Case Management & Tracking System

Transcription

1 Request for Proposal (Second Call) Implementation of Case Management & Tracking System in the Office of Advocate General, Madhya Pradesh Volume I Instructions to Bidders and General Terms & Conditions MAP_IT Madhya Pradesh Agency for Promotion of Information Technology Office of the Advocate General, Madhya Pradesh State IT Centre, 47-A Arera Hills, Bhopal High Court Premises, Jabalpur, MP

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3 Request for Proposal RFP for Case Management and Tracking System for the Office of Advocate General MP (Second Call) MAP_IT (Agency under Department of Information Technology, Govt. of MP) invites Proposals (Tender) from qualified and experienced companies for implementation of "Case Management and Tracking System" in the Offices of Advocate General, Govt. of MP. Interested Bidders who are qualified as per the criteria defined in the RFP document (available on MAP_IT Website and etender Website may submit their Bid proposal latest by 22 nd March 2014 till 03:00 PM on our eprocurement Website ( Bidders are required to pay Rs. 5,000 online on the eprocurement Portal to purchase Tender Document. The RFP document can be downloaded from our website and (Chief Executive Officer) MAP_IT

4 DISCLAIMER All information contained in this Request for Proposal (RFP) provided/ clarified are in the good interest and faith. This is not an agreement and this is not an offer or invitation to enter into an agreement of any kind with any party. Though adequate care has been taken in the presentation of this RFP document, the interested bidders shall satisfy themselves that the document is complete in all respects. The information published in this document is not intended to be exhaustive. Interested Bidders are required to make their own enquiries and assumptions wherever required. Intimation of discrepancy, if any, should be given to the specified office immediately. If no intimation is received by this office by the date mentioned in the document, it shall be deemed that the RFP document is complete in all respects and firms submitting their bids are satisfied that the RFP document is complete in all respects. Madhya Pradesh Agency for Promotion of Information Technology (A society under Department of Information Technology, Government of Madhya Pradesh) reserves the right to reject any or all of the applications submitted in response to this RFP document at any stage without assigning any reasons whatsoever. MAP_IT also reserves right to withhold or withdraw the process at any stage with intimation to all who have submitted their bids in response to this RFP. MAP_IT reserves the right to change/ modify/ amend any or all of the provisions of this RFP document without assigning any reason. Any such change would be communicated to the bidders by posting it on the website of MAP_IT ( and eprocurement Website ( Neither MAP_IT nor their employees and associates will have any liability to any prospective Respondent interested to apply or any other person under the law of contract to the principles or resolution or unjust enrichment or otherwise for any loss, expense or damage which may raise from or be incurred or suffered in connection with anything contained in this RFP document, any matter deemed to form part of this RFP document, the award of the Assignment, the information and any other information supplied by or on behalf of MAP_IT or their employees and Prime Applicant (PA)/ Consortiums or otherwise arising in any way from the selection process for the Assignment. Information provided in this document or imparted to any respondent as part of RFP process is confidential to MAP_IT and shall not be used by the respondent for any other purpose, distributed to, or shared with any other person or organization.

5 Acronyms RFP AG BG EMD IA SLA BOM OIC COTS DMS MIS PeMT VAT SDC SWAN MP MAP_IT PSU IT CEO CST Request for Proposal Advocate General Bank Guarantee Earnest Money Deposit Implementing Agency Service Level Agreement Bill of Material Officer Incharge Commercial of the Shelf Document Management System Management Information System Project emission Team Value Added Tax State Data Centre State Wide Area Network Madhya Pradesh Madhya Pradesh Agency for Promotion of Information Technology Public Sector Unit Information Technology Chief Executive Officer Central Sales Tax

6 Table of Contents 1 Definitions About Office of Advocate General Project Background Project Objectives Reform areas Targets envisaged to be achieved Scope of Work About MAP_IT RFP Structure Key Activities and Dates Instruction to Bidders Bidding Process Detail AVAILABILITY OF BID DOCUMENTS Bid DOCUMENT FEES Eligibility criteria for bidders Bid Security Period of validity of bids Application and interpretation of clauses Completeness of bid document: Language of Bid Clarification of the bid document and pre-bid conference Amendment of bid document by the MAP_IT Bid Price Bid Submission FORMAT OF SUBMISSION AUTHORISED SIGNATORY ON BEHALF OF THE BIDDER General instructions Disqualification Bid Evaluation Preliminary examination Technical Evaluation Opening & Comparison of Commercial Bids Award of Contract Right to vary activities at the time of award Right to accept or to reject any or all bids Notification of Award to the Bidder Signing of Contract: Discharge of Bid Security: Expenses for the Contract Loss of Revenue to the AG Office: Use of Contract Documents and information Failure to abide by the Agreement Performance Security Roles & Responsibilities Role of MAP_IT... 29

7 11.2 Role of AG Office Role of Implementation Agency Service Level Agreement Service Level Objectives SLA Monitoring Service Levels General Conditions Intellectual Property Rights Applicable Law Inspections and Tests Governing Language: Completion of Project: Termination Bidder Personnel Indemnity for Intellectual Property Rights Corrupt or Fraudulent practices Data Protection Confidentiality Force Majeure Resolution Of Disputes Legal Jurisdiction: Taxes AND DUTIES: Local Conditions Notice Warranty And Maintenance Support Manpower Limitation of Liabilities Patent Rights and copy rights Deliverables Payments ANNEXURES... 52

8 1 Definitions In this Bid Document, the following terms shall be interpreted as indicated: Solution means study, plan, design, develop, procure, customize, install, configure, and maintain entire application software and hardware under the project "Case Management & Tracking System" for AG Office. Application means the COTS product customized, developed, tested, deployed and changed/improved during project term by the Implementing Agency for the purposes of rendering the Services to the Stakeholders of the Project at satisfactory level. Bidder means the venders participating and submitting their bids as per the tender time schedule. Implementing Agency (IA) means the successful Bidder who signs the contract with AG Office for study, design, develop, implement, operate and maintain the solution deployed for the Case Management and Tracking System Project under Office of the Advocate General as described in the Bid document. "AG Office" means the Office of the Advocate General, Jabalpur under Govt. of Madhya Pradesh. "MAP_IT" Madhya Pradesh Agency for Promotion of Information Technology, Department of Information Technology, Govt. of Madhya Pradesh. MAP_IT has been entrusted by AG Office to conduct bidding process. Services means the services delivered to the Stakeholders of the project using the tangible and intangible assets created, procured, installed, managed and operated by the IA. Confidential Information means all information including Project Data (whether in written, oral, electronic or other format) which relates to the technical, financial and business affairs, customers, Bidders, products, developments, operations, processes, data, trade secrets, design rights, know-how and personnel in connection with this Bid Document. Project Data means all proprietary data of project generated out of project operations and transactions, documents and related information including but not Page 1

9 restricted to user data which the Bidder obtains, possesses or processes in the context of providing the services. Deliverables means the products and services agreed to be delivered by the Successful Bidder in pursuance of the agreement as defined more elaborately in Scope of work. Service Level means the level of service and other performance criteria that will apply to the Services as set out; Service Level Agreement (SLA) means the Operation and Maintenance SLA, to be executed by the Implementing Agency, in terms of the Service Level Requirements set out in the Contract. State Government means the Government of Madhya Pradesh. Project Site means the site/ location where the Project Activities will be performed. Go-Live means the date of issuance of certificate of Completion by AG Office. Contract Value is the bid value which means the price accepted by the AG Office as per Price Schedule. 2 About Office of Advocate General The Advocate General of a State is a Constitutional post and authority duly appointed as per article 165 of the constitution of India. The Advocate General and his office defends and protects the interest of the State Government and gives invaluable legal guidance to the State Government in formulation of its policy and execution of its decisions. The principal activity of this department is to conduct the cases pertaining to the cases before the Hon ble High Court of Madhya Pradesh at its Principal Bench, Jabalpur, Circuit Benches at Indore and Gwalior, Madhya Pradesh Administrative Tribunal, Consumer Disputes Redressal Forums, Consumer Disputes Redress Commission of State/National and the Hon ble Supreme Court of India where the interest of State of Madhya Pradesh and its Departments needs to be defended. It is the duty of the Advocate General to advice the other law officers if consulted; the Advocate General shall advice the Government upon such legal matters including legislative projects which are referred to him by the Government. The Advocate General shall represent the Government whether civil, criminal, original, appellate or otherwise before the MP High Court or any other High Court or the Supreme Court where the Government is a party. The Advocate General can also represent Page 2

10 the Government before any Tribunal or authority or any Court subordinate to High Court if specially required by the Government. It is the duty of the Advocate General to distribute the Government work in the High Court between various Law Officers. The Advocate General is the Head of the Department and he is the principal legal advisor to the Government. There are in all 56 Law Officers including the Advocate General and all of them work under the guidance and supervision of the Advocate General. The Advocate General has been endowed with all administrative and financial powers. The expenditure of this department is meted out under non-plan expenditure as this Department does not come under planning. Due to excessive work load and limitation of manual system, every now and then state government faces cost orders and contempt cases. Many times, returns are not filed in due time and strong facts supporting government are not produced before court due to lack of proper coordination and collaboration between AG Office and Govt. Departments. Office of Advocate General, MP wants to improve in-house functioning by implementing a IT Supported system that can assist in monitoring & time-tracking, Case file management, Case Allocation, Legal processing, collaboration between various stakeholders, etc. There is no explicit provision/requirement for citizen services. Thus, this project is a Case Management & Tracking Project. 3 Project Background The office of the Advocate General handles legal cases of all the Govt. Departments, Agencies, District Administrations in the High Court. At present the AG Offices have more than 3 Lakh cases pending in the High Court. On an average 300 petitions/cases are filed in AG Offices each day. Each petition comprises 20 to 150 pages. AG offices receive daily/weekly cause list having hundreds of cases daily at 6:00 PM from High Court for next day hearing. These cases are allocated to different advocates manually and relevant files are provided to them. This exercise takes 3-4 hours after which relevant case files are distributed even after midnight to the concerned advocates. Next day, advocates walks into court rooms reading files and presents facts and arguments in favour of govt. of MP. More than 3 lakh case files are stored in record rooms of AG Offices. These files are extracted, delivered to OICs or Advocates, updated and stored back on regular basis. All the record of file movement is recorded in various registers manually. Due to excessive work load and limitation of manual system, every now and then state government faces cost orders and contempt cases. Many times, returns are not filed in due Page 3

11 time and strong facts supporting government are not produced before court due to lack of proper coordination and collaboration between AG Office and Govt. Departments. Office of the Advocate General, MP wants to improve in-house functioning by implementing a IT Supported system that can assist in monitoring & time-tracking, Case file management, Case Allocation, Legal processing, collaboration between various stakeholders, etc. There is no explicit provision/requirement for citizen services. Thus, this project is a Case Management & Tracking Project. Case Files are the Core of this Office Automation System. All the processes and workflows act around Case Files. Legal Documents, Facts related to case, Court Orders, etc. account for 90% of the contents in a Case File. A case file starts form a petition, appeal or application filed in the High Court. Various other documents like notices, return, vakalatnama, affidavit, adjoinders, rejoinders, letters, etc. are added in the file in due course of Case Lifecycle. Keeping this in mind, the system should be designed on the concepts and framework of e- File as well as primary backend should be a COTS solution like robust Document Management System (DMS) with Case Management System. Considering the fact that, COTS can be quickly purchased, leased or licensed to the general public and it provides better, faster and cheaper software applications that are more reliable when compared to custom built software because its reliability is proven through the use by other organizations. COTS Solutions are more maintainable with higher complexity workflows because specialists within the industry have developed them. Comprehensive COTS Solutions available in the market, have capability of designing multiple workflows, Case Management tools, Time-tracking, capturing data from scanned images, Queries & Reporting, Alerts, DBMS Support, Online collaboration, indexed searching, etc. All these are the actual requirement of Advocate General Office. Therefore, as a solution for Advocate General Office, COTS products available in the market, should be considered for customization and deployment. Key benefits of implementing ready to deploy COTS Solution (DMS and Case Management) after necessary customization, will be as follows: a. Quick Deployment. b. Flexibility for quick enhancement in functionalities and workflows. c. Better Integration with other packages d. Better Performance and data integrity e. Long Term Service Support and online updates, etc. Considering this, the AG Office has decided to implement a robust DMS and Case Management System (Hereinafter referred as "The Project"). Page 4

12 3.1 PROJECT OBJECTIVES To empower Office of Advocate General, Law Department and OICs of concerned departments by providing technology enablers for quick, efficient and quality functioning. To Facilitate applicants and defendants to get hassle free access to the information To have access to timely and accurate MIS Reports To Efficiently manage case records To monitor case status, compliance of court orders and time tracking. To reduce workload for Law Officer and facilitate them to provide hassle-free legal services. 3.2 REFORM AREAS 1. Tracking of Cases: Tracking of each and every case will be done in terms of due dates, compliances and priority actions. This will reduce incidents of Contempt and ensure proper representation of cases with all the facts and arguments in High Court within stipulated time frame. This will also provide alerts to the concerned stakeholders to act positively in time. Real time status of cases, action due at various levels, compliances of court orders, etc. should be shown on a comprehensive dashboard. 2. Digital Filing, Documentation and Record Keeping: All the case files information should be digitized and stored in central server. Concerned officials will be able access entire or part files with proper permission online. New content generated in due course should be added in the case file record online. All these records should get synchronized with High Court Server. 3. Process Automation All the case related processes are performed manually in AG Office and results delays at various levels. The Project should automate the case processing functions like preparation of returns, communication with respondents, obtain copies of court orders, etc. This will enable AG office to respond quickly on crucial court cases, setting priorities and take up more number of cases in process at same time. 4. Allocation of Cases to Law Officers AG office received cause list from high court on daily basis and allocate cased among Law Officer as per predefined roster. This exercise takes 3-4 hours after which relevant case files are distributed even after midnight to the concerned advocates. The project should automate the case allocation process and give more time to Advocates for studying the Page 5

