RFP for selection of Agencies for Providing Software Development Services

Transcription

1 S Services Selection of Agencies for providing Application Development RajCOMP Info Services Limited (RISL) RFP for selection of Agencies for Providing Software Development Services RajCOMP Info Services Limited (RISL) First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-Scheme, Jaipur (Raj.) Phone: Fax: Web:

2 Table of Contents Contents ABBREVIATIONS & DEFINITIONS INVITATION FOR BID (IFB) & NOTICE INVITING BID (NIB) PROJECT PROFILE & BACKGROUND INFORMATION PRE-QUALIFICATION/ ELIGIBILITY CRITERIA SCOPE OF WORK, DELIVERABLES & TIMELINES SCOPE OF WORK INITIAL DEPLOYMENT OF TEAM DELIVERABLES, MILESTONE AND TIME SCHEDULE ROLES AND RESPONSIBILITIES OF RISL INSTRUCTION TO BIDDERS (ITB) SELECTION AND BID EVALUATION PROCEDURE GENERALTERMS AND CONDITIONS OF TENDER & CONTRACT SPECIAL TERMS AND CONDITIONS OF TENDER & CONTRACT ANNEXURE-1: PRE-BID QUERIES FORMAT ANNEXURE-2: BIDDER S AUTHORIZATION CERTIFICATE ANNEXURE-3: SELF-DECLARATION ANNEXURE-4: CERTIFICATE OF CONFORMITY/ NO DEVIATION ANNEXURE-5: FINANCIAL BID COVER LETTER & FORMAT ANNEXURE 5.1 : CONSOLIDATED FINANCIAL BID ANNEXURE 5.2 : DETAILED FINANCIAL BID FORMAT ANNEXURE-6: BANK GUARANTEE FORMAT ANNEXURE-7: DRAFT AGREEMENT FORMAT ANNEXURE-8: MEMORANDUM OF APPEAL UNDER THE RTPP ACT, ANNEXURE-9: QUALIFICATION AND EXPERIENCE OF RESOURCES ANNEXURE 10: TECHNICAL SCORING MATRIX ANNEXURE 11: PREVIOUS PROJECT EXPERIENCE ANNEXURE 12: CURRICULUM VITAE ANNEXURE 13: NON DISCLOSURE AGREEMENT Page 2 of 97

3 ABBREVIATIONS & DEFINITIONS Act The Rajasthan Transparency in Public Procurement Act, 2012 (Act No. 21 of 2012) and Rules thereto Authorised Signatory The bidder s representative/ officer vested (explicitly, implicitly, or through conduct) with the powers to commit the authorizing organization to a binding agreement. Also called signing officer/ authority having the Power of Attorney (PoA) from the competent authority of the respective Bidding firm. BG Bid/ ebid Bid Security Bidder / Agency / Firm / Supplier Bidding Document CMC Competent Authority Contract/ Procurement Contract Contract/ Project Period Day DeitY, GoI DoIT&C egras Bank Guarantee A formal offer made in pursuance of an invitation by a procuring entity and includes any tender, proposal or quotation in electronic format A security provided to the procuring entity by a bidder for securing the fulfilment of any obligation in terms of the provisions of the bidding documents. Any person/ firm/ agency/ company/ contractor/ supplier/ vendor participating in the procurement/ bidding process with the procurement entity Documents issued by the procuring entity, including any amendments thereto, that set out the terms and conditions of the given procurement and includes the invitation to bid Contract Monitoring Committee An authority or officer to whom the relevant administrative or financial powers have been delegated for taking decision in a matter relating to procurement MD, RISL in this bidding document. A contract entered into between the procuring entity and a successful bidder concerning the subject matter of procurement The Contract Period shall commence from the date of signing of Agreement with the selected bidder and will remain valid for Two (02) Year and may further get extended for another One (1) year period with mutual consent A calendar day as per GoR/ GoI. Department of Electronics and Information Technology, Government of India Department of Information Technology and Communications, Government of Rajasthan. Online Government Receipts Accounting System (e-gras) is an e-governance Initiative of Government of Rajasthan under Page 3 of 97

4 Mission Mode Project category and is part of Integrated Financial Management System (IFMS). e-gras facilitates collection of tax/ non-tax revenue in both the modes: online as well as manual. All types of government revenue may be deposited online using this website: GoI/ GoR ICT IFB INR ISI ISO IT ITB LD LoI NCB NeGP NIB Notification PAN PBG PC PQ Procurement Process Procurement/ Public Procurement Govt. of India/ Govt. of Rajasthan Information and Communication Technology. Invitation for Bids (A document published by the procuring entity inviting Bids relating to the subject matter of procurement and any amendment thereto and includes notice inviting Bid and request for proposal) Indian Rupee Indian Standards Institution International Organisation for Standardisation Information Technology Instruction to Bidders Liquidated Damages Letter of Intent A bidding process in which qualified bidders only from within India are allowed to participate National e-governance Plan of Government of India, Department of Information Technology (DIT), Ministry of Communications and Information Technology (MCIT), New Delhi. Notice Inviting Bid A notification published in the Official Gazette Permanent Account Number Performance Bank Guarantee Procurement/ Purchase Committee Pre-Qualification The process of procurement extending from the issue of invitation to Bid till the award of the procurement contract or cancellation of the procurement process, as the case may be The acquisition by purchase, lease, license or otherwise of works, services, including award of Public Private Partnership projects, by a procuring entity whether directly or through an agency with which a contract for procurement services is entered into, but does not include any acquisition without consideration, and Page 4 of 97

