party/agency to conduct the UAT on its
behalf.
xi.
Any bugs identified during the UAT should be fixed by the System Integrator before
acceptance of the software by STPI.
xii.
The SLA monitoring tools are required to be supplied and configured by the System
Integrator to track and report the application performance metrics.
xiii.
Any new software or applications required for the successful development, successful
User Acceptance Testing and for compliance of the SLA’s during the entire duration of
the project will have to be managed by the Systems Integrator.
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xiv.
Application should be Platform independent.
xv.
STPI requires 100% implementation of Bilingual (Hindi, English) features with Unicode
support to the extent of Technology permits for GUI and reports
xvi.
All application software, hardware, data, plans, drawings, specifications, designs, reports
and other documents procured or developed by the System Integrator in the execution
of the contract shall remain the property of the STPI, right from the beginning of the
contract, during the whole duration of the project and after the expiry or termination of
the contract.
xvii.
The ownership shall also remain with the STPI in case the System Integrator fails to
execute tasks to the satisfaction of the STPI.
xviii.
The STPI shall also remain the sole owner of the Hardware/ Software supplied at the
time of UAT in case the contract is terminated for any other reasons.
xix.
System
Integrator
shall
adhere
to
the
W3C
guidelines
as
mentioned
in
www.w3.org/security to meet compliance on usage (internal and external) for application
development and O&M phase
7.12. Deliverables
7.12.1. Solution/ Application Development Phase: The selected System Integrator would
be required to submit the following deliverables in hard copy/ soft copy (protected
media)/ or both, as per the Solution/ Application Development Timelines.
i.
Detailed Project Plan including the Resource Deployment Plan
ii.
Revalidation of existing System Requirement Specification Report (SRS)
iii.
System Design Document (SDD)
iv.
Prototype of Application Software (cover basic screen layouts, fields, GUI of the
application minus the business logics)
v.
Acceptance Testing Reports (Report on Beta Testing of the software)
vi.
Application software with source code in two sets (in protected media) along with source
code and/ or license of third party API/ any other software used.
vii.
User Manual of the Application Software
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viii.
Technical Manual of the Application Software
ix.
Classroom, Hands-on, Train the trainer, developer & System Administrator Training on
the application developed along with training, user and technical manual
x.
User Acceptance Testing (UAT) Report
xi.
Satisfactory certificate from the SPTI officials for Supply, Installation and Commission
7.12.2. Operations and Maintenance (O&M) Phase
During Operations and Maintenance phase, System Integrator would be required to support
the application for any bugs/ updations/ addition in the developed solution for which support
should be available on call / email / telephone. During this phase, the selected System
Integrator shall deploy the required resources (at least 2) onsite fulltime at STPI, Noida.
i.
Final version of the application software with source code in 2 sets of soft copy
(protected media) and along with source code and/or license of third party API/ any
other software used.
ii.
Software upgrades/ enhancements with source code.
iii.
Call Register (Online) - The System Integrator shall maintain a call register for logging
complaints during post implementation support period. The System Integrator shall
essentially provide complaint number for each complaint call made by the user. The
solution shall generate an automated complaint ticket.
iv.
Reports - Following reports are to be provided for all the activities as and when required
by STPI:
•
SLA attainment reports
•
Report on number of problems referred to support team and resolution status.
•
Report on number of software upgrades/ enhancements, bug fixes, patches etc
•
Any other Report as desired by STPI.
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SECTION 8: PROJECT TIMELINES AND MILESTONES
8.1. Project Timelines and Milestones
The Project Timelines would start from the date of Issuance of LoI (Week “W0”). The tentative timelines for project rollout
is as follows:
8.1.1. Milestone 1:
Time of Completion (Elapsed in Weeks)
S. No
Activity
Milestones
1.
Award of Contract to
SI & Signing of
Contract Agreement
2.
Project
Kick-off Project KickMeeting with all the Off
Stakeholders
3.
Detailed Project Plan
including Resource
Deployment Plan
W1
W2
W3
W4
W5
W6
W7
W8
W9
W 10
W 11
W
12
W
13
W
14
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S. No
Activity
Milestones
4.
W1
W2
W3
W4
W5
W6
W7
W8
W9
W 10
W 11
W
12
W
13
W
14
Revalidation
of Milestone 1
existing
SRS
(System
Requirement
Specification)
and
Preparation of SDD
(System
Design
Document) and their
acceptance,
Prototype of the
Application Software
and Acceptance of
Prototype
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b. Milestone 2:
S.
No.
Milestones
Activity
5.
Database Creation
6.
Development
and
Integration
of
Software/ Applications
7.
Data
Entry
Digitization
8.
Comprehensive
training for Users
9.
10.
W
14
W
15
W
16
W
17
W
18
W
19
W
20
W
21
W
22
W
23
W
26
W
27
W
28
W
29
W
30
W
31
W
32
W
33
W
34
W
35
W
24
W
25
and
Hardware
Supply,
Installation
&
Commissioning
Phase – I (Pilot Rollout in 5 STPI Centre Head Quarter (Delhi),
Bangalore,
Hyderabad,
Noida,
Pune) & UAT
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c.
Milestone 3:
S.
No.
Activity
11.
d.
Milestones
Phase - II: Implementation and Rollout
remaining STPI Centres and Sub-Centres
at
W
36
W
37
W
38
W
39
W
40
W
41
W
42
W
43
W
44
W
45
Milestone
3
Milestone 4:
Activity
S. No.
12.
Operations
and
Maintenance
For 5 years** (After Commissioning)
of
Solution/
Application
** Management of Operations and Support is for 5 years - extendable based on STPI discretion.
Page 73
SECTION 9: SERVICE LEVEL AGREEMENTS
9.1.
Service Level Agreements (SLAs)
a. Intent:
i.
The aim of this agreement is to provide a basis for close co-operation between
STPI and Systems Integrator, for support services to be provided by System
Integrator to STPI, thereby ensuring a timely and efficient support service is
available to STPI end users. The objectives of this agreement are detailed in
Section-3.5.
ii.
This agreement is contingent upon each party knowing and fulfilling their
responsibilities and generating an environment conducive to the achievement
and maintenance of targeted service levels.
b. Objective:
i.
To create an environment which is conducive to a co-operative relationship
between System Integrator and STPI to ensure the effective support of end
users.
ii.
To document the responsibilities of all parties taking part in the Agreement.
iii.
To ensure that STPI achieves the provision of a high quality of service for end
users with the full support of Systems Integrator.
iv.
To define the commencement of the agreement, its initial term and the provision
for reviews.
v.
To define in detail the service to be delivered by System Integrator and the level
of service which can be expected by STPI, thereby reducing the risk of
misunderstandings.
vi.
To detail via a question list, information System Integrator requires STPI to
extract from end users prior to System Integrator involvement.
vii.
To institute a formal system of objective service level monitoring ensuring that
reviews of the agreement are based on factual data.
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viii.
To provide a common understanding of service requirements/capabilities and of
the principles involved in the measurement of service levels.
ix.
To provide for all parties to the Service Level Agreement a single, easily
referenced document which caters for all objectives as listed above.
x.
The SLAs would be applicable during the O&M Phase.
xi.
SLAs would be monitored on a quarterly basis and penalties would be imposed,
in case of breach of any of the SLAs and the same would be deducted from the
Quarterly Payment (QP).
xii.
On breach of any of the SLAs in a quarter, a penalty would be levied on the
quarterly payment due to the System Integrator/ Successful bidder. For each
breach a penalty of 5% of the quarterly payment due would be levied, with a
maximum penalty not exceeding 30% of the quarterly payment.
xiii.
The amount of penalty under this Contract shall not exceed 30% of total equated
quarterly installments (Remaining CAPEX and OPEX as mentioned in the
Payment schedule) in case of non-compliance with SLAs.
9.2.
Service Level Monitoring (SLM)
9.2.1. The Service level monitoring parameters on which the SLA shall be applicable
are as under:
S. No.
SLM1
SLM2
Metric
Expected Service Level
Remarks
Solution/ Application >=99.5%
uptime
Statistics from the SLA
Monitoring tool to be
deployed by the System
Integrator/
Successful
bidder
Average Time taken Not later than 48 hours or For minor modifications/
for
closure
of Within mutually agreed updates (effort of 8 hours)
modification/
timelines.
updation required to
the
Solution/
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S. No.
Metric
Remarks
Application
SLM3
Time
taken
for Within the timelines as STPI would require certain
updation of content, mutually agreed.
updates for circulars /
press
releases,
notifications to be uploaded
news and other
on
urgent
basis the
important items.
turnaround time for which
would be less than 2 hrs.
SLM4
For
vulnerability
attacks due to which
the whole website is
defaced/not
available
/content
changed/redirected
SLM5
SLM6
Restore website Within 8 Action must be taken to
hrs
restore the website within 8
hrs of reporting/detection of
Detection of Vulnerability such incident, else it would
and information of same
to website administrator be considered as a breach.
and department officials
Within 30 minutes
Patch Management Within 24 hours of STPI’s  Testing has to start
(for
Operating approval
within 1 working day of
System
and
release of patch subject
Database)
of approval of STPI and
availability of system
downtime. In case of
non-availability
of
downtime, a mutually
agreed
timeline
between selected SI
and STPI shall be
applicable.
 Results of testing along
with recommendations
should be submitted to
STPI for approval
Average
page <=2 seconds (for static  Measured over a leased
loading time (time web page)
circuit or equivalent of
taken between click
256 kbps download and
<=7
seconds
(for
data
of the link to the
128 kbps upload.
intensive
web
page
i.e.
complete loading of
 Automated Tests to be
reports fetching more than
performed daily during
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S. No.
Metric
Remarks
the page)
100KB of data and BI
complex analysis)
SLM7
Browser
compatibility
SLM8
Solution (including
Application
and
database) Backup
Service
SLM9
Disaster
(DR)
The solution/ application  Browser related errors
reported by users/ STPI
should function properly
should be resolved
across browsers including
within 7 days’ time.
but not limited to;
 If the reported errors
persist after the above
• Internet Explorer 5.5 and
mentioned time, it shall
above
treated
as
1(one)
• Mozilla Firefox 3.0
breach.
• Google Chrome
• Safari 4 and above
SI should ensure that the  The selected SI shall be
back-up
taken
is
required to take daily
complete, consistent and
backups and implement
correct.
replication
as
per
agreed benchmark.
The Solution/ Application  In case of significant
should be able to switch
deviation of this SLA,
seamlessly to DR site in
STPI may consider
case of primary site not
termination
of
the
being available.
contract
Recovery
SLM10 Compliance
Reports,
monitoring
peak hours
Reports to be submitted  Within 6 working hours
SLA as and when required by
of request submitted by
STPI
STPI.
9.2.2. In case of more than 10 breaches in a quarter or breach of a particular SLA metric
consecutively in 2 (two) quarters, the System Integrator has to provide the reasons
for such breaches to STPI in writing. In case of non-satisfactory reasons, STPI shall
have the right to invoke full Performance Bank Guarantee and/ or call for
termination of contract. For calculation of Penalty the total equated quarterly
installments as mentioned in the Payment schedule will be considered.