13 cases by providing access to case files online. Also the system should provide intelligent allocation according to the nature of case and expertise of advocates apart from roster. 5. Facilitation for the Law Officers and Respondent Departments To effectively handle the cases, Law Officers and concerned departments need structured access of files and intelligent searching of legacy data. The system should provide support in quick/effortless decision making. 6. Collaboration with Respondent/Applicant Departments Continues collaboration between concerned departments/agencies and law officers is required while preparing case related document. The system will provide a comprehensive online platform for same. This will reduce multiple visits of Department representatives to the AG Office. 7. Monitoring of Court Orders and their Compliances The system will support in monitoring of court orders and their status of compliance. This will certainly reduce contempt cases and enable law experts to do needful on the cases of high priority. 3.3 TARGETS ENVISAGED TO BE ACHIEVED Category of Services Office Automation Digital Record Keeping Case tracking and monitoring 3.4 SCOPE OF WORK Existing Service Levels No Automation, Unstructured data and manual processing. Paper Records and Files only. No specific system for monitoring and tracking of individual case. Compliance Tracking Proposed Service Level Online File Tracking, Online Consultation on Facts and Proceedings, Collaborative Content Creation, Reviewing, commenting and approving online, Online HR Management and Online Library Management. Digitization/scanning of all the paper records and files generated after project implementation in structured manner. Provision of concurrent updation and addition in records. Storage of digital record in Central Server accessible for all the concerned officers. Automated system for tracking of individual case on predefined stage parameters. Creation of compliance parameters on real time basis and compliance tracking on same. Scope of work is explained in detail along with proposed solution framework, system/application architecture, deliverables, etc. as separate part (Volume II Scope of Page 6

14 Work) of this RFP. Bidders are advised to study scope document thoroughly before taking part in the bidding. Bidders are also encouraged to participate in pre-bid conference with their queries and suggestion. 4 About MAP_IT Madhya Pradesh Agency for Promotion of Information Technology (MAP_IT) is an agency under Department of Information Technology, Govt. of MP formulated to serve as nodal agency to propel the growth of Information Technology (IT) in Madhya Pradesh especially in government departments/agencies and deliver citizen services through electronic means. MAP_IT has been entrusted to draft this RFP and conduct fair and transparent bidding process to select Implementing Agency (IA). Representative of AG Office and Law Department will remain in the technical screening and selection committee. After conducting the bidding process, MAP_IT will submit technically qualified and financially viable bidder's proposal before AG Office to release work order and sign MSA. MAP_IT will also provide technical and project management support at time of project implementation by providing a dedicated team of consultants named as Project emission Team (PeMT) and by providing it's representation in high level project management committees. 5 RFP Structure This RFP is meant to invite proposals from interested agencies capable of delivering the services described herein. The content of this RFP has been documented as a set of two volumes (Volume I & II). Volume I comprises the Instruction to Bidder, SLA and General Terms and Conditional and Volume II describes scope of work, desired solution, standards & specifications as well as other requirements (functional, operational and technical) of the project. This Document is Volume I. Page 7

15 6 Key Activities and Dates Competitive Bidding for providing Turnkey Solution for Case Management and Tracking System in the Offices of Advocate General, Govt. of MP. Name of the Project Name of the Project Owner Name of the Bidding Process Owner Cost of Bid Document Bid Security (EMD) Validity period of Bid Security/Earnest Money Deposit (EMD) Proposal Validity period Date of Commencement of Sale of Bid Document Last date for submission of written queries for clarifications Case Management & Tracking System (CMTS) in the Office Advocate General, Govt. of MP, Jabalpur Office of the Advocate General, Govt. of MP, Jabalpur MAP_IT (Madhya Pradesh Agency for Promotion of Information Technology, 47-A, State IT Center, Arera Hills, Bhopal Rs. 5000/- Only Ra Lakh Only (Ten Lakh) One Hundred Eighty Days (180) days. In case of DD, Ninety (90) Days. For a period of SIX MONTHS 1 st March th March 2014 Date, Time and Venue for Pre-Bid 10 th March 2014 at 11:30 PM in MAP_IT, State IT Meeting Center, Bhopal Time, date and venue for submission of 22 nd March 2014 at 3:00 PM Bids Submission Date and Time of EMD 24 th March 2014 till 3:00 PM (Offline) Time, date and venue for Opening of Bids 25 th March 2014 at 4:00 PM Date of Technical Presentation Would be communicated later. Date of Opening of Commercial Bids Would be communicated later to shortlisted bidders. Address for Communication MAP_IT, State IT Centre 47A, Arera Hills, Bhopal Telephone No: Fax No.: E mail id : Web site: Tender can be downloaded from and Note: This Tender Document is not transferable. 1. Prospective Bidders are encouraged to undertake a preliminary study of the Jabalpur, Indore and Gwalior offices of Advocate General MP at their own cost. 2. The department reserves the rights to reject any or all the bids in whole or in part at any time without mentioning any reasons thereof. Chief Executive Officer MAP_IT Page 8

16 7 Instruction to Bidders 7.1 BIDDING PROCESS DETAIL 1. Complete bidding process has been divided into following parts, namely: 1.1. Issuance of NIT 1.2. Sale of tender document 1.3. Submission of written pre-bid queries by bidders 1.4. Pre-Bid meeting & issuance of corrigendum, if any 1.5. Submission of bids 1.6. Opening Pre-Qualification documents and Technical Bids 1.7. Presentation by bidders (if required) 1.8. Opening of Financial Bids 1.9. LOI & Work order placement 2. Bidders are advised to study all instructions, forms, terms, requirements and other information in the RFP documents carefully. Submission of Bid shall be deemed to have been done after careful study and examination of the RFP document with full understanding of its implications. 3. Failure to furnish all information required by the RFP documents or submission of a proposal not substantially responsive to the RFP documents in every respect shall be at the Bidder's risk and may result in rejection of its Proposal. 4. Without prejudice to the generality, purchaser reserves the right to reject any Proposal if: At any time, a material misrepresentation is made or discovered; or The Bidder does not provide, within the time specified by the Authority, the supplementary information sought by purchaser for evaluation of the Proposal. Misrepresentation/improper response by the Bidder may lead to the disqualification of the Bidder. If such disqualification/rejection occurs after the Proposals have been opened and the highest ranking Bidder gets disqualified / rejected, then purchaser reserves the right to consider the next best Bidder, or take any other measure as may be deemed fit in the sole discretion of purchaser, including annulment of the selection process Page 9

17 7.2 AVAILABILITY OF BID DOCUMENTS 1. Interested eligible bidders may obtain the tender documents online from e-procurement Portal ( & can be freely viewed on BID DOCUMENT FEES 1. A complete set of Bid Documents may be obtained by any interested bidder online from the our e-procurement website and can be freely viewed on A payment of tender document fee and tender processing fee as has to be made through online payment on for participating in the tender. 7.4 ELIGIBILITY CRITERIA FOR BIDDERS 1. The bidder must be a Company registered under Indian Companies Act, The bidder must have Company incorporation certificate, valid VAT/ Sales Tax Registration Certificate, valid Service Tax Registration Certificate and Income Tax Return with Audit Report from CA (Chartered Accountant). Bidder shall provide an attested copy of all the above-mentioned certificates along with this bid document. 3. A group of companies are not allowed to come together and bid for this project as a consortium or joint venture or SPV (Special Purpose Vehicle). However, the following should be noted with respect to bids: The bidder may sub-contract part (not more than 30% of the contract value) of the work to an agency that they deem fit. The sole responsibility of the project would be that of the Bidder. Only the Bidder shall submit the bids and sign the contract agreement. The bidder may only sub-contract work related to the business of providing Training and Communication, Digitization and site preparation services. The technical proposal shall contain the details of work proposed to be subcontracted. Page 10

18 The bidder is presumed to be a system integrator with inhouse capability of software developed and associated infrastructure (Hardware/networking) through principal manufacturer. 4. The bidder must submit documentary evidence in support of its claim for fulfilling the criteria and should submit an undertaking on its letterheads to the fairness of these documents in support of their claim while submitting the Bids. 5. The Bid received without required Earnest money will be rejected. 6. The bidder must be possessing valid CMMI Level-3 or above certification. The copy of the same should be submitted along with the Technical bid. 7. The bidder should have a team of at-least 200 developers/ technical experts. An undertaking by the HR manager/ Authorized officer of the company should be furnished. 8. The bidder should be an IT/Software Development Services provider company and in operation since last Ten Years as on 31-Mar The bidder must have annual turnover of Rs. 25 Crores (Rupees Twenty Five Crores) or more from IT related services in each of the last three financial years. CA certificate, Certified audited copies of balance sheets, profit & Loss Accounts, Annual Reports of last three financial years ( , , ) must be enclosed. 10. The Bidder must have good understanding of Government Domain and must have successfully completed at-least 3 projects in the Government organization/psus in India, COTS/Custom Built being the architecture. The value of each of such assignment on turn-key basis should be at least Rs. 2 Crores (Rupees Two Crores). The bidder should attach copies of the customer purchase orders / contracts which should indicate the deliverables and the scope along with the completion certificates/performance fulfillment certificate of relevant assignments. 11. The bidder should not have been Black listed by any State or Central Government or any State or Central PSU in India at the time of bid submission. An undertaking must be submitted by the bidder. 12. Relevant portions, in the documents submitted in pursuance of eligibility criterion mentioned above, may be highlighted. If tender were not accompanied by all the above Page 11

19 documents mentioned, the same would be rejected. Undertaking for subsequent submission of any of the above document will not be entertained under any circumstances. 13. Concealment of any fact regarding eligibility criteria will lead to termination of contract and forfeiture of performance security. Technical Presentation 14. The bidder may be required to make a presentation of their credentials and proposal. In such case, the exact date, time venue of the presentation will be intimated separately. The bidder would be assessed broadly on the Credentials of the organization and constitution (As per Eligibility Criteria mentioned above). Core business and experience Technical and managerial capability of the firm. Performance record of the last three years. Methodology and proposed operational plan. Past experience of executing similar projects, etc. 7.5 BID SECURITY 1. The Bid security shall be in Indian rupees (INR) and shall be a Bank Guarantee (BG) issued by a nationalized/ scheduled bank in India and shall be valid for at least 180 days. No interest shall be payable on Bid Security under any circumstances. 2. The Bidder shall furnish as part of its Bid, a Bid security of Rupees 10 Lakh (Ten Lakh only), by way of Demand Draft or Bank Guarantee. The demand draft or Bank Guarantee shall be in favour of Chief Executive Officer, MAP_IT, payable at Bhopal, issued by a Nationalized Bank or scheduled bank. The Bid Security shall be enclosed with the Pre- Qualification Form (Annexure-C). 3. Unsuccessful Bidder's Bid security will be returned within 60 days from signing of agreement with successful bidder. The successful Bidder's Bid security will be discharged upon the Bidder's signing the Contract Agreement and furnishing the Performance Security. 4. The Bid Security may be forfeited: Page 12

20 a. If a Bidder withdraws its Bid during the period of Bid validity specified in this bid document; or b. In case of any variation between the Commercial Bid and the Technical Bid, the Bidder will be asked to amend the Commercial Bid to bring it in line with the Technical Bid. If the Bidder refuses or fails to amend the Commercial Bid to the satisfaction of the Committee, it will be presumed that its Bid has been withdrawn during validity period and its Bid security will be forfeited. c. In case of a successful Bidder fails to sign the Contract as specified in this bid document or fails to furnish Performance Security as specified in this bid document. 7.6 PERIOD OF VALIDITY OF BIDS 1. Bids shall remain valid for 180 days after the date of Bid opening. A Bid valid for a shorter period may be considered as nonresponsive and shall be rejected. 2. The MAP_IT may solicit the Bidder's consent to an extension of the period of Bid validity. The request and the responses thereto shall be made in writing. The Bid security provided shall also be suitably extended. A Bidder may refuse the request without getting its Bid Security forfeited. A Bidder granting the request will neither be required nor permitted to modify its Bid. 7.7 APPLICATION AND INTERPRETATION OF CLAUSES 1. For interpretation of any clause in the Bid Document or Contract Agreement the interpretation of the MAP_IT (Selection Committee) shall be final and binding on the Bidder. 7.8 COMPLETENESS OF BID DOCUMENT: 1. The list of Documents comprising the Bid to be submitted by the Bidder shall be mandatory to include the following documents duly filled up: Bid Form (Annexure B) Pre-qualification Form (Annexure C) Technical Bid Covering Letter (Annexure D) Performance Statement Form (Annexure E) Bid Security Form (Annexure F) Time Schedule Form (Annexure H) Page 13