5 procure or procured shall be construed accordingly Project Site Performance Security Deposit (PSD) Purchaser/ Tendering Authority/ Procuring Entity RajSWAN/ RSWAN RISL RSDC RVAT SD Services SLA State Government State Public Procurement Portal Subject Matter of Procurement TIN TPA VAT/ CenVAT WO/ PO Working Days Wherever applicable, means the designated place or places. Performance Security Deposit is the security which is submitted by the bidder against the work order received. Person or entity that is a recipient of a service provided by a seller (bidder) under a purchase order or contract of sale. Also called buyer Managing Director, RISL in this RFP document. Rajasthan State Wide Area Network RajCOMP Info Services Limited Rajasthan State Data Centre, New IT Building, Jaipur Rajasthan Value Added Tax Security Deposit. It is the security deposited by the successful bidder against the contract. Any subject matter of procurement other than goods or works and includes physical, maintenance, professional, intellectual, consultancy and advisory services or any service classified or declared as such by a procuring entity and does not include appointment of any person made by any procuring entity Service Level Agreement is a negotiated agreement between two parties wherein one is the customer and the other is the service provider. It is a a service contract where the level of service is formally defined. In practice, the term SLA is sometimes used to refer to the contracted delivery time (of the service) or performance. Government of Rajasthan (GoR) Any item of procurement whether in the form of services or works Tax Identification Number Third Party Auditors Value Added Tax/ Central VAT Work Order/ Purchase Order Working days is defined as working days as per Government of Rajasthan and working hours are defined as 09:30 hours till 18:00 hours IST Page 5 of 97

6 1. INVITATION FOR BID (IFB) & NOTICE INVITING BID (NIB) Page 6 of 97

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9 2. PROJECT PROFILE & BACKGROUND INFORMATION 2.1 About RISL RajCOMP Info Services Ltd. (formerly RajCOMP) is a fully owned Government of Rajasthan Company; it is a leading consulting organization in the field of Information Technology. RajCOMP Info Services Ltd. (RISL) operates under the aegis of Government of Rajasthan. RISL is designated State Designated Agency(SDA) for implementation of NeGP Components i.e. State Data Centre (SDC), State Wide Area Network (SWAN), Common Service Centre (CSC), State Service Delivery and other State s Mission Mode Projects (MMPs). RISL is also Technology Partner with departments like Agriculture, Election Department, State Election Department, JCTSL, Education Department, RHSDP etc. RISL takes up the activities of procuring and outsourcing of hardware, software, networking components and other products and services on behalf of Government Departments/ Organization(users). 2.2 Project Profile Over the past two decades, governments have increasingly leveraged information technology to transform relationships with internal and external stakeholders. Through the use of technology, governments have improved the delivery of services to constituents and increased the efficiency of their own work processes. These improvements have led to greater citizen satisfaction, increased government transparency & efficiency and significant reductions in operating costs. To build on these advances, innovative governments continue to seek new ways of maximizing business value. As RajCOMP Info Services Ltd. (RISL) have increasingly discovered, finding new ways of sharing information, delivery of services and automation of manual processes will play a key role in achieving the end objective. Recently RISL has established a Software Development Centre (SwDC) to undertake various custom developed applications for the state. The centre shall be responsible to cater the entire end to end application development requirement which has been planned to be spread on mobile platform and GIS domain as well SwDC Objectives: Strengthen in-house application development and technical capability Page 9 of 97

10 Adapt standardized software development process as per industry best practices Develop base framework and publish service catalogue Facilitate rapid development Reusability and modular approach Develop Quality Assurance and Testing capabilities Initiatives under SwDC: Develop Connectors / Adapters / APIs for seamless integration with other applications Conduct study, design and develop all the requisite interfaces/connectors/adapters to facilitate seamless integration & data flow and ensure open standard architecture within the existing and third party applications Develop Mobile Applications (Android/Windows/iOS) To extend & provide strategic use of government services and applications on the move and at will to the users (internal / external) by leveraging on wireless and mobile technology Envisaged Mobile application tasks to be undertaken - Call Center and Grievance Management, emitra/csc Kiosks Status / Feedback Service, Tender Information, Application Status Tracking to name a few GIS Application Development Develop a robust geospatial information system and decision support mechanism to aid decision making process for planning and implementation of various developmental programs in the State Develop a web based Geo Portal to provide single and integrated view of information system across all government agencies in the state for Local Level planning Roll-out of the developed GIS application has been planned in phased manner covering various line departments Cloud based Application Development Implementing a distributed computing paradigm i.e. Cloud Computing which will focuses on providing a wide range of users with distributed access to virtualized Page 10 of 97