9.2.3. STPI will arrive at the quantum of breaches and applicable penalties as per the
terms & conditions of tender document before every due payment. The same will be
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communicated to the System Integrator, in case of the disagreement the System
Integrator would need to provide the justification in writing within one week to STPI.
Based on the justification given by System Integrator, STPI would invoke/relax the
penalty(ies) depending upon the merit of the case. The decision of STPI will be final
and binding for all such cases.
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SECTION 10: PAYMENT TERMS
i.
STPI intend to pay service charge as quoted by the System Integrator, upon
successful completion of rollout across all directorates. The service charge would
be paid to the System Integrator on a quarterly basis for the transactions reported in
the quarter.
ii.
System Integrator is expected to maintain data on the transaction volume without
any manual intervention and prejudice and present a quarterly report on the
transaction volume across each service, to claim the service charge.
iii.
There are two categories of services – High Volume and Low volume services. High
Volume services are currently estimated at 95% of the total external transactions,
while low volume services constitute 5% of external transactions.
iv.
No Service charge would be levied on the internal services consumed by STPI.
v.
Service Charge for Low Volume Service would be higher than the charge for High
Volume Services.
vi.
Service charge quoted by the System Integrator should be inclusive of Service Tax,
and any other transaction cost (like credit card processing fees etc).
vii.
Currently over 9,50,000 annual external transactions are estimated by STPI, and
these transactions are expected to go up with time. It is also expected that the a
few more services would be rolled out by STPI in due course of time, and the same
service charge would be applicable to them, and paid accordingly.
viii.
Besides the Per Transaction rate for Service charge quoted, the bidders are
expected to quote a CAPEX and OPEX which they intend to charge from STPI, for
system use by STPI for internal purposes.
ix.
Bidder should also quote a man-month rate for additional work that is not in the
current scope of work.
x.
In case a Bidder quotes Rs. 0/- or keeps it blank for the service charge, or
CAPEX/OPEX or Man Month rate, the bid would be considered non-responsive,
and the bidder would be dis-qualified.
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xi.
Payment Schedule
Payments will be released only on satisfactory completion of each Milestone as per the
following schedule;
S. No Payment Schedule
Fee Payable
Remarks
1.
Milestone 1: Revalidation of 10% of the CAPEX
existing SRS (System Requirement
Specification), Preparation of SDD
(System Design Document) and its
acceptance, Prototype of the
Application
Software
and
Acceptance of Prototype
Payable on successful
completion
&
acceptance
of
Milestone 2.
2.
Milestone 2: Commissioning of 15% of CAPEX
Hardware/
System
Software,
successful UAT and “Go Live” for
Pilot Phase, Submission of User
Manual (SOP) and Training to the
users
Payable on successful
completion
&
acceptance
of
Milestone 3.
3.
Milestone 3: Successful roll-out at 25% of CAPEX
all remaining centres
Payable
after
3
(Three) months of
successful completion
of Milestone 3.
4.
Quarterly Payment post successful 50% CAPEX + OPEX Linked to SLA’s &
completion of Milestone 3
divided
into
20 payable on a quarterly
quarterly installments basis.
+ Service Charge for
transactions reported
for the quarter.
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SECTION 11: GENERAL TERMS AND CONDITIONS OF CONTRACT
11.1. Interpretation
In case of any ambiguity in the interpretation of any of the clauses in the tender
document, the interpretation of the clauses by STPI shall be final and binding on all
parties.
11.2. Communications
Wherever Conditions provide for the giving or issuing of approvals, certificates,
consents, determinations, notices, requests and discharges, these communications
shall be:
i. In writing and delivered against receipt; and
ii. Delivered, sent or transmitted to the address for the recipient’s communications as
stated in the Contract.
11.3. Project Timeline
a. The System Integrator shall commence work on the Project within the period
specified and without prejudice, the System Integrator shall thereafter proceed
in accordance with the time schedule as specified in the Project Schedule
(Section-8) and any refinements made in the Agreed and Finalized Project Plan.
b. The System Integrator shall attain Completion of the project or of a part where a
separate time for Completion of such part is specified in the Contract, within the
time stated or within such extended time to which the System Integrator shall be
entitled.
c. The System Integrator can propose the changes in the timelines keeping in view
the best interest of the project to STPI. In regards to the finalization of the
proposed changes in timelines the STPI decision will be final and binding. The
changes in the Project Timeline can be proposed during the entire duration of
the project subject to approval of STPI, and if then also, after mutual agreement
of revision of timelines, the completion of project milestones is not attained
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within the stated time, it would attract penalty @0.4% of the Total Value to be
disbursed up to attainment of Milestone-3 i.e. 50% of CAPEX Quoted as
per the financial bid of the Bidder per week of delay in Milestone 1,
Milestone 2 and Milestone 3, subject to a maximum of 4% beyond which
the Contract may be liable for Termination. Further, STPI shall arrive at the
applicable penalties as per the terms & conditions of Tender document before
every due payment. The same will be communicated to the System Integrator,
in case of the disagreement the System Integrator would need to provide the
justification in writing within one week to STPI. Based on the justification given
by System Integrator, STPI would invoke/relax the penalty(ies) depending upon
the merit of the case. The decision of STPI will be final and binding for all such
cases.
d. The STPI may ask the System Integrator to continue the project after 5 years
(extension of O&M), if deemed fit by the STPI and mutually agreed by both the
parties. The extension will be on annual basis for upto 5 years on same terms
and conditions.
11.4. Systems Integrator’s Roles and Responsibilities
The System Integrator will be responsible for:
i. Preparation of Detailed Project Plan in line with the overall plan provided in the
Tender. The same should be prepared in consultation with the STPI
ii. The solution/ Application developed by the System Integrator shall be Platform
Independent.
iii. The System Integrator would accept and do all the additions/ changes/
modifications in any forms/ module/ queries/ schemes etc. as suggested by STPI
without any extra cost during the whole duration of the Project.
iv. Handholding support and the complete training schedule shall be provided by the
Systems Integrator.
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v. The System Integrator is required to do all the application development related
work on his own hardware and software within the premises of STPI throughout
Solution Development Phase.
vi. The System Integrator would provide all the hardware and software (from an
application point of view) to enable “Project Rollout”.
vii. The System Integrator shall have the application certified by STQC (or
equivalent certification by a similar Government Agency) for the quality
assurance.
viii. At the time of User Acceptance Testing (UAT), the System Integrator would
provide Brand New Enterprise Class Hardware.
ix. The System Integrator would be responsible for all the software, hardware
related patch upgrades/ release upgrades or any other up-gradation required to
successfully run the Project for the whole duration of the project.
x. Procurement, installation and commissioning of the requisite hardware & system
software as per the requirements as mentioned in this Tender
xi. Keep all system software up to date by installing regular upgrades/ patches.
xii. Provide requisite infrastructure & manpower at various locations and provide
training and technical support to the STPI.
xiii. Deployment of requisite resources for managing all the operations at various
locations and a dedicated team for the project.
xiv. Generation of MIS reports as per the requirements of STPI or related agencies
etc.
xv. Ensuring the SLAs for downtime of system, delivery of various services, errors in
data entry, etc., as defined in the Tender, are adhered to.
xvi. Training and assistance to the staff members of the STPI and related agencies
for using the developed solution.
xvii. Management and quality control of all services and infrastructure.
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xviii. Any other services which is required for the successful execution of the project.
xix. Regular Backup as per the Back-Up Schedule defined by STPI.
xx. Report any problem related to the Software and Hardware to STPI.
xxi. Data Entry, Migration and Digitization required for the successful Testing,
Modification and User Acceptance Testing inorder to achieve “Go-Live”.
xxii. Latest version of the whole Solution/ Application should be transferred to STPI
along with all the System Software (with all source codes), Hardware, necessary
documents and files at the end of the Operation & Maintenance Phase.
11.5.
Systems Integrator’s Personnel
i.
The bidder has to ensure the availability, suitability and adequacy of required
resources for STPI during the Application Development Phase and the Operation
& Maintenance phase so as to maintain the Service Level Agreement.
ii. The bidder may propose the details (as per the format prescribed in AnnexureIX) of all the resources (indicative) required for the project as per their proposed
solution.
iii. Except as the STPI may otherwise agree, no changes shall be made in the Key
Personnel as per details provided in the proposal without prior, written approval
of STPI.
iv. If, for any reason beyond the control of the Systems Integrator, it becomes
necessary to replace any of the Key Personnel, the System Integrator shall
forthwith provide, as a replacement a person with equivalent or better
qualifications and experience, after taking prior written approval of STPI.
v. If STPI:
1) Finds that any of the Personnel has committed serious misconduct or has been
charged with having committed a criminal action, or
2) Has reasonable cause to be dissatisfied with the performance of any of the
personnel, the System Integrator shall, at the STPI’s written request specifying
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the grounds therefore, forthwith provide as a replacement a person with
qualifications and experience acceptable to the STPI.
vi. The System Integrator shall have no claim for additional costs arising out of or
incidental to any removal and/or replacement of Personnel.
11.6. STPI’s roles and responsibilities
It will be the responsibility of the STPI:
i. To create a dedicated team for overall supervisory and co-ordination for the
project including data supply, data verification, data analysis, MIS, etc.
ii. Provide office space to the System Integrator along with Internet Facility and
space for Help-Desk.
iii. Approval/ Acceptance of revalidated the existing SRS and the preparation of
System Design Document.
iv. To monitor detailed SLAs and defined policies.
v. To compile the feedback on application modules received from various users.
vi. Freezing of change requests/ additions/ modification of application software.
vii. To monitor the maintenance of proper records for inventory, stocks, receipt of
infrastructure etc.
viii. To monitor computation of penalties, release of payments.
ix. Verification of data digitization.
x. End user machines and backbone connectivity would be provided by STPI
11.7. Liquidated Damages
System Integrator shall commence the work and shall execute the project as per
time frame mutually agreed upon in the contract. If the completion of the project
milestones is not attained within the stated time, it would attract penalty @0.4% of
the Total Value to be disbursed up to attainment of Milestone-3 i.e. 50% of
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CAPEX Quoted as per the financial bid of the Bidder per week of delay in
Milestone 1, Milestone 2 and Milestone 3, subject to a maximum of 4%
beyond which the Contract may be liable for Termination. Further, STPI shall
arrive at the applicable penalties as per the terms & conditions of Tender
document before every due payment. The same will be communicated to the
System Integrator, in case of the disagreement the System Integrator would need
to provide the justification in writing within one week to STPI. Based on the
justification given by System Integrator, STPI would invoke/relax the penalty(ies)
depending upon the merit of the case. The decision of STPI will be final and
binding for all such cases.
11.8.
Use of Contract Documents and Information
i. The System Integrator shall not disclose the Contract or any provision thereof or
any specification, plan, drawing, pattern, sample or information furnished by or
on behalf of the STPI in connection therewith, to any person other than a person
employed by the System Integrator in the performance of the Contract.
ii. The System Integrator shall, only with a prior written consent of STPI, make use
of any document or information made available for the project, except for
purposes of performing the Contract.
iii. All project related documents issued by STPI, other than the Contract itself, shall
remain the property of the STPI and shall be returned (in all copies) to STPI, on
completion of the Systems Integrator’s performance under the Contract if so
required by STPI.
