Tender Reference No: F 4.3 (162)/RISL/Tech/2014/6250 dated 19/09/2014

Transcription

1 Request for Proposal (RFP) Document for Selecting Agency for Setting up and Maintenance Support of Cloud Solution in Rajasthan State Data Centre (RSDC) Tender Reference No: F 4.3 (162)//Tech/2014/6250 dated 19/09/2014 Procuring Authority Date & Time of Pre-bid meeting Last Date & Time of Submission of Bid Date & Time of Opening of Technical Bid Managing Director,, First Floor, C-Block, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur (Rajasthan) at 11:00 AM at 03:00 PM at 05:00 PM Bidding Document Fee: Rs only (Rupees One Thousand only) Name of the Bidding Company/ Firm: Contact Person (Authorised Bid Signatory): Correspondence Address: Mobile No. Website & Telephone & Fax Nos.: RajCOMP Info Services Limited () First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-Scheme, Jaipur (Raj.) Phone: Fax: Web: [email protected] Page 1 of 122

2 Table of Contents Sr. No Type Page Number 1 INVITATION FOR BID (IFB) & NOTICE INVITING BID (NIB) 8 2 PROJECT PROFILE & BACKGROUND INFORMATION 11 3 ELIGIBILITY CRITERIA 14 4 SCOPE OF WORK, DELIVERABLES & TIMELINES 17 5 INSTRUCTION TO BIDDERS (ITB) 28 6 GENERAL TERMS AND CONDITIONS OF TENDER & CONTRACT 49 7 SPECIAL TERMS AND CONDITIONS OF TENDER & CONTRACT 62 Annexure 1 ANNEXURE-1: BILL OF MATERIAL (BoM) 75 2 ANNEXURE-2: FUNCTIONAL REQUIREMENT SPECIFICATIONS 76 3 ANNEXURE-3: PRE-BID QUERIES FORMAT 90 4 ANNEXURE-4: BIDDER S AUTHORIZATION CERTIFICATE 91 5 ANNEXURE-5: SELF-DECLARATION 92 6 ANNEXURE-6: CERTIFICATE OF CONFORMITY/ NO DEVIATION 93 7 ANNEXURE-7: DECLARATION BY BIDDER 94 8 ANNEXURE-8: MANUFACTURER S AUTHORIZATION FORM (MAF) 95 9 ANNEXURE-9: UNDERTAKING ON AUTHENTICITY OF COMPUTER EQUIPMENTS 10 ANNEXURE-10: COMPONENTS OFFERED BOM ANNEXURE-11: FINANCIAL BID COVER LETTER & FORMAT ANNEXURE-12: BANK GUARANTEE FORMAT ANNEXURE-13: DRAFT AGREEMENT FORMAT ANNEXURE-14: MEMORANDUM OF APPEAL UNDER THE RTPP ACT, ANNEXURE-15: FORMS FOR FILING THE TECHNICAL BID ANNEXURE-16: SLA WITH DCO Page 2 of 122

3 ABBREVIATIONS & DEFINITIONS Act Authorised Signatory AAA ACL ARP AQP BG BGP Bid Bid Security Bidder Bidding Document BoM CMC Competent Authority Contract/ Procurement Contract Contract/ Project Period COTS CPU Day DCO DCCO DeitY, GoI DHCP The Rajasthan Transparency in Public Procurement Act, 2012 (Act No. 21 of 2012) and Rules thereto The bidder s representative/ officer vested (explicitly, implicitly, or through conduct) with the powers to commit the authorizing organization to a binding agreement. Also called signing officer/ authority having the Power of Attorney (PoA) from the competent authority of the respective Bidding firm. Authentication, Authorization and Accounting Access Control List Address Resolution Protocol Agreed Quarterly Payment Bank Guarantee Border Gateway Protocol A formal offer made in pursuance of an invitation by a procuring entity and includes any tender, proposal or quotation A security provided to the procuring entity by a bidder for securing the fulfilment of any obligation in terms of the provisions of the bidding documents. Any person/ firm/ agency/ company/ contractor/ supplier/ vendor participating in the procurement/ bidding process with the procurement entity Documents issued by the procuring entity, including any amendments thereto, that set out the terms and conditions of the given procurement and includes the invitation to bid Bill of Material Contract Monitoring Committee An authority or officer to whom the relevant administrative or financial powers have been delegated for taking decision in a matter relating to procurement. MD, in this bidding document. A contract entered into between the procuring entity and a successful bidder concerning the subject matter of procurement The project period would be 3 years from date of Final acceptance of the Cloud Enablement components by the State Commercial Off The Shelf Software Central processing Unit A calendar day as per GoR/ GoI. Data centre Operator Data Centre Cloud Operator Department of Electronics and Information Technology, Government of India Dynamic Host Configuration Protocol Page 3 of 122

4 DMZ DNS DoIT&C EMS FC FCIP FTP FAT G2B G2C GBIC Gbps GE GHz GUI H/W HDD HIPS HTML ETDC FOR/ FOB GoI/ GoR Goods I/O ICT IDS IEEE IFB Demilitarized Zone Domain Name Server Department of Information Technology and Communications, Government of Rajasthan. Enterprise Management System Fiber Channel Fiber Channel over IP File Transfer Protocol Final Acceptance Test Government to Business Government to Citizen Giga Bit interface Gigabits per second Gigabit Ethernet GigaHertz Graphical User Interface Hardware Hard disk drive Host Intrusion Prevention System Hypertext Markup Language Electronic Testing & Development Center Free on Board or Freight on Board Govt. of India/ Govt. of Rajasthan All articles, material, commodities, electricity, livestock, furniture, fixtures, raw material, spares, instruments, software, machinery, equipment, industrial plant, vehicles, aircraft, ships, railway rolling stock and any other category of goods, whether in solid, liquid or gaseous form, purchased or otherwise acquired for the use of a procuring entity as well as services or works incidental to the supply of the goods if the value of services or works or both does not exceed that of the goods themselves Input Output Information and Communication Technology. Intrusion Detection System International electrical and electronics engineers Invitation for Bids (A document published by the procuring entity inviting bids relating to the subject matter of procurement and any amendment thereto and includes notice inviting bid and request for proposal) Page 4 of 122

5 INR IP IPS ISI ISO IT ITIL ITB Kbps L2 LACP LAN LD LoI LUN MAC Mbps NAT NCB NeGP NIB NOC Notification OEM OFC OS PAN PBG PC PQ Procurement Process Indian Rupee Internet Protocol Intrusion prevention System Indian Standards Institution International Organisation for Standardisation Information Technology Information Technology Infrastructure Library Instruction to Bidders Kilobits per second Layer2 Link Aggregation Protocol Local Area Network Liquidated Damages Letter of Intent Logical Unit Number Media Access protocol Megabits per second Network Address Translation A bidding process in which qualified bidders only from within India are allowed to participate National e-governance Plan of Government of India, Department of Information Technology (DIT), Ministry of Communications and Information Technology (MCIT), New Delhi. Notice Inviting Bid Network Operation Center A notification published in the Official Gazette Original Equipment Manufacturer Optical fiber Channel Operating System Permanent Account Number Performance Bank Guarantee Procurement/ Purchase Committee Pre-Qualification The process of procurement extending from the issue of invitation to bid till the award of the procurement contract or cancellation of the procurement process, as the case may be Page 5 of 122

6 Procurement/ Public Procurement Project Site PSD/ SD Purchaser/ Tendering Authority/ Procuring Entity QoS RajSWAN/ RSWAN RDBMS RSDC RVAT S/W SAN SAS Services SLA SNMP SI SSDG State Government State Public Procurement Portal STQC Subject Matter of Procurement TB TCP The acquisition by purchase, lease, license or otherwise of works, goods or services, including award of Public Private Partnership projects, by a procuring entity whether directly or through an agency with which a contract for procurement services is entered into, but does not include any acquisition without consideration, and procure or procured shall be construed accordingly Wherever applicable, means the designated place or places. Performance Security Deposit/ Security Deposit Person or entity that is a recipient of a good or service provided by a seller (bidder) under a purchase order or contract of sale. Also called buyer. in this RFP document. Quality of Service Rajasthan State Wide Area Network Relational database management system RajCOMP Info Services Limited Rajasthan State Data Centre, New IT Building, Jaipur Rajasthan Value Added Tax Software Storage Area Network Small Form Factor Pluggable Any subject matter of procurement other than goods or works and includes physical, maintenance, professional, intellectual, consultancy and advisory services or any service classified or declared as such by a procuring entity and does not include appointment of any person made by any procuring entity Service Level Agreement is a negotiated agreement between two parties wherein one is the customer and the other is the service provider. It is a a service contract where the level of service is formally defined. In practice, the term SLA is sometimes used to refer to the contracted delivery time (of the service) or performance. Simple Network Management Protocol System Integrator State Services Delivery Gateway Government of Rajasthan (GoR) Standardisation Testing and Quality Certification, Govt. of India Any item of procurement whether in the form of goods, services or works Terra Byte Transmission Control Protocol Page 6 of 122

7 TIN TPA VAT/ CenVAT VLAN VPN WAN WO/ PO Tax Identification Number Third Party Auditors Value Added Tax/ Central VAT Virtual Local Area Network Virtual private network Wide Area Network Work Order/ Purchase Order Page 7 of 122

8 1. INVITATION FOR BID (IFB) & NOTICE INVITING BID (NIB) Page 8 of 122

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11 2. PROJECT PROFILE & BACKGROUND INFORMATION 2.1. Under the National e-governance Plan (NeGP), it is envisioned to make all Government services accessible to the common man in his locality, through common service delivery outlets and ensure efficiency, transparency & reliability of such services at affordable costs to realize the basic needs of the common man In order to make this vision a reality, the Government of India (GoI) recognized the potential of Information and Communication Technology (ICT) for rapid and all round development in general and transforming governance in particular. Initially there were islands of ICT initiatives at the National, State, district, and even block level. The learning s by way of both the challenges and opportunities faced during the development and implementation of such initiatives contributed to refining the overall egovernance strategy. One of the key learning s that emerged was an urgent need to develop the core and other supporting infrastructure for sustaining e- Governance initiatives across the country The National e-governance Plan (NeGP) has identified multiple mission mode projects along with various e-governance initiatives at the State level to provide increased number of services electronically. The State Data Centers are being implemented to provide common IT infrastructure to host these planned e-governance initiatives / applications. State Data Centers are one of the three infrastructure pillars structured by the NeGP to facilitate web-enabled Anytime, Anywhere access. State Data Centers are conceptualized with the objective of providing a common enabling infrastructure to the States to cater to their e-governance applications hosting requirements of the entire state governments and its departments. State Data Centre has been identified as one of the core infrastructure components to consolidate services, applications and infrastructure to provide efficient electronic delivery of G2G, G2C and G2B services. It will enable various State departments to host their services/applications on a common infrastructure leading to ease of integration and efficient management, ensuring that computing resources and the support connectivity infrastructure (SWAN/NICNET) is adequately and optimally used The State Data Centres (SDC) being established in the States/ UTs shall provide better operations & management control; minimize overall cost of Data Management, IT Management and Deployment through use of common infrastructure, which broadly includes: i. Compute Infrastructure: To cater to the needs of application hosting at the State, an initial compute infrastructure consisting of web, application and database servers with different flavors of OS & database software s has been provisioned in the SDC. ii. Storage Infrastructure: Centralized storage with flexible and secure configuration shall be available in the SDC including backup facilities. The same shall be leveraged by different line departments for their data storage requirements in shared manner. Currently, the states have adequately provisioned for 5 years storage requirement. iii. Network and Security Infrastructure: Core network infrastructure that is a requirement of every Data Centre has been provided for every SDC and has been designed with sufficient capacity to meet the basic needs of the State Data Center Substantial progress has been made in the SDC project. 21 SDCs have been operationalized and it is expected that most of the SDCs shall be operational by end of SDCs have been equipped with infrastructure which will enable State /UT departments with seamless, highly reliable/robust, shared and secured infrastructure with scalable capacity However, for a project of this nature it is prudent to assess the need for integrating latest but matured technology advancements to make them future proof for optimal utilization, Better Management and Monitoring. Page 11 of 122