11 hardware / software infrastructure over the internet for hosting multi-tenancy applications SDC s Cloud infrastructure would be used for providing IaaS (Infrastructure as a Service), PaaS (Platform as a Service), SaaS (Software as a Service) Customized Software Application Development Plan, design, develop and execute various application development led e- Governance and IT projects to streamline manual processes to the next level of productivity, transparency and efficiency Currently the application developments are under progress like Rajasthan Sampark, Single-Sign-On, CMIS, eoffice etc Quality Assurance and Testing Conduct Quality Assurance and Testing activities to confirm that the application is developed according to customer requirements and is defect free Prepare of Generic Quality Assurance and Quality Control Framework/Documents/Templates Prepare of Test Strategy, conducting periodic Audit of the application and defining Quality gates at defined intervals Procurement of Necessary Testing and other Required Tools like Performance Testing tools, Security testing tools etc. To undertake all the above mentioned tasks, establishing a strong team of experienced software application developers to undertake large scale e-governance and customized software application development initiatives for Government of Rajasthan, is of utmost importance. With this objective, RajCOMP Info Services Ltd. (RISL) intends to engage competent Agencies to deploy qualified and experienced resources for the SwDC to undertake various in-house application development initiatives for a period of Two (2) years which may be further extended for a period of another One (1) year on mutual consent with the selected Agency. 2.3 Implementing and Participating Agencies (Stakeholders): The project shall deliver benefits to various stakeholders associated with the project which has been identified as: a) RajCOMP Info Services Ltd. (RISL) Page 11 of 97

12 b) Department of Information & Technology, Government of Rajasthan (DoIT&C) c) Selected Agency d) Various Departments of Government of Rajasthan 3. PRE-QUALIFICATION/ ELIGIBILITY CRITERIA 1) A bidder participating in the procurement process shall possess the following minimum pre-qualification/ eligibility criteria. S. No. Basic Requirement Specific Requirements 1 Legal Entity The bidder should be a Proprietorship firm duly registered either under the Rajasthan Shops & Commercial Establishments Act, 1958 or any other Act of State/ Union, as applicable for dealing in the subject matter of procurement (Note: A self-certified declaration regarding the non-applicability of registration to any Act should be submitted by the bidder) OR A company registered under Indian Companies Act, 1956 OR A partnership firm registered under Indian Partnership Act, Financial: Annual Turnover of the bidder from IT/ ITeS Turnover Services in India during each of the last three financial years, i.e., from to (as per the last published audited balance sheets), should be at least Rs. 60 Crores Documents Required - Copy of valid Registration Certificates OR - Copy of Certificates of incorporation CA Certificate with CA s Registration Number/ Seal Note: The Turnover shall not include any services related to hardware / networking / IT Audit / Professional services like Financial Page 12 of 97

13 S. No. Basic Requirement Specific Requirements Audit / CA services etc. 3 Financial: Net The net worth of the bidder, as on 31-Mar- Worth 2014, should be Positive 4 Technical 1. The Bidder must have successfully Capability completed or on-going at least One assignment of Software / Mobile / GIS Application Development for any Government organization / PSU in India, during the period of 1-Mar-2008 and ending 30-April-2014, where the value of the assignment should be at least 1 crore or higher Note: i. No clubbing of multiple projects shall be allowed. However, extension value can be considered ii. The quoted work order shall not include any license cost of the software / customization of standard application like ERP and AMC cost iii. Bidders are advised to submit a single work order sufficing the requirement as specified in the above. Submission of extra / back-up work orders may lead to rejection of the bid 5 Tax The bidder should have a registered number registration of and clearance i. Service Tax ii. Income Tax / Pan number 6 Certifications The bidder must possess, at the time of bidding, a valid : Documents Required CA Certificate with CA s Registration Number/ Seal Project reference as per Annexure- 11 And Work Completion Certificates issued by the client OR Work Order + Self Certificate of Completion / Current Status of the Project (Certified by the CA with CA s Registration Number/ Seal) Copies of relevant certificates of registration Copy of valid certificates Page 13 of 97