21 Commercial Bid Covering Letter (Annexure I) Commercial Bid- itemwise price Schedule (Annexure J) Details of Components offered (Annexure L) Format for list of computer professionals (Annexure N) Bidder s Authorization Certificate. (Annexure O) Self-Declaration (Annexure P) Certificate of Conformity (Annexure Q) Manufacturer s Authorization Form (Annexure R) 2. The Bidders are expected to examine all instructions, forms, terms, project requirements and other information provided in the Bid document. Failure to furnish any information required by the Bid or submission of a Bid not substantially responsive in every respect will be at the Bidder s risk and may result in rejection of the Bid and forfeiture of the Bid Security. 7.9 LANGUAGE OF BID 1. The Bid prepared by the Bidder, the correspondences as well as all the document relating to the Bid exchanged between the Bidder and the MAP_IT, shall be in English language. Supporting documents and printed literature furnished by the Bidder may be in some other language, provided, they are accompanied by an accurate translation of the relevant passages in English CLARIFICATION OF THE BID DOCUMENT AND PRE-BID CONFERENCE 1. In the pre-bid meeting, the MAP_IT and AG Office Representatives would address the clarifications sought by bidders with respect to the RFP document and project. For the same, the bidder should submit the queries in writing in given format Annexure A. Please note that the queries not submitted in the prescribed format shall not be entertained at all. 2. The prospective bidders having any queries/clarifications about the contents detailed in the RFP may submit the same in prescribed format to MAP_IT in writing and through E- Mail ([email protected] and [email protected]) at least one days in advance from the date of pre-bid meeting. No additional queries would be entertained after pre-bid meeting. Page 14

22 3. MAP_IT reserves the right not to respond to any/all queries raised or clarifications sought if, in their opinion and at their sole discretion, they consider that it would be inappropriate to do so or do not find any merit in it. 4. Response on the Pre-bid queries and amendments (if any) would be uploaded on the websites and Bidders are advised to regularly visit the websites for updates AMENDMENT OF BID DOCUMENT BY THE MAP_IT 1. At any time prior to the deadline for the submission of Bids, the MAP_IT may, for any reason, whether on its own or in response to a clarification requested for by a prospective Bidder, modify the Bid Document by way of amendment(s). 2. In order to allow reasonable time to the prospective Bidders for taking into account such amendment(s), in the preparation of their Bids, the MAP_IT, at its discretion, may extend the deadline for the submission of Bids, any time. 3. All the amendments/corrigendum (if any) would be uploaded on the website as mentioned above. Bidders are advised to regularly visit the websites for updates BID PRICE 1. The Bidder shall indicate prices on the prescribed Commercial Bid-itemwise Price Schedule (Annexure J) in Indian Rupees only. 2. The Bidder is required to ensure that the products quoted are as per prescribed specification, industry standard and is compatible with latest & Upgraded hardware, other system software, application software and networking equipments, etc 3. The Bidders are required to quote their best prices, inclusive of all taxes, levies, freight, forwarding, handling, insurance, inland transportation, local costs etc. incidental to the delivery of goods to their final destination at all project sites and for its installation, configuration, tuning, testing, integration, commissioning and maintenance charges for 60 months after Go-Live and training of personnel required. 4. The required products and equipments quoted by the bidders must have its specifications equivalent to or superior than those mentioned in the Bid. In case of any difference in specification of an item with those in the Bid Document, the Technical Page 15

23 Committee shall decide whether specifications of offered product are equivalent/ superior or not and its decision will be final and binding. 5. During the course of supply, the Bidder, with the consent of AG Office, may supply a superior Compatible version, or higher configuration, meeting or exceeding technical specifications of the contract without any extra cost payable for that. 6. The rates offered by the Bidder should be firm and free from all escalations. Prices quoted by the Bidder shall be fixed during Bidder s performance of the Contract and shall not be subject to variation on any account. A Bid submitted with a price adjustment/variation provision will be treated as non-responsive and rejected, pursuant to Clause of Preliminary examination mentioned in this bid document. 7. Bidder must submit item-wise prices for all items given in Annexure-J. These item-wise prices will be used for calculating the value of deviations, reductions/ increase in quantity & deletion of items altogether. 8 Bid Submission 1. Bids must be direct, concise, and complete. All information not directly relevant to this RFP should be omitted. Purchaser shall evaluate the bid based on its clarity and the correctness of its response to the requirements of the project as outlined in this RFP. 2. The bids shall be submitted online on as per the formats given below 8.1 FORMAT OF SUBMISSION 1. EN-01 EMD (Offline submission): An envelope containing EMD and Bid Security Form (Annexure F) is to be super scribed as EMD Case Management and Tracking System in AG Office The envelop is to be submitted physically at MAP_IT office, State IT center, 47-A, Arera Hills, Bhopal, Madhya Pradesh. 2. EN-02 Pre-qualification Bid: The PDF file, should be titled as Pre-qualification Case Management and Tracking System in AG Office a. Annexure B : Covering letter - Tender Document Page 16

24 b. Annexure C : Pre-Qualification Document Check-List as per the eligibility criteria. c. Annexure O : Bidder's Authorization certificate EN-03 Technical Bids: A PDF file titled as Technical Bid - Case Management and Tracking System in AG Office a. Annexure D : Technical Bid Covering Letter b. Annexure E : Performance State Form c. Annexure - H : Time Schedule Form d. Annexure L : Details of Components Offered e. Annexure N : Format for List of Professionals f. Annexure P : SELF-DECLARATION g. Annexure Q : CERTIFICATE OF CONFORMITY h. Annexure R : MANUFACTURER S AUTHORIZATION FORM i. Proposed Solution: The technical Bid should contain a detailed description of how the Bidder will provide the required services outlined in this Bid. It should articulate in detail, as to how the Bidder s Technical Solution meets the requirements specified in the Bid. The Technical Bid must not contain any pricing information. Any information submitted, additional to the required response should be marked as Supplementary and will be furnished as separate section. If the Bidder wishes to propose additional services (or enhanced levels of services) beyond the scope of this Bid, the proposal must include a description of such services as a separate attachment to the Bid. The technical Bid should entail the details of Tasks to be performed as per detailed scope of work and technical specifications as given in the Bid covering the following at the minimum: Overview of the Proposed Solution that meets the requirements specified in the Bid Detailed description of COTS solution, its capability of providing desired solution with minimum customization and instances of its successful implementation for similar solutions. Proposed Solution architecture Technical architecture Scalability and Performance Requirements Page 17

25 Operational environment Implementation methodology, project plan and implementation schedule Project team structure, size and capability (Total Staffing plan including numbers) Project Management, reporting and review methodology Quality standards and assurance process to be followed Risk Identification/Mitigation Strategies Training & Change Management Strategies Key Deliverables (along with example deliverables, where possible). The Technical Bid shall also contain Bidder s plan to address the key challenges of the project. Any deviations in the final deliverables between technical and commercial Bids shall make the proposal as being unresponsive and may lead to disqualification of the entire Bid. MAP_IT reserves the right to take appropriate action in this regard. EN-04 Financial Bid: The PDF file titled as Financial Bid - Case Management and Tracking System in AG Office has to be uploaded electronically and would include Annexure I : Covering Letter Financial Bid (Format). Item Wise Price Schedule (Annexure "J") has to be uploaded in MS Excel sheet format, which is available on eprocurement Portal. a. The Bidder shall indicate the prices for various items mentioned in Annexure-J as described in price schedule. The Bidder can quote separately for additional features that are desirable for better performance of the project and are not considered under the scope of this work. However, the final Bid price shown by the Bidder for complete work (excluding additional feature) shall be treated as the Bid price for the project, for comparison of Bids. b. Unless expressly indicated, Bidder shall not include any technical information regarding the services in the commercial Bid. Additional information may be submitted to accompany the proposal. In submitting additional information, it should be marked as supplemental to the required response. Prices shall be quoted entirely in Indian Rupees and must separately indicate all applicable taxes and levies. c. The commercial Bid must be detailed and must cover each year of the contract term. The commercial Bid must be summarized by completing the price schedule, which is contained in "Annexure J" of this Bid. Page 18

26 8.2 AUTHORISED SIGNATORY ON BEHALF OF THE BIDDER 1. 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 Authorization Certificate (Annexure "O") from the competent authority of the respective Bidding firm. 8.3 GENERAL INSTRUCTIONS 1. 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. 2. All information supplied by Bidders shall be treated as contractually binding on the Bidders. On successful award of the assignment by MAP_IT, the same information shall be the basis of the contract. 3. This Tender supersedes and replaces any previous public documentation & communications, and Bidders should place no reliance on such communications. 4. MAP_IT reserves the right to postpone or cancel a scheduled Tender opening at any time. 5. The Tender would be led only by the bidder to whom the Tender document fee receipt has been issued and cannot be transferred to any other entity. 6. Each bidder shall submit only one Proposal. The bidder who submits more than one Proposal will be disqualified. 8.4 DISQUALIFICATION 1. MAP_IT may at its sole discretion and at any time during the processing of bid, disqualify any Tender from the bid process if: - a. The bid is not submitted in accordance with this document. b. The firms is not meeting eligibility criteria as mentioned in this RFP c. During validity of the bid or its extended period, if any, the bidder increases his quoted prices. d. Bidder has submitted condition bid. e. Bidder has made misleading or false representations in the forms, statements and attachments submitted in proof of the eligibility requirements. Page 19

27 f. Bid received after due date and time. g. If found to have a record of poor performance such as abandoning work, not properly completing the contract, inordinately delaying completion, being involved in litigation or financial failures, etc. h. Bid is not accompanied by required documentation and Earnest Money Deposit (EMD) would be rendered non-responsive and will be out rightly rejected. i. Bidder is failed to provide clarifications related thereto, when sought. j. Bidder has submitted more than one bid. This will cause disqualification of all bids submitted by such bidders. k. Bidders who are found to canvass, influence or attempt to influence in any manner for the qualification or selection process, including without limitation, by offering bribes or other illegal gratification shall be disqualified from the process at any stage. 2. Bidders may specifically note that while processing the tender documents, if it comes to knowledge expressly or implied, that some bidders may have compounded in any manner whatsoever or otherwise joined to form a cartel resulting in delay / holding up the processing of tender then the bidders so involved are liable to be disqualified for this contract as well as for a further period of two years from participation in any of the tenders floated by any department of Govt. of MP. It is also clarified that if need arises then MAP_IT and AG Office would go in for appointment of outside party(s) to undertake the work under the captioned tender. 9 Bid Evaluation 1. Evaluation of bids received in response to the NIT for the Project shall be evaluated by the Selection Committee constituted by MAP_IT. 2. Conditional bids shall be summarily rejected. 3. Selection Committee shall examine the bids to determine whether they are complete, whether any computational errors have been made, and whether the bids are generally in order. 4. If there is any discrepancy or arithmetical error between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall Page 20

28 prevail and the total price shall be corrected. If the Bidder does not accept the correction of the errors, the bid shall be rejected. If there is a discrepancy between words and figures, the amount in words shall prevail. 5. The Tender Committee may conduct clarification meetings with each or any bidder to discuss any matters, technical or otherwise. 6. Bid document shall be evaluated as per the following steps: 9.1 PRELIMINARY EXAMINATION 1. This shall involve assessment of EN-01 and EN-02 as specified above. The submitted documents shall be examined to determine whether the bidder meets the eligibility criteria, completeness of the bid, whether the documents have been properly signed by the authorized signatory and whether the bids are generally in order. 2. MAP_IT reserves the right to seek information/clarifications from the bidders. Any bids found to be non-responsive for any reason or not meeting the minimum levels of eligibility criteria specified in the various sections of this Tender Document shall be rejected and not included for further consideration. 3. Before starting evaluation, the Bids will be examined to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order. 4. The Selection Committee set up by MAP_IT for evaluation of Bids, may waive any minor infirmity or non-conformity or irregularity in a Bid which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder. 5. Prior to the detailed evaluation, the Selection Committee will determine the substantial responsiveness of each Bid to the bidding documents. For purpose of these Clauses, a substantially responsive Bid is one, which conforms to all the terms and conditions of the bid documents without material deviations. 6. If the Selection Committee determines that a Bid is materially deviating from the prescribed terms and conditions, then the matter may be referred at higher level to decide whether the deviations of the Bid are material or not. Decision of the Selection Committee regarding this shall be final and binding. Page 21