12 2.7. To address issues typically faced by different departments at the State, such as long IT infrastructure procurement cycles, underutilization of resources, need for dynamic Scalability, appropriate disaster recovery of applications and data and for simplifying IT infrastructure provisioning & availability to line departments to cloud based service delivery in accelerated manner, to start with, it would be required to leverage the benefits of Cloud enabled services in State Data Centre It is in this context, that the SDC components have been analyzed with respect to following areas: Cloud Enablement Server Virtualization Self Service provisioning Automation, Orchestration and Monitoring 2.9. After having analyzed the infrastructure at present provisioned in the SDC s and technology advancements DeitY has thus initiated the process for implementing a Cloud based Service Delivery Model in each SDC, so that the SDC IT Infrastructure can be shared amongst multiple departments. Thus making the SDC as a Private Cloud operated for State and to be managed by a third party Following are the important characteristics of a well-managed cloud based service delivery model: i. On-demand self-service Line Departments can unilaterally provision computing capabilities ii. Broad network access Capabilities are available over the network Accessed through standard mechanisms iii. Resource pooling Computing resources are pooled to serve multiple Line Departments Location independence iv. Rapid elasticity Capabilities can be rapidly and elastically provisioned Create a cascading effect of improved efficiency in increasing the number of services to be offered by various departments due to on demand availability of infrastructure. Departments can concentrate on their core competencies of providing related services and rely on the SDAs to deliver the required infrastructure. v. Measured service Resource usage can be monitored, controlled, and report Create an IT governance mechanism within States as they leverage common / shared Platforms to speed up the process of service delivery This document is a Request for Proposal (RFP) for Bidders to quote for Setting up and Maintenance Support of Cloud Solution in Rajasthan State Data Centres (RSDC). The successful Bidder shall do the supply, installation, configuration, testing, training and support and do FAT as per the specifications and the specified scope of work Post FAT completion, the Operations & Maintenance would be done by the selected SI for a period of 3 years from the date of final acceptance of the cloud enablement components by the state. Page 12 of 122

13 2.13. O & M Project period: The project period for O&M, post the FAT Completion, would be in line with five years of SDC Operational period. For the RSDC, the project period would be 3 years from date of Final acceptance of the Cloud Enablement components by the State For all purposes in the document, the term Data Centre Cloud Operator (DCCO) will be referred to as the entity responsible for the Operations & Maintenance of the SDC Cloud environment for the entire project period. Page 13 of 122

14 3. PRE-QUALIFICATION/ ELIGIBILITY CRITERIA 1) The Bidder must possess the requisite experience, strength and capabilities in providing the services necessary to meet the requirements as described in the RFP document. Keeping in view the complexity & volume of the work involved, the following criteria are prescribed as Pre- Qualification Criteria for Bidder interested in undertaking the project. The Bidder must also possess the Technical know-how and the Financial wherewithal that would be required to successfully provide the Cloud Solution and required support services sought by the State. The Bids must be complete in all respect and shall cover the entire scope of work as stipulated in the tender document. The invitation to Bid is open to all Bidders who qualify the eligibility criteria as given below: S. No. Basic Requirement Specific Requirements 1. Legal Entity The bidder should be a Proprietorship firm duly registered either under the Rajasthan Shops & Commercial Establishments Act, 1958 or any other Act of State/ Union, as applicable for dealing in the subject matter of procurement (Note: A self-certified declaration regarding the non-applicability of registration to any Act should be submitted by the bidder) OR A company registered under Indian Companies Act, 1956 OR A partnership firm registered under Indian Partnership Act, Tax The bidder should have a registered number registration of and clearance i. VAT/ CST where his business is located ii. Service Tax iii. Income Tax / Pan number. The bidder should have cleared his VAT/ CST dues up to 31-Mar-2014 to the Government. Documents Required Copy of valid Registration Certificates In case of company-copy of certificate of incorporation Copies of relevant certificates of registration VAT/ CST clearance certificate from the Commercial Taxes Officer of the Circle concerned 3. Financial: Turnover from IT/ ITeS Average Turnover of the bidder from IT/ ITeS during last three financial years, i.e., from , , and shall be at least INR 10 Crores The Bidder shall have positive net worth as on 31st March CA Certificate with CA s Registration Number/ Seal 4. Financial: Net CA Certificate with CA s Worth Registration Number/ Seal 5. Operations of Bidder should be in operation for at least 5 Copy of Work Order the firm years as on and shall have their before in registered offices in India. IT/ITeS services 6. Technical Bidder shall have experience of supply, Work Order before Page 14 of 122

15 S. No. Basic Requirement Capability - Experience 7. Technical Capability- Certification 8. Technical Capability- Manpower 9. Technical Capability- Cloud Implementation 10. Mandatory Undertaking Specific Requirements installation, commissioning and annual maintenance services for IT Infrastructure projects and shall have been in the business for a period exceeding three years as on The Bidder must have ISO 9001:2000 certification a) The Bidder must have on its roll at least 100 Technically qualified professionals with combination in the following fields (system integration, Virtualization and experience in implementing the Cloud Solution) as on The Bidder must have implemented/ commissioned at least one Cloud Implementation in Data Centre in India as on (Cloud Implementation for providing Cloud based services in their own Data Centre or on to the customer Data Centre shall be considered) Bidder should: - a) not be insolvent, in receivership, bankrupt or being wound up, not have its affairs administered by a court or a judicial officer, not have its business activities suspended and must not be the subject of legal proceedings for any of the foregoing reasons; b) not have, and their directors and officers not have, been convicted of any criminal offence related to their professional conduct or the making of false Documents Required 2011 confirming year and area of activity Valid Copy of the Certification Certificate from Bidder s HR Department for the number of Technically qualified professionals employed by the company (a) Work Orders confirming year and area of activity (b) Valid Work Order and Certificate from the Client in case implementation/ commissioning in Client Data Centre OR (a) Declaration from the Company Secretary confirming the Cloud Implementation in their own Data Centre for providing services to the customers (b) Client certificate confirming the cloud services they are getting from the Bidders Data Centre A Self Certified letter as per Annexure-5: Self- Declaration Page 15 of 122

16 S. No. Basic Requirement 11. Conflict of Interest Specific Requirements statements or misrepresentations as to their qualifications to enter into a procurement contract within a period of three years preceding the commencement of the procurement process, or not have been otherwise disqualified pursuant to debarment proceedings; c) not have a conflict of interest in the procurement in question as specified in the bidding document. d) comply with the code of integrity as specified in the bidding document. The Bidder shall provide an undertaking that they or their allied agencies/ Subsidiaries are not working as a Consultant / TPA in the SDC in the State where the Bidder is bidding 12. MAF The Bidder shall submit valid letter from all the OEMs confirming the following: Authorization for Bidder Undertake that the support including patches, updates and upgrades for the quoted products shall be available for the entire project period. 13. Consortium The Bids shall be submitted by only the Bidder; no consortium is allowed in this Bid Documents Required Declaration in this regard by the authorized signatory of the Bidder Manufacturers Authorization (MAF) for products as indicated in the Annexure-1 Bill of material Declaration in this regard needs to be submitted 2) In addition to the provisions regarding the qualifications of the bidders as set out in (1) above: - a. the procuring entity shall disqualify a bidder as per the provisions under Clause: Exclusion/ Disqualification of bids in Section-5: ITB ; and b. the procuring entity may require a bidder, who was pre-qualified, to demonstrate its qualifications again in accordance with the same criteria used to pre-qualify such bidder. The procuring entity shall disqualify any bidder that fails to demonstrate its qualifications again, if requested to do so. The procuring entity shall promptly notify each bidder requested to demonstrate its qualifications again as to whether or not the bidder has done so to the satisfaction of the procuring entity. Page 16 of 122

17 4. SCOPE OF WORK, DELIVERABLES & TIMELINES 4.1. Scope of Work for RSDC has been equipped with infrastructure which enables State with seamless, highly reliable/robust, shared and secured infrastructure with scalable capacity. For better and optimal utilization of the compute infrastructure and utilizing the same infrastructure amongst multiple applications, adoption of Cloud technology components in RSDC is required. This technology will also drive consolidation of IT resources resulting in power savings which will be a significant step towards adopting green technologies. To address issues typically faced by different departments at the State, such as long IT infrastructure procurement cycles, underutilization of resources, need for dynamic Scalability, appropriate disaster recovery of applications and data, and for simplifying IT infrastructure provisioning & availability to the line departments, cloud based service delivery is needed to be leveraged in the RSDC. These Cloud solution requirements would include all the necessary components/ modules which are necessary to provide Infrastructure as a service to various line departments within the State as a Private Cloud to start with and have the capability of moving gradually to other delivery models like Platform-asa-Service and Software-as-a-service. After having analyzed the infrastructure presently provisioned in the RSDC and technology advancements required to make it Cloud enabled, following have been considered: 1. Cloud Enablement Infrastructure a. Server Virtualization Software with required security capabilities b. Cloud Enablement components i. Self Service provisioning ii. Automation & Orchestration iii. Capacity Management iv. Life Cycle Management v. Catalogue and directory Maintenance vi. Monitoring and Reporting vii. Helpdesk The following are steps for Cloud Implementation: Help foster a Private cloud based environment on limited set of servers to begin with while retaining traditional Data Centre hosting models. This will enable the State to get exposure/confidence in building various levels of services that can be broadly classified into following categories: a. Infrastructure as a Service (IaaS) b. Platform as a Service (PaaS) c. Software as a Service (SaaS) The services can be initiated with basic Compute Services (CPU, RAM, Storage, OS, and database) to the departments on demand basis along with a test and development environment. Once state develop confidence/maturity in operating cloud enabled environment, gradual migration of existing infrastructure and applications can happen on cloud. While the Cloud solution is focused primarily on Infrastructure-as-a-Service, other services such as Platform-as-a-Service (PaaS), Software-as-a-Service (SaaS) to be deployed by the State, are complementary and/or deployed on top of the basic Infrastructure-as-a-Service (IaaS) services and would be based on the maturity of the State. The current scope of work is to ensure a capable environment for future SaaS and PaaS implementation. Services complimentary to IaaS such as PaaS and SaaS would be taken up in the future through third party tools. Page 17 of 122