14 S. Basic No. Requirement 7 Mandatory Undertaking 8 Manpower Strength 9 Non- Disclosure Agreement Specific Requirements a) ISO 9001:2008 and b) CMMi Level 3 Certification Bidder should: - a) not be insolvent, in receivership, bankrupt or being wound up, not have its affairs administered by a court or a judicial officer, not have its business activities suspended and must not be the subject of legal proceedings for any of the foregoing reasons; b) not have, and their directors and officers not have, been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter into a procurement contract within a period of three years preceding the commencement of the procurement process, or not have been otherwise disqualified pursuant to debarment proceedings; c) not have a conflict of interest in the procurement in question as specified in the bidding document. d) Comply with the code of integrity as specified in the bidding document. The Bidder must have a minimum strength of 150 fulltime IT / Software professionals (B.E. / MCA) on the payroll of the company in India at the time of bid submission. Bidder to submit the Non-Disclosure Agreement sealed and signed by the Authorized Signatory on the Letter Head of the Company Documents Required A Self Certified letter as per Annexure-3: Self- Declaration Self-Certification by the authorized signatory As per Annexure 13 Page 14 of 97

15 2) In addition to the provisions regarding the qualifications of the bidders as set out in (1) above: - a. the procuring entity shall disqualify a bidder as per the provisions under Clause: Exclusion/ Disqualification of bids in Chapter-5: ITB ; and b. the procuring entity may require a bidder, who was pre-qualified, to demonstrate its qualifications again in accordance with the same criteria used to pre-qualify such bidder. The procuring entity shall disqualify any bidder that fails to demonstrate its qualifications again, if requested to do so. The procuring entity shall promptly notify each bidder requested to demonstrate its qualifications again as to whether or not the bidder has done so to the satisfaction of the procuring entity. Page 15 of 97

16 4. SCOPE OF WORK, DELIVERABLES & TIMELINES RajCOMP Info Services Ltd. (RISL) intends to engage competent Agencies to deploy qualified and experienced resources for the SwDC to undertake various in-house Application Development activities, who would work under the guidance of RISL to ensure timely development of various applications / application modules and undertake other related activities as per the requirement of SwDC. Application Development services (Software Application/GIS Application/Mobile Application) shall broadly include but not limited to requirement gathering, preparation of User Requirement Specifications (URS) / Functional Requirement Specifications (FRS) / Software Requirement Specifications (SRS) / Software Design Document (SDD) and other Documents, undertake Software Application Development, Mobile Application Development, GIS Application Development, building Connectors/Adapters/Web Services, Testing & Quality Assurance, UAT, Version Control, Roll Out and Operations & Maintenance of the developed applications as per the direction of RISL. 4.1 Scope of Work The deployed resources shall be responsible to follow industry standards software development methodology in conjunction with the guidelines issued by DoIT&C / DiETY, prepare documents as per standard templates provided by RISL and undertake below mentioned activities as per the direction of RISL: Undertake Requirement Gathering, preparation of Project Documents, Functional Requirement Study (FRS) Document Carry out study of the existing business processes to thoroughly understand the functional and operational mechanism and collect requirement from the concerned officer(s) and undertake the following activities: Prepare As-Is Maps. To-Be maps and undertake gap analysis Understand / assess input data and outputs / reporting requirements Collect existing forms, registers and report formats Prepare different use cases scenario Interact with concerned officials and review of the existing systems, applications Detailed study of requirements of Application components and solutions Assess existing applications from the perspective of integration with other application Page 16 of 97

17 Prepare User Requirement Specifications document Prepare FRS detaining Functional and Non Functional requirements Preparation of System Requirement Specification (SRS) and System Design Document Prepare SRS and SDD based on the captured business, functional and technological requirements and undertake the following activities: Independent assessment of the requirements of the concerned department / user group and prepare SRS document Prepare and maintain various design documents based on principles of modular approach to develop secure and scalable application software (Software/Mobile/GIS) including: i. Enterprise / Application and Security Architecture Document ii. Data Flow Diagrams (DFD) iii. High Level Design (HLD) and Low Level Design Documents(LLD) Development of the Application Software Design and development of various application modules offering functionalitites in line with the User Requirements, FRS, SRS, SDD etc. and undertake the following activities: Collect, collate and create metadata for design of database, design application screens, forms, modules, connectors, and develop the application as per final specifications / SRS / SDD etc. Ensure developed application modules meets DoIT&C / DiETY s guidelines and standards in terms of security features, application architecture, unicode compliance etc. as per the direction of RISL Testing of the Developed Application Testing of developed application majorly covering performance, security, load and integration testing and undertake the following activities: Prepare & submit Test Strategy, Test Plan and Test Cases to RISL Conduct testing of various components / modules of the developed application as per the directions and approval from RISL Execute and perform various application/ modules testing like performance, load, security,quality testing etc. with the help of the industry standards tols like Load Runner, AppScan, Quality Centre etc. Page 17 of 97