29 7. The Committee s determination of a Bid's responsiveness is to be based on the contents of the Bid itself without recourse to extrinsic evidence. 8. If a Technical Bid is determined as not substantially responsive, the MAP_IT will reject it and in such a case Commercial Bid will not be opened. 9. The committee may invite each Bidder to make a presentation at a date, time and location decided by MAP_IT. The purpose of such presentations would be to allow the Bidders to present their proposed solutions to the committee and the key points in their Bids. 9.2 TECHNICAL EVALUATION 1. A three-stage procedure will be adopted for evaluation of proposals, with the pre qualification being completed before the technical evaluation and thereafter financial proposals being opened and compared. 2. The Pre Qualification proposal will be evaluated using the following checklist S. No. List of Documents Supporting documents Annexed as 1 Cover Letter On Bidder s Letter head 2 Bidder s Authorization Certificate "Annexure O" 3 The bidder must be a Company/firm registered under Indian Companies Act, The bidder should deposit Earnest money. The Bid received without required Earnest money will be rejected. 5 The bidder must be possessing valid CMMI Level-3 or above certification. The copy of the same should be submitted along with the Technical bid. 6 The bidder should be an IT/Software Development Services provider company and in operation for the last Ten Years as on 31-Mar The bidder must have annual turnover from IT related services averaged over the last three financial years, more than Indian Rs. 25 Crores (Rupees Twenty Five Crores). CA certificate, Certified audited copies of balance sheets, profit & Loss Accounts, Annual Reports of last three financial years ( , , ) must be enclosed. 8 The Bidder must have good understanding of Government Domain and must have successfully completed at-least 3 egovernance Projects in the Government Departments/Govt. Organizations/ PSUs in India. The value of each of such assignment on turn-key basis should be at least Rs. 2 Crores (Rupees Two Crores). The bidder Certificate of Incorporation/ Article of Association etc. DD/BG from Nationalized/scheduled Bank enclosed. Copy of relevant certificates be enclosed. Undertaking and documentary evidence be enclosed. CA Certificate of this effect and audited balance sheets/ profit and loss accounts/ annual reports of last three financial years ( , , ) should be enclosed. Copy of work orders, CA audit certificates, purchase orders, completion certificates and other relevant documents be enclosed. Page 22

30 should attach copies of the customer purchase orders / contracts which should indicate the deliverables and the scope along with the completion certificates of relevant assignments. 10 The bidder should not have been Black listed by any State or Central Government or any State or Central PSU in India at the time of bid submission. An undertaking must be submitted duly attested by the bidder. 11 The bidder should have a team of at-least 200 developers/ technical experts. 12 The bidder must submit documentary evidence in support of their claim for fulfilling the criteria and they should submit an undertaking on their letterheads to the fairness of these documents in support of their claim while submitting the Bids. The Bids received without documentary evidence will be out rightly rejected. Undertaking on Letter head be enclosed Undertaking on Letter head be enclosed. Undertaking on Letter head be enclosed. 3. Criteria for Evaluation and Comparison of Technical Bids: The technical proposal will be evaluated using the following criteria: Sr. No. Technical Parameter Checklist (Must submit Documentary evidence for each parameter) 1 Information Technology based Company registered under the Indian Companies Act, 1956 since last 10 (Ten) years: >= 20 Years (5 marks) >= 15 Years (3 Marks) >= 10 Years (2 Marks) 2 The bidder should have minimum turnover of Rs. 25 Cr. in each of the last 3 years (10-11, & 12-13). >= 100 Cr. (10 marks) >=50 Cr (7 marks) 25 Cr. (5 marks) 3 In capacity of System Integrator/Implementation Agency, The bidder should have successfully implemented egovernance Projects that involves application development/ customization in any Govt. Department/Govt. Organization/ PSU in India. Project value must be at least Rs. 2 Crore for each such project. >=10 Projects = 15 marks >=5 Projects = 10 marks 3 Project = 8 mark 4 The bidder should have a team of at-least 200 developers/ technical experts. >= 500 developers/ Technical experts (10 marks) >=300 developers/ Technical experts (8 marks) 200 developers/ Technical experts (5 marks) Max score Page 23

31 5 Experience of implementing COTS based DMS Solution or Case 10 Management Solution (Procure, Supply, Customize, implement and maintenance) Project value should not be less than Rs. 2 Crore for each such project. >=5 Projects = 10 marks >=2 Projects = 5 marks 1 Project = 3 marks 6 The Bidder should have a valid CMMI level 3 or above certification. 5 CMMI Level 5 = 5 marks CMMI Level 4 = 4 marks CMMI Level 3 = 3 marks 7 Experience of HR Management Solution (supply, implementation 5 and maintenance) >=3 Projects = 5 marks 2 Projects= 3 marks 1 Project = 2 mark 8 Experience of Library Management Solution (supply, implementation 5 and maintenance) >=3 Projects = 5 marks 2 Projects=3 marks 1 Project = 2 mark 9 Technical Presentation/Solution framework 35 Parameter for technical presentations: 1. Proposed Solution and Architecture 2. SLA monitoring system/tool 3. Strategy proposed 4. EMS/NMS/project monitoring tools 5. Project O&M Plan 6. Data digitization plan 7. Implementation strategy 8. Project timelines and plans 9. Proposed manpower (at least key resource nomination should be submitted with technical proposal) 10. Any other parameter decided evaluation committee. Total 100 Note: Bidder has to submit sufficient documents to support their claims for marks. 4. The commercial bids of only those bidders, who have scored at least 70% marks in technical bid evaluation process, will be considered for commercial bid evaluation. Page 24

32 9.3 OPENING & COMPARISON OF COMMERCIAL BIDS 1. The Commercial Bids will be opened, in the presence of Bidders representatives (Maximum two for each bidder). The Bidder s representatives who are present shall sign a register evidencing their attendance. 2. The Commercial Bid of only technically qualified bidders will be opened. Those technically qualified bidders shall be termed as Substantially Responsive. The decision of the MAP_IT in this regard shall be final. 3. The Commercial Bids will be opened and compared (after the technical evaluation is completed) for those Bidders whose technical bids reach the minimum threshold standards (i.e. 70% marks). The Bidder is required to quote for all the items as mentioned in the Price Schedule. Therefore any Bid which does not quote for all items will be determined to be non- responsive and may be rejected. The ranking of bidders shall be decided on the basis of bid value as quoted by the bidder in "Annexure J" & most economical option (lowest quote) will be considered as L1/ successful bidder. 4. MAP_IT and AG Office reserves the right to not to award the contract to the L1 bidder without assigning any reasons thereof. 5. The name of Bidder, Bid Prices, etc. will be announced at the meeting. 6. If required MAP_IT may vary quantity or no of items mentioned or both from the list of BOM (Specially for items for which item wise rates are asked separately) 10 Award of Contract 1. A contract will be awarded AG Office to the responsive Bidder whose Bid conforms to the requirements and is, in the opinion of the MAP_IT, the most advantageous and represents the best value to the project, price and other factors considered. Evaluations will be based on the Bids, and any additional information requested by the MAP_IT RIGHT TO VARY ACTIVITIES AT THE TIME OF AWARD 1. The AG Office shall have the right to make any alterations, omissions, additions or subtractions in items, their quantities along with technical specifications and/or BoM at the time of award of contract. In consultation with MAP_IT, the AG Office will give such intimation to the successful Bidder, and additional cost/deduction in the Bid prices, based on the price schedule submitted by him, will be worked out with the Bidder. Page 25

33 10.2 RIGHT TO ACCEPT OR TO REJECT ANY OR ALL BIDS 1. The MAP_IT reserves the right to accept or reject any Bid, and to annul the Bid process and reject all Bids at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or any obligation to inform the affected Bidder of the grounds for the MAP_IT's action. 2. MAP_IT may, in exceptional circumstances and at its discretion, extend the deadline for submission of bids by issuing a notification which shall be posted only on In such a case all rights and obligations of MAP_IT and the bidders previously subject to the original deadline shall thereafter be subject to the deadline as extended NOTIFICATION OF AWARD TO THE BIDDER 1. Before the expiry of the period of validity of the proposal, the MAP_IT will formally recommend the name of successful bidder to the AG Office, Jabalpur. The AG Office shall notify the successful Bidder in writing by registered letter or by fax, that its bid has been accepted. The Bidder shall acknowledge in writing receipt of the notification of award and will send his acceptance to enter into agreement within seven (7) days. 2. Notwithstanding anything else contained to the contrary in this Document, the AG Office reserves the right to increase or decrease quantities required for any phase at any stage or even delete some of the items altogether. The quantities can be altered without any change in the unit price or other terms and conditions. The AG Office may even vary the break up of overall quantities of an item in view of techno-commercial reasons SIGNING OF CONTRACT: 1. The notification of the award shall constitute signing of the contract/ agreement. However, if required, the AG Office may negotiate certain terms with successful Bidder before signing of the contract/agreement. The signing of agreement will amount to award of contract and bidder will initiate the execution of the work as specified in the contract/agreement. If the bidder refuses to accept the award within one week and disinclines / or neglects the signing the contract agreement and does not offer to sign the agreement immediately after one week of receipt of letter of intent and does not Page 26

34 sign the contract agreement within a fortnight, the AG Office will ask MAP_IT to forfeit the bid security of the bidder DISCHARGE OF BID SECURITY: 1. Upon the successful signing of the agreement, AG Office shall promptly request the Bidder to provide performance security. On receipt of the performance security, the bid security will be released by MAP_IT EXPENSES FOR THE CONTRACT 1. The incidental expenses of execution of agreement / contract shall be borne by the successful bidder LOSS OF REVENUE TO THE AG OFFICE: 1. The bidder shall be vicariously liable to indemnify the AG Office in case of any misuse of data/information by the bidder, deliberate or otherwise, which comes into the knowledge of the AG Office during the performance or prevalence of the contract. The amount of indemnity in any case will be decided by the Competent Authority in AG Office USE OF CONTRACT DOCUMENTS AND INFORMATION 1. The bidder shall not, without the AG Office Competent Authority's prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the AG Office in connection therewith, to any person other than a person employed by the bidder. Disclosure to any such employed person shall be made in confidence and shall extend only so far, as may be necessary for purposes of such performance of the contract. 2. Any document, other than the contract itself, shall remain the property of the AG Office and shall be returned (in all copies) to the AG Office on completion of the selected bidder s performance under the contract, if so required by the bidder. Page 27

35 10.9 FAILURE TO ABIDE BY THE AGREEMENT 1. The conditions stipulated in the agreement shall be strictly adhered to and violation of any of these conditions will entail termination of the contract without prejudice to the rights of the AG Office with such penalties as specified in the agreement PERFORMANCE SECURITY 1. Within 21 days of notification of award, the Selected Bidder shall furnish performance security equal to 10% of bid value, valid up to 60 days after the date of completion of the project term that includes 5 years operation and maintenance period after Go Live of the project. 2. The proceeds of the performance security shall be payable to the AG Office as compensation for any loss(es) resulting from the failure of the System Integration Bidder to meet out its obligations under the Contract. 3. The performance security shall be furnished in the form of an unconditional and irrevocable Bank Guarantee for Contract Performance of the sum equivalent to 10% of the contract value in a form and manner acceptable to the AG Office which would remain valid until such time and be renewable as may be stipulated by the AG Office. 4. The Performance Security will be discharged by the AG Office and returned to the Bidder not later than 60 days following the date of completion of the Bidder's performance obligations, as mentioned in the bid document. Page 28

36 11 Roles & Responsibilities 11.1 ROLE OF MAP_IT 1. Role of MAP_IT is to conduct fair and transparent bidding process and provide technical/project management support AG Office during implementation phase. Owner of this project is AG Office Jabalpur who entrusted MAP_IT as project consultant. Apart from conducting bidding process, MAP_IT will also provide dedicated consultants for Project Management and Monitoring to AG Office. Role of MAP_IT in the bidding process is limited to the selection of IA (Implementing Agency). Selected IA will sign the service agreement with AG Office, Jabalpur and submit performance security to AG Office. Thus, after completion of selection process, MAP_IT will remain accountable only to the AG Office as per mutually decided terms ROLE OF AG OFFICE 1. As an owner of the Project, the role of AG Office in the successful implementation of the project includes discharging the following responsibilities: a. Laying down the matrix of success of the Project; b. Owning the core and critical assets of the Project and exercising Strategic Control over the Project; c. Laying down the policies related to functioning of AG Offices; d. Approving the budget and releasing the funds required for the Project; e. Facilitate and/or approve the deputation of employees for the Project; f. Constituting a Project emission Team (PeMT) and Program Management Unit (PMU) for facilitating smooth implementation of the Project; g. Reviewing the performance of the Implementation Agency through PMU; h. Issuing directions to the PMU and IA as may be needed; i. Reviewing the performance its staff and user groups and ensuring compliance with the requirements of the system; j. Approving a productivity-based incentive scheme for the employees; k. Ensuring that all the AG Offices (Indore and Gwlior) take active part in the project; l. Identifying & nominating appropriate personnel from AG Office to participate in the Acceptance Testing; Page 29

37 m. Engaging a third party for acceptance testing and audit of security & controls of the application & infrastructure established under the project; n. Facilitate the training programs that will be conducted by the IA and other agencies at all the implementation sites; o. Facilitate Change Management efforts by Issuing of circulars, instructions, etc., to effect changes to existing roles and responsibilities of employees, adoption of reengineered processes in participating divisions and such other matters as may be necessary from time to time; p. Coordinating with the High Court, Govt. Departments and other Govt. Agencies for the smooth operations of the Project; q. Ensuring that all the legal amendments are carried out where occasioned by the redesigned processes; r. Facilitate the communication program that will be conducted by the IA for popularizing the new system; s. Periodic review and testing of SLA Monitoring System implemented by IA for accuracy and completeness in the reports generated from the system ROLE OF IMPLEMENTATION AGENCY 1. The responsibilities of IA are as specified in the Scope of Work section of volume I of this RFP. 12 Service Level Agreement 1. Following section outlines the key service level requirements for the new system, which needs to be ensured by the IA during the operations and maintenance period. These performance requirements shall be strictly imposed and a third party audit/certification agency also be deployed by AG Office for certifying the performance of the IA against the target performance matrix as outlined in this volume of the RFP. The SLA monitoring shall be performed/reviewed on a quarterly basis. During the Contract period, it is envisaged that there could be changes to the SLA, in terms of addition, alteration or deletion of certain parameters, based on mutual consent of both the Parties i.e. AG Office and IA. Page 30