18 The solution shall be capable of enabling automatic scale-up and scale-down of services hosted in the cloud based on user demand or other factors, shall ease infrastructure management, shall be agnostic to the underlying hardware, storage, network, operating system, and hypervisor. The solution needs to provide the ability for end customers to automatically provision the services via a Web Portal, provide metering and billing to provide service assurance for maintenance & operations activities performed by State teams. Detailed user level or user group level auditing, monitoring, metering, accounting, quota and show-back information is essential for building a platform. Detailed FRS is given in Annexure 2. The State is looking for a solution approach and architecture based design principles from market leading cloud solution providers in providing a low-cost solution enabled through factors such as using commodity hardware and efficient operations to ensure a cost-effective, scalable, efficient e- Governance platform. The architecture needs to be scalable to meet future demand and provide sufficient levels of security and interoperability so that customers (internal and external) are comfortable having critical infrastructure hosted in a safe environment Supply, Installation, Testing & Commissioning, Training and Support for SDC Cloud Enablement Infrastructure The minimum specified scope of work to be undertaken by the Selected SI for supply, installation, Commissioning, testing, Training, knowledge transfer and Support for Infrastructure is mentioned below: a) Finalize the deployment architecture/layout with the State Designated Agency/ State Implementation Agency b) Procurement, supply, installation & commissioning of all the components & sub components including all necessary software as per the proposed solution. The Bidder has to ensure that the solution shall work as desired and the Bidder is also responsible to supply and install any other components that is inadvertently missed out but required for the overall solution to work, without adding any line item in the Bill of Material at no additional cost to the purchaser. c) Active directory is required to be setup/configured and to be integrated with proposed virtualization manager and proposed cloud solution by bidder. d) The Bidder shall be responsible for ensuring implementation of the proposed solution with existing infrastructure and solutions present in the RSDC and optimal functioning of all the components post installation. This implementation shall comply with all the functionalities stated in the Functional Requirement Specifications (FRS) and conform to the agreed deployment/implementation architecture. It shall be noted that any customization / API development that is carried out by the Bidder for such implementation will have to be supported (error correction, patch management) for the same duration of support applicable for the overall solution. The Bidder shall ensure that the Cloud solution is able to permit utilization of the existing security device like, firewall, IPS such that entire functionality of these devices can be used to monitor security features and provide alerts, alarms, reports, proactive actions on virtual environment similar to those provided in physical environment. For any further queries, the Bidder can also post queries in the pre-bid meeting. The bidder has to ensure that all the components listed below shall work with the virtual machines as they were working with the existing infrastructure: S. No. Existing SDC Module Make & Model 1. IPS/ IDS, Firewall 1) Radware defence pro ) CISCO ASA Sub-Modules ASA5580-4GE-CU(2) Page 18 of 122

19 S. No. Existing SDC Module 2. SAN Storage Management Software / Controller Make & Model Make Type Model Description Disk Type IBM A4 IBM System Storage SAN Volume Controller with 1U UPS IBM A IBM System Storage DS5100 Controller IBM 2805 MC4 SSPC / SVC Console Server, x3550-m2 Server IBM A4 IBM System Storage SAN Volume Controller with 1U UPS Make Type Model Description Sub-Modules Disk Type FC 15K No of Hard Disk No of Hard Disk Raw Capa -city TB Raw Capacity HP 3PAR T400 HP 3PAR T400 SSD TB HP 3PAR T400 FC 15K TB HP 3PAR T K NL (SATA) TB 3. Backup Solution IBM Tivoli Storage Manager Suit for Unified Recovery Terabyte(1-100) License 25 licences. 4. Antivirus, HIPS Symantec protection Suite Enterprise Edition 3 available licenses :- 50 Quantity/ Number 5. Racks (Available in 39 Number) 6. Power per Rack 7KV available 7. SAN Switch Ports Available Cisco SAN SWITCH =26 HP SAN SWITCH=46 8. L2 Switch Network 136 available out of 336 Ports available 9. Structured cabling 12 port per rack per Rack available 10. CA tool 11. Active Directory/ LDAP server e) The State will appoint a 3-4 member specialized team from the DCO s (RSDC-O&M) team, Composite Team and State SIA/DIT to be associated with the Selected Bidder team so that Page 19 of 122

20 full hand holding of the entire solution shall be done from the beginning, up to FAT completion and subsequent O&M period. f) The necessary server, operating system, database and any other required Licenses for Cloud Solution etc shall be provisioned by the SI on its own and cost of the same would be built-in in the cost of the proposed Solution. No separate line item(s) shall be entertained. The solution would be required to cater to the entire Data Centre infrastructure for which limited licenses for Cloud Management would be procured as part of this RFP. Licenses for Cloud Management of additional infrastructure, as applicable, would be procured in the future. g) Comprehensive training during the implementation phase shall be the key to successful Operations and Maintenance; hence the Bidder is required to undertake robust training for at least 10 representatives from the State, Composite Team and DCO. The training documents, including Operating Manuals, Standard Operating Procedures (SOP) for the proposed Cloud solution shall be prepared and shared by the bidder with the State. The successful Bidder is free to propose the training plan. However at a minimum, the plan shall include the following: S. No. Training Description A B C Training Schedule IT Training 1. Overview of Components Installed 2. Server Virtualization 3. Adherence and Compliance 4. Overview of Migration from stand-alone Applications to the Virtualized Environment 5. Overview of Cloud Management and Monitoring Modules 6. Services that can be leveraged through SDC Private Cloud 7. Service Provisioning Portal, Orchestration, Automation etc. 8. Customization of Service Catalogue and Directory to able to add more services SLA 1. Overview of SLA Monitoring & Management Others 1. Overview of Service Provisioning, security adherence etc. 2. Do's and Don ts 3. Any other points/topics (for e.g., Open Format, Interoperability, consolidation, virtualization etc.) The above plan is only indicative; the final training plan shall be finalized between the SI and the State. h) A training workshop needs to be arranged by the Bidder for hands-on training. This workshop shall be for 2 weeks and will be delivered by people certified in Cloud and Virtualization i) 1 week training would be prior to the FAT and 1 week after the FAT completion j) The, prior to the initiation of the O&M phase, shall undertake a detailed Final Acceptance Test (FAT) process, which will include: Component wise Acceptance Overall Solution Acceptance k) It is mandated that cloud OEM representatives shall verify for satisfactory deployment of their components by the selected SI. Cost for the same shall be inbuilt as part of the bid and no extra payment / billing request shall be entertained in this regard during the project period. l) FAT completion would only be considered after at least one application identified by the State has been put on the proposed cloud environment after testing all the solution capabilities as part of the FAT parameters. The state will inform the identified application to the selected bidder only. Page 20 of 122

21 Prior to deployment of the solution, the Bidder shall convey to the State all the requirements to be fulfilled by the State for ensuring smooth operations. The Bidder shall ensure that the planned downtime is during non-peak hours and on weekends, so that the downtime has minimum effect on the existing operations of RSDC. m) The successful Bidder shall ensure that the project documents are maintained as per existing State policies. n) During the entire project period, the successful Bidder shall comply with the SLAs provided under this RFP o) All complaints shall be logged in the proposed Cloud Help Desk and the data shall be used to comply with the SLA compliance p) The call and escalation that would be for the support period shall be properly recorded in the proposed Cloud helpdesk system q) The support on quoted cloud solution including patches, updates and upgrades shall be available for the entire project period. r) The prices would be discovered in two parts: CAPEX (which shall include the Supply, Installation, Testing, Training and FAT) OPEX (This shall include the O&M, support and subscription cost for the period of the project, as mentioned in the RFP) Operation and Maintenance The scope of work for the Operations Phase is categorized below: Basic Services i. Facilitate hosting of departmental applications on Cloud and in Virtualized Environment at the RSDC: ii. iii. iv. o o o o Provision of Virtual Machines based on the requirement of the user department. Maintaining catalogue and templates in the self service provisioning portal Ensuring Connectivity of servers to the LAN and SAN Storage Ensuring required configuration for maintaining virtual IP and switch where the virtual machines do the communication SI shall maintain records of the maintenance of the cloud solution and shall maintain a logbook on-site that may be inspected by the State at any time. Server Monitoring, Administration & Management Services Backup & Restore Services of Virtual Machines v. Preventive Maintenance Services vi. vii. Corrective Maintenance Services MIS Reports Help Desk Services The help desk service will serve as a single point of contact for all incidents and service requests at the RSDC. The service will provide a Single Point of Contact (SPOC) and also escalation / closure of incidents for the user departments whose infrastructure is hosted at the data center. The activities related to Cloud shall include the following: i. Solution should comprise of a completely automated system of raising issues on a portal through web / intranet, call logging, ticket generation, sending alerts on and escalation to the cloud administrators and end users ii. Provide Help Desk facility during agreed service period window for reporting user department incidents / issues / problems related with cloud solution. Page 21 of 122

22 iii. iv. Provide necessary channels for reporting issues to the help desk. The Help desk shall log user calls related to Cloud Solution and assign an incident/ call ID number. Severity shall be assigned to each call as per the SLAs. v. Creation of knowledge base on frequently asked questions to assist user departments in resolving basic issues themselves vi. vii. viii. ix. Track each incident / call to resolution Provide feedback to callers. Analyze the call statistics Creation of knowledge base on frequently asked questions to aid users. x. Continuous monitoring of the cloud solution at the RSDC to ensure availability as per agreed SLAs. xi. xii. xiii. xiv. xv. xvi. Escalate the calls, to the appropriate levels, if necessary as per the escalation matrix agreed between the SI and the user department. The escalation matrix shall be developed by the SI in discussion with the SIA. Coordinate with respective vendors for closure of calls. All complaints shall be logged in the proposed Cloud Help Desk and the data shall be used to comply with the SLA compliance The call and escalation that would be for the support period shall be properly recorded in the proposed Cloud helpdesk system During the entire project period, the successful Bidder shall comply with the SLAs provided under this RFP Analyze the incident / call statistics and provide monthly reports including but not limited to: o o o Type of incidents / calls logged Incidents / calls resolved Incidents / calls open Further, it is clarified that the existing helpdesk solution in the RSDC would be used ONLY for ticketing, call logging, and all processes related to recording of raising issues & issue resolutions, and knowledge/problem management. One helpdesk analyst license from the existing helpdesk solution would be provided to the selected bidder. However, all other helpdesk functionalities mentioned in the RFP (such as management & monitoring, reporting, issue diagnosis & resolution, etc) would have to be catered by the selected bidder from its own proposed Cloud solution Server Monitoring, Administration The bidder shall ensure following activities on servers provided for deployment of cloud solution in RSDC. The activities shall include: i. Configuration of server parameters, operating systems administration and tuning. ii. iii. iv. Operating system administration, including but not limited to management of users, processes, resource contention, preventive maintenance and management of updates & patches to ensure that the system is properly updated. Re-installation in the event of system crash/failures. Maintenance of a log of the performance monitoring of servers including but not limited to monitoring CPU, disk space, memory utilization, I/O utilization, etc. Page 22 of 122