18 4.1.5 User Acceptance Testing (UAT) Prepare Test cases, conduct UAT and undertake the following activities: Prepare detailed UAT plans, schedules, procedures and formats Prepare UAT use case scenarios and expected results Conduct UAT, identify and rectify developed application issues / errors / bugs reported during the testing / UAT up-to the satisfaction of RISL Assist RISL in Security Audit / Safe to Host Certification of developed application Provide assistance to RISL team in undertaking Security Audit / Safe to Host Certification of the developed application by third party external agency selected by DoIT&C/RISL and undertake the following activities: Ensure developed application is free from Vulnerability / bugs / defects etc. mandatory for clearing Security Audit / Safe to Host Certification as per the direction of RISL. Share all the relevant documents like FRS / SRS / Test Cases as required by the third party external agency Incorporate desired changes in the developed application software suggested by the third party external agency Deployment and Configuration of Application Deploy and configure the developed application on the production server as per approval received from RISL and in co-ordination with SDC team Application Go-Live Post deployment of the application, the application development team shall monitor the performance of the application based on the application load / user traffic and make necessary modifications to enhance application performance. Team shall also undertake necessary corrective actions to resolve all the reported bugs to achieve Application Go Live Training & Capacity Building Impart user training at various users levels as per the directions of RISL. Broad activities would include: Prepare and submit Training Plan and Schedule Prepare Training Materials, User / Admin Manuals covering all major instructions for all types of users / roles Page 18 of 97

19 Conduct hands-on training on developed application software to the identified set of users to make them well conversant with the built in functionalities, features and processes Operation and Maintenance of the Application Manage complete operations and maintenance of the developed application and ensure that the developed application is bug / error free, running smoothly and simultaneously incorporate necessary changes in the application functionality as approved by RISL. Broad activities would include: Undertake activities like bug fixing, database management, corrective changes, applicaiotn enhancement, handling teething issues etc. Provide following during operations and maintenance of the developed application: o Database and System Administration support o User Management and Maintenance o Backup Management o Debugging, modification, tuning, monitoring and updation in the Application Software as and when required by RISL o Proper version control and configuration management of the source code 4.2 Initial Deployment of Team Bidders shall be responsible for initial deployment of below set of resources within 30 days of signing of Agreement with RISL as per the desired skill-set and experience of various categories of resources as specified in the RFP: Sl. No. Resource Category Total No. of Resources to be deployed initially Bidder 1 Responsible for deployment of initial number of resources Bidder 2 Responsible for deployment of initial number of resources 1. Solution Architect Senior GIS Application Developer Database Administrator Senior Software Application Page 19 of 97

20 Sl. No. Resource Category Total No. of Resources to be deployed initially Bidder 1 Responsible for deployment of initial number of resources Bidder 2 Responsible for deployment of initial number of resources Developer.NET Senior Software Application Developer JAVA GIS Application Developer Software Application Developer -.NET Software Application Developer JAVA Software Application Developer PHP Mobile Application Developer Windows & Android Mobile Application Developer ios Application Tester Business Analyst Total Note: Considering the varied nature of projects to be undertaken under SwDC, DoITC; it has been envisaged that subsequently the total number of resources would increase upto 50 (Fifty) based on the specific skill-set of application developers under various categories of resources anytime during the project period. 4.3 Deliverables, Milestone and Time Schedule RISL shall be responsible to undertake periodic review of the progress made by the application development team for identification of new initiatives, issues, risks, providing direction for issue / risk resolution and finalize the targets / deliverables of each individual resource. Once finaized, the resources shall be responsible to sincerely work on the Page 20 of 97

21 identified areas and ensure timely completion of their deliverables / targets. At the end of each quarter, progress of each resource shall be closely reviewed and it is expected that the resources shall be sincere to their work and work on extended office hours / holidays to ensure completion of their targets / tasks. If desiered, the team members shall be responsible to maintain timesheet in Project Monitoring Information System (PMIS) / in Excel Template, so that daily tracking of activities can be monitored on regular basis. The indicative list of deliverables are mentioned in the following table: S. No. Reference to Scope of Work Deliverables (Indicative) Timelines 1. Undertake end-to-end responsibility for performing various activities as specified in section 4.1 of the RFP document titled Scope of work User Requirement Document Functional Requirement Specification (FRS) Software Requirement Specification (SRS) System Design Document (SDD) Enterprise / application / Security Architecture Document Release of developed application modules for testing Test Strategy, Test Plan/Test Cases(Integration, System, Performance), Test Execution Reports User Acceptance Testing (UAT) Bug Fixing and Performance Tuning Application Go Live Training & Capacity Building Operation & Maintenance of developed modules / applications As per the direction received from the RISL 4.4 Roles and Responsibilities of RISL Evaluate and approve effort estimates provided by the deployed team for development and deployment of application / software module / documents etc. Arrange suitable working environment at the SwDC and provide necessary hardware infrastructure and software environment to the team for on-site application development Provide Sign-off / acceptance of various project deliverables submitted by the deployed resources Page 21 of 97