11.9. Taxes and Duties
The System Integrator shall be entirely responsible for all taxes, duties, levies, license
fees, octroi, etc., as applicable as per the statutory requirements throughout the
duration of the project for all products and services.
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11.10. Intellectual Property Rights (IPR)
During the Operation phase, the responsibility to maintain the IPR of the Application(s)
provided by the System Integrator would lie with the System Integrator and the System
Integrator will transfer the IPR to the STPI or its nominated agency during the Transfer
stage.
11.11. Ownership and Title
Title to the minor enhancements, point updates and documentation, including ownership
rights to patents, copyrights, trademarks and trade secrets therein shall be the exclusive
property of the STPI.
11.12. Reverse Engineering
The operator shall not reverse engineer any minor, major enhancement or point update.
11.13. Confidentiality
The System Integrator hereby acknowledges that the minor enhancements, point
updates, and documentation may contain information that may be trade secret and
proprietary to the STPI. The System Integrator hereby agrees not to disclose such
information except to persons and organizations expressly authorized by STPI to
receive such information. The System Integrator shall not remove or alter any copyright
notices or proprietary legends affixed by the STPI to such minor enhancements, point
updates or documentation.
11.14. Copies
The System Integrator shall make available to the STPI an additional copy of the minor
enhancements, point updates and documentation for back-up as and when needed by
STPI
for
all
proposed
applications
(solution/
application
and
custom-made
developments):
i. A copy of the application with current source code (and the means of compiling
that code)
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ii. A copy of all applications and all versions of source code (and the means of
compiling that code)
iii. A copy of the source code for each application upgrade acquired (and the
means of compiling that code)
iv. Copies of the current and upgrade design documents or technical documents
that can be used by IT staff in supporting the applications or in making
modifications to existing code.
v. Any other artifacts created for/ during the assignment
11.15. Software services and license agreements
The licenses of all software to be deployed as part of the project would be perpetual
licenses and in the name of the STPI and the original copy of the same shall be
deposited by the System Integrator at the office of the STPI after signing of the contract
and before the installation of the software at any of the sites.
11.16. Confidential information
i. The STPI (“the Disclosing Party”) and the System Integrator (“the Receiving
Party”) shall keep confidential and shall not, without the written consent of the
other Party hereto, divulge to any third party any documents, data or other
information furnished directly or indirectly by the other party hereto in connection
with the Contract (Confidential Information), whether such information has been
furnished prior to, during or following termination of the Contract.
ii. The System Integrator is deemed to be the Receiving Party of Confidential
Information generated by the System Integrator itself in the duration of the
performance of its obligations under the Contract and relating to the businesses,
finances, vendors, employees, or other contracts of the STPI
iii. The STPI shall not, without the System Integrator’s prior written consent, use any
Confidential Information received from the System Integrator for any purpose
other than the operation and maintenance of the project. Similarly, the System
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Integrator shall not, without the STPI’s prior written consent, use any Confidential
Information received from the STPI for any purpose other than those that are
required for the performance of the Contract.
11.17.
Project Planning and Performance
i. The Agreed and Finalized Project Plan (in case of changes, if any) will be
prepared by the System Integrator and approved by the STPI.
ii. If required, the impact on the Implementation Schedule of modifications agreed
during finalization of the Agreed and Finalized Project Plan shall be incorporated
in the Contract by amendment.
iii. System Integrator shall undertake to supply, install, test, and commission the
Services in accordance with the Agreed and Finalized Project Plan.
iv. The progress report and other reports shall be prepared by the System Integrator
and submitted to the STPI in the format and frequency specified.
v. If at any time the System Integrator’s actual progress falls behind the project
schedule described in the Agreed and Finalized Project Plan, or it becomes
apparent that it will so fall behind, the System Integrator shall, at the request of
the STPI, prepare and submit to STPI a revised project schedule, taking into
account the prevailing circumstances, and shall notify STPI of the steps being
taken to expedite progress so as to attain completion of the facilities within the
stated time for completion.
vi. The Department, as per rules, through its officials can undertake audit of the
information provided by the System Integrator at any point of time. The System
Integrator must provide support and access to the data and its offices meant for
the project. In case of any dispute, STPI’s decision will be final and binding on
the System Integrator.
vii. In case the STPI through audit or otherwise finds that the System Integrator has
purposefully committed any irregularity, STPI has the right to terminate the
contract with immediate effect and revoke the PBG.
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11.18. Product upgrades
At any point during performance of the Contract, should technological advances be
introduced by the System Integrator for the IT Services originally offered by the System
Integrator in its bid and is still to be delivered, the System Integrator shall be obligated
to offer to the STPI the latest versions of the available technology having equal or better
performance or functionality at the same or lesser unit prices.
11.19. Inspection and Testing
The STPI reserves the right of inspection of processes being followed by the System
Integrator anytime during the whole duration of the project.
The STPI reserves the right to inspect, test and, wherever necessary, reject the
software delivered and deployed at Project Site as provided by STPI. This shall in no
way be limited or waived by reason of the Hardware having previously been inspected,
tested and passed by the STPI or its representative prior to the Hardware supply.
11.20. Commissioning and User Acceptance
i. Commissioning of the Project shall be commenced by the System Integrator
immediately after Acceptance Certificate is issued by STPI. The STPI shall
depute the personnel and provide all materials and information reasonably
required to enable the System Integrator to carry out its obligations with respect
to Commissioning of project. Production use of the IT or Services shall not
commence prior to the start of the formal Acceptance Testing.
ii. The User Acceptance Tests shall be the primary responsibility of the STPI,
but shall be conducted with the full cooperation of the System Integrator during
Commissioning of the Solution to ascertain whether they conform to the
requirements and meets the standard of performance quoted in the System
Integrator’s bid, including, but not restricted to, the functional and technical
performance requirements. If for reason attributable to the STPI, the
Acceptance Test of the Solution cannot be successfully completed within the
period specified, from the date of Installation or any other period agreed upon in
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writing by the STPI and the Systems Integrator, the System Integrator shall be
deemed to have fulfilled its obligations with respect to the technical and
functional aspects.
iii. If the Solution fails to pass the User Acceptance Test(s) then STPI may
consider terminating the contract, unless or otherwise the failure to achieve the
Acceptance within the specified time period is due to internal delays or any
other reasons attributed to STPI.
11.21. Completion Time Guarantee
The System Integrator guarantees that it shall complete the Commissioning of project
within the time periods specified in the Implementation Schedule and/ or Agreed and
Finalized Project Plan or within such extended time to which the System Integrator shall
be entitled to.
11.22. Care of IT products and/or services
The System Integrator shall be responsible for the care and custody of the IT Products/
Solution and/or Services or any part thereof for the whole duration of the project, and
shall make good at its own cost any loss or damage that may occur to the IT Products/
Solution and/or Services or the relevant part thereof from any cause whatsoever during
such period.
11.23. Defect liability
The System Integrator warrants that all Services/ Products to be delivered under this
contract:
i. Shall be free from defects in the design and workmanship;
ii. Are newly manufactured, unused, and incorporate all recent material
improvements in design;
iii. Complies with or exceeds the technical specifications; and
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iv. Commercial warranty provisions of products supplied under the contract shall
apply to the extent that they do not conflict with the provisions of this Contract.
11.24. Indemnity
The System Integrator hereby represents and warrants that:
i. The Services/Products as supplied, installed, tested and accepted;
ii. Use of the Services/Products in accordance with the Contract; and
iii. Copying of the Software and Documentation provided to the STPI in
accordance with the Contract.
iv. Do not and will not infringe any Intellectual Property Rights held by any third
party and that it has all necessary rights or at its sole expense shall have
secured in writing all transfers of rights and other consents necessary to make
the assignments, licenses, and other transfers of Intellectual Property Rights
and the warranties set forth in the Contract, and for the STPI to own or exercise
all Intellectual Property Rights as provided in the Contract.
v. Without limitation, the System Integrator shall secure all necessary written
agreements, consents, and transfers of rights from its employees and other
persons or entities whose services are used for Project execution.
11.25. Limitation of Liability
Except in cases of criminal negligence or willful misconduct and Intellectual Property
Rights Indemnity claims:
i.
Neither Party shall be liable to the other Party, whether in contract, tort, or
otherwise, for any indirect or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, which may be suffered by the other
Party in connection with the Contract, other than specifically provided as any
obligation of the Party in the Contract, and
ii. The aggregate liability of the System Integrator to the STPI, whether under the
Contract, in tort or otherwise, shall not exceed the Contract Price, provided that
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this limitation shall not apply to any obligation of the System Integrator to
indemnify the STPI with respect to patent infringement.
11.26. Criminal Charges and Conviction
The System Integrator warrants that it has disclosed and will continue to disclose during
the term of this Contract full details of all criminal convictions and all pending criminal
charges against it or any of its personnel and associates that would reasonably be
expected to adversely affect the System Integrator or the Systems Integrator’s capacity
to fulfill its obligations under this contract.
11.27. Litigation
The bidder should provide information on any litigation (Section-12.15, Annexure XV). If
at any stage of bidding process or during the currency of the contract, any suppression /
concealment/ falsification of such information comes to the knowledge of STPI, the
STPI shall have the right to reject the bid & forfeit the EMD, evoke the PBG or terminate
the contract, as the case may be, without any compensation to the bidder. Any
payments due to the System Integrator shall also be forfeited. The decision of STPI
shall be final and binding in this regard.
11.28. Loss of or Damage to Property; Accident or Injury to Workers
The System Integrator shall abide by the job safety, insurance, customs, and
immigration measures prevalent and laws in force in the India
The System Integrator shall indemnify and hold the STPI and its employees and officers
harmless from and against any and all suits, actions or administrative proceedings,
claims, demands, losses, damages, costs, and expenses of whatsoever nature,
including attorney’s fees and expenses, in respect of the death or injury of any person
or loss of or damage to any property by reason of the negligence of the System
Integrator or its employees, officers or agents.
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11.29. Insurance
The System Integrator shall maintain standard forms of comprehensive insurance
including liability insurance, system and facility insurance and any other insurance for
the personnel, assets, data, software, etc. for the entire duration of the service contract
and submit the list of all the insured items to the STPI prior to the start of operations.
11.30. Unforeseen Conditions
If, during the execution of the Contract, the System Integrator shall encounter on the
Site any physical conditions other than climatic conditions, or artificial obstructions that
could not have been reasonably foreseen prior to the date of the Contract by an
experienced System Integrator on the basis of reasonable examination of the data
relating to the Project and on the basis of information that it could have obtained from a
visual inspection of the Site if access thereto was available, or other data readily
available to it relating to the project, and if the System Integrator determines that it will in
consequence of such conditions or obstructions incur additional cost and expense or
require additional time to perform its obligations under the Contract that would not have
been required if such physical conditions or artificial obstructions had not been
encountered, the System Integrator shall promptly, and before performing additional
work or using additional Systems Integrator’s Equipment, notify the STPI in writing of:
i. The physical conditions or artificial obstructions on the Site that could not have
been reasonably foreseen;
ii. The additional work required, including the steps which the System Integrator will
or proposes to take to overcome such conditions or obstructions;
iii. The extent of the anticipated delay; and
iv. The additional cost and expense that the System Integrator is likely to incur.