23 v. Event log analysis generated in all the sub systems including but not limited to servers, operating systems, applications, etc. Ensuring that the logs are backed up and truncated at regular intervals. vi. vii. viii. ix. Periodic health check of the systems, troubleshooting problems, analyzing and implementing rectification measures. Ensuring the upkeep of existing systems that would be reused and also incorporate necessary changes for new applications if any during the tenure of the contract. Identification, diagnosis and resolution of problem areas pertaining to the RSDC Cloud Solution and application and maintenance of assured SLA levels. Prepare, Design, implement and maintain standard operating procedures for maintenance of the Cloud infrastructure based on the State s policies Backup and Restore Services The SI shall be using the existing backup solution, policies and procedures that is available at RSDC. The activities shall include, but not limited to: MIS Reports Backup of operating system, Virtual Machines and application as per stipulated policies at the RSDC. Monitoring and enhancement of the performance of scheduled backups, schedule regular testing of backups and ensure adherence to related retention policies. Real-time monitoring, log maintenance and reporting of backup status on a regular basis. Prompt problem resolution in case of failures in the backup processes. SI shall submit the reports on a regular basis in a mutually decided format. The SI shall workout the formats for the MIS reports and get these approved by the State within a month of being awarded the contract. The following is only an indicative list of MIS reports that may be submitted to the State: a. Daily reports o o o o Summary of issues / complaints logged at the Help Desk Summary of resolved, unresolved and escalated issues / complaints Summary of resolved, unresolved and escalated issues / complaints to vendors. Log of backup and restoration undertaken. b. Weekly Reports o o o o Summary of systems rebooted. Summary of issues / complaints logged with the OEMs. Summary of changes undertaken in the Data Centre including major changes like configuration changes, patch upgrades, etc. and minor changes like log truncation, volume expansion, user creation, user password reset, etc. Hypervisor patch update status of all servers including the Virtual Machines running on in c. Monthly reports o o o o o Component wise server as well as Virtual machines availability and resource utilization Consolidated SLA / (non)- conformance report. Summary of component wise uptime. Log of preventive / scheduled maintenance undertaken Log of break-fix maintenance undertaken Page 23 of 122

24 o All relevant reports required for calculation of SLAs d. Quarterly Reports o o Consolidated component-wise availability and resource utilization. All relevant reports required for calculation of SLAs The MIS reports shall be in-line with the SLAs and the same shall be scrutinized by the TPA. Note: The Selected bidder will also provide any other report requested by the SIA/TPA Deployment of team i. The Cloud SI shall supply to the State, 5 (five) days after the signing of the contract or effective date of commencement of works/services or kick-off meeting whichever is earlier, an organization chart showing the proposed organization/manpower to be established by the SI for execution of the work/facilities including the identities and Curriculum-Vitae of the key personnel to be deployed. The SI shall promptly inform the State in writing of any revision or alteration of such organization charts ii. iii. iv. The SI shall be responsible for the deployment, transportation, accommodation and other requirements of all its employees required for the execution of the work and for all costs/charges in connection thereof. The bidder has to estimate the number of manpower required for meeting out the SLA and RFP requirement as per cloud solution proposed by the SI (minimum one manpower/shift for the entire project period considering 3 shifts in a day shall be deployed by the bidder). Seating space for the manpower would be provided by the purchaser. The SI shall provide and deploy manpower on the site for carrying out the work, only those manpower resources who are skilled and experienced in their respective trades and who are competent to execute or manage/supervise the work in a proper and timely manner The State s Representative may at any time object to and require the SI to remove forthwith from the site a supervisor or any other authorized representative or employee of the SI or any person(s) deployed by SI, if in the opinion of the State s Representative the person in question has mis-conducted himself or his deployment is otherwise considered undesirable by the State s Representative the SI shall forthwith remove and shall not again deploy the person in question of the work site without the written consent of the State s Representative v. The State s Representative may at any time request the SI to remove from the work / Site the Implementation Agency s supervisor or any other authorized representative including any employee of the SI or any person(s) deployed by SI for professional incompetence or negligence or for being deployed for work for which he is not suited. The SI shall consider the representative s request and may accede to or disregard it. The State s Representative having made a request as aforesaid in the case of any person which the SI has disregarded, may in the case of the same person at any time but on a different occasion and for a different instance of one of the reasons referred to above in this Clause object to and require the SI to remove that person from deployment on the work which the SI shall then forthwith do and shall not again deploy any person so objected to on the work or on the sort of work in question (as the case may be) without the written consent of the State s Representative vi. vii. The State s Representative shall state to the SI in writing his reasons for any request or requirement pursuant to this clause The SI shall maintain backup personnel and shall promptly provide replacement of every person removed pursuant to this section with an equally competent substitute from the pool of backup personnel Page 24 of 122

25 viii. In case of change in its team composition owing to attrition the SI shall ensure a reasonable amount of time-overlap in activities to ensure proper knowledge transfer and handover/takeover of documents and other relevant materials between the outgoing and the new member. The exiting team member shall be replaced with an equally competent substitute from the pool of backup personnel 4.2. Project Deliverables, Milestones & Time Schedule S. No Project Activity/ Scope of Work Team Mobilization, Preparation of Project Plan, Kickoff meeting etc. and Completion of activities mentioned in section of the scope of work Completion of scope of work of section of the scope of work Activity Detailed Project Plan, kick-off meeting and Final Acceptance Testing of deployed solution Operation and Maintenance Basic Services (As per section ) Help Desk Services (As per section Deliverables (Reports/ Docs./ Infra.) Detailed Project Plan Minutes of Meeting Organization chart showing the proposed organization/ manpower including the identities and Curriculum- Vitae of the key personnel to be deployed Delivery reports for all software Installation and Commissioning reports of components and solution FAT document (including Plan, procedures, and report) Standard Operating Procedures (SOP) Exit Management Plan SLA Measurement Methodology Training material Training completion certificate from user Date wise detailed and MIS reports of corrective maintenance services provided during the quarter Backup and recovery services of virtual machines- Exception report along with related logs Detailed SLA compliance report and logs Timelines 7 days from the date of issue of work order/ LOI 5 (five) days after the signing of the contract or effective date of commencement of works/services or kick-off meeting whichever is earlier amongst the above 99 days from the date of issue of work order/loi or 84 days from the signing of contract, whichever is earlier Within 15 days from the end of respective quarter Page 25 of 122

26 S. No. Project Activity/ Scope of Work Activity ) Server Monitoring, Administration (As per section ) Deliverables (Reports/ Docs./ Infra.) Server Administration and management services: o Updates/upgrades, patches history report o Server uptime report along with logs Timelines Backup and restore services (As per section ) MIS reports (As per section ) Exception report along with related logs Reports submission chart for all reports as mentioned in SoW and additional reports as desired by the purchaser Note: DCCO has to provide all the reports and deliverables mentioned above and provide any additional reports as required by purchaser Roles and Responsibilities The roles of the stakeholders shall change over a period of time as the project will evolve from design to implementation and enter the operations phase. With this background, stakeholders responsibilities and illustrative organizational structure for the design & implementation phase and operational phase is given below: STATE Cloud SI DCO TPA State Implementation Agency and/ or Composite Team System Integrator/ Bidder Data Centre Operator Third Party Auditor A- Advise C- Coordinate I- Implement The table below summarizes the Roles and Responsibilities of stakeholders involved in the project: Table 1: Summary of Roles and Responsibilities of stakeholders S. Activity No. State / CT 1 Supply, Installation and Commissioning Stakeholder Cloud SI 1.1 Finalize Deployment Architecture with SIA C I 1.2 Cloud SI to finalize requirements (Downtime C I C requirements) DCO Page 26 of 122

27 S. Activity Stakeholder No. State / Cloud DCO CT SI 1.3 Cloud SI to submit a plan for the following: C I C Project Implementation, Training and Knowledge Transfer Plan Preparation and submission of Standard Operating C I Procedures (SOP) 1.4 State to sign off on submitted Plans and give goahead I C to Cloud SI for Installation 1.5 Supply, Installation and commissioning of Cloud C I Solution such as Server Virtualization, Cloud Management and monitoring tools and other IT components required at the Rajasthan State Data Centre as specified in the Functional requirements, and / or suggested by the Cloud SI 1.6 State to sign off on Deployment Architecture after I C taking compliance from Cloud SI for required uptime SLAs 1.7 All SW, Licenses shall be verified as per the BoM I C submitted by the Cloud SI as part of the Bid 1.8 State to specify one application to be put in I C C virtualized environment 2 Testing 2.1 Acceptance Test Plan customization by Cloud SI I I C and submission to State for approval (Focus to be on Performance, Resilience and Quality of solution) 2.2 Provide SW and Licenses required for testing I installed Cloud Solution 3 Final Acceptance Test 3.1 Cloud SI to demonstrate all the services / features / C I C functionalities as mentioned in the FRS and defined in the Scope of Work and subsequently in the agreement, as part of the FAT 3.2 State to verify the functionalities and sign-off on FAT I C C completion 4 Training 4.1 State to identify the representatives from CT, DCO, I User Department, SeMT and SIA 4.2 Training to be provided by the Bidder as per the C I C training requirements mentioned in the RFP 5 Operations and Maintenance 5.1 Support for all the components (upgrades, updates, C I C call, escalation, response time, resolution time ) 5.2 Maintaining the helpdesk for Cloud components I C 5.3 Support during the Operations phase for any error I C correction or version Updations 5.4 Provisioning of new VM deletion, Updations, P to V Conversion etc. C I Page 27 of 122

28 5. INSTRUCTION TO BIDDERS (ITB) 1) Sale of Bidding/ Tender Documents a) The sale of bidding documents shall be commenced from the date of publication of Notice Inviting Bids (NIB) and shall be stopped one day prior to the date of opening of Bid. The complete bidding document shall also be placed on the State Public Procurement Portal and e-procurement portal. The prospective bidders shall be permitted to download the bidding document from the websites and pay its price while submitting the Bid to the procuring entity. b) The bidding documents shall be made available to any prospective bidder who pays the price for it in cash or by bank demand draft, banker's cheque. c) Bidding documents purchased by Principal of any concern may be used by its authorised sole selling agents/ marketing agents/ distributors/ sub-distributors and authorised dealers or vice versa. 2) Pre-bid Meeting/ Clarifications a) Any prospective bidder may, in writing, seek clarifications from the procuring entity in respect of the bidding documents. b) A pre-bid conference is also scheduled by the procuring entity as per the details mentioned in the NIB and to clarify doubts of potential bidders in respect of the procurement and the records of such conference shall be intimated to all bidders and where applicable, shall be published on the respective websites. c) The period within which the bidders may seek clarifications under (a) above and the period within which the procuring entity shall respond to such requests for clarifications shall be as under: - a. Last date of submitting clarifications requests by the bidder: as per NIB b. Response to clarifications by procuring entity: as per NIB d) The minutes and response, if any, shall be provided promptly to all bidders to which the procuring entity provided the bidding documents, so as to enable those bidders to take minutes into account in preparing their bids, and shall be published on the respective websites. 3) Changes in the Bidding Document a) At any time, prior to the deadline for submission of Bids, the procuring entity may for any reason, whether on its own initiative or as a result of a request for clarification by a bidder, modify the bidding documents by issuing an addendum in accordance with the provisions below. b) In case, any modification is made to the bidding document or any clarification is issued which materially affects the terms contained in the bidding document, the procuring entity shall publish such modification or clarification in the same manner as the publication of the initial bidding document. c) In case, a clarification or modification is issued to the bidding document, the procuring entity may, prior to the last date for submission of Bids, extend such time limit in order to allow the bidders sufficient time to take into account the clarification or modification, as the case may be, while submitting their Bids. d) Any bidder, who has submitted his Bid in response to the original invitation, shall have the opportunity to modify or re-submit it, as the case may be, within the period of time originally Page 28 of 122