22 Conduct project review meetings with the deployed team and monitor the implementation and overall progress of the application development activity Provide direction to the deployerd resources and enable them to achive overall objective of the SwDC Facilitate UAT and appoint external agency for conducting Security Audit / Safe to Host certification of developed applications prior to deployment / hosting at State Data Centre Provide periodic feedback on changes to be made in the solution to improve usability and functionality of the development application Review and approve the payments to the Bidder as per quality services provided by the resources. Set-up and administration of escalation mechanism for faster issue / risk management Page 22 of 97

23 5. INSTRUCTION TO BIDDERS (ITB) 1) Sale of Bidding/ Tender Documents a) The sale of bidding documents shall be commenced from the date of publication of NIB and shall be stopped one day prior to the date of opening of Bid. The complete bidding document shall also be placed on the SPPP and e-procurement portal. The prospective bidders shall be permitted to download the bidding document from the websites and pay its price while submitting the Bid to the procuring entity. b) The bidding documents shall be made available to any prospective bidder who pays the price for it in cash or by bank demand draft, banker's cheque. c) Bidding documents purchased by Principal of any concern may be used by its authorised sole selling agents/ marketing agents/ distributors/ sub-distributors and authorised dealers or vice versa. 2) Pre-bid Meeting/ Clarifications a) Any prospective bidder may, in writing, seek clarifications from the procuring entity in respect of the bidding documents. b) A pre-bid conference is also scheduled by the procuring entity as per the details mentioned in the NIB and to clarify doubts of potential bidders in respect of the procurement and the records of such conference shall be intimated to all bidders and where applicable, shall be published on the respective websites. c) The period within which the bidders may seek clarifications under (a) above and the period within which the procuring entity shall respond to such requests for clarifications shall be as under: - a. Last date of submitting clarifications requests by the bidder: as per NIB b. Response to clarifications by procuring entity: as per NIB d) The minutes and response, if any, shall be provided promptly to all bidders to which the procuring entity provided the bidding documents, so as to enable those bidders to take minutes into account in preparing their bids, and shall be published on the respective websites. 3) Changes in the Bidding Document a) At any time, prior to the deadline for submission of Bids, the procuring entity may for any reason, whether on its own initiative or as a result of a request for clarification by Page 23 of 97

24 a bidder, modify the bidding documents by issuing an addendum in accordance with the provisions below. b) In case, any modification is made to the bidding document or any clarification is issued which materially affects the terms contained in the bidding document, the procuring entity shall publish such modification or clarification in the same manner as the publication of the initial bidding document. c) In case, a clarification or modification is issued to the bidding document, the procuring entity may, prior to the last date for submission of Bids, extend such time limit in order to allow the bidders sufficient time to take into account the clarification or modification, as the case may be, while submitting their Bids. d) Any bidder, who has submitted his Bid in response to the original invitation, shall have the opportunity to modify or re-submit it, as the case may be, within the period of time originally allotted or such extended time as may be allowed for submission of Bids, when changes are made to the bidding document by the procuring entity; provided that the Bid last submitted or the Bid as modified by the bidder shall be considered for evaluation. 4) Period of Validity of Bids a) Bids submitted by the bidders shall remain valid during the period specified in the NIB/ bidding document. A Bid valid for a shorter period shall be rejected by the procuring entity as non-responsive Bid. b) Prior to the expiry of the period of validity of Bids, the procuring entity, in exceptional circumstances, may request the bidders to extend the bid validity period for an additional specified period of time. A bidder may refuse the request and such refusal shall be treated as withdrawal of Bid and in such circumstances bid security shall not be forfeited. c) Bidders that agree to an extension of the period of validity of their Bids shall extend or get extended the period of validity of bid securities submitted by them or submit new bid securities to cover the extended period of validity of their bids. A bidder whose bid security is not extended, or that has not submitted a new bid security, is considered to have refused the request to extend the period of validity of its Bid. 5) Format and Signing of Bids a) Bidders must submit their bids online at e-procurement portal i.e. Page 24 of 97

25 b) All the documents uploaded should be digitally signed with the DSC of authorized signatory and uploaded only in PDF format with clear readability and prescribed filename as mentioned in the table below. c) A Single Stage Two Part / Cover system shall be followed for the Bid: - a. Technical Bid, including fee details, eligibility & technical documents b. Financial Bid d) The technical bid shall consist of the following documents: - S. No. Documents Type Document Format Fee Details Bidding document Fee (Tender 1. Fee), RISL Processing Fee (e- Instrument / Proof of submission Procurement) and Bid Security Eligibility Documents 2. Bidder s Authorisation Certificate As per Annexure-2 and copy of PoA / Board resolution stating that Auth. Signatory (DSC holder) can sign the bid / contract on behalf of the firm 3. All the documents mentioned in the Eligibility Criteria, in support of the eligibility As per the format mentioned against the respective eligibility criteria clause Technical Documents 1. Declaration by Bidders As per Annexure-3 2. Certificate of Conformity / No Deviation As per Annexure-4 3. Bidder s organization Profile Brief organization profile of the Bidder 4. Relevant documents in support of Technical bid Scoring Matrix As per Annexure 10 e) Financial bid shall include the following documents: - S. No. Documents Type Document Format 1. Financial Bid Covering Letter On bidder s letter head duly signed by authorized signatory as per Annexure-5 2. Financial Bid - Format As per BoQ (.XLS) format available on e-procurement portal f) The bidder shall ensure that all the required documents, as mentioned in this bidding document, are submitted along with the Bid and in the prescribed format only. Nonsubmission of the required documents or submission of the documents in a different format/ contents may lead to the rejections of the Bid submitted by the bidder. Page 25 of 97