38 12.1 SERVICE LEVEL OBJECTIVES 1. The following Service Level Objectives have been identified for governing the SLA in the Project. a. System should be available to the users always b. System should be easy to use and c. System should be responsive enough for the user to work without time delays/interruptions d. Users should be able to easily store and retrieve the data from the system e. Users should always get the right kind of support as and when it is required to perform their work 12.2 SLA MONITORING 1. The SLA parameters shall be measured on a daily/weekly/monthly/ quarterly basis as per the individual SLA parameter requirements, through appropriate SLA Measurement tools provided by the IA for the purpose and audited by a third party for accuracy and reliability. If the performance of the system/services is degraded significantly at any given point in time during the Contract and if the immediate measures are not implemented and issues are not rectified to the satisfaction of AG Office or an agency designated by them, then AG Office will have the right to take appropriate corrective actions including termination of the Contract. The Service Levels shall be reviewed on an annual basis by AG Office after taking the advice of the IA, PMU and State IT Department. Changes in SLA would be made by AG Office after consultation with the IA SERVICE LEVELS 1. Definitions i. Agreement" means this agreement together with all the Schedules and the contents and specifications of all the volumes of the Request for Proposal (RFP) and in all the attached schedules and any addendums, corrigendum issued and shall include any modifications, alterations, additions or deletions thereto agreed between the Parties in writing after the date hereof in terms of this Agreement. In the event of a conflict between this Agreement and the Schedules, the terms of the Agreement shall prevail; Page 31

39 ii. Project means Case Management and Tracking System Project involving System Design, Development, Implementation, Operations, Management and Maintenance across all the locations of AG Offices as per the terms and conditions laid in the RFP and provision of AG Office related services in conformance to the SLA; iii. "Deliverables" means the products, infrastructure and services agreed to be delivered by the Implementation Agency in pursuance of the Agreement as elaborated in the Volume I of the RFP in relation to the Implementation Phase and the Operations and Maintenance Phase and includes all documents related to the solution, user manual, technical manual, design, process and operating manuals, service mechanisms, policies and guidelines and source code and all its modifications; iv. Effective Date means the date on which the Agreement is executed by both the Parties. v. Intellectual Property Rights" Means the legal rights granted with the aim to protect the creations of the intellect. These rights include Industrial Property Rights (e.g. patents, industrial designs and trademarks) and Copyright (right of the author or creator) and Related Rights (rights of the performers, producers and broadcasting organisations).; vi. Material Breach means breach that has an effect on (a) the ability of Implementation Agency to perform/discharge any of its duties/obligations under and in accordance with the provisions of the Agreement; and/or (b) the legal validity, binding nature or enforceability of the Agreement; vii. Performance Guarantee and Performance Bank Guarantee shall mean the guarantee provided by a Nationalized Bank to AG Office on behalf of the Implementation Agency for the amount specified in the Vol. II (Instruction to Bidders) of the RFP; viii. Project Data" means all proprietary data of the PROJECT generated out of Project operations and transactions, documents and related information including but not restricted to user data which the Implementation Agency obtains, possesses or processes in the context of providing the Services to the users pursuant to this Agreement and the SLA; Project Location shall include all such AG Office sites that Page 32

40 will require setup of IT and Non-IT infrastructure including networking and backup facility for smooth operations of the Project. ix. "Project Implementation means Project Implementation as per the testing standards and acceptance criteria prescribed in the Volume I of the RFP; x. "Proprietary Information" means processes, methodologies and technical and business information, including drawings, designs, formulae, flow charts, data and computer programs already owned by, or granted by third parties to a Party hereto prior to its being made available under this Agreement, or the SLA; xi. "Service Level" means the level of service and other performance criteria which will apply to the Services as set out in the SLA, in Schedule VIII; xii. Service Level Agreement (SLA) means the Operation and Maintenance SLA, executed by and between Implementation Agency and AG Office, in terms of the Service Level Requirements as per the model set out in Schedule VIII of this Agreement; xiii. "Services" means the services delivered to the Stakeholders of Project, as defined in the Volume I of the RFP, using the tangible and intangible assets created, procured, installed, managed and operated by the Implementation Agency including the tools of information and communications technology; xiv. "Third Party Systems" means Systems (or any part thereof) in which the Intellectual Property Rights are owned by a third party and to which Implementation Agency has been granted a license to use and which are used in the provision of Services; xv. Working Day means any day on which AG Office will be functioning, including gazetted Holidays, restricted holidays or other holidays, Saturdays and Sundays. xvi. Resolution Time shall mean the time taken (after the incident has been reported at the helpdesk), in resolving (diagnosing, troubleshooting and fixing) or escalating (to the second level or to respective Vendors, getting the confirmatory details about the same from the Vendor and conveying the same to the end user), the services related troubles during the first level escalation. The resolution time shall vary based on the severity of the incident reported at the help desk. The severity would be as follows: a. Critical: Incidents whose resolution shall require additional investment in components or time or shall involve coordination with OEMs. These Page 33

41 incidents shall impact the overall functioning of the DC. For example, purchase of printer, router, software bug fixing etc. b. Medium: Incidents, whose resolution shall require replacement of hardware or software parts, requiring significant interruption in working of that individual component. For example, installation of operating system, replacement of switch etc. c. Low: Incidents whose resolution shall require changes in configuration of hardware or software, which will not significantly interrupt working of that component. For example, installation of printer on a client, replacement of LAN cables/ patch chord etc. 2. Service Level Standards 2.1. The IA has to meet the service level norms failing which the contract is liable to be penalized or cancelled. a. Provide, install, integrate and commission requisite hardware and software at all the locations to ensure minimum downtime. b. Providing immediate backup resources (operators, system/network administrator, project manager, database administrators etc.) in case of absence. c. Maintaining uptime of at least 99% at DC. (As per SLA). For the purpose of calculating the uptime, time taken for the following will be excluded: 1) Failure of the infrastructure, electricity etc. in the SDC. 2) Preventive maintenance and Planned Outage 3) Downtime caused due to any reason beyond control of IA for which, IA has made best of its effort to reduce downtime d. Maintenance of the machines and IT infrastructure. e. Changing the spares when they become faulty. f. Locate, resolve and repair technical faults g. Housekeeping of all hardware h. Ensure uninterrupted power supply i. Any other task to keep the system functional j. Identify software related problems such as run time error, spams, viruses, etc. and reload the machines with required software. Page 34

42 k. Depute manpower as described in this bid document. Note: - Please note that the successful bidder has to submit the duly signed SLA. SLA will be drafted by the AG Office and will be provided to the selected bidder later at suitable point of time. 3. SLA Categories 3.1. This SLA document provides for minimum level of services required as per contractual obligations based on performance indicators and measurements thereof. The IA shall ensure provisioning of all required services while monitoring the performance of the same to effectively comply with the performance levels. The services provided by the IA shall be reviewed by the AG Office that shall: a. Regularly check performance of the IA against this SLA. b. Discuss escalated problems, new issues and matters still outstanding for resolution. c. Review of statistics related to rectification of outstanding faults and agreed changes. d. Obtain suggestions for changes to improve the service levels The following measurements and targets shall be used to track and report performance on a regular basis. The targets shown in the following table are applicable for the duration of the contract. All the targets for the measurements are calculated on a quarterly basis. Please note that the IA should provide comprehensive, end-to-end service to maintain the Infrastructure, including replacement of the equipment in case of physical damage. No reason shall be entertained (unless those mentioned in Force Majeure) in case of un-availability of any service given in the scope of work in this RFP and the appropriate penalty shall be levied. The SLA has been logically segregated in the following categories: 3.3. Implementation Service Levels Service Category Target Severity Penalty System Integration Services for Final As per the Timelines Critical A penalty as 0.5% per week for first two weeks, 1% per week for Acceptance Testing mentioned in this bid every subsequent week subject to a maximum of 10%. Penalty Page 35

43 document. will be computed on CAPEX value of contract IT Infrastructure related Service Levels The required Hardware/ Software Accessibility/ Functioning Levels for AG Office are given below. Hardware/ Software Accessibility/ Functioning will be calculated for Individual project location/ site. Measurement Measurement Hardware/ Software Availability/ Accessibility at DC and AG Office Target Severity Penalty % Critical 1% of the QMC for every 2 hours of down time at a stretch or in parts up to total down time of 10 hours. This down time shall be calculated over and above the total hours of downtime permissible. Beyond 10 hours of down time, 2% of the QMC for every 1 hour of down time at a stretch or in parts Security and Incident Management: Incidence Per Month Penalty For every Virus attack reported and not resolved within 36 hours Rs 5,000 from the time of patch or virus removal tool / process is available For every incidence of Denial of service attack Rs 50,000 For every incidence of Data Theft. Rs 1,00,000 Further IA is subject to penalty and / or punishment applicable under the IT act or any other prevailing laws of the State / Country at that point in time, which shall be over and above the said penalty Intrusion Rs 200,000 SPAM Control >=95% Nil <95 % Rs 10, Terms and Conditions a. Scheduled and Preventive Maintenance should be planned only on Nonbusiness hours or Sundays or Holidays. b. Scheduled and Preventive Maintenance anytime during Service Hours will be considered unavailability of service. Page 36

44 c. For Scheduled and Preventive Maintenance by IA for the Hardware /or Software /or Active /or Passive shall be done with written prior intimation to client at least 72 hours in advance. d. MIS report will be submitted by the IA on monthly basis and as and when requested by the Client. e. Maintain an up-to-date comprehensive overall and individual network topology and lay-out, network and Security infrastructure configurations, Hardware and Software inventory, Data Back-up and restore procedure with policy, Core Services Setup, Password policy documentation in Soft and Hard copies. f. The IA should have a well-defined and documented procedure for change management. g. Managing and ensuring the services availability include mail, proxy, DNS, Antivirus, Database, Web services at optimum level for the users. h. Managing and operating all the Network Devices, Security components (and server) Hardware and Operating System related issues. i. Ensure availability and optimum utilization of all Networking, Security components and Server devices. j. Patch and Up-gradation of Operating System, Firmware, Signatures, application and necessary patches for all network, Security and Server devices to ensure smooth operability and availability of required services. k. Ensure Confidentiality, integrity and availability of Data with use of Suitable technologies, Process and best practices. l. Managing the server to ensure high- availability. m. Creation, omission and modification of administrative users required for managing application components. n. Maintaining and managing all the administrative passwords of various application components. (This will be done in consultation with AG Office). o. Creation, omission and modification of end-user s Id and password for his dayto-day operations and job profile. This will include but not limited to: Domain Proxy Internet Page 37

45 Servers Local (host) Machine 3.7. SLA Review Process AG Office may raise an issue by documenting the business or technical problem, and may ask from IA for possible solutions. A meeting can be conducted to resolve the issues in a timely manner. The IA shall develop an interim solution, if required and directed by the AG Office, and subsequently the permanent solution for the problem at hand Total penalty per quarter a. Total penalty during Operation and Maintenance phase of 5 years will be capped/limited upto the value of performance security i.e. 10% of the Project value. b. Total penalty per quarter for AG Office will be as Grand total of all the final figures as per all above sections for penalty calculation. Three consecutive quarterly deductions of more than 20% of the applicable fee on account of any reasons will be deemed to be an event of default and termination. c. If an equipment/component remains unrepaired beyond 14 days from reporting of the fault the Competent Authority from AG Office may replace it by purchasing the same from open market and the cost incurred for such purchase shall be recoverable from the IA. d. If for more than 33% of a particular equipment/component fault occurs for more than 3 times in a quarter, for which time taken to repair exceeds 7 days on average then entire lot of those equipment / component will have to be recalled by the IA and the entire lot will have to be replaced to the satisfaction of Competent Authority from AG Office by new equipment within 15 days of issue of notice to that effect. If the equipment/component is not replaced in the defined time limit then Competent Authority from AG Office will be free to purchase at the risk and cost of IA and will replace them. This will be without prejudice to any other action which may be taken according to the other provisions of this contract. Page 38