29 allotted or such extended time as may be allowed for submission of Bids, when changes are made to the bidding document by the procuring entity: Provided that the Bid last submitted or the Bid as modified by the bidder shall be considered for evaluation. 4) Period of Validity of Bids a) Bids submitted by the bidders shall remain valid during the period specified in the NIB/ bidding document. A Bid valid for a shorter period shall be rejected by the procuring entity as nonresponsive Bid. b) Prior to the expiry of the period of validity of Bids, the procuring entity, in exceptional circumstances, may request the bidders to extend the bid validity period for an additional specified period of time. A bidder may refuse the request and such refusal shall be treated as withdrawal of Bid and in such circumstances bid security shall not be forfeited. c) Bidders that agree to an extension of the period of validity of their Bids shall extend or get extended the period of validity of bid securities submitted by them or submit new bid securities to cover the extended period of validity of their bids. A bidder whose bid security is not extended, or that has not submitted a new bid security, is considered to have refused the request to extend the period of validity of its Bid. 5) Format and Signing of Bids a) Bidders must submit their bids online at e-procurement portal i.e. b) All the documents uploaded should be digitally signed with the DSC of authorized signatory. c) A Single stage-two part/ cover system shall be followed for the Bid: - a. Technical Bid, including fee details, eligibility & technical documents b. Financial Bid d) The technical bid shall consist of the following documents: - S. No. Documents Type Document Format Fee Details 1. Bidding document Fee (Tender Fee) Proof of submission (PDF) 2. Processing Fee (e-procurement) Instrument/ Proof of submission (PDF) 3. Bid Security Instrument/ Proof of submission (PDF) Eligibility Documents 4. Bidder s Authorisation Certificate along with copy of PoA/ Board resolution stating that Auth. Signatory can sign the bid/ contract on As per Annexure-4 (PDF) behalf of the firm. 5. All the documents mentioned in the Eligibility Criteria, in support of the eligibility As per the format mentioned against the respective eligibility criteria clause (PDF) Technical Documents 6. Certificate of Conformity/ No Deviation As per Annexure-6 (PDF) 7. Declaration by Bidders As per Annexure-7 (PDF) 8. Manufacturer s Authorisation Form (MAF) As per Annexure8 (Indicative Format) (PDF) for the items given in Annexure-1 (BoQ) Page 29 of 122

30 S. No. Documents Type Document Format 9. Undertaking on Authenticity of Comp. Equip. As per Annexure-9 (PDF) 10. Components Offered + Functional As per Annexure-10 (PDF) Requirement Specifications compliance sheet for all items only on OEM Letter Head 11. All the documents mentioned in the clause Technical Evaluation criteria of Evaluation & Tabulation of Technical Bids given in As per the format mentioned against the respective evaluation criteria. Section-5 (Instruction to bidders) 12. Technical Solution and Technical Forms As per Annexure-15 (Forms for filling the technical Bid) b) Financial bid shall include the following documents: - S. No. Documents Type Document Format 1. Financial Bid Cover Letter On bidder s letter head duly signed by authorized signatory as per Annexure-11 (PDF) 2. Financial Bid - Format As per BoQ (.XLS) format available on e-procurement portal c) The bidder should ensure that all the required documents, as mentioned in this bidding document, are submitted along with the Bid and in the prescribed format only. Non-submission of the required documents or submission of the documents in a different format/ contents may lead to the rejections of the Bid submitted by the bidder. 6) Cost & Language of Bidding a) The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the procuring entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. b) The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the procuring entity, shall be written only in English Language. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in English/ Hindi language, in which case, for purposes of interpretation of the Bid, such translation shall govern. 7) Alternative/ Multiple Bids Alternative/ Multiple Bids shall not be considered at all. Also, the bidder shall not quote for multiple brands/ make/ models but only one in the technical Bid and should also mention the details of the quoted make/ model in the Annexure-10: Components Offered. 8) Bid Security Every bidder, if not exempted, participating in the procurement process will be required to furnish the bid security as specified in the NIB. a) In lieu of bid security, a bid securing declaration shall be taken from Departments of the State Government, Undertakings, Corporations, Autonomous bodies, Registered Societies and Cooperative Societies which are owned or controlled or managed by the State Government and Government Undertakings of the Central Government. b) Bid security instrument or a bid securing declaration shall necessarily accompany the technical bid. Page 30 of 122

31 c) Bid security of a bidder lying with the procuring entity in respect of other bids awaiting decision shall not be adjusted towards bid security for the fresh bids. The bid security originally deposited may, however, be taken into consideration in case bids are re-invited. d) The bid security may be given in the form of a banker s cheque or demand draft of a scheduled bank or deposited through egras. The bid security must remain valid thirty days beyond the original or extended validity period of the bid. e) The issuer of the bid security and the confirmer, if any, of the bid security, as well as the form and terms of the bid security, must be acceptable to the procuring entity. f) Prior to presenting a submission, a bidder may request the procuring entity to confirm the acceptability of proposed issuer of a bid security or of a proposed confirmer, if required. The procuring entity shall respond promptly to such a request. g) The bid security of unsuccessful bidders shall be refunded soon after final acceptance of successful bid and signing of Agreement and submitting performance security. h) The Bid security taken from a bidder shall be forfeited, including the interest, if any, in the following cases, namely: - a. when the bidder withdraws or modifies its bid after opening of bids; b. when the bidder does not execute the agreement, if any, after placement of supply/ work order within the specified period; c. when the bidder fails to commence the supply of the goods or service or execute work as per supply/ work order within the time specified; d. when the bidder does not deposit the performance security within specified period after the supply/ work order is placed; and e. if the bidder breaches any provision of code of integrity, prescribed for bidders, specified in the bidding document. i) Notice will be given to the bidder with reasonable time before bid security deposited is forfeited. j) No interest shall be payable on the bid security. k) In case of the successful bidder, the amount of bid security may be adjusted in arriving at the amount of the Performance Security, or refunded if the successful bidder furnishes the full amount of performance security. l) The procuring entity shall promptly return the bid security after the earliest of the following events, namely:- a. the expiry of validity of bid security; b. the execution of agreement for procurement and performance security is furnished by the successful bidder; c. the cancellation of the procurement process; or d. the withdrawal of bid prior to the deadline for presenting bids, unless the bidding documents stipulate that no such withdrawal is permitted. Page 31 of 122

32 9) Deadline for the submission of Bids a) Bids shall be received online at e-procurement portal and up to the time and date specified in the NIB. b) Normally, the date of submission and opening of Bids would not be extended. In exceptional circumstances or when the bidding document are required to be substantially modified as a result of discussions in pre-bid meeting/ conference or otherwise and the time with the prospective bidders for preparation of Bids appears insufficient, the date may be extended by the procuring entity. In such case the publicity of extended time and date shall be given in the manner, as was given at the time of issuing the original NIB and shall also be placed on the State Public Procurement Portal, if applicable. It would be ensured that after issue of corrigendum, reasonable time is available to the bidders for preparation and submission of their Bids. The procuring entity shall also publish such modifications in the bidding document in the same manner as the publication of initial bidding document. If, in the office of the Bids receiving and opening authority, the last date of submission or opening of Bids is a non-working day, the Bids shall be received or opened on the next working day. 10) Withdrawal, Substitution, and Modification of Bids a) If permitted on e-procurement portal, a Bidder may withdraw its Bid or re-submit its Bid (technical and/ or financial cover) as per the instructions/ procedure mentioned at e-procurement website under the section "Bidder's Manual Kit". b) Bids withdrawn shall not be opened and processes further. 11) Opening of Bids a) The Bids shall be opened by the bid opening & evaluation committee on the date and time mentioned in the NIB in the presence of the bidders or their authorised representatives who choose to be present. b) The committee may co-opt experienced persons in the committee to conduct the process of Bid opening. c) The committee shall prepare a list of the bidders or their representatives attending the opening of Bids and obtain their signatures on the same. The list shall also contain the representative s name and telephone number and corresponding bidders names and addresses. The authority letters, if any, brought by the representatives shall be attached to the list. The list shall be signed by all the members of Bid opening committee with date and time of opening of the Bids. d) All the documents comprising of technical Bid/ cover shall be opened & downloaded from the e- Procurement website (only for the bidders who have submitted the prescribed fee(s) to ). e) The committee shall conduct a preliminary scrutiny of the opened technical Bids to assess the prima-facie responsiveness and ensure that the: - a. bid is accompanied by bidding document fee, bid security or bid securing declaration, and processing fee (if applicable); b. bid is valid for the period, specified in the bidding document; c. bid is unconditional and the bidder has agreed to give the required performance security; and d. other conditions, as specified in the bidding document are fulfilled. Page 32 of 122

33 e. any other information which the committee may consider appropriate. f) No Bid shall be rejected at the time of Bid opening except the Bids not accompanied with the proof of payment or instrument of the required price of bidding document, processing fee and bid security. g) The Financial Bid cover shall be kept unopened and shall be opened later on the date and time intimated to the bidders who qualify in the evaluation of technical Bids. 12) Selection Method: The selection method is Quality cum Cost Based (LCBS). Eligible bidders have to score at least 70% marks to be considered technically qualified. 13) Clarification of Bids a) To assist in the examination, evaluation, comparison and qualification of the Bids, the bid evaluation committee may, at its discretion, ask any bidder for a clarification regarding its Bid. The committee's request for clarification and the response of the bidder shall be through the e- Procurement portal. b) Any clarification submitted by a bidder with regard to its Bid that is not in response to a request by the committee shall not be considered. c) No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the committee in the evaluation of the financial Bids. d) No substantive change to qualification information or to a submission, including changes aimed at making an unqualified bidder, qualified or an unresponsive submission, responsive shall be sought, offered or permitted. 14) Evaluation & Tabulation of Technical Bids a) Determination of Responsiveness a. The bid evaluation committee shall determine the responsiveness of a Bid on the basis of bidding document and the provisions of pre-qualification/ eligibility criteria of the bidding document. b. A responsive Bid is one that meets the requirements of the bidding document without any material deviation, reservation, or omission where: - i. deviation is a departure from the requirements specified in the bidding document; ii. reservation is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and iii. Omission is the failure to submit part or all of the information or documentation required in the bidding document. c. A material deviation, reservation, or omission is one that, i. if accepted, shall:- 1. affect in any substantial way the scope, quality, or performance of the subject matter of procurement specified in the bidding documents; or 2. limits in any substantial way, inconsistent with the bidding documents, the procuring entity s rights or the bidder s obligations under the proposed contract; or Page 33 of 122