11.31. Force majeure
i. Neither Party to this Agreement or to the SLA shall be liable to the other for any
loss or damage which may be suffered by the other due (directly) to the extent
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and for the duration of any cause beyond the reasonable control of the Party
unable to perform ("Force Majeure") events such as but not limited to acts of
God not confined to the premises of the Party claiming the Force Majeure,
flood, drought, lightning or fire, earthquakes, strike, lock-outs beyond its control,
labor disturbance not caused at the instance of the Party claiming Force
Majeure, acts of government or other competent authority, war, terrorist
activities, military operations, riots, epidemics, civil commotions etc. No failure,
delay or other default of any System Integrator to either Party shall entitle such
Party to claim Force Majeure.
ii. The Party seeking to rely on Force Majeure shall promptly, within 2 days, notify
the other Party of the occurrence of a Force Majeure event as a condition
precedent to the availability of this defense with particulars detail in writing to
the other Party and shall demonstrate that it has and is taking all reasonable
measures to mitigate the events of Force Majeure.
iii. In the event the Force Majeure substantially prevents, hinders or delays the
Systems Integrator's performance of Services necessary for the operation of
Project’s critical business functions for a period in excess of 5 days, the STPI
may declare that an emergency exists. The STPI will issue a notice to the
System Integrator to resume normal services at all affected sites and for all
operations within a period of 7 days. In the event that the System Integrator is
not able to resume services within the next 7 days, the STPI may terminate the
Agreement and/or obtain substitute performance from an alternate Systems
Integrator. However, the event of Force Majeure is to be reviewed under two
categories i.e. prior to commencement of operations and post commencement
of operations respectively.
iv. Prior to commencement of operations: If the event of Force Majeure
occurs prior to commencement of operations and continues for a period in
excess of 10 days, then the STPI will grant a period of 7 days to the System
Integrator to resume normal activities under this Agreement. In case the
default continues, then the STPI may discuss the issue with the System
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Integrator and revise the existing timelines for the Project. If the System
Integrator does not complete the Project in accordance with the revised
timeless, the STPI will have the option to invoke the EMD / Performance Bank
Guarantee and/or terminate this Agreement
v. Post commencement of operations: If Force Majeure occurs post
commencement of operations and continues for a period in excess of five
days, then the STPI will grant a period of 7 days to the System Integrator to
resume normal services under this Agreement. In case the default continues,
the STPI may grant an extension of time to the System Integrator for rectifying
the situation. However, the STPI will deduct for each day of the extension
period a percentage proportionate to the number of days and the affected
areas/s from the next payable amount as per Payment Schedule. If there is
any further delay despite the extended period, the STPI will have the option to
invoke the EMD / Performance Bank Guarantee and/or terminate the
Agreement.
vi. Notwithstanding the terms of this section, the failure on the part of the System
Integrator under the SLA or Project Engagement Definition under the SLA to
implement any disaster contingency planning and back-up and other data
safeguards in accordance with the terms of the SLA or Project Engagement
Definition against natural disaster, fire, sabotage or other similar occurrence
shall not be an event of Force Majeure.
11.32. Extension of Time for Completion
The Time for Completion shall be considered for extension, if any of the Milestone is
delayed or impeded in the performance of obligations of System Integrator under the
contract by reason of any of the following:
i.
Any occurrence of Force Majeure or unforeseen conditions
ii. Any changes in laws and regulations
iii. Any internal delays on the part of STPI.
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iv. By such period as shall be fair and reasonable in all the circumstances and as
shall fairly reflect the delay or impediment sustained by the Systems Integrator.
11.33. Suspension
i. No order of suspension of implementing System Integrator would be issued by
the STPI, except after conducting an enquiry by STPI, authorized in this regard.
ii. The grounds for suspension of implementing System Integrator may include inter
alia:
1) Contravention of the conditions/clauses as would be specified in the
Contract.
2) Inability to perform the duties and requirements as would be specified
in the contract.
11.34. Termination
The STPI, without prejudice to any other rights or remedies it may possess, may
terminate the Contract forthwith in the following circumstances by giving a notice
of termination of 30 days and its reasons therefore to the Systems Integrator:
i. If the System Integrator becomes bankrupt or insolvent, has a receiving order
issued against it, compounds with its creditors, or, if the System Integrator is a
corporation, a resolution is passed or order is made for its winding up, (other than
a voluntary liquidation for the purposes of amalgamation or reconstruction), a
receiver is appointed over any part of its undertaking or assets, or if the System
Integrator takes or suffers any other analogous action in consequence of debt;
ii. If the Systems Integrator, in the judgment of the STPI has engaged in corrupt,
fraudulent, coercive or collusive practices in competing for or in executing the
Contract, including but not limited to willful misrepresentation of facts concerning
ownership of Intellectual Property Rights in, or proper authorization and/or
licenses from the owner to offer the hardware, software, or materials provided
under the Contract.
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iii. If the System Integrator is unable to deliver the services as per the SLA’s defined
in section 9, then STPI may serve a 30 days written notice for curing the breach.
In case, the breach of SLA’s continues after the expiry of such notice period,
STPI will have the option to terminate this Contract.
iv. If the Systems Integrator:
1) Has abandoned or repudiated the Contract;
2) Has without valid reason failed to commence work on the project promptly;
3) Persistently fails to execute the Contract in accordance with the Contract or
persistently neglects to carry out its obligations under the Contract without
just cause;
4) Refuses or is unable to provide sufficient Documentation, Services, or labor
to execute and complete the project in the manner specified in the Agreed
and Finalized Project Plan
v. Then the STPI may, without prejudice to any other rights it may possess under
the Contract, give a notice to the System Integrator stating the nature of the
default and requiring the System Integrator to remedy the same. If the System
Integrator fails to remedy or to take steps to remedy the same within Thirty (30)
days of its receipt of such notice, then the STPI may terminate the Contract
forthwith by giving a notice of termination to the System Integrator
1) Upon receipt of the notice of termination, the System Integrator shall, either
immediately or upon such date as is specified in the notice of termination,
2) Cease all further work, except for such work as the STPI may specify in the
notice of termination for the sole purpose of protecting that part of the
project already executed, or any work required to leave the Site in a clean
and safe condition;
3) Deliver to the STPI the part of the project executed by the System Integrator
up to the date of termination;
Page 98
4) To the extent legally possible, assign to the STPI all rights, title and benefit
of the System Integrator to the Project as of the date of termination, and, as
may be required by the STPI
5) Deliver to the STPI all drawings, specifications, and other documents
prepared by the System Integrator as of the date of termination in
connection with the Project.
11.35. Effects of Termination
i.
In the event that STPI terminates this Agreement pursuant to failure on the part
of the System Integrator to comply with the conditions as contained in this Clause
and depending on the event of default, Performance Guarantee furnished by
System Integrator may be forfeited.
ii.
Upon termination of this Agreement, the Parties will comply with the Exit
Management Schedule set out as Schedule III of this Agreement.
iii.
In the event that STPI or the System Integrator terminates this Agreement, the
compensation will be decided in accordance with the Terms of Payment Terms
set out under Section 10.
iv.
STPI agrees to pay System Integrator for i) all charges for Services System
Integrator provides and any Deliverables and/or system (or part thereof) System
Integrator delivers through termination, and ii) reimbursable expenses System
Integrator incurs through termination. If STPI terminates without cause, STPI also
agrees to pay any applicable adjustment expenses System Integrator incurs as a
result of such termination (which System Integrator will take reasonable steps to
mitigate).
11.36. Change Orders/Alterations/Variation
The System Integrator agrees that the requirements of the Bidding Documents are
minimum requirements and are in no way exhaustive and guaranteed STPI. It shall be
the responsibility of the System Integrator to meet all the requirements contained in the
Bidding Documents and any upward revisions and/or additions of quantities,
Page 99
specifications sizes given in Specifications and drawings etc. of the Bidding Documents
required to be made during execution of the works shall not constitute a change order
and shall be carried out without a change order and shall be carried out without any
time and cost effect to STPI. Further upward revisions and or additions required make
System Integrator selected equipment and installation procedures to meet Bidding
Documents requirements expressed and to make entire facilities safe, operable and as
per specified codes and standards shall not constitute a change order and shall be
carried out without any time and cost effect to STPI. Any upward revision and/or
additions consequent to errors, omissions, ambiguities, discrepancies in the
specification and Drawings etc. of the Bidding Documents which the System Integrator
had not brought out to the STPI’s notice in his Tender shall not constitute a change
order and such upward revisions and/or addition shall be carried out by System
Integrator without any time and cost effect to STPI.
I.
Change Order
a. The change order will be initiated only in case (i) the STPI directs in writing the
System Integrator to include any addition to the scope of work covered under this
Contract or delete any part of the scope of the work under the Contract, (ii) System
Integrator requests to delete any part of the work which will not adversely affect the
operational capabilities of the facilities and if the deletions proposed are agreed to by
the STPI and for which cost and time benefits shall be passed on to the STPI, (iii) the
STPI directs in writing the System Integrator to incorporate changes or additions to
the Design Criteria requirements already covered in the Contract.
b. Any changes required by the STPI over and above the minimum requirements given
in the specifications and drawings etc. included in the Bidding Documents before
giving its approval to detailed design or Engineering for complying with design
criteria and changes required to ensure systems compatibility and reliability for safe
(As per codes, standards and recommended practices referred in the Bidding
Documents) and trouble free operation shall not be construed to be change in the
Scope of work under the Contract.
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c. Any change order as stared in Clause 11.36.1.b. comprising an alteration which
involves change in the cost of the works (which sort of alteration is hereinafter called
a “Variation”) shall be the Subject of an amendment to the Contract by way of an
increase or decrease in the Contract Price and adjustment of the implementation
schedule if any.
d. If the Contract provides applicable rates for the valuation of the variation in question
the Contract price shall subject to Clause 11.36.1.b. be increased or decreased in
accordance with those rates.
e. If parties agree that the Contract does not contain applicable rates or that the said
rates are inappropriate or the said rates are not precisely applicable to the variation
in question, then the parties shall negotiate a revision of the Contract Price which
shall represent the change in cost of the works caused by the Variations. Any
change order shall be duly approved by the STPI in writing.
f. If there is a different of opinion between the System Integrator and STPI’s
Representative whether a particular work or part of the work constitutes a change
order or not, the matter shall be handled in accordance with the procedures set forth
in Clause 11.36.2.k.
g. Within ten (10) working days of receiving the comments from the STPI or the
drawings, specification, purchase requisitions and other documents submitted by the
System Integrator for approval, the System Integrator shall respond in writing, which
item(s) of the Comments is/are potential changes(s) in the “Scope of work” of the
Tender document covered in the Contract and shall advise a date by which change
order (if applicable) will be submitted to the STPI.
II.