26 6) Cost & Language of Bidding a) The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the procuring entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. b) The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the procuring entity, shall be written only in English Language. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in English/ Hindi language, in which case, for purposes of interpretation of the Bid, such translation shall govern. 7) Alternative/ Multiple Bids Alternative/ Multiple Bids shall not be considered at all. 8) Bid Security (EMD) Every bidder, if not exempted, participating in the procurement process will be required to furnish the bid security as specified in the NIB. a) In lieu of bid security, a bid securing declaration shall be taken from Departments of the State Government, Undertakings, Corporations, Autonomous bodies, Registered Societies and Cooperative Societies which are owned or controlled or managed by the State Government and Government Undertakings of the Central Government. b) Bid security instrument or cash receipt of bid security or a bid securing declaration shall necessarily accompany the technical bid. c) Bid security of a bidder lying with the procuring entity in respect of other bids awaiting decision shall not be adjusted towards bid security for the fresh bids. The bid security originally deposited may, however, be taken into consideration in case bids are reinvited. d) The bid security may be given in the form of a banker s cheque or demand draft or bank guarantee (bank guarantee is allowed only where bid security amount is INR 10 Lakhs or above), in specified format, of a scheduled bank or deposited through egras. The bid security must remain valid 30 days beyond the original or extended validity period of the bid. e) The issuer of the bid security and the confirmer, if any, of the bid security, as well as the form and terms of the bid security, must be acceptable to the procuring entity. Page 26 of 97

27 f) Prior to presenting a submission, a bidder may request the procuring entity to confirm the acceptability of proposed issuer of a bid security or of a proposed confirmer, if required. The procuring entity shall respond promptly to such a request. g) The bank guarantee, if any, presented as bid security shall be got confirmed from the concerned issuing bank. However, the confirmation of the acceptability of a proposed issuer or of any proposed confirmer does not preclude the procuring entity from rejecting the bid security on the ground that the issuer or the confirmer, as the case may be, has become insolvent or has otherwise ceased to be creditworthy. h) The bid security of unsuccessful bidders shall be refunded soon after final acceptance of successful bid and signing of Agreement. i) The Bid security taken from a bidder shall be forfeited, including the interest, if any, in the following cases, namely: a. when the bidder withdraws or modifies its bid after opening of bids; b. when the bidder does not execute the agreement, if any, after placement of supply/ work order within the specified period; c. when the bidder fails to commence the supply of the service or execute work as per supply/ work order within the time specified; d. if the bidder breaches any provision of code of integrity, prescribed for bidders, specified in the bidding document. e. If the bidder fails to submit requisite Security Deposit (SD) or sign the Agreement within the time period as specified f. Notice will be given to the bidder with reasonable time before bid security deposited is forfeited. g. No interest shall be payable on the bid security. h. The procuring entity shall promptly return the bid security after the earliest of the following events, namely: a) the expiry of validity of bid security; b) the cancellation of the procurement process; or c) the withdrawal of bid prior to the deadline for presenting bids, unless the bidding documents stipulate that no such withdrawal is permitted 9) Deadline for the submission of Bids a) Bids shall be received online at e-procurement portal and up to the time and date specified in the NIB. b) Normally, the date of submission and opening of Bids would not be extended. In exceptional circumstances or when the bidding document are required to be Page 27 of 97

28 substantially modified as a result of discussions in pre-bid meeting/ conference or otherwise and the time with the prospective bidders for preparation of Bids appears insufficient, the date may be extended by the procuring entity. In such case the publicity of extended time and date shall be given in the manner, as was given at the time of issuing the original NIB and shall also be placed on the State Public Procurement Portal, if applicable. It would be ensured that after issue of corrigendum, reasonable time is available to the bidders for preparation and submission of their Bids. The procuring entity shall also publish such modifications in the bidding document in the same manner as the publication of initial bidding document. If, in the office of the Bids receiving and opening authority, the last date of submission or opening of Bids is a non-working day, the Bids shall be received or opened on the next working day. 10) Withdrawal, Substitution, and Modification of Bids a) If permitted on e-procurement portal, a Bidder may withdraw its Bid or re-submit its Bid (technical and/ or financial cover) as per the instructions/ procedure mentioned at e-procurement website under the section "Bidder's Manual Kit". b) Bids withdrawn shall not be opened and processes further. c) No bid shall be withdrawn, substituted, or modified after the last time and date fixed for receipt of bids. 11) Confidentiality a) Notwithstanding anything contained in this bidding document but subject to the provisions of any other law for the time being in force providing for disclosure of information, a procuring entity shall not disclose any information if such disclosure, in its opinion, is likely to: - a. impede enforcement of any law; b. affect the security or strategic interests of India; c. affect the intellectual property rights or legitimate commercial interests of bidders; d. affect the legitimate commercial interests of the procuring entity in situations that may include when the procurement relates to a project in which the procuring entity is to make a competitive bid, or the intellectual property rights of the procuring entity. Page 28 of 97