34 ii. if rectified, shall unfairly affect the competitive position of other bidders presenting responsive Bids. d. The bid evaluation committee shall examine the technical aspects of the Bid in particular, to confirm that all requirements of bidding document have been met without any material deviation, reservation or omission. e. The procuring entity shall regard a Bid as responsive if it conforms to all requirements set out in the bidding document, or it contains minor deviations that do not materially alter or depart from the characteristics, terms, conditions and other requirements set out in the bidding document, or if it contains errors or oversights that can be corrected without touching on the substance of the Bid. b) Non-material Non-conformities in Bids a. The bid evaluation committee may waive any non-conformities in the Bid that do not constitute a material deviation, reservation or omission, the Bid shall be deemed to be substantially responsive. b. The bid evaluation committee may request the bidder to submit the necessary information or document like audited statement of accounts/ CA Certificate, Registration Certificate, VAT/ CST clearance certificate, ISO/ CMMi Certificates, etc. within a reasonable period of time. Failure of the bidder to comply with the request may result in the rejection of its Bid. c. The bid evaluation committee may rectify non-material nonconformities or omissions on the basis of the information or documentation received from the bidder under (b) above. c) Technical Evaluation Criteria The State may request the Bidders to make a presentation on their proposal to an Evaluation Committee to be constituted for the purpose. (SI needs to fill in the required annexure and forms and attach relevant documents as given in Annexure 15 Forms for filling the technical Bid for the criteria given below). S. No. i. Criteria Weightage Reference (Forms to be filled) Bidder s experience in setting-up IT infrastructure in Data Centres in India, quantified in terms of number of projects will be evaluated. Setting-up IT infrastructure in Data Centres would mean where the Bidder has 10 marks Form 1 procured, installed and commissioned IT Infrastructure (Hardware and Software) in Data centre. Only Project Cost greater than Rs. 2 Cr and set up as per the contract in the last 3 financial year s i.e , , and will be considered. Bidder with maximum numbers of projects (maximum capped to 5 projects) shall be awarded full 10 Remarks (a) Work Orders confirming year and area of activity (b) Declaration from the CA confirming the commissioning of IT Infrastructure in Data Centre OR Client certificate confirming the commissioning of IT Page 34 of 122

35 S. No. ii iii Criteria Weightage Reference (Forms to be filled) (1 project=2 Marks) marks and the others shall be awarded marks on relative (pro rata) basis. Bidder s experience in commissioning Cloud Solution in India, quantified in terms of number of projects will be evaluated. Setting-up IT infrastructure would mean where 10 marks Form 2 the Bidder has procured, installed and commissioned Cloud Infrastructure (Hardware and Software). Only Project Cost greater than Rs. 1 Cr and set up as per the contract in the last 3 financial years i.e , , and will be considered Bidder with maximum numbers of projects (maximum capped to 5 projects) shall be awarded full 10 (1 project=2 Marks) marks and the others shall be awarded marks on relative (pro rata) basis. Server Virtualization / Hypervisor support Maximum marks would be awarded to the solution which supports maximum number of hypervisors, capped to 4 hypervisors (Hyper-V, Linux-Xen, KVM and ESXi).Other bidders would be awarded on a pro rata basis Virtual Machines created or Physical servers virtualized by the proposed solution in a live / production environment. 5 marks Remarks Infrastructure in Data Centre (a) Work Orders confirming year and area of activity (b) Declaration from the CA confirming the commissioning of Cloud solution/ infrastructure in Data Centre OR Client certificate confirming the commissioning of Cloud solution/ infrastructure in Data Centre OEM declaration with Documentary evidence for support of respective hypervisors in given solution iv. The bidder would be required to present a proof of implementing the maximum number of Virtual machines in a single Data Centre location, with maximum marks to be given for maximum implementation of VMs. Other bidders would be awarded based 5 marks Page 35 of 122

36 S. No. Criteria Weightage Reference (Forms to be filled) on a pro-rata basis. Client certificate to be attached. Remarks v. Bidder s non-commercial internal Data Centre experience would not be considered for this aspect Monitoring & Helpdesk 5 marks Form 3 vi. vii. Bidder s experience in commissioning Cloud Solution in India, quantified in terms of number of different Cloud Technology implementation (different OEMs) shall be evaluated. Bidder with maximum number of Technology implementation (capped to maximum of 5 different Cloud solution technology) shall be awarded full marks (1 OEM technology = 1 mark) and others shall be awarded marks on a prorata basis. The bidder should have, on its rolls, at least 5 resources with valid Cloud related certifications. Bidder with maximum resources would be awarded the maximum marks. Other bidders would be awarded on a pro-rata basis. Bidders with no such resources / less than 5 such resources would be awarded 0 (Zero) marks. 5 marks 5 marks viii. Valid HR certificate of bidder s organization to be attached The Resource(s) to be deployed by the SI for Cloud Enablement at the SDC should have OEM certification from that OEM whose product has been quoted in this Bid) Resources with OEM certification for Virtualization Implementation= 2.5 Resources with OEM certification for Cloud Implementation= 2.5 Bidder with maximum number of 5 marks Resource(s) CV with valid Certificates Page 36 of 122

37 S. No. Criteria Weightage Reference (Forms to be filled) resources with OEM certification for virtualization implementation/cloud implementation shall be awarded full marks and others shall be awarded marks on a pro-rata basis Remarks ix Presentation by the bidder on the proposed solution 30 Resource(s) CV with valid Certificates Total 80 Note: If the proof of attachments is not accompanied in the response, then that response will not be taken into consideration for technical evaluation. All the Bidders who score a Technical Score of (70%) or more will be declared as technically qualified. d) Tabulation of Technical Bids a. If Technical Bids have been invited, they shall be tabulated by the bid evaluation committee in the form of a comparative statement to evaluate the qualification of the bidders against the criteria for qualification set out in the bidding document. b. The members of bid evaluation committee shall give their recommendations below the table as to which of the bidders have been found to be qualified in evaluation of Technical Bids and sign it. e) The number of firms qualified in technical evaluation, if less than three and it is considered necessary by the procuring entity to continue with the procurement process, reasons shall be recorded in writing and included in the record of the procurement proceedings. f) The bidders who qualified in the technical evaluation shall be informed in writing about the date, time and place of opening of their financial Bids. 15) Evaluation & Tabulation of Financial Bids The prices would be discovered in two parts: CAPEX (which shall include the Supply, Installation, Testing, Training and FAT) OPEX (This shall include the O&M, support and subscription cost for the period of the project, as mentioned in the RFP). The commercial Bids would be evaluated based on the overall price (CAPEX + OPEX) quoted, the evaluation would be based on L1 criteria. The Bidder who quotes the lowest price shall be considered as L1. The OPEX period shall be 3 years from the date of Final acceptance of the Cloud Enablement components by the State. The rates for monthly / quarterly / annual payments may be calculated on a pro-rata basis, if required. Page 37 of 122

38 Subject to the provisions of Acceptance of Successful Bid and Award of Contract below, the procuring entity shall take following actions for evaluation of financial Bids:- a) The financial Bids of the bidders who qualified in technical evaluation shall be opened online at the notified time, date and place by the bid evaluation committee in the presence of the bidders or their representatives who choose to be present; b) the process of opening of the financial Bids shall be similar to that of technical Bids. c) the names of the bidders, the rates given by them and conditions put, if any, shall be read out and recorded; d) conditional Bids are liable to be rejected; e) the evaluation shall include all costs and all taxes and duties applicable to the bidder as per law of the Central/ State Government/ Local Authorities, and the evaluation criteria specified in the bidding documents shall only be applied; f) the offers shall be evaluated and marked L1, L2, L3 etc. L1 being the lowest offer and then others in ascending order; g) the bid evaluation committee shall prepare a comparative statement in tabular form in accordance with rules along with its report on evaluation of financial Bids and recommend the lowest offer for acceptance to the procuring entity, if price is the only criterion, or most advantageous Bid in other case; h) The members of bids evaluation committee shall give their recommendations below the table regarding lowest Bid or most advantageous Bid and sign it. i) it shall be ensured that the offer recommended for sanction is justifiable looking to the prevailing market rates of the goods, works or service required to be procured. 16) Correction of Arithmetic Errors in Financial Bids The bid evaluation committee shall correct arithmetical errors in substantially responsive Bids, on the following basis, namely: - a) if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the bid evaluation committee there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to clause (a) and (b) above. 17) Comparison of rates of firms outside and those in Rajasthan While tabulating the financial Bids of those firms which are not entitled to price preference, the element of Rajasthan Value Added Tax (RVAT) shall be excluded from the rates quoted by the firms Page 38 of 122

39 of Rajasthan and the element of Central Sales Tax (CST) shall be included in the rates of firms from outside Rajasthan for financial bid evaluation purpose. 18) Price/ purchase preference in evaluation Price and/ or purchase preference notified by the State Government (GoR) and as mentioned in the bidding document shall be considered in the evaluation of Bids and award of contract. 19) Negotiations a) Except in case of procurement by method of single source procurement or procurement by competitive negotiations, to the extent possible, no negotiations shall be conducted after the prebid stage. All clarifications needed to be sought shall be sought in the pre-bid stage itself. b) Negotiations may, however, be undertaken only with the lowest or most advantageous bidder when the rates are considered to be much higher than the prevailing market rates. c) The bid evaluation committee shall have full powers to undertake negotiations. Detailed reasons and results of negotiations shall be recorded in the proceedings. d) The lowest or most advantageous bidder shall be informed in writing either through messenger or by registered letter and (if available). A minimum time of seven days shall be given for calling negotiations. In case of urgency the bid evaluation committee, after recording reasons, may reduce the time, provided the lowest or most advantageous bidder has received the intimation and consented to regarding holding of negotiations. e) Negotiations shall not make the original offer made by the bidder inoperative. The bid evaluation committee shall have option to consider the original offer in case the bidder decides to increase rates originally quoted or imposes any new terms or conditions. f) In case of non-satisfactory achievement of rates from lowest or most advantageous bidder, the bid evaluation committee may choose to make a written counter offer to the lowest or most advantageous bidder and if this is not accepted by him, the committee may decide to reject and re-invite Bids or to make the same counter-offer first to the second lowest or most advantageous bidder, then to the third lowest or most advantageous bidder and so on in the order of their initial standing and work/ supply order be awarded to the bidder who accepts the counter-offer. This procedure would be used in exceptional cases only. g) In case the rates even after the negotiations are considered very high, fresh Bids shall be invited. 20) Exclusion of Bids/ Disqualification a) A procuring entity shall exclude/ disqualify a Bid, if: - a. the information submitted, concerning the qualifications of the bidder, was false or constituted a misrepresentation; or b. the information submitted, concerning the qualifications of the bidder, was materially inaccurate or incomplete; and c. the bidder is not qualified as per pre-qualification/ eligibility criteria mentioned in the bidding document; d. the Bid materially departs from the requirements specified in the bidding document or it contains false information; Page 39 of 122