Procedures For Change Order
a. During detailed Engineering and subsequently, if the System Integrator observes
that any new requirement which is other than that required for meeting the design
criteria is not specific or intended by the Contract has been stipulated by the STPI,
while approving the specifications, calculations, purchase requisitions, other
documents etc. he would verbally discuss the matter with STPI’s Representative.
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b. In case such requirement arises from the side of the System Integrator, he would
also verbally discuss the matter with STPI’s Representative giving reasons thereof.
c. In either of the two cases as explained in Clause 11.36.2 (a) and (b) above, the
representatives of both the parties will discuss on the new requirement for better
understanding and to mutually decide whether such requirement constitutes a
change order or not.
d. If it is mutually agreed that such Requirement constitutes a “Change Order” then a
joint memorandum will be prepared and signed by the System Integrator and STPI
to confirm a “Change Order” and basic ideas of necessary agreed arrangement.
e. System Integrator will study the work required in accordance with the joint
memorandum under Clause 11.36.2.(d) and assess Subsequent schedule and cost
effect, if any.
f. Upon completion of the study referred to above under Clause 11.36.2.(e), the results
of this study along with all relevant details including the estimated time and cost
effect thereof with supporting documents would be submitted to the STPI to enable
the STPI to give a final decision whether System Integrator should proceed with the
change order or not in the best interest of the works.
g. The estimated cost and time impact indicated by System Integrator shall be
considered as a ceiling limit and shall be provisionally considered for taking a
decision to implement change order.
h. The time impact applicable to the Contract shall be mutually agreed, subsequently,
on the basis of the detailed calculations supported with all relevant back up
documents.
i.
In case System Integrator fails to submit all necessary substantiation/calculations
and back up documents, the decision of the STPI regarding time and cost impact
shall be final and binding on the System Integrator.
j.
If STPI accepts the implementation of the change order under Clause 11.36.2 (f)
above in writing, which would be considered as change order, then System
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Integrator shall commence to proceed with the relevant work stipulated in the
change order pending final agreement between the parties with regard to adjustment
of the Contract Price and the Construction Schedule.
k. In case, mutual agreement under Clause 11.36.2 (d) above, i.e. whether new
requirement constitutes the change order or not, is not reached, then System
Integrator in the interest of the works, shall take up the implementation of the work, if
advised in writing to do so by STPI’s Representative pending settlement between
the two parties to the effect whether such requirement constitutes a change order or
not as per the terms and conditions of Contract documents. The time and cost
effects in such a case shall be mutually verified and recorded. Should it establish
that the said work constitutes a change order, the same shall be compensated
taking into account the records kept in accordance with the Contract.
The System Integrator shall submit necessary back up documents for the change order
showing the break-up of the various elements (e.g. Engineering, Procurement,
Development, Installation, etc.) constituting the change order for the STPI’s review. If no
agreement is reached between the STPI and System Integrator within 60 days after
STPI’s
instruction in writing to carry out the change concerning
the increase or
decrease in the Contract price and all other matters described above, either party may
refer the dispute to arbitration.
III.
Conditions for Extra Work/Change Order
The provisions of the Contract shall apply to extra work performed as if the Extra work /
Change order has been included in the original Scope of work. However, the Contract
Price shall increase / decrease and the Construction Schedule shall be adjusted on
account of the Extra work / Change orders as may be mutually agreed in terms of
provisions set forth in Clause 11.36.1 through 11.36.2 above. The System Integrator
obligations with respect to such work remain in accordance with the Contract.
The extra work shall not be included in the Contract price for the purpose of calculations
of liquidated damages. For Extra works/ Change order, if implemented on day work
basis, cost of testing shall also be payable by the STPI.
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11.37. Exit management
i.
Purpose
a. This clause sets out the provisions which will apply on expiry or termination of the
“Contract Agreement”, the “Project Implementation, Operation and Management
SLA (Service Level Agreement)” and “SOW (Scope of Work)”.
b. In the case of termination of the Project Implementation and/or Operation and
Management SLA or SOWs due to illegality, the Parties (‘STPI’, ‘Systems
Integrator’) shall agree at that time whether, and if so during what period, the
provisions of this clause shall apply.
c. The Parties shall ensure that their respective associated entities, in case of the
STPI or its nominated agencies and Systems Integrator, carry out their
respective obligations set out in this Exit Management Clause.
ii.
Transfer of Assets
a. The System Integrator shall be entitled to use the Facilities for the duration of the
exit management period.
b. The STPI during the Project Implementation Phase and Operation and
Management Phase shall be entitled to serve notice in writing on the System
Integrator at any time during the exit management period requiring the System
Integrator to provide the STPI with a complete and up to date list of the Assets
within 30 days of such notice. All the Assets detailed in the list shall be
transferred to STPI within the time period as indicated to the System Integrator
by STPI.
c. Upon service of a notice as mentioned in point above, the following provisions
shall apply:
a) In the event, if the Assets to be transferred are mortgaged to any financial
institutions by the Systems Integrator, the System Integrator shall ensure that
all such liens and liabilities have been cleared beyond doubt, prior to such
Page 104
transfer. All documents regarding the discharge of such lien and liabilities
shall be furnished to the STPI or its nominated agencies.
b) All risk in and title to the Assets to be transferred to be purchased by the STPI
or its nominated agencies pursuant to Clause (ii) above, shall be transferred
to the STPI or its nominated agencies, on the last day of the exit management
period.
c) That on the expiry of this clause, the System Integrator and any individual
assigned for the performance of the services under this clause shall handover
or cause to be handed over all Confidential Information and all other related
materials in its possession, including all the hardware supplied by System
Integrator under this clause to the STPI.
d) That the products and technology delivered to the STPI during the contract
term or on expiry of the contract duration should not be sold or re-used or
copied or transferred by System Integrator without prior written notice and
approval of the STPI. All hardware supplied on upfront payment basis,
software & documents etc. used by System Integrator for the STPI shall be
the legal properties of the STPI.
iii.
Cooperation and Provision of Information
During the exit management period:
a. The System Integrator will allow the STPI or its nominated agencies access to
information reasonably required to define the then current mode of operation
associated with the provision of the services to enable it to assess the existing
services being delivered;
b. Promptly on reasonable request by the STPI or its nominated agencies, the
System Integrator shall provide access to and copies of all information held or
controlled by it, the Project Implementation, the Operation and Management SLA
and SOWs relating to any material aspect of the services (whether provided by
Page 105
the Systems Integrator). The STPI or its nominated agencies shall be entitled to
copy all such information. Such information shall include details pertaining to the
services rendered and other performance data. The System Integrator shall
permit the STPI or its nominated agencies and/or any Replacement System
Integrator to have reasonable access to its employees and facilities as
reasonably required to understand the methods of delivery of the services
employed by the System Integrator and to assist appropriate knowledge transfer.
iv.
Confidential Information, Security and Data
a. The System Integrator will promptly on the commencement of the exit
management period supply to the STPI or its nominated agencies the following:
1) Information relating to the current services rendered and user satisfaction
surveys and performance data relating to the performance in relation to the
services;
2) Documentation relating to Intellectual Property Rights;
3) The STPI data and confidential information;
4) All current and updated departmental data as is reasonably required for
purposes of STPI or its nominated agencies transitioning the services to its
System Integrator in a readily available format; and
5) All other information (including but not limited to documents, records and
agreements) relating to the services reasonably necessary to enable STPI or
its nominated agencies, or its System Integrator to carry out due diligence in
order to transition the provision of the Services to STPI or its nominated
agencies, or its System Integrator (as the case may be).
b. Before the expiry of the exit management period, the System Integrator shall
deliver to the STPI or its nominated agencies all new or up-dated materials from
the categories and shall not retain any copies thereof, except that the System
Integrator shall be permitted to retain one copy of such materials for archival
purposes only.
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c. Before the expiry of the exit management period, the STPI or its nominated
agencies shall deliver to the System Integrator all forms of System Integrator
confidential information which is in the Possession or Control of the STPI or its
nominated agencies or its users.
v.
Employees
a. Promptly on reasonable request at any time during the exit management period,
the System Integrator shall, subject to applicable laws, restraints and regulations
(including in particular those relating to privacy) provide to the STPI or its
nominated agencies a list of all employees (with job titles) of the System
Integrator 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 System Integrator to
the STPI or its nominees, or a Replacement System Integrator ("Transfer
Regulation") applies to any or all of the employees of the Systems Integrator,
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
Systems Integrator, the STPI or its nominated agencies, or its Replacement
System Integrator may make an offer of employment or contract for services to
such employee of the System Integrator and the System Integrator shall not
enforce or impose any contractual provision that would prevent any such
employee from being hired by the STPI or its nominated agencies or any
Replacement Systems Integrator.
vi.
Transfer of Certain Agreements
On request by the STPI or its nominated agencies, the System Integrator shall effect
such assignments, transfers, innovations, licenses and sub-licenses as required in favor
of the STPI or its nominated agencies, or its Replacement System Integrator in relation
to any equipment lease, maintenance or service provision agreement between System
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Integrator and third party lessors, Systems Integrator/Successful Bidders, or Systems
Integrator, and which are related to the services and reasonably necessary for the
carrying out of replacement services.
vii.
Right of Access to Premises
a. At any time during the exit management period, where Assets are located at the
Systems Integrator’s premises, the System Integrator will be obliged to give
reasonable rights of access to the STPI or its nominated agencies, and/or any
Replacement Systems Integrator.
b. The System Integrator shall also give the STPI or its nominated agencies, or any
Replacement System Integrator right of reasonable access to the Systems
Integrator’s premises and shall procure the STPI or its nominated agencies and
any Replacement System Integrator rights of access to relevant third party
premises during the exit management period and for such period of time as is
reasonably necessary to migrate the services to the STPI or its nominated
agencies, or a Replacement Systems Integrator.
viii.
General Obligations of the System Integrator
a. The System Integrator shall provide all such information as may reasonably be
necessary to effect handover as practicable in the circumstances to the STPI or
its nominated agencies or its replacement System Integrator and which the
System Integrator has in its possession or control at any time during the exit
management period.
b. The System Integrator shall commit adequate resources to comply with its
obligations under this Exit Management Clause.
ix.
Exit Management Plan
a. The System Integrator shall provide the STPI or its nominated agencies with a
recommended exit management plan ("Exit Management Plan") which shall deal
with at least the following aspects of exit management as a whole and in relation
to the Project Implementation, the Operation and Management SLA and SOWs.
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1) A detailed programme of the transfer process that could be used in
conjunction with a Replacement System Integrator 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; and
2) Plans for communication with such of the Systems Integrator's staff,
suppliers, users and any related third party as are necessary to avoid any
material detrimental impact on STPI’s operations as a result of undertaking
the transfer; and
3) If applicable, proposed arrangements for the segregation of the Systems
Integrator's networks from the networks employed by the STPI or its
nominated agencies and identification of specific security tasks necessary at
termination; and
4) Plans for provision of contingent support to the STPI or its nominated
agencies, and Replacement System Integrator for a reasonable period after
transfer for the purposes of providing service for replacing the Services.
b. Exit Management Plan shall be presented by the System Integrator to and
approved by the STPI or its nominated agencies.
c. During the exit management period, the System Integrator shall use its best
efforts to deliver the services.
d. Payments during the Exit Management period shall be made in accordance with
the Terms of Payment Clause.
e. The Exit Management plan shall be furnished in writing to the STPI within 90
days.