29 b) The procuring entity shall treat all communications with bidders related to the procurement process in such manner as to avoid their disclosure to competing bidders or to any other person not authorised to have access to such information. c) The procuring entity may impose on bidders and sub-contractors, if there are any for fulfilling the terms of the procurement contract, conditions aimed at protecting information, the disclosure of which violates (a) above. d) In addition to the restrictions specified above, the procuring entity, while procuring a subject matter of such nature which requires the procuring entity to maintain confidentiality, may impose condition for protecting confidentiality of such information. 12) Cancellation of procurement process a) If any procurement process has been cancelled, it shall not be reopened but it shall not prevent the procuring entity from initiating a new procurement process for the same subject matter of procurement, if required. b) A procuring entity may, for reasons to be recorded in writing, cancel the process of procurement initiated by it - a. at any time prior to the acceptance of the successful Bid; or b. after the successful Bid is accepted in accordance with (d) and (e) below. c) The procuring entity shall not open any bids or proposals after taking a decision to cancel the procurement and shall return such unopened bids or proposals. d) The decision of the procuring entity to cancel the procurement and reasons for such decision shall be immediately communicated to all bidders that participated in the procurement process. e) If the bidder who s Bid has been accepted as successful fails to sign any written procurement contract as required, or fails to provide any required security for the performance of the contract, the procuring entity may cancel the procurement process. f) If a bidder is convicted of any offence under the Act, the procuring entity may: - a. cancel the relevant procurement process if the Bid of the convicted bidder has been declared as successful but no procurement contract has been entered into; b. rescind (cancel) the relevant contract or forfeit the payment of all or a part of the contract value if the procurement contract has been entered into between the procuring entity and the convicted bidder. Page 29 of 97

30 13) Code of Integrity for Bidders a) No person participating in a procurement process shall act in contravention of the code of integrity prescribed by the State Government. b) The code of integrity include provisions for: - a. Prohibiting i. any offer, solicitation or acceptance of any bribe, reward or gift or any material benefit, either directly or indirectly, in exchange for an unfair advantage in the procurement process or to otherwise influence the procurement process; ii. any omission, including a misrepresentation that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation; iii. any collusion, bid rigging or anti-competitive behaviour to impair the transparency, fairness and progress of the procurement process; iv. improper use of information shared between the procuring entity and the bidders with an intent to gain unfair advantage in the procurement process or for personal gain; v. any financial or business transactions between the bidder and any officer or employee of the procuring entity; vi. any coercion including impairing or harming or threatening to do the same, directly or indirectly, to any party or to its property to influence the procurement process; vii. any obstruction of any investigation or audit of a procurement process; b. disclosure of conflict of interest; c. disclosure by the bidder of any previous transgressions with any entity in India or any other country during the last three years or of any debarment by any other procuring entity. c) Without prejudice to the provisions below, in case of any breach of the code of integrity by a bidder or prospective bidder, as the case may be, the procuring entity may take appropriate measures including: - a. exclusion of the bidder from the procurement process; b. calling-off of pre-contract negotiations and forfeiture or encashment of bid security; c. forfeiture or encashment of any other security or bond relating to the procurement; d. recovery of payments made by the procuring entity along with interest thereon at bank rate; Page 30 of 97

31 e. cancellation of the relevant contract and recovery of compensation for loss incurred by the procuring entity; f. debarment of the bidder from participation in future procurements of the procuring entity for a period not exceeding three years. 14) Interference with Procurement Process A bidder, who: - a) withdraws from the procurement process after opening of financial bids; b) withdraws from the procurement process after being declared the successful bidder; c) fails to enter into procurement contract after being declared the successful bidder; d) fails to provide performance security or any other document or security required in terms of the bidding documents after being declared the successful bidder, without valid grounds, shall, in addition to the recourse available in the bidding document or the contract, be punished with fine which may extend to fifty lakh rupees or ten per cent of the assessed value of procurement, whichever is less. 15) Appeals a) Subject to Appeal not to lie in certain cases below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of Award of Contract, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. Page 31 of 97