46 13 General Conditions 13.1 INTELLECTUAL PROPERTY RIGHTS 1. The IA will ensure that there is no violation of intellectual property rights, in any form, during execution of this project. The IA shall indemnify the AG Office all actions, costs, claims, demands, expenses & liabilities, whatsoever, resulting from any actual or alleged infringement as aforesaid and at the expenses of the IA the State Government/Competent Authority shall be defended in the defense of any proceedings which may be brought in that connection APPLICABLE LAW 1. The contract shall be interpreted in accordance with the laws of the Govt. of India and the Government of M.P INSPECTIONS AND TESTS 1. The Competent Authority from AG Office shall have the right to inspect the work done or to get it inspected by any agency at any stage during the contract period. 2. Pre-Delivery inspection/ testing will be done on the bidder site as approved by AG Office and by the agency directed by the AG Office. Post delivery inspection/ testing of all the supplied deliverables will also be done by the agency directed by the AG Office. 3. Agency for pre Delivery Inspection/ testing & Post Delivery Inspection/ testing of all the supplied deliverables will be decided by the AG Office. 4. The agency will submit detailed technological analysis report separately after Pre and Post Delivery Inspection/testing of all the supplied deliverables. The Competent Authority from AG Office reserves the right to accept or to reject the report whole or in part. 5. All cost & expenses made for PDI/ Testing & Post Delivery inspection/ testing of all the supplied deliverables will be borne by the IA GOVERNING LANGUAGE: 1. The contract shall be written in English language. Subject to Claus related to Language of Bid, English version of the Contract shall govern its interpretation. All correspondences and other documents pertaining to the contract, which are exchanged between the parties, shall be written in the English language. Page 39

47 13.5 COMPLETION OF PROJECT: 1. Notwithstanding anything contained in the Bid Document, the Project shall be deemed to be completed only after each of the following Deliverables is handed over to the Competent Authority from AG Office: a. Sign off from the competent authority of AG Office after completion of project activities like installation of hardware, software, data entry, data migration, data scanning, training, etc. b. All required activities as defined in the bid document including all changes agreed by AG Office are delivered by the Implementation Agency and accepted by AG Office. c. All required system functionality as defined in the bid document including all changes agreed by AG Office and delivered by the Implementation Agency and accepted by AG Office. d. All required documentation as defined in this bid document including all changes agreed by AG Office and delivered by the Implementation Agency and accepted by AG Office. e. All required training as defined in this bid document including all changes agreed by AG Office and delivered by the Implementation Agency and accepted by AG Office. f. All identified shortcomings/defects in the systems have been addressed to complete satisfaction of AG Office g. Certification by a third party testing agency appointed by AG Office. 2. In order to accept the system, AG Office must be satisfied that all of the work has been completed and delivered with complete satisfaction and that all aspects of the system perform acceptably. 3. The functional/logical acceptance of the system will only be certified when the proposed system is installed and configured according to the design and that all the detailed procedures of operating them have been carried out by the Implementation Agency in the presence of AG Office Staff TERMINATION 1. Termination for Default 1.1. The AG Office after consultation with the State IT Department, Government of MP may, without prejudice to any other course of action, for breach of contract, by written notice of 30 days to the IA, terminate the agreement in whole or in part, if: Page 40

48 a. The IA fails to perform any or all of the obligations within the time period(s) specified in the agreement or any extension thereof granted, by Competent Authority from AG Office. b. The quality of the delivery of various tasks is not up to the satisfaction of the Competent Authority. c. The IA fails to perform any other obligation under the agreement In the event of the Competent Authority terminating the contract in whole or in part, pursuant to clause above, the AG Office may procure at IA s risk and cost upon such terms and in such a manner as it deems appropriate, items or services similar to those remaining undelivered. The IA shall be liable to pay for any excess costs incurred by the Competent Authority for such procurement at his risk and cost. However, the IA shall continue with the performance of the contract to the extent not terminated The IA shall stop the performance of the contract from the effective date of termination and hand over all the reports studies etc. to the Competent Authority for which payment has been made. The IA may withdraw items, for which payment has not been made. No consequential damages shall be payable to the Bidder in the event of termination In case of termination of contract as mentioned in Clause above, all Bank Drafts/ FDR's furnished by the System Integration Bidder by way of Performance Security shall stand forfeited. 2. Termination for Convenience 2.1. The Competent Authority, by prior written notice sent to the Vender at least one month in advance, may terminate the contract, in whole or in part thereof, at any time for its convenience. The notice of termination shall specify that termination is for the Competent Authority s convenience and also the extent to which performance of the IA under the contract is terminated, and the date on which such termination becomes effective. No consequential damages will be payable to the IA in the event of such termination. However Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Contractor as are permitted by the prime contract and approved by Owner 3. Termination for Insolvency Page 41

49 3.1. The Competent Authority may at any time terminate the contract by giving notice to the IA, if the IA becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the IA, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the Competent Authority BIDDER PERSONNEL 1. The IA shall employ and provide such qualified and experienced personnel as may be required to perform the services under the agreement and to the satisfaction of the Competent Authority. The IA shall have an Office in MP INDEMNITY FOR INTELLECTUAL PROPERTY RIGHTS 1. No goods or services covered under the contract shall be sold, disposed by the supplier in violation of any right what so ever of third party, and in particular, but without prejudice to the generality of the foregoing, of any patent right, trade mark or similar right, or of any charge mortgage or lien. 2. The Supplier/Bidder shall indemnify the AG Office from all actions, cost, claims, demands, expenses and liabilities, whatsoever, resulting from any actual or alleged infringement as aforesaid and at the expenses of the supplier / Bidder, the AG Office shall be defended in the defense of any proceedings CORRUPT OR FRAUDULENT PRACTICES 1. The AG Office requires that the IA must observe the highest standard of ethics during the performance and execution of this contract. 2. For this purpose the following definitions of unethical behavior will be assumed. "Corrupt practice" means offering, giving, receiving or soliciting of anything in value or favour to influence the action of a public official in the procurement process or in contract executions, and "Fraudulent practice" means a mis-representation of facts in order to influence procurement process or the execution of a contract to the detriment of the interests of the department, and include collusive practice amongst Bidder's (prior to or after Bid submission) designed to establish Bid prices at artificial non-competitive levels and to deprive the department of the benefits of free and open competition. Page 42

50 3. In case of any Bidder being found to be indulging in unethical practices and declared so by the AG Office, the AG Office will reject the proposal for award and will declare the firm ineligible, either indefinitely or for a stated period of time, for bidding in future works DATA PROTECTION 1. In the course of providing the Services the IA may be compiling, processing and storing proprietary data relating to the users. 2. The IA is responsible for complying with its respective obligations under the applicable data protection laws and regulations governing the proprietary Data. 3. The IA is required to follow the best practices for the data security regarding all the data made available to them. 4. The IA shall not transfer any Data unless otherwise authorized by the Competent Authority in this regard CONFIDENTIALITY 1. The Competent Authority may permit the IA to come into possession of confidential public records as per the needs of the project and the IA shall maintain the highest level of secrecy, confidentiality and privacy with regard thereto. 2. Additionally, the IA shall keep confidential all the details and information with regard to the Project, including systems, facilities, operations, management and maintenance of the systems/ facilities, during implementation or after completion of the project. 3. The Competent Authority shall retain all rights to prevent, stop and if required take the necessary punitive action against the IA regarding any forbidden disclosure. 4. The IA shall ensure that all its employees execute individual nondisclosure agreements, which have been duly approved by Competent Authority with respect to this Project. 5. The aforesaid provisions shall not apply to the information: a. Already in the public domain; b. Which has been received from a third party who had the right to disclose the aforesaid information disclosed to the public due to a court order. Page 43

51 13.12 FORCE MAJEURE 1. Notwithstanding anything contained in the Bid Document, the IA shall not be liable for forfeiture of security, liquidated damages or termination for default, if and to the extent that, its delay in performance or other failures to perform its obligations under the agreement is the result of an event of Force Majeure. 2. For purposes of this clause Force Majeure means an event beyond the control of the IA and not involving the IA s fault or negligence and which was not foreseeable. Such events may include wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. The decision of the Competent Authority in consultation with the Dept. of IT, Government of M.P., regarding Force Majeure shall be final and binding on the IA. 3. If a Force Majeure situation arises, the IA shall promptly notify to the Competent Authority in writing, of such conditions and the cause thereof. Unless otherwise directed by the Competent Authority in writing, the IA shall continue to perform its obligations under the agreement as far as reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. The Competent Authority may after consultation with the Department of IT, Govt. of M.P, terminate this agreement by giving a written notice of a minimum 30 days to the IA, if as a result of Force Majeure, the IA is unable to perform a material portion of the services for a period of more than 60 days RESOLUTION OF DISPUTES 1. The Competent Authority and the IA shall make every effort to resolve amicably by direct informal negotiation, any disagreement or dispute that may arise between them under or in connection with the Contract. 2. If, after 30 days from the commencement of such informal negotiations, the Competent Authority and the IA are unable to resolve, amicably a contract dispute, either party may require that the dispute be referred for resolution to the formal mechanism specified in the Clause below. 3. In all matters and disputes arising there under, the M.P. State Arbitration Tribunal shall be the sole arbitrator to decide the claim and its decision shall be final and binding on both the parties. However, during the period of doubt, disagreement or dispute, the IA Page 44

52 shall ensure that the Project works in a normal way. Such doubts, disputes and disagreement shall not give any reason or freedom to the IA to interfere in or prevent normal functioning of the Project LEGAL JURISDICTION: 1. All legal disputes between the parties shall be subject to the jurisdiction of the courts situated in MP only. In case of arbitration, M.P. State Arbitration Tribunal will act as sole arbitrator TAXES AND DUTIES: 1. The responsibility of obtaining all the necessary statutory clearances lies with the IA. The IA shall be solely responsible for all taxes, duties, license fees, octroi etc. regarding all the items needed for completion of work assigned to him LOCAL CONDITIONS 1. The IA shall be deemed, to have exhaustively examined the Bid Document, to obtain all information and clarifications on all matters whatsoever, that might affect the carrying out of the work and to have satisfied himself as to the adequacy of the Bid. The IA is deemed to have known the scope, nature and magnitude of the work and as to all work he has to complete in accordance with the contracts, whatever be the defects, omissions or errors that may be found in the Bid document. 2. The bidder/ia shall be deemed to have acquainted himself of Government of India's and Government of Madhya Pradesh taxes & duties, Laws, statutes, regulations, levies and other charges. 3. Any negligence or omission or failure on the part of the IA in obtaining necessary and reliable information as stated above or on any other matter affecting the IA shall not relieve him from any risks or liabilities or the entire responsibility for completion of the work in accordance with the Bid Document NOTICE 1. Any notice, request or consent required or permitted to be given or made in this contract shall be in writing. Any such notice/ request shall be deemed to have been given or made when delivered in person to the authorised representative of the party to Page 45

53 whom the communication is addressed, or sent by registered mail, telegram, fax to such party at the address specified below: 2. In case of Competent Authority - Office of the Advocate General, High Court Premises, Jabalpur 3. In case of IA (To be filled at the time of signing of the Contract): 4. Notice will be deemed to be effective as specified below: a. In the case of personal delivery or registered mail - from the date of delivery. b. In the case of telegram - 72 hours after confirmed transmission. c. In the case of fax, hours after confirmed transmission WARRANTY AND MAINTENANCE 1. The IA shall provide a comprehensive warranty for duration of 60 months, commencing from the date when the system reaches Go-Live i.e. Go- Live + 60 months. 2. IA shall also provide complete maintenance support for all the solution components as outlined in this Bid for a period of Sixty months from the date of Go- live i.e. Go-Live + 60 months. 3. During the warranty period, the IA warrants that the services rendered under this contract are of most recent version and incorporate all recent improvements in design unless provided otherwise in the contract. The IA further warrants that the services rendered under this contract shall have no defects arising from design, materials or workmanship. 4. Competent Authority shall promptly notify successful Bidder in writing of any claims arising under this warranty. Upon receipt of such notice, the IA shall, within the warranty period and with all reasonable speed, repair the defect without costs to Competent Authority and within time specified and acceptable to Competent Authority. 5. If the successful Bidder, having been notified, fails to remedy the defect(s) within the period specified in the contract, Competent Authority may proceed to take such reasonable remedial action as may be necessary, at the successful Bidder s risk and expense and without prejudice to any other rights, which Competent Authority may have against the Successful Bidder under the contract. 6. During the comprehensive warranty period, the successful Bidder will provide all product(s) and documentation updates, patches/ fixes, and version upgrades within 15 Page 46

54 days of their availability and should carry out installation and make operational the same at no additional cost to Competent Authority. 7. The IA will have to make it sure that: a. The implemented solution represents a complete, integrated solution meeting all the requirements as outlined in the Bid and further amendments if any, and provides the functionality and performance, as per the terms and conditions specified in the contract. b. The implemented solution will achieve parameters delineated in the technical specification/ requirement and shall be appropriately integrated to meet PROJECT requirements. c. The successful Bidder will have to undertake to ensure the maintenance of the acceptance criterion/standards in respect of the systems during the warranty period SUPPORT MANPOWER 1. The IA will be bound to supply Support Manpower with good antecedents as specified in the Manpower deployment Plan. 2. All salaries and statutory benefits to the support manpower hired by the IA will have to be borne by the IA & no payments will be made by the AG Office to the support manpower except travel cost outside the city. 3. In case of absence of any of his employee, the IA should provide alternative person immediately. 4. The IA shall submit attendance sheet of deployed manpower on monthly basis to concern authority designated by AG Office. 5. The IA should ensure that the behavior of manpower is decent. The IA will be held responsible for indecent behavior of manpower and such employees should be immediately replaced when such matter is reported. 6. AG Office will not be liable to indemnify to the manpower/employee of the IA due to any miss happening of any type occurred in project period. Page 47