11.38. Arbitration
i. All disputes, differences, claims and demands arising under this contract
agreement shall be referred to arbitration of a sole arbitrator to be appointed by
the Director General, STPI.
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ii. The provisions of the Arbitration and Conciliation Act, 1996 shall 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. Such differences shall
be deemed to be a submission to arbitration under the Indian Arbitration and
Conciliation Act, 1996, or of any modifications, Rules or re-enactments thereof.
11.39. Jurisdiction
i.
If any dispute of any kind whatsoever, and not resolved through arbitration,
arises between the STPI and the System Integrator in connection with or arising
out of the Contract, including without prejudice to the generality of the foregoing,
any question regarding its existence, validity, or termination, the parties shall
seek to resolve any such dispute or difference by mutual consultation. If the
parties fail to resolve such a dispute or difference by mutual consultation then all
the litigation and proceedings, if arises at any time should be subject to
jurisdiction of Delhi High Court only.
ii. This guarantee shall be governed by and construed in accordance with the
Indian Laws and STPI 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
Page 110
SECTION 12: ANNEXURE (FORMS AND FORMATS)
12.1. Covering Letter – Tender Document (Format)
Annexure-I
To be submitted on the Letterhead of the responding firm)
{Place}
{Date}
To,
The Director,
Ref: Tender no ___________ dated ________
Subject: Covering Letter for the proposal for “Selection of System Integrator for
Computerization of STPI”.
Dear Sir,
1. Having examined the Tender document, we, the undersigned, herewith submit our
proposal
in
response
to
your
Tender
no._____________________dated
____________ for “Computerization of STPI”, in full conformity with the said
Tender document.
2. We have read the provisions of the Tender document and confirm that these are
acceptable to us. We further declare that additional conditions, variations,
deviations, if any, found in our proposal shall not be given effect to.
3. We agree to abide by this proposal, consisting of this letter, the detailed response
to the Tender and all attachments, for a period of 180 days from the closing date
fixed for submission of proposals as stipulated in the Tender document.
4. The Earnest Money Deposit of INR 30.00 Lakh submitted by us in the form of Bank
Guarantee shall be forfeited and the contract would be liable for termination, if we
Page 111
do not submit the requisite Performance Bank Guarantee within 15 days of
issuance of Letter of Intent for “Computerization of STPI”.
5. We would like to declare that we are not involved in any major litigation that may
have an impact of affecting or compromising the delivery of services as required
under this assignment and we are not under a declaration of ineligibility for corrupt
or fraudulent practices.
6. We would like to declare that there is no conflict of interest in the services that we
will be providing under the terms and conditions of this Tender.
7. We hereby declare that all the information and statements made in this proposal
are true and accept that any misrepresentation contained in it may lead to our
disqualification.
8. We understand STPI is not bound to shortlist/ accept any proposal received during
the Bid Process.
9. Our correspondence details with regards to this proposal are:
S.No.
Information
Details
1.
Name of responding firm:
2.
Address of responding firm:
3.
Name, Designation and Address of
the contact person to whom all
references
shall
be
made
regarding this Tender:
4.
Telephone no. of contact person:
5.
Mobile no. of contact person:
6.
Fax no. of contact person:
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7.
E-mail address of contact person:
We hereby declare that our proposal submitted in response to this Tender is made in
good faith and the information contained is true and correct to the best of our knowledge
and belief.
Yours sincerely,
(Signature)
Name of the Authorized signatory:
Designation of Signatory:
Seal
Page 113
12.2. Bid Check-List
Annexure-II
Bidder is advised to ensure that the following requirements have been complied in
their bid.
1. Please tick whichever is applicable.
2. Please follow guidelines for bidding given in the Tender.
3. The checklist duly filled and signed must be submitted in envelope 1.
GENERAL
1.
Has the bid document and required formats been submitted separately:
i.
2.
ii. Envelop 2: Technical Proposal
Yes
No
iii. Envelope 3: Financial Proposal
Yes
No
Details of the EMD:(i)
(ii)
(iii)
(iv)
3.
Envelop 1: EMD, Document Fee Receipt and Pre-Qualification Proposal
Yes
No
Name of the Bank
Amount
BG number & date
Validity date
Have corrections if any, been attested by the authorized person?
Yes
4.
No
Have the rates, prices, totals, amount, been checked thoroughly?
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Yes
5.
Has it been ensured that no price/amount of any Item(s) is mentioned in the
Technical bid?
Yes
8.
No
Does the bidder comply with the bid validity of 180 days
Yes
10.
No
Does the bidder meet the eligibility criteria?
Yes
9.
No
No
Is the Power of Attorney provided?
Yes
No
(Signature)
Seal
Page 115
Annexure-III
12.3. Earnest Money Deposit – Forwarding Letter
___________ (Location)
______________ (Date)
From (Name & Address of the Bidder)
To
Director,
____________________________
____________________________
____________________________
Sector – 29,
____________________________
Noida – 201303
Dear Sir/Madam,
Sub: EMD for “Selection of System Integrator for Computerization of STPI”
Ref.: Tender dated __________.
We, M/s__________________________________, having read and examined in detail
the Tender document and amendments for
“Selection of System Integrator for
Computerization of STPI” to Software Technology Parks of India.
We M/s _______________ hereby submit EMD of Rs. 30,00,000/- (Rupees Thirty Lakh
Only) in the form of Bank Gurantee. The details are as under:
a.
Name of Issuing Bank
:
b.
BG No.
c.
Amount
:
d.
Dated
:
:
Page 116
We M/s __________________ having read and understand the clauses of Tender
towards forfeiture of EMD.
Yours sincerely,
(Signature)
Seal
Page 117
12.4. Pre-Qualification Document Check-List
Annexure-IV
____________ (Location)
____________
(Date)
To,
Director,
____________________________
____________________________
____________________________
Sector – 29,
____________________________
Noida – 201303
Sub: Pre-Qualification Document Check-List for “Selection of System Integrator
for Computerization of STPI”
Dear Sir/Madam,
We, M/s__________________________________, confirm that we meet the prequalification criteria listed in the Bid no: ____________ dated __________.
We are submitting the following documents for our eligibility.
S. No. Criteria (Section-5.1: Pre-qualification Criteria)
1.
The Lead Bidder should be registered under the
Companies Act, 1956, and Lead Bidder should
have been in existence for the last 3 years in the
field of Software/ Application Development and
Integration in India
Compliance
Type of
Document
(Complied/Not Documentary Annexed
Complied)
Evidence
at Page
Provided
No.
YES / NO
Page 118
2.
3.
The Lead Bidder should have positive net worth
and an overall annual turnover of not less than
INR 150 Crore during each of the last three
financial years. Out of which INR 50 Crore
should
be
from
Software/
Application
Development and Integration in each of the last
three financial years from Indian operations. (FY
2009-10, 2010-11 and 2011-12 respectively).
The
Lead
Bidder
must
possess
a
valid
Compliance
Type of
Document
Complied)
Evidence
at Page
Provided
No.
YES / NO
YES / NO
Certification in the Capability Maturity Model
(CMM Level 5).
4.
The Lead Bidder should have an active ISO
YES / NO
9001:2008 certification at the time of submission
of the bid ( lead bidder has to ensure that the
certificate has to remain valid during the life
cycle of the project)
5.
The Lead Bidder should have minimum 150
YES / NO
technically qualified professionals on its payrolls
as on Bid Submission Date
6.
The Lead Bidder must have experience in the
YES / NO
following criteria:
(i) The
Lead
experience
Bidder
should
(automation
of
have
similar
the
entire
organization covering all the process and
functions of its branches and sub-branches)
in the field of IT System Integration Projects
including Implementation / Operations with at
least one completed IT project in last 3 years
Page 119
Compliance
Type of
Document
Complied)
Evidence
at Page
Provided
No.
(from the date of publishing of Tender) worth
INR 12 Crore in India for Indian client.
OR
(ii) The Lead Bidder must have similar
experience (automation of the entire
organization covering all the process and
functions of its branches and sub-branches)
in the field of IT System Integration Projects
including Implementation / Operations with at
least 3 completed IT project in last 3 years
(from the date of publishing of Tender) in
India worth INR 6 Crore (each) or more in
India for Indian client.
7.
Experience
of
managing
applications
and
YES / NO
systems deployed at a Data Centre (of that
particular application or systems), successfully
completed or ongoing in last 3 years (from the
date of publishing of Tender) in India for Indian
client
8.
Banned or Blacklisted Companies by any State /
Central
Government
or
any
YES / NO
Government
Institutions in India will not be eligible to
participate.
9.
The lead Bidder should have an office in
YES / NO
Delhi/NCR
10.
Permanent Account Number (PAN) of lead
YES / NO
Bidder available from Income Tax authorities.
Page 120
11.
Consortium/Sub-Contracting to the extent of
data digitization is allowed.
Compliance
Type of
Document
Complied)
Evidence
at Page
Provided
No.
YES / NO
The lead Bidder is required to provide
consortium agreement / letter from the subcontractor for the same.
12.
Power of Attorney provided
YES/NO
Yours sincerely,
(Signature)
Seal
Page 121
12.5. Bidder Details
Annexure-V
S.No.
Parameters
Response
1.
Name
and
Organization
address
of
2.
Year of establishment
3.
Name and address of the banker
4.
Contact person
a) Name & Designation
b) Mobile No., Office Telephone
No.
c) E-mail ID.
5.
Financial Information
Business Results
Sales
Turnover
(Rs
Lakh)
Profit
Tax
after Turnover from activity related to
Application/
Solution
Development
in (Rs in Lakh)
(Rs. In Lakh)
FY 2011-12
FY 2010-11
FY 2009-10
6.
Details
of
similar
project executed for
the
Government
organization, if any.
a) Project 1
b) Project 2
Page 122
S.No.
Parameters
Response
n) Project n...
7.
8.
Whether ISO 9001 – (Please Tick)
2008 certified (only for
Yes
information)
No
No. of support offices
in India.
Yours Sincerely,
(Signature)
Seal
Page 123
12.6. Covering Letter – Technical Bid (Format)
Annexure-VI
__________ (Location)
__________ (Date)
To
Director,
____________________________
____________________________
____________________________
Sector – 29,
____________________________
Noida – 201303
Dear Sir/Madam,
Sub: Covering Letter for Technical Bid for the proposal for “Selection of System
Integrator for Computerization of STPI”
Ref.: Tender dated __________.
1. We, the undersigned, having read and examined in detail all the Tender
document of the subject Tender, do propose hereby to provide the
Computerization of Software Technology Parks of India (STPI).
2. We declare that all the services will be performed strictly in accordance with the
Tender document including the letter conveying the modifications in the Tender
document after Pre-bid meeting and contract irrespective of whatever has been
stated to the contrary anywhere in our bid.
Page 124
3. We confirm having submitted the information as required in the Tender document
including the letter conveying the modifications in the Tender document after Prebid meeting. In case any further clarification/documentary proof in this regard
before evaluation of our bid, we agree to furnish the same in time.