40 e. the bidder, submitting the Bid, his agent or any one acting on his behalf, gave or agreed to give, to any officer or employee of the procuring entity or other governmental authority a gratification in any form, or any other thing of value, so as to unduly influence the procurement process; f. a bidder, in the opinion of the procuring entity, has a conflict of interest materially affecting fair competition. b) A Bid shall be excluded/ disqualified as soon as the cause for its exclusion/ disqualification is discovered. c) Every decision of a procuring entity to exclude a Bid shall be for reasons to be recorded in writing and shall be: - a. communicated to the concerned bidder in writing; b. published on the State Public Procurement Portal, if applicable. 21) Lack of competition a) A situation may arise where, if after evaluation of Bids, the bid evaluation committee may end-up with one responsive Bid only. In such situation, the bid evaluation committee would check as to whether while floating the NIB all necessary requirements to encourage competition like standard bid conditions, industry friendly specifications, wide publicity, sufficient time for formulation of Bids, etc were fulfilled. If not, the NIB would be re-floated after rectifying deficiencies. The bid process shall be considered valid even if there is one responsive Bid, provided that: - a. the Bid is technically qualified; b. the price quoted by the bidder is assessed to be reasonable; c. the Bid is unconditional and complete in all respects; d. there are no obvious indicators of cartelization amongst bidders; and e. the bidder is qualified as per the provisions of pre-qualification/ eligibility criteria in the bidding document b) The bid evaluation committee shall prepare a justification note for approval by the next higher authority of the procuring entity, with the concurrence of the accounts member. c) In case of dissent by any member of bid evaluation committee, the next higher authority in delegation of financial powers shall decide as to whether to sanction the single Bid or re-invite Bids after recording reasons. d) If a decision to re-invite the Bids is taken, market assessment shall be carried out for estimation of market depth, eligibility criteria and cost estimate. 22) Acceptance of the successful Bid and award of contract a) The procuring entity after considering the recommendations of the bid evaluation committee and the conditions of Bid, if any, financial implications, trials, sample testing and test reports, etc., shall accept or reject the successful Bid. If any member of the bid evaluation committee, has disagreed or given its note of dissent, the matter shall be referred to the next higher authority, as per delegation of financial powers, for decision. b) Decision on Bids shall be taken within original validity period of Bids and time period allowed to procuring entity for taking decision. If the decision is not taken within the original validity period or Page 40 of 122

41 time limit allowed for taking decision, the matter shall be referred to the next higher authority in delegation of financial powers for decision. c) Before award of the contract, the procuring entity shall ensure that the price of successful Bid is reasonable and consistent with the required quality. d) A Bid shall be treated as successful only after the competent authority has approved the procurement in terms of that Bid. e) The procuring entity shall award the contract to the bidder whose offer has been determined to be the lowest or most advantageous in accordance with the evaluation criteria set out in the bidding document and if the bidder has been determined to be qualified to perform the contract satisfactorily on the basis of qualification criteria fixed for the bidders in the bidding document for the subject matter of procurement. f) Prior to the expiration of the period of bid validity, the procuring entity shall inform the successful bidder, in writing, that its Bid has been accepted. g) As soon as a Bid is accepted by the competent authority, its written intimation shall be sent to the concerned bidder by registered post or and asked to execute an agreement in the format given in the bidding documents on a non-judicial stamp of requisite value and deposit the amount of performance security or a performance security declaration, if applicable, within a period specified in the bidding documents or where the period is not specified in the bidding documents then within fifteen days from the date on which the letter of acceptance or letter of intent is dispatched to the bidder. h) If the issuance of formal letter of acceptance is likely to take time, in the meanwhile a Letter of Intent (LOI) may be sent to the bidder. The acceptance of an offer is complete as soon as the letter of acceptance or letter of intent is posted and/ or sent by (if available) to the address of the bidder given in the bidding document. Until a formal contract is executed, the letter of acceptance or LOI shall constitute a binding contract. i) The bid security of the bidders who s Bids could not be accepted shall be refunded soon after the contract with the successful bidder is signed and its performance security is obtained. 23) Information and publication of award Information of award of contract shall be communicated to all participating bidders and published on the respective website(s) as specified in NIB. 24) Procuring entity s right to accept or reject any or all Bids The Procuring entity reserves the right to accept or reject any Bid, and to annul (cancel) the bidding process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the bidders. 25) Right to vary quantity a) If the procuring entity does not procure any subject matter of procurement or procures less than the quantity specified in the bidding documents due to change in circumstances, the bidder shall not be entitled for any claim or compensation. Page 41 of 122

42 b) Repeat orders for extra items or additional quantities may be placed on the rates and conditions given in the contract. Delivery or completion period may also be proportionately increased. The limits of repeat order shall be as under: - a. 50% of the quantity of the individual items and 50% of the value of original contract in case of works; and b. 50% of the value of goods or services of the original contract. 26) Performance Security a) Prior to execution of agreement, Performance security shall be solicited from all successful bidders except the departments of the State Government and undertakings, corporations, autonomous bodies, registered societies, co-operative societies which are owned or controlled or managed by the State Government and undertakings of the Central Government. However, a performance security declaration shall be taken from them. The State Government may relax the provision of performance security in particular procurement or any class of procurement. b) The amount of performance security shall be 10%, or as may be specified in the bidding document, of the amount of supply order in case of procurement of goods and services. In case of Small Scale Industries (SSI) of Rajasthan, it shall be 1% of the amount of quantity ordered for supply of goods and in case of sick industries, other than SSI, whose cases are pending before the Board of Industrial and Financial Reconstruction (BIFR), it shall be 2% of the amount of supply order. c) Performance security shall be furnished in any one of the following forms: - a. deposit though egras; b. Bank Draft or Banker's Cheque of a scheduled bank; c. National Savings Certificates and any other script/ instrument under National Savings Schemes for promotion of small savings issued by a Post Office in Rajasthan, if the same can be pledged under the relevant rules. They shall be accepted at their surrender value at the time of bid and formally transferred in the name of procuring entity with the approval of Head Post Master; d. Bank guarantee/s of a scheduled bank in case the value of PSD becomes more than 10 lakhs. Other conditions regarding bank guarantee shall be same as mentioned in the bidding document for bid security; e. Fixed Deposit Receipt (FDR) of a scheduled bank. It shall be in the name of procuring entity on account of bidder and discharged by the bidder in advance. The procuring entity shall ensure before accepting the FDR that the bidder furnishes an undertaking from the bank to make payment/ premature payment of the FDR on demand to the procuring entity without requirement of consent of the bidder concerned. In the event of forfeiture of the performance security, the Fixed Deposit shall be forfeited along with interest earned on such Fixed Deposit. d) Performance security furnished in the form specified in clause [b.] to [e.] of (c) above shall remain valid for a period of 60 days beyond the date of completion of all contractual obligations of the bidder, including warranty obligations and maintenance and defect liability period. Page 42 of 122

43 e) Forfeiture of Security Deposit: Security amount in full or part may be forfeited, including interest, if any, in the following cases:- a. When any terms and condition of the contract is breached. b. When the bidder fails to make complete supply satisfactorily. c. if the bidder breaches any provision of code of integrity, prescribed for bidders, specified in the bidding document. f) Notice will be given to the bidder with reasonable time before PSD deposited is forfeited. g) No interest shall be payable on the PSD. 27) Execution of agreement a) A procurement contract shall come into force from the date on which the letter of acceptance or letter of intent is despatched to the bidder. b) The successful bidder shall sign the procurement contract within 15 days from the date on which the letter of acceptance or letter of intent is despatched to the successful bidder. c) If the bidder, who s Bid has been accepted, fails to sign a written procurement contract or fails to furnish the required performance security within specified period, the procuring entity shall take action against the successful bidder as per the provisions of the bidding document and Act. The procuring entity may, in such case, cancel the procurement process or if it deems fit, offer for acceptance the rates of lowest or most advantageous bidder to the next lowest or most advantageous bidder, in accordance with the criteria and procedures set out in the bidding document. d) The bidder will be required to execute the agreement on a non-judicial stamp of specified value at its cost and to be purchase from anywhere in Rajasthan only. 28) Confidentiality a) Notwithstanding anything contained in this bidding document but subject to the provisions of any other law for the time being in force providing for disclosure of information, a procuring entity shall not disclose any information if such disclosure, in its opinion, is likely to: - a. impede enforcement of any law; b. affect the security or strategic interests of India; c. affect the intellectual property rights or legitimate commercial interests of bidders; d. affect the legitimate commercial interests of the procuring entity in situations that may include when the procurement relates to a project in which the procuring entity is to make a competitive bid, or the intellectual property rights of the procuring entity. b) The procuring entity shall treat all communications with bidders related to the procurement process in such manner as to avoid their disclosure to competing bidders or to any other person not authorised to have access to such information. c) The procuring entity may impose on bidders and sub-contractors, if there are any for fulfilling the terms of the procurement contract, conditions aimed at protecting information, the disclosure of which violates (a) above. Page 43 of 122

44 d) In addition to the restrictions specified above, the procuring entity, while procuring a subject matter of such nature which requires the procuring entity to maintain confidentiality, may impose condition for protecting confidentiality of such information. 29) Cancellation of procurement process a) If any procurement process has been cancelled, it shall not be reopened but it shall not prevent the procuring entity from initiating a new procurement process for the same subject matter of procurement, if required. b) A procuring entity may, for reasons to be recorded in writing, cancel the process of procurement initiated by it - a. at any time prior to the acceptance of the successful Bid; or b. after the successful Bid is accepted in accordance with (d) and (e) below. c) The procuring entity shall not open any bids or proposals after taking a decision to cancel the procurement and shall return such unopened bids or proposals. d) The decision of the procuring entity to cancel the procurement and reasons for such decision shall be immediately communicated to all bidders that participated in the procurement process. e) If the bidder who s Bid has been accepted as successful fails to sign any written procurement contract as required, or fails to provide any required security for the performance of the contract, the procuring entity may cancel the procurement process. f) If a bidder is convicted of any offence under the Act, the procuring entity may: - a. cancel the relevant procurement process if the Bid of the convicted bidder has been declared as successful but no procurement contract has been entered into; b. rescind (cancel) the relevant contract or forfeit the payment of all or a part of the contract value if the procurement contract has been entered into between the procuring entity and the convicted bidder. 30) Code of Integrity for Bidders a) No person participating in a procurement process shall act in contravention of the code of integrity prescribed by the State Government. b) The code of integrity include provisions for: - a. Prohibiting i. any offer, solicitation or acceptance of any bribe, reward or gift or any material benefit, either directly or indirectly, in exchange for an unfair advantage in the procurement process or to otherwise influence the procurement process; ii. any omission, including a misrepresentation that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation; iii. any collusion, bid rigging or anti-competitive behaviour to impair the transparency, fairness and progress of the procurement process; iv. improper use of information shared between the procuring entity and the bidders with an intent to gain unfair advantage in the procurement process or for personal gain; v. any financial or business transactions between the bidder and any officer or employee of the procuring entity; Page 44 of 122