55 13.20 LIMITATION OF LIABILITIES 1. Neither party shall be liable to the other for any special, indirect, incidental, consequential (including loss of profit or revenue), exemplary or punitive damages whether in contract, tort or other theories of law, even if such party has been advised of the possibility of such damages. 2. The total cumulative liability of System Integrator arising from or relating to this agreement shall not exceed the total amount to be paid by AG Office under this project, which gives rise to such liability; provided, however, that this limitation shall not apply to any liability for damages arising from: a. Willful misconduct. b. Indemnification against third party claims for infringement PATENT RIGHTS AND COPY RIGHTS 1. The Implementing Agency shall indemnify AG Office against all third- party claims of infringement of patent, copy right, trademark or industrial design rights arising from use of the goods or any part thereof in India. 14 Deliverables S.N. 1. Deliverables PBG (within 15 days from the notice of award of contract) EMD as Security deposit (At the time of bid submission) 2. Detailed project plan for study, design, development & implementation of application system, Infrastructure, Digitization plan, Training strategy and plan, Change Management & Communication Strategy and plan and Training material. The plan should clearly identify all the milestones and deliverables together with the tasks and time & resource allocation. 4. System Requirement Specifications (SRS) Document 5. Technical / System Design Document (HLD and LLD) including but not limited to o o o o o Logical and Physical Data base Design Application architecture, deployment architecture, network architecture diagrams, security architecture etc. Component, and Deployment Views of the Application Collaboration, Class diagrams in the UML notations Security and Features Page 48

56 o o Performance Features Interface / Control Design Features Traceability Matrix Document on Testing Approach for Application, along with the test cases and test results. Digitized, corrected and Migrated Database Developed and customized solution IT Infrastructure solution encompassing Network, Servers, Database, System Software, including deployment and collocation at State Data Centre. Establishing the IT & non-it infrastructure at various project locations. Security policy Standard Operating Procedures Completion of Training for all the users Change Management Workshops including presentation materials and related documents Communication drives/ campaigns Updated Training & User Manuals Defect Free AG Office Application Software and other automation requirements including Source Code, library files, DLLs, Setup programs, Documentation, etc. Updated & Final System Requirements and Design Documents Maintenance Manuals for Administration and Maintenance of the system SLA Monitoring & Measurement system Project Documentation Post Implementation Support to AG Office Call Log & Resolution Reports Daily/Weekly/for-nightly/monthly Performance Monitoring Reports 13 At the end of each quarter, during O & M phase: Updated system design documents, specifications, Most recent source code, application deployment files, configuration files for entire solution Updated user manuals, administration manuals, training manuals etc. Software change logs etc. Page 49

57 15 Payments 1. The payment will be made on submission of bill (in two copies) by the IA to the AG Office. IA is required to submit bill with taxes as applicable at the time of bill submission. The AG Office will examine the bill thoroughly being payment authority and as per the terms & conditions of RFP. The DD/Banker cheques will be made in the name of IA as per the detail given in bill/demand note and after deducting the taxes/penalties (as and if applicable) in accordance to the provisions in this RFP document. All remittance charges will be borne by the IA. 2. Any penalties/liquidated damages imposed on the IA for non- performance, as per the criterion mentioned in this bid document, will be deducted from the payments for the respective period. All the kinds of tax will be deducted at source as per the prevalent rules & regulations at the time of making payments to the IA during the respective billing cycles. 3. Payment Schedule The payment to the Implementing Agency shall be made as under: A: Payment for application development, supply, installation, commissioning and integration of components at the Data Center and all the locations. S. Payment % of Project Condition/ Event No. Implementation cost 1 5% Submission of Detailed project plan for study, design, development & implementation of application system, Infrastructure, Digitization, Training & Change Management with implementation milestones. Submission of SRS with Technical / System Design Document Approval of Project plan with SRS by AG Office. 2 45% Successful pilot run of the application in AG office Jabalpur 3 20% On successful completion of Supply, testing, Installation, Commissioning and Integration of all equipments / items covered in the Project. Proof of Supply, Installation, Commissioning and Integration after proper testing must be submitted as per clause 11.4 Complete system acceptance of Volume 2 of RFP. 4 20% On Go Live after obtaining certificate of completion from AG Office. (After necessary AUDIT & CERTIFICATION as mentioned in clause 11.5 of Vol. 2 of RFP) 5 10% 10% Amount will be held back for warranty support period and will be released in 5 equal annual installments during the O&M phase (5 Years) of the project. Bidder may claim this amount on prorate basis by submitting a performance bank guarantee of equal/remaining amount for 5 years. Page 50

58 Note: The payment for the Hardware, Software and other components as supplied and deployed by the bidder/operator during the respective phases of the project as mentioned in the RFP shall be made as per the table mentioned above and only after successful completion of the respective phase. For this purpose, the itemwise price for the respective item, as quoted by the bidder in the financial bid, will be taken into account. B: Payment for Regular Manpower Support Payment for regular manpower support that includes 2 Positions i.e. 31 Computer Operator cum Steno Typist and 3 Computer Programmer, will be made on Quarterly basis by the AG Office. IA will be required to submit separate bills for same to the AG Office Jabalpur for same. In the commercial bid format (Annexure-J), bidders are required to quote yearwise rates for 5 years. C: Payment for Operation and Maintaining till 5 years after Golive S.No. Year Charges Payable (Per Year ) 1. For First year 15% value quoted for O&M for 5 yrs 2. For Second Year 20% value quoted for O&M for 5 yrs 3. For Third Year 20% value quoted for O&M for 5 yrs 4. For fourth Year 20% value quoted for O&M for 5 yrs 5. For Fifth Year 25% value quoted for O&M for 5 yrs Note: o No Advance payment shall be made in any stage. o The IA will quote separately to provide Operations and Maintenance for the first 5 years from the Go-live and then for extension (if any) at AG Office's discretion. Page 51

59 16 ANNEXURES Annexure A: Request for Clarifications Form Annexure B: Bid Form Annexure C: Prequalification Form Annexure D: Technical Bid Covering Letter Annexure E: Performance Statement Form Annexure F: Bid Security Form Annexure H: Time Schedule Form Annexure I: Commercial Bid Covering Letter Annexure J: Commercial Bid Itemwise Price Schedule Annexure L: Details of Components Offered Annexure N: Format for List of Computer Professionals. Annexure O: Bidder Authorization Certificate Annexure P: Self Declaration Annexure Q: Certificate of Conformity Annexure R: Manufacturer s Authorization Form Page 52

60 Annexure-A REQUEST FOR CLARIFICATIONS FORM Name of the Company/Firm: Bid No. Name of Person(s) Representing the Company/Firm: Name of Person Designation -ID(s) Tel. Nos. & Fax Nos. Company/Firm Contacts: Contact Person(s) Address for Correspondence -ID(s) Tel. Nos. & Fax Nos. Query / Clarification Sought: S.No. RFP Page No. RFP Clause No. Clause Details Query/ Suggestion/ Clarification Date: Place: (Signature) in the capacity of Duly authorized to sign Bid for and on behalf of Note: - Queries must be strictly submitted only in the prescribed format. Queries not submitted in the prescribed format will not be considered/ responded by the tendering authority. Page 53

61 Annexure-B BID FORM 1) Addressed to: CEO, MAP_IT, State IT Centre, 47-A, Arera Hills, Bhopal a. Name of the Issuing Authority CEO, MAP_IT b. Address MAP_IT, State IT Centre, 47-A, Arera Hills, Bhopal 2) RFP Reference 1. Name of lead Bidder 2. Details of the authorized contact person of the Bidder/Lead Partner of the Consortium. 3. Registered Office Address 4. Year of Establishment 5. Type of Firm 6. Telephone Number(s) Public Limited/Private Limited/ Proprietary/Partnership/Society/Other 7. Address/ Website Web-Site: 8. Fax No. 9. Mobile no. Mobile: 11. Year-wise financial turnover ) Experience in same or similar projects completed S.No. Name of the Department with address, Name of contact person and telephone numbers Description of project Responsibility or Role of the bidder in the project Order Value (Rs) (Please attach completion certificates from the concern department/company) Completion Date 4) Details of ongoing similar projects with status Page 54

62 S.No. Name of Department with address, Name of contact person and telephone numbers Description of project Responsibility or Role of the bidder in the project Order Value (Rs) Project Status (Please attach client certificates) 5) Details of major projects only S.No. Name of Company/Firm Brief Description of Projects Order Value (in Rs) Status 6) Support network: Bidder to provide details of support offices in different cities with name of contact person, address, Telephone No., Fax No Center(s) Numbers Location(s) Head office Development Centers Support Centers Repair/Workshop Facility 7) Proposed network (connectivity) architecture plan for the project (in detail) 8) The Tender fee amounting to Rs. 5,000/ - ( Rupees Five Thousand only ) has been deposited vide cash receipt no. dated 9) The rates quoted are valid up to (Subject to a minimum of 180 days from the last date of bid submission). The validity can be extended with mutual agreement. 10) Following documents are attached towards the proof of earnest money deposited. S.No. Earnest Money Deposit through Demand Draft/ BG Number Dated Drawn on Bank 11) We agree to abide by all the conditions mentioned in this Tender Notice issued by the Tendering Authority and also the further conditions of the said Tender Notice Page 55

63 given in the attached sheets (all the pages of which have been signed by us in token of acceptance of the terms mentioned therein). 12) Re produced/re-word-processed formats or Bidder's own formats for the price quotations will disqualify the Bidder. 13) Tax Clearance Certificates: S.No. Type of Tax Whether tax clearance certificate enclosed (Yes/No) 1 MP-ST-TIN CA Certificate Number 2 CST / VAT 14) We accept payment modality as mentioned in the bid document. 15) Technical Bid is duly filled and signed is enclosed with this Tender form along with Terms & Conditions in token of acceptance. 16) Financial Bid of this Tender Document is enclosed in a separate envelope duly signed and sealed. 17) An organization chart indicating the project Team organization as envisaged by the bidder for execution of this assignment to be given in the technical bid. 18) Detailed time schedule for various activities is given in the technical bid. We believe and agree in good faith that the decision of Tendering Authority will be final and will be binding on us. Dated: Name of the Bidder: Place: Sign & Seal: Note: Please add separate pages as Annexure, if required. Page 56

64 Annexure-C PRE-QUALIFICATION FORM Bid No. A. Particulars of the organization 1. Name of the organization: 2. Address: 3. Telephone No. (s): 4. Fax No. (s): 5. Legal status: (Attach proof) 6. In case the organization is a public sector undertaking, indicate the percentage share of Govt. holding: 8. Annual Turnover for the last 3 financial years: Sl. No. Financial Year Desegregated Turnover in the area of IT Total Annual Turnover (in Rupees) System Integration Application Development Other Operation in IT Sector Note: Please attach Audited Balance Sheets and Profit and Loss Statements during these 3 financial years, duly audited by Chartered Accountant/ Statutory Auditors. 9. Total number of Application developers/ technical experts working at present in the company are. 10 Following are the 3 successfully completed projects in the Govt./PSUs sector having total value more than Rs. 2 Crore. No. 1 Project Name Name of concerned Govt. Agency/PSU Total Project/ contract Value in Rs. Contract Award Date and Work Completion Date Name of COTS Product implemented in the project. Relevant Certificates enclosed on Page No. of Tech. Bid Company has CMMI level 3 or above certification. Copy of same enclosed. Page 57

65 B. Particulars of the Center/unit associated with this project 1. Names and Address of the Center/Unit associated with this project: 2. Address of the important offices Address 1 : Tel Nos. : Fax Nos. : Address 2 : Tel Nos. : Fax Nos. : Address 3 : Tel Nos. : Fax Nos. : 3. Names, Designations, Addresses, Telephone and Fax No. Of offices, as well as residences of important persons dealing with the project S.No. Name, Designation and Address Telephone and Fax No. Office Residence Extent of Responsibility in this Project 4. Last 3 year s Annual Turnover of the Center/unit associated with the Project S. No. Financial Year Annual Turnover Financial value of the largest project handled during the year C. Particulars of System Integration capabilities of organization and the center/unit dealing with this project. S.No. Names and Addresses of Centers/Units, independently engaged in System Integration work Details of Quality Certification Details of OEM s Certifications and Undertakings Name of OEM Certificate Details Page 58

66 Note: Please attach duly authenticated copies of the certification claimed about the center/unit dealing with this project. D. Particulars of Authorization of the person signing these documents on behalf of the bidder. 1. Name, designation and address of the authorized person: 2. Name, designation and address of the person authorizing for signing the document: 3. Details of documents showing that the persons mentioned in entry D (2) above, is authorized to issue such a authority: 4. Type/form of the issued authority (Whether power of attorney/authorization letter etc.): 5. Extent of liability covered under this Authority (Give exhaustive list of liabilities covered): Note: Please enclose the original authorisation document Date: Place: Name and Designation with Seal Page 59