4. We hereby declare that, in case the Contract is awarded to us, we shall submit
Earnest Money Deposit, Performance Bank Guarantee and Bank Guarantees as
described in this Tender.
5. Our Proposal is binding upon us and subject to the modifications resulting from
contract negotiations, up to expiration of the validity period of the Proposal.
6. We undertake that, in competing for (and, if the award is made to us, in
executing) the above contract, we will strictly observe the laws against fraud and
corruption in force in India namely "Prevention of Corruption Act 1988".
7. We understand that STPI is not bound to accept any Proposal received.
Yours sincerely,
(Signature)
Seal
Page 125
12.7. Approach and Methodology
Annexure-VII
1. Solution Proposed
2. Understanding of the project
3. Technical Approach and Methodology
Page 126
12.8. Team Composition and Task Assignments
Annexure-VIII
Please indicate composition of teams separately for Implementation and Post
Implementation phases:
Name of Staff
Firm
Area of Expertise
Position
Task
Assigned
Assigned
This information should be provided for all key staff, such as team leaders, project
managers, technical support staff, etc. The relevant CV’s of the professional staffs
mentioned above are also required to be given in the format provided under this section.
(Signature)
Seal
Page 127
12.9. Format Curriculum Vitae (CV) for Proposed Professional Staff
Annexure-IX
1. Proposed Position [only one candidate shall be nominated for each position]:
2. Name of Firm [Insert name of firm proposing the staff]:
3. Name of Staff [Insert full name]:
4. Date of Birth: Nationality:
5. Education [Indicate college/university and other relevant specialized education
of staff member, giving names of institutions, degrees obtained, and dates of
obtainment]:
6. Membership of Professional Associations:
7. Other Training [Indicate significant training since degrees under “5 – Education”
were obtained]:
8. Countries of Work Experience: [List countries where staff has worked in the
last ten years]:
9. Languages [For each language indicate proficiency: good, fair, or poor in
speaking, reading, and writing]:
10. Employment Record [Starting with present position, list in reverse order every
employment held by staff member since graduation, giving for each employment
(see format here below): dates of employment, name of employing organization,
positions held, Project handled.]:
From [Year]: To [Year]:
Employer:
Positions held:
Page 128
Works Undertaken that Best Illustrates
Detailed Tasks Assigned
[List
all
performed
tasks
under
to
Capability to Handle the Tasks Assigned
be [Among the assignments in which the staff has
this been involved, indicate the following information for
assignment]
those
assignments
that
best
illustrate
staff
capability to handle the project]
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
11. Staff is resident / native of:
12. Certification: I, the undersigned, certify that to the best of my knowledge and
belief, this CV correctly describes myself, my qualifications, and my experience. I
understand that any willful misstatement described herein may lead to my
disqualification or dismissal, if engaged.
Date:
[Signature of staff member or authorized representative of the staff]:
Day/Month/Year:
Full name of authorized representative:
Page 129
12.10. Format for Experience Details
Annexure-X
Name of the Assignment
Name of the client
Location of the
country
Project and the
Start date and End Date
Name of the associated consultants, if
any
Number of staff and the duration of
the project in man months/ man days
Approximate value of services
Names of the Senior staff involved
and function performed
Narrative Description of the Project/
present status
Technology used
Number of locations
Other Project Details (Broad details)
Contact Person
Designation
Phone No
Yours sincerely,
(Signature)
Seal
Page 130
12.11. Work Plan
Annexure-XI
Staff input (in the form of a bar chart)
S. No.
Activity
Total
1
2
3
4
5
6
7
8
9
10
11
12
Months
1.
2.
3.
4.
Sub Total
Total
Page 131
12.12. Resource Deployment Plan
Annexure-XII
S.No
Staff inputs in week ** (in the form of a bar chart)
Name of
Staff *
1
2
3
4
5
6
7
8
9
10 11 12 N
Total Staff
man-month
proposed
Total
1.
2.
3.
Sub Total
Total
*
For Professional Staff the input should be indicated individually; for support staff
it should be indicated by category
**
Weeks are counted from the start of the assignment.
Page 132
12.13. Covering Letter – Financial Bid (Format)
Annexure-XIII
__________ (Location)
__________ (Date)
____________________________
____________________________
____________________________
____________________________
To
The Director,
Dear Sir/Madam,
Sub: Covering Letter for the proposal for “Selection of System Integrator for
Computerization of Software Technology Parks of India (STPI)”
We, the undersigned, offer to provide the services as required in the above in
accordance with your Tender dated ________ including the letter conveying the
modifications in the Tender document after Pre-bid meeting and our Proposal
(Technical and Financial).
Our Proposal is binding upon us and subject to the modifications resulting from contract
negotiations, up to expiration of the validity period of the Proposal, i.e. [Date_____].
We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely "Prevention of Corruption Act 1988".
We understand that STPI is not bound to accept any Proposal received.
Yours sincerely,
(Signature)
Seal
Page 133
12.14. Format for Financial Quotations
Annexure-XIV
A. Main Cost Elements of the STPI computerization project
I
Type of Service
Per Transaction Rate of
Service Charge Quoted
(in Rs.)
Weight
a.
High Volume Services
0.95
b.
Low Volume Services
0.05
I
Weighted Average Rate
0.95 X a + 0.05 X b
High volume services currently are – Issue of Import Certification, Export Certification,
Performance Monitoring (APR/MPR/QPR) & typically form 95% of all external
transactions. All other EXIM services like are treated as Low volume services. The
quoted charges shall be inclusive of all applicable taxes, duties and other charges.
Cost of Core Components
II
Cost of Core Components in Rs.
Component
a.
CAPEX
b.
OPEX (total for entire
service period)
II
Cost of Core
Components (a + b)
Figures
Words
CAPEX and OPEX quoted in II, should be what is being desired by the Bidder from
STPI (inclusive of all applicable taxes, duties and other charges) besides the service
charge quoted for external transactions. This cost should not be included while
calculating the service charge quoted in I, and man-month rate quoted in B.
Page 134
B. Man-month rate for additional module/ development effort = Rs. ___________
Note:1.
All the quoted charges shall be inclusive of all applicable taxes, duties and other
charges.
2.
It is expected that STPI might go for additional module/ development effort for 10
Man-months besides the current Scope of Work.
3.
L-1 bidder will be selected as per the Financial Evaluation criteria defined in
Clause no. 5.3
4.
The rate of the Government levies/duties/taxes on the complete cost as applicable
on the date of opening of price bids will be considered for evaluation. In case there
is variation in the statutory levies/taxes during the contract, the same will be
payable at actual as per original delivery schedule.
Yours sincerely,
(Signature)
Seal
Page 135
12.15. Format for filling Litigation Details
Annexure-XV
The bidder is required to provide the details of ANY LITIGATION in the following format.
S. No.
Type of work
Initiated By
Amount involved
in Dispute
Stage of
Litigation
Remarks
1.
2.
3.
4.
5.
6.
N
Yours sincerely,
(Signature)
Seal
Page 136
12.16. Format for Performance Bank Guarantee
Annexure-XVI
Ref.No._____________________________ Bank Guarantee No _____________
Dated______________
To,
The Director,
Sector – 29,
Noida - 201303
Dear Sir,
1. In consideration of Software Technology Parks of India, having its office at Ganga
Software Technology Complex, Sector – 29, Noida - 201303 (hereinafter referred to as
‘STPI’, which expression shall, unless repugnant to the context or meaning thereof,
include all its successors, administrators, executors and assignees) after receipt of the
Letter
of
Intent
(LOI)
__________________________
dated
having
_______________
its
registered/head
with
office
M/s
at
______________________(hereinafter referred to as the SYSTEMS INTEGRATOR)
which expression shall, unless repugnant to the context or meaning thereof include
all its successors, administrators, executors and assignees) and STPI having agreed
that the SYSTEM INTEGRATOR shall furnish to STPI a performance guarantee for
10% of the Total Project Cost for the faithful performance of the entire CONTRACT.
2. We (name of the bank) ______________________________ registered under the
laws of _______ having head / registered office at __________________________
(hereinafter referred to as "the Bank", which expression shall, unless repugnant to
the context or meaning thereof, include all its successors, administrators, executors
and permitted assignees) do hereby guarantee and undertake to pay immediately on
Page 137
first demand in writing any / all moneys to the extent of 10% of the Total Project
Cost without any demur, reservation, contest or protest and / or without any reference
to the SYSTEMS INTEGRATOR. Any such demand made by STPI on the Bank by
serving a written notice shall be conclusive and binding, without any proof, on the bank
as regards the amount due and payable, notwithstanding any dispute(s) pending before
any Court, Tribunal, Arbitrator or any other authority and / or any other matter or thing
whatsoever, as liability under these presents being absolute and unequivocal.
We
agree that the guarantee herein contained shall be irrevocable and shall continue to be
enforceable until it is discharged by STPI in writing. This guarantee shall not be
determined, discharged or affected by the liquidation, winding up, dissolution or
insolvency of the SYSTEM INTEGRATOR and shall remain valid, binding and operative
against the bank.
3.
The Bank also agrees that STPI at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance, without
proceeding against the SYSTEM INTEGRATOR and notwithstanding any security or
other guarantee that STPI may have in relation to the SYSTEMS INTEGRATOR’s
liabilities.
4. The Bank further agrees that STPI shall have the fullest liberty without our consent
and without affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said CONTRACT or to extend time of performance by the said
SYSTEMS INTEGRATOR(s) from time to time or to postpone for any time or from time
to time exercise of any of the powers vested in STPI against the said SYSTEMS
INTEGRATOR(s) and to forbear or enforce any of the terms and conditions relating to
the said agreement and we shall not be relieved from our liability by reason of any
such variation, or extension being granted to the said SYSTEMS INTEGRATOR(s) or
for any forbearance, act or omission on the part of STPI or any indulgence by STPI to
the said SYSTEMS INTEGRATOR(s) or any such matter or thing whatsoever which
under the law relating to sureties would, but for this provision, have effect of so relieving
us.
Page 138
5. The Bank further agrees that the Guarantee herein contained shall remain in full
force during the period that is taken for the performance of the CONTRACT and all dues
of STPI under or by virtue of this CONTRACT have been fully paid and its claim
satisfied or discharged or till STPI discharges this guarantee in writing, whichever is
earlier.
6. This Guarantee shall not be discharged by any change in our constitution, in the
constitution of STPI or that of the SYSTEMS INTEGRATOR.
7.
The Bank confirms that this guarantee has been issued with observance of
appropriate laws of the country of issue.
8. The Bank also agrees that this guarantee shall be governed and construed in
accordance with Indian Laws and subject to the exclusive jurisdiction of Indian Courts of
Delhi.
9. Notwithstanding anything contained herein above, our liability under this Guarantee
is limited to Indian Rs. (in figures) ______________ (Indian Rupees (in words)
____________________)
and
our
guarantee
shall
remain
in
force
until
______________________(indicate STPI date of expiry of bank guarantee).
Any claim under this Guarantee must be received by us before the expiry of this Bank
Guarantee. If no such claim has been received by us by the said date, the rights of
STPI under this Guarantee will cease. However, if such a claim has been received by
us within the said date, all the rights of STPI under this Guarantee shall be valid and
shall not cease until we have satisfied that claim.
In witness whereof, the Bank through its authorized officer has set its hand and stamp
on this........ day of ........2013 at .....................
WITNESS NO. 1
-------------------------(Signature)
Full name and official
address (in legible letters)
------------------------(Signature)
Full Name, Designation and
Address (in legible letters)
with Bank stamp
Page 139
Attorney as per power of
Attorney No...............
WITNESS NO. 2
Dated………………….
-------------------------(Signature)
Full name and official
Address (in legible letters)
Page 140
12.17. Format for Indemnity Bond
Annexure-XVII
(To Be Furnished on a Rs. 100 Non-Judicial Stamp Paper)
THIS BOND is made on this ……… day of …………, 2013 by M/s………………….
through
Sh………………………………..
duly
authorized
representative
of
the
…………………. (hereinafter referred to as ………………….. which expression shall
unless context requires different or another meaning, include its successors,
administrators and assigns) in favor of the Software Technology Parks of India, DeitY,
GoI (hereinafter called “The Authority” which expression shall include its successors
and assigns).
WHEREAS
……………
has
entered
into
an
agreement
executed
on
………………………., 2013 with the Authority (hereinafter referred to as “The said
Agreement”) for the complete Computerization of STPI as per the specifications
mentioned in the Tender document.
AND WHEREAS M/s.….………. has to indemnify the STPI against any loss or
damage that STPI may sustain on account of infringement of Copyright Act or any other
law for the time being in force with respect to Application software used, developed,
modified, supplied to, or usage thereof by STPI or on any account as aforesaid.
Now therefore, in consideration of the said Agreement, the executants…………..
hereby undertakes to indemnify STPI and shall always keep it indemnified against any
loss, damage that it may sustain or any claim made against it or any proceedings that
may be taken out against it for the usage of the Application Software maintained,
developed, and the software packages/tools used or
supplied/used including
infringement of any provisions of the Copyright Act 1957, or any law or statue for the
time being in force, on account of sale, supply and usage of the Application Software by
STPI etc.
Page 141
Now, therefore, in witness thereof the executant Company has set its hand
through its authorized representative on the day, month and the year first mentioned
herein above.
EXECUTANT
For M/s
Authorised representative
Witness:
1.
2.
Page 142
12.18. Non Disclosure Agreement
Annexure-XVIII
NON-DISCLOSURE AGREEMENT
THIS AGREEMENT is made on this the ____ day of _______ 2013 at ________, India.
BETWEEN
Software Technology Park of India having its office at Noida, India hereinafter referred
to as STPI, which expression shall, unless the context otherwise requires, include its
permitted successors and assigns);
AND
___________, a Company incorporated under the Companies Act, 1956, having its
registered office at ___________ (hereinafter referred to as ‘the System Integrator (SI)’
which expression shall, unless the context otherwise requires, include its permitted
successors and assigns).
Each of the parties mentioned above are collectively referred to as the ‘Parties’ and
individually as a ‘Party’.
WHEREAS:
1. STPI is desirous to implement the project of Computerization of STPI
2. STPI and System Integrator have entered into a Master Services Agreement dated
_____________(the “MSA”) as well as a Service Level Agreement dated ___________
(the “SLA”) in furtherance of the Project.
3. Whereas in pursuing the Project (the “Business Purpose”), a Party (“Disclosing Party)
recognizes that they will disclose certain Confidential Information (as defined
hereinafter) to the other Party (“Receiving Party”).
Page 143
4. Whereas such Confidential Information (as defined hereinafter) belongs to Receiving
Party as the case may be and is being transferred to the Disclosing Party to be used
only for the Business Purpose and hence there is a need to protect such information
from unauthorized use and disclosure.
NOW THEREFORE, in consideration of the mutual covenants, promises, assurances,
representations and provisions set forth herein, the Parties hereto agree as follows:
OBLIGATIONS OF THE RECEIVING PARTY
The Receiving Party shall:
(a) use the Confidential Information only for the Business Purpose and shall hold the
confidential Information in confidence using the same degree of care as it
normally exercises to protect its own proprietary information, taking into account
the nature of the Confidential Information, and
(b) grant access to Confidential Information only to its employees on a ‘need to know
basis’ and restrict such access as and when not necessary to carry out the
Business Purpose.
(c) cause its employees to comply with the provisions of this Agreement;
(d) reproduce Confidential Information only to the extent essential to fulfilling the
Business Purpose, and
(e) prevent disclosure of Confidential Information to third parties;
(f) disclose the Confidential Information to its consultants/contractors on a need to
know basis; provided that by doing so, the Receiving Party agrees to bind such
consultants/ contractors to terms at least as restrictive as those stated herein.
(g) upon the Disclosing Party's request, the Receiving Party shall either return to the
disclosing party all Confidential Information or shall certify to the disclosing party
that all media containing Confidential Information have been destroyed.
(h) not to remove any of the other Party’s Confidential Information from the premises
of the Disclosing Party without prior written approval.
(i) exercise extreme care in protecting the confidentiality of any Confidential
Information which is removed, only with the Disclosing Party’s prior written
Page 144
approval, from the Disclosing Party’s premises. Each Party agrees to comply with
any and all terms and conditions the disclosing party may impose upon any such
approved removal, such as conditions that the removed Confidential Information
and all copies must be returned by a certain date, and that no copies are to be
made off of the premises.
(j) Upon the Disclosing Party’s request, the Receiving Party shall promptly return to
the Disclosing Party all tangible items containing or consisting of the disclosing
party’s Confidential Information all copies thereof.
For and on behalf of
[ System Integrator ]
Witness:1.
2.
Software Technology Parks of India (STPI)
Witness:1.
2.
Page 145
12.19. Detailed Bill of Material
Annexure-XIX
S. No.
Item Name
Specification
Quantity
1.
2.
3.
--
Page 146
12.20. Draft Agreement
Annexure-XX
This agreement is executed at New Delhi on this ……… day ………..
of……………………., 2013 between the Software Technology Parks of India
(STPI), registered as an autonomous society under Societies Registration Act,
1860 (hereinafter referred to as “The Authority”) which expression shall unless
the context requires another or different meaning include its successors and
assigns and M/s ……………………………………………… which expression shall
unless, the context requires another or a different meaning include its
successors, heirs, legal representatives, executors, administrators and assigns of
the other part.
2.
WHEREAS the Authority is desirous of assigning the work of complete
computerization of STPI in accordance with the application requirements
specified in the Tender document and further freezed in the revalidated existing
SRS document along with the prepared SDD and any other document executed
from time to time.
AND WHERAS M/s.…………., shall depute its personnel to STPI with
prior approval from the STPI to carry out all the tasks required the
Computerization of STPI and as mentioned in the Tender document.
3.
AND WHERAS M/s.…………., has submitted his offer through bid for the
said work which has been executed by the authority subject to all the terms and
conditions specified in the Tender document annexed to this agreement.
4.
M/s.………….
shall
provide
the
complete
equipments/material required for Computerization of STPI as
document, to be carried out every day for STPI and coordinate
deputed by the STPI to the satisfaction of the User wings
Coordinating officer for the project.
services
and
per the Tender
with the officers
as well as the
5.
M/s. ------------- shall submit resumes of the levels of Project Leader,
Team Members, Database Administrator, Systems Analyst, Training/Document
expert and other experts. STPI shall have the right to select or reject the
Manpower offered and may insist for change without assigning any reason at the
Page 147
start of the assignment or during the currency of the agreement. The manpower
will be deputed to work for STPI.
6.
M/s. ………… shall adhere to the STPI Calendar and STPI office timings
and shall ensure that in case required the personnel will function beyond office
hours to meet the targets agreed mutually.
7.
M/s.………… shall deploy the project team to function from the STPI
premises and in case M/s…………. proposes any change during the term of the
Computerization of STPI, the same will of the similar skill level and experience
and shall be with prior approval of STPI. The replacements shall not be frequent.
In case it is found by STPI that personnel deputed by M/s…………….does not
perform as per the requirements of STPI the same shall be replaced immediately
on request.
8.
In case M/s. -------------is not able to depute the personnel of the skill and
experience level as required then M/s ………… shall also pay a penalty for delay
in the services as per the terms specified in the Service Level Agreement or the
contract shall be liable to be terminated.
9.
M/s. ………….. shall also advise the “networking, hardware and system
software” infrastructure which may be required for the implementation of the
application as per requirements of STPI and shall also quote the price of the
same if it is proprietary product.
10.
The Work place for the project team members shall be STPI, Noida or any
other office as intimated by the STPI.
11.
All the terms and conditions as stated in the Tender Document/Work order
No -------------------dated------------ shall form part of this Agreement and binding to
M/s. ….………..
12.
In case of any dispute arising out of or relating to the terms and conditions
of this agreement during the currency of the agreement or completion of the
assignment or abandonment, the decision of STPI or any other Officer authorized
by him shall be final and binding. All the litigation and proceedings, if arises at
any time should be subject to jurisdiction of Delhi High Court.
13.
In witness whereof this deed has been executed by the parties on the
date, month and year mentioned herein above.
Page 148
[ Bidder ]
Witness:1.
2.
Software Technology Parks of India (STPI)
Witness:1.
2.
Page 149
12.21. Bank Guarantee for Earnest Money Deposit
Annexure-XXI
Bank Guarantee Format for Furnishing EMD
Whereas ……………… (hereinafter called the “tenderer”) has submitted their offer
dated…………… for the supply of ……………… hereinafter called the “tender”) against
the purchaser’s tender enquiry No. ………………………………………
KNOW ALL MEN by these presents that WE ……………… of ………………… having
our registered office at …………… are bound unto …………………. (hereinafter called
the “Purchaser) in the sum of ………………………… for which payment will and truly to
be made to the said Purchaser, the Bank binds itself, its successors and assigns by
these presents.
Sealed with the Common Seal of the said Bank this……… day of <<month>>, 2013.
THE CONDITIONS OF THIS OBLIGATION ARE:
(1) If the tenderer withdraws or amends, impairs or derogates from the tender in any
respect within the period of validity of this tender.
(2) If the tenderer having been notified of the acceptance of his tender by the purchaser
during the period of its validity:a. If the tenderer fails to furnish the Performance Security for the due
performance of the contract.
b. Fails or refuses to accept/execute the contract.
WE undertake to pay the Purchaser up to the above amount upon receipt of its first
written demand, without the Purchaser having to substantiate its demand, provided that
in its demand the Purchaser will note that the amount claimed by it is due to it owing to
the occurrence of one or both the two conditions, specifying the occurred condition or
conditions.
Page 150
This guarantee will remain in force upto and including 45 days after the period of tender
validity and any demand in respect thereof should reach the Bank not later than the
above date.
…………………………….
(Signature of the authorized officer of the Bank)
………………………………………………………….
………………………………………………………….
Name and designation of the officer
………………………………………………………….
Seal, name & address of the Bank and address of the Branch
Page 151

Request for Proposal (RFP) - Software Technology Parks of India

Transcription

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