67 Annexure-D TECHNICAL BID COVERING LETTER Bid No. To, The Chief Executive Officer, MAP_IT State IT Centre 47-A, Arera Hills, Bhopal, MP Sub/ Ref: Submission of Bid for Providing Solution of Cases Management and Tracking System for the Office of Advocate General, Govt. of MP. Dear Sir, Having examined the Bid document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide the Professional services as required and outlined in the Bid for Case Management & Tracking System in the Office of the Advocate General, Govt. of Madhya Pradesh. To meet such requirements and provide such services as required are set out in the Bid document, we attach hereto the Bid technical response as required by the Bid document, which constitutes our proposal. We undertake, if our proposal is accepted, we will obtain a performance security issued by a nationalized bank in India, acceptable to AG Office, for a sum equivalent to 10% of the total price as quoted in our commercial proposal for the due performance of the contract. We agree for unconditional acceptance of all the terms and conditions set out in the Bid document and also agree to abide by this Bid response for a period of 180 days from the date fixed for Bid opening and it shall remain binding upon us with full force and virtue, until within this period a formal contract is prepared and executed, this Bid response, together with your written acceptance thereof in your notification of award, shall constitute a binding contract between us and the AG Office. We confirm that the information contained in this bid or any part thereof and other documents and instruments delivered or to be delivered to the AG Office is true, accurate, and complete. This proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead as to any material fact. We agree that MAP_IT and AG Office are not bound to accept the lowest or any Bid response you may receive. We also agree that you reserve the right in absolute sense to reject all or any of the products/ service specified in the Bid response without assigning any reason whatsoever. It is hereby confirmed that I/We are entitled to act on behalf of our Page 60

68 corporation/company/ firm/organization and empowered to sign this document as well as such other documents, which may be required in this connection. The Technical Specifications are appended herewith. Dated this Day of < > (Signature) (In the capacity of).. Duly authorized to sign the Bid Response for and on behalf of: (Name and Address of Company) Seal/Stamp of bidder Witness Signature: Witness Name: Witness Address: CERTIFICATE AS TO AUTHORISED SIGNATORIES I, certify that I am of the, and that who signed the above Bid is authorized to bind the corporation by authority of its governing body. Date: Place: Name and Designation with Seal Page 61

69 Annexure-E Performance Statement Form Bid No. Summery Profile of the Project completed in last three years. S.No. Name, Address, Telephone Number and Fax No. of the organizations Description of System Integration Project Value of Contract (in Rupees) Period of execution Remarks The bidder will have to attach full details of computerization projects of value more than Rs. 2 crores each for System Integration and maintenance thereof in India, as Annexure to this list. The bidder shall attach completion certificates for above-mentioned projects to substantiate the evidence of completion. Date: Place: Name and Designation with Seal Page 62

70 Annexure-F BID SECURITY FORM Bid No PARTICULARS OF BID SECURITY 1. Name of the Bank 2. Name, Address, Tel. Nos. & Fax Nos. of Bank Branch Issuing the draft 3. Code No. of Bank Branch 4. Code No. of signatories of the security 5. Amount of Draft 6. Bank Draft No. and Date 7. Valid up to (give date) Note: Demand Draft of Bid Security as per Bid Document should be attached. Date: Place: Name and Designation with Seal Page 63

71 Annexure-H TIME SCHEDULE FORM Bid No. TIME SCHEDULE FOR VARIOUS TASKS S.NO TASKS TIME DURATION IN WEEKS PROPOSED DATE OF COMPLETION (SPECIFY WEEKS AFTER THE DATE OF WORK ORDER) FROM---- TO--- REMARKS Date: Place: Name and Designation with Seal Page 64

72 Annexure - I COMMERCIAL BID COVERING LETTER To, Bid No. Date: MAP_IT, State IT Centre, 47-A, Arera Hills, Bhopal MP Sub/ Ref: Submission of Bid for Providing Solution for Cases Management & Tracking System in the Office of the Advocate General, Govt. of MP. Having examined the Bid Document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to implement the project Solution for Case Management & Tracking System in the Office of Advocate General, Govt. of MP. To meet such requirements and to provide services as set out in the Bid document following is our quotation summarizing our commercial proposal. Total Bid Price (as mentioned in Table D of Annexure-J) (In Figures) Rs. (In Words) Rs. We attach hereto the detailed commercial proposal breakup as per "Annexure-J" as required by the Bid document, which constitutes our proposal. We undertake, if our proposal is accepted, we will obtain a performance security issued by a nationalized bank in India, acceptable to AG Office for a sum equivalent to 10% of the total price as quoted in our commercial proposal of the Bid document for the due performance of the contract. We agree for unconditional acceptance of all the terms and conditions in the Bid document and also agree to abide by this Bid response for a period of 180 days from the date fixed for Bid opening and it shall remain binding upon us, until within this period a formal contract is prepared and executed, this Bid response, together with your written acceptance thereof in your notification of award, shall constitute a binding contract between us. Page 65

73 We confirm that the information contained in this proposal or any part thereof, including its exhibits, schedules, and other documents and instruments delivered or to be delivered to the AG Office is true, accurate, and complete. This proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the AG Office or MAP_IT as to any material fact. We agree that you are not bound to accept the lowest or any Bid response you may receive. We also agree that you reserve the right in absolute sense to reject all or any if the products/ service specified in the Bid response without assigning any reason whatsoever. It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/ firm/organization and empowered to sign this document as well as such other documents, which may be required in this connection. (Signature) (In the capacity of).. Duly authorized to sign the Bid Response for and on behalf of: (Name and Address of Company) Seal/Stamp of bidder CERTIFICATE AS TO AUTHORISED SIGNATORIES I, certify that I am of the, and that.. who signed the above Bid is authorized to bind the corporation by authority of its governing body. Date: Place: Name and Designation with Seal Page 66

74 Annexure-J COMMERCIAL BID Item Wise Price Schedule A. Commercial Bid for supply, installation, commissioning, training, data digitization, etc. in the Project A1: Bid Price for Equipments, Material, Other articles, Software, COTS Application, Customization, etc S.No. Equipments, Material, Other articles, Software, COTS Application, Customization, etc. DMS, Case Management, Workflow, etc. related cost including the licenses 1 COTS/DMS License Cost 2 Case Management System 3 Workflow 4 MIS and Reporting tool 5 Data Capturing Tool 6 HR Management 7 Library Management Development and Customization of enterprise DMS, Case 8 Management & workflow System Any other item.. Other Software Components 9 RDBMS 10 Operating System 11 Web Server 12 Application server Any other item.. Hardware Components (For Both DC & Qty (A) Specifications Base Unit Cost in INR inclusive of packaging, transportation and warranty (for entire project period) (B) Total Base Cost in INR (C = A X B) CST/ VAT in Percentage CST/ VAT in INR (D) Total Cost in INR (C+D) Page 67

75 DR) 13 Application cum Web Server 14 Database Server 15 SAN Storage 16 SAN Switch 17 Automated Tape Library 18 Backup Software 19 IP Based KVM Switch & Monitor 20 Application Switch 21 Server Rack 22 UTM Firewall with VPN and IPS Any other item. Client side Hardware 23 PC s Laptops Network Printer 6 26 Document Scanner 7 27 Multi-Function Laser Printer UPS (1 KVA) 10 Min Backup Barcode Printer & Scanner 3 Network Switch 32 Ports 10/ Managed (Primary & Secondary) 31 Network Switch 16 Ports 10/100 6 Managed (Primary & Secondary) Site Preparation 32 Furniture (Computer Tables & 45 Chairs) 33 Electrical Cabling, 34 Wall Mountable Network Rack 35 Patch Panel 12 Ports CAT 6 36 Information Outlet CAT 6 Page 68

76 37 Cat 6 Cable 38 Patch Cords 39 Any other item Software 40 Operating System windows 7 or Office Client Antivirus A1: Total (In Figures) Rs. A2: Bid Price for User Trainings Sr. No Trainings Duration No. of Batches (A) 1 Change Sensitization Training One Day 4 2 Orientation Training Half Day 10 3 Core Application Training Half Day 10 4 Computer Training 3 Days 10 5 Technical training on Application Maintenance, User 2 Day 1 Management, Hardware Maintenance, Network troubleshooting, Backup & Restore, Data digitization handholding, SLA Monitoring, etc. 6 Leadership alignment workshop 1 Day 1 (shall include external stakeholders also) Any other training as proposed by bidder A2: Total (In Figures) Rs. Cost per Batch (B) Training Cost (C = A x B) Applicable Taxes (D) Total Training Cost (C+D) Page 69

77 A3: Bid Price for Data Digitization Sr. No. Type of Data Measurement unit Total units (A) 1 HR Detail Employee Record Library Books Details Books Record 75,000 3 Case Files File 3,00,000 4 Any other as proposed by bidder A3: Total (In Figures) Rs. Cost per unit/entry (B) Data Entry Cost (C=AXB) Applicable Taxes (D) Total Cost for Data Entry (C+D Total Bid Price for A: Bid Price Groups A1: Bid Price for Equipments, Material, Other articles, Software, COTS Application, Customization, etc Total Bid Price A2: Bid Price for User Trainings A3: Bid Price for Data Digitization Total Bid Price for A (In Figures) Rs. Total Bid Price for A (In Words) Rs. B. Commercial Bid for Regular Manpower Support (To be deployed within 30 days of signing of contract) Sr. Manpower Type Number of No. Persons 1 Data Entry Operator cum Steno typist 31 Total Cost for 1 st Year Total Cost for 2 nd Year Total Cost for 3 rd Year Total Cost for 4 th Year Total Cost for 5 th Year Total Cost for 1 to 5 Years Page 70

78 2 Computer Programmer 3 Total Bid Price for B (In Figures) Rs. Total Bid Price for B (In Words) Rs. C. Commercial Bid for Operations & Maintenance of the entire project for a period of 5 Years S.No. Item Description Cost in INR (including all taxes & levies) 1 Total cost for Operations and Maintenance of the entire project for a period of 5 Years Total Bid Price for C (In Figures) Total Bid Price for C (In Words) D. Commercial Bid Summary Sr. No. Item Description Bid Price in INR 1 Total Bid Price for A: Commercial Bid for supply, installation, commissioning and integration of components at all the project locations 2 Total Bid Price for B: Commercial Bid for Regular Manpower Support (To be deployed within 30 days of signing of contract) 3 Total Bid Price for C: Page 71

79 Commercial Bid for Operations & Maintenance of the entire project for a period of 5 Years Grand Total Finally Quoted Bid Price (In Figures) Rs. Grand Total Finally Quoted Bid Price (In Words) Rs. Signature Date: Place: Name and Designation with Seal Page 72

80 Annexure-L Details of Components Offered S.No Equipments, Software, Material and other article Bid No. Quantity Make Model OEM OEM Certification Reference No. (Page No.) Note: Bidder is requested to specify the details of make and model offered including the Hardware and Software details. Signature Date: Place: Name and Designation with Seal Page 73

81 Annexure-N Format for List of Professionals Bid No. Name Designation Domain area and expertise Exp. ( in yrs) Signature Date: Place: Name and Designation with Seal Page 74

82 Annexure-O BIDDER S AUTHORIZATION CERTIFICATE Bid No. To, MAP_IT, State IT Centre, 47-A, Arera Hills, Bhopal MP Subject: Authorization Certificate <Bidder s Name>,<Designation> is hereby authorized to sign relevant documents on behalf of the company/firm in dealing with Bid of reference <Bidder Name, Dept & Date>. He/She is also authorized to attend meetings & submit technical & commercial information as may be required by you in the course of processing the above said Bid. Thanking you, Authorized Signatory <Bidder s Name> Seal Page 75

83 Annexure-P SELF-DECLARATION Ref: Date: Bid No. To, MAP_IT, State IT Centre, 47-A, Arera Hills, Bhopal MP In response to the Tender for Implementation of Case Management and Tracking System in the Office of Advocate General, as a owner/partner/director of.. I/We hereby declare that our Company/firm is having unblemished past record and was not declared ineligible for corrupt & fraudulent practices either indefinitely or for a particular period of time. Name of the Bidder: - Signature: - Seal of the Organization: - Page 76

84 Annexure-Q CERTIFICATE OF CONFORMITY Date: Bid No. To, MAP_IT, State IT Centre, 47-A, Arera Hills, Bhopal MP CERTIFICATE This is to certify that, the specifications of Hardware and Software which I have mentioned in the Technical bid, and which I shall supply if I am awarded with the work, are in conformity with the specifications in the Tender document. I also certify that the price I have quoted is inclusive of all the cost factors involved in the execution of the project, to meet the desired Standards set out in the Tender Document. Name: Designation: Seal: Page 77

85 To, Sir, MAP_IT, State IT Centre, 47-A, Arera Hills, Bhopal MP Annexure-R MANUFACTURER S AUTHORIZATION FORM Bid No. Date: We, (name and address of the manufacturer) who are established and reputed manufacturers/ OEMs having factories at (addresses of manufacturing locations) do hereby authorize M/s _ (name and address of the bidder) to bid, negotiate and conclude the contract with you against the tender (Tender No.. Dated.) for the following equipments and/ or software manufactured by us: (Each OEM will put their product name & model as quoted in the bid.) We undertake that the offered equipments and its higher version are not likely to be declared end of sale with in next three Years and end of support with in next 6 years from the date of Submission of bid. We undertake that offered equipments and/ or software by bidder for back to back service, support, spares, updates and patches for the entire period of contract as mentioned in the RFP document. We also declare/ certify that we are a profit making company in the last three financial years and are not involved in piracy/ non-performance of any kind. Yours faithfully, For and on behalf of M/s (Name of the manufacturer) Seal & Signature Name Designation Address Date Page 78