45 vi. any coercion including impairing or harming or threatening to do the same, directly or indirectly, to any party or to its property to influence the procurement process; vii. any obstruction of any investigation or audit of a procurement process; b. disclosure of conflict of interest; c. disclosure by the bidder of any previous transgressions with any entity in India or any other country during the last three years or of any debarment by any other procuring entity. c) Without prejudice to the provisions below, in case of any breach of the code of integrity by a bidder or prospective bidder, as the case may be, the procuring entity may take appropriate measures including: - a. exclusion of the bidder from the procurement process; b. calling-off of pre-contract negotiations and forfeiture or encashment of bid security; c. forfeiture or encashment of any other security or bond relating to the procurement; d. recovery of payments made by the procuring entity along with interest thereon at bank rate; e. cancellation of the relevant contract and recovery of compensation for loss incurred by the procuring entity; f. debarment of the bidder from participation in future procurements of the procuring entity for a period not exceeding three years. 31) Interference with Procurement Process A bidder, who: - a) withdraws from the procurement process after opening of financial bids; b) withdraws from the procurement process after being declared the successful bidder; c) fails to enter into procurement contract after being declared the successful bidder; d) fails to provide performance security or any other document or security required in terms of the bidding documents after being declared the successful bidder, without valid grounds, shall, in addition to the recourse available in the bidding document or the contract, be punished with fine which may extend to fifty lakh rupees or ten per cent of the assessed value of procurement, whichever is less. 32) Appeals a) Subject to Appeal not to lie in certain cases below, if any bidder or prospective bidder is aggrieved that any decision, action or omission of the procuring entity is in contravention to the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as may be designated by it for the purpose, within a period of 10 days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved: a. Provided that after the declaration of a bidder as successful in terms of Award of Contract, the appeal may be filed only by a bidder who has participated in procurement proceedings: b. Provided further that in case a procuring entity evaluates the technical Bid before the opening of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a bidder whose technical Bid is found to be acceptable. Page 45 of 122

46 b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal. c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section within the period specified in (c) above, or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as the case may be, may file a second appeal to an officer or authority designated by the State Government in this behalf within 15 days from the expiry of the period specified in (c) above or of the date of receipt of the order passed under (b) above, as the case may be. d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal: e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be : First Appellate Authority: Principal Secretary, IT&C, GoR Second Appellate Authority: Principal Secretary, Finance Department, GoR f) Form of Appeal: a. Every appeal under (a) and (c) above shall be as per Annexure-14 along with as many copies as there are respondents in the appeal. b. Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying the facts stated in the appeal and proof of payment of fee. c. Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorised representative. g) Fee for Appeal: Fee for filing appeal: a. Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable. b. The fee shall be paid in the form of bank demand draft or banker s cheque of a Scheduled Bank payable in the name of Appellate Authority concerned. h) Procedure for disposal of appeal: a. The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing. b. On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority, as the case may be, shall,- i. hear all the parties to appeal present before him; and ii. peruse or inspect documents, relevant records or copies thereof relating to the matter. c. After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost. Page 46 of 122

47 d. The order passed under (c) shall also be placed on the State Public Procurement Portal. i) No information which would impair the protection of essential security interests of India, or impede the enforcement of law or fair competition, or prejudice the legitimate commercial interests of the bidder or the procuring entity, shall be disclosed in a proceeding under an appeal. 33) Stay of procurement proceedings While hearing of an appeal, the officer or authority hearing the appeal may, on an application made in this behalf and after affording a reasonable opportunity of hearing to the parties concerned, stay the procurement proceedings pending disposal of the appeal, if he, or it, is satisfied that failure to do so is likely to lead to miscarriage of justice. 34) Vexatious Appeals & Complaints Whoever intentionally files any vexatious, frivolous or malicious appeal or complaint under the The Rajasthan Transparency Public Procurement Act 2012, with the intention of delaying or defeating any procurement or causing loss to any procuring entity or any other bidder, shall be punished with fine which may extend to twenty lakh rupees or five per cent of the value of procurement, whichever is less. 35) Offenses by Firms/ Companies a) Where an offence under The Rajasthan Transparency Public Procurement Act 2012 has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of having committed the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable for any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. b) Notwithstanding anything contained in (a) above, where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of having committed such offence and shall be liable to be proceeded against and punished accordingly. c) For the purpose of this sectiona. "company" means a body corporate and includes a limited liability partnership, firm, registered society or co- operative society, trust or other association of individuals; and b. "director" in relation to a limited liability partnership or firm, means a partner in the firm. d) Abetment of certain offenses: Whoever abets an offence punishable under this Act, whether or not that offence is committed in consequence of that abetment, shall be punished with the punishment provided for the offence. 36) Debarment from Bidding a) A bidder shall be debarred by the State Government if he has been convicted of an offence a. under the Prevention of Corruption Act, 1988 (Central Act No. 49 of 1988); or Page 47 of 122

48 b. under the Indian Penal Code, 1860 (Central Act No. 45 of 1860) or any other law for the time being in force, for causing any loss of life or property or causing a threat to public health as part of execution of a public procurement contract. b) A bidder debarred under (a) above shall not be eligible to participate in a procurement process of any procuring entity for a period not exceeding three years commencing from the date on which he was debarred. c) If a procuring entity finds that a bidder has breached the code of integrity prescribed in terms of Code of Integrity for bidders above, it may debar the bidder for a period not exceeding three years. d) Where the entire bid security or the entire performance security or any substitute thereof, as the case may be, of a bidder has been forfeited by a procuring entity in respect of any procurement process or procurement contract, the bidder may be debarred from participating in any procurement process undertaken by the procuring entity for a period not exceeding three years. e) The State Government or a procuring entity, as the case may be, shall not debar a bidder under this section unless such bidder has been given a reasonable opportunity of being heard. 37) Monitoring of Contract a) An officer or a committee of officers named Contract Monitoring Committee (CMC) may be nominated by procuring entity to monitor the progress of the contract during its delivery period. b) During the delivery period the CMC shall keep a watch on the progress of the contract and shall ensure that quantity of goods and service delivery is in proportion to the total delivery period given, if it is a severable contract, in which the delivery of the goods and service is to be obtained continuously or is batched. If the entire quantity of goods and service is to be delivered in the form of completed work or entire contract like fabrication work, the process of completion of work may be watched and inspections of the selected bidder s premises where the work is being completed may be inspected. c) If delay in delivery of goods and service is observed a performance notice would be given to the selected bidder to speed up the delivery. d) Any change in the constitution of the firm, etc. shall be notified forth with by the contractor in writing to the procuring entity and such change shall not relieve any former member of the firm, etc., from any liability under the contract. e) No new partner/ partners shall be accepted in the firm by the selected bidder in respect of the contract unless he/ they agree to abide by all its terms, conditions and deposits with the procuring entity through a written agreement to this effect. The bidder s receipt for acknowledgement or that of any partners subsequently accepted as above shall bind all of them and will be sufficient discharge for any of the purpose of the contract. f) The selected bidder shall not assign or sub-let his contract or any substantial part thereof to any other agency without the permission of procuring entity. Page 48 of 122

49 6. GENERAL TERMS AND CONDITIONS OF TENDER & CONTRACT Bidders should read these conditions carefully and comply strictly while sending their bids. Definitions For the purpose of clarity, the following words and expressions shall have the meanings hereby assigned to them: - a) Contract means the Agreement entered into between the Purchaser and the successful/ selected bidder, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein. b) Contract Documents means the documents listed in the Agreement, including any amendments thereto. c) Contract Price means the price payable to the successful/ selected bidder as specified in the Agreement, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract. d) Day means a calendar day. e) Delivery means the transfer of the Goods provided by the successful/ selected bidder to the Purchaser in accordance with the terms and conditions set forth in the Contract. f) Completion means the fulfilment of the Related services and Services given in the Scope of Work by the successful/ selected bidder in accordance with the terms and conditions set forth in the Contract. g) Goods means all of the commodities, raw material, machinery and equipment, and/or Software (including media) and other materials that the successful/ selected bidder is required to supply to the Purchaser under the Contract. h) Purchaser means the entity purchasing the Goods, related service and other services, as specified in the bidding document. i) Related Services means the services incidental to the supply of the goods, such as insurance, installation, training and initial maintenance and other similar obligations of the successful/ selected bidder under the Contract. j) Subcontractor means any natural person, private or government entity, or a combination of the above, including its legal successors or permitted assigns, to whom any part of the Goods to be supplied or execution of any part of the related services is subcontracted by the successful/ selected bidder. k) Supplier/ Successful or Selected bidder means the person, private or government entity, or a combination of the above, whose Bid to perform the Contract has been accepted by the Purchaser and is named as such in the Agreement, and includes the legal successors or permitted assigns of the successful/ selected bidder. l) The Site, where applicable, means the designated project place(s) named in the bidding document. Note: The bidder shall be deemed to have carefully examined the conditions, specifications, size, make and drawings, etc., of the goods to be supplied and related services to be rendered. If the bidder has any doubts as to the meaning of any portion of these conditions or of the specification, drawing, etc., he shall, before submitting the Bid and signing the contract refer the same to the procuring entity and get clarifications. 1) Contract Documents Subject to the order of precedence set forth in the Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. 2) Interpretation a) If the context so requires it, singular means plural and vice versa. b) Entire Agreement: The Contract constitutes the entire agreement between the Purchaser and the Supplier/ Selected bidder and supersedes all communications, negotiations and agreements (whether written or oral) of parties with respect thereto made prior to the date of Contract. Page 49 of 122

50 c) Amendment: No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto. d) Non-waiver: Subject to the condition (f) below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract. e) Any waiver of a party s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived. f) Severability: If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract. 3) Language a) The Contract as well as all correspondence and documents relating to the Contract exchanged by the successful/ selected bidder and the Purchaser, shall be written in English language only. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the special conditions of the contract, in which case, for purposes of interpretation of the Contract, this translation shall govern. b) The successful/ selected bidder shall bear all costs of translation to the governing language and all risks of the accuracy of such translation. 4) Eligible Goods and Related Services a) For purposes of this Clause, the term goods includes commodities, raw material, machinery, equipment, industrial plants, Software (including media); and related services includes services such as insurance, transportation, supply, installation, integration, testing, commissioning, training, and initial maintenance. b) All articles/ goods being bid, other than those marked in the Bill of Material (BoM) should be the ones which are used by a large number of users in India/ abroad. All products quoted by the successful/ selected bidder must be associated with relevant details, and names and with printed literature describing configuration and functionality. Any deviation from the printed specifications should be clearly mentioned in the offer document by the bidder/ supplier. Also, the bidder is to quote/ propose only one make/ model against the respective item. c) Bidder must quote products in accordance with above clause Eligible goods and related services. 5) Notices a) Any notice given by one party to the other pursuant to the Contract shall be in writing to the address specified in the contract. The term in writing means communicated in written form with proof of dispatch and receipt. b) A Notice shall be effective when delivered or on the Notice s effective date, whichever is later. 6) Governing Law The Contract shall be governed by and interpreted in accordance with the laws of the Rajasthan State/ the Country (India), unless otherwise specified in the contract. 7) Scope of Supply a) Subject to the provisions in the bidding document and contract, the goods and services to be supplied shall be as specified in the bidding document. b) Unless otherwise stipulated in the Contract, the scope of supply shall include all such items and services not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining delivery and completion of the goods, related services Page 50 of 122

51 and services specified in the scope of work as if such items were expressly mentioned in the Contract. 8) Delivery & Installation a) Subject to the conditions of the contract, the delivery of the goods, completion of the related service and other services specified in the scope of work shall be in accordance with the delivery and completion schedule specified in the bidding document. The details of supply/ shipping and other documents to be furnished by the successful/ selected bidder are specified in the bidding document and/ or contract. b) The contract for the supply can be repudiated at any time by the purchase officer, if the supplies are not made to his satisfaction after giving an opportunity to the bidder of being heard and recording the reasons for repudiation. c) The Supplier/ Selected Bidder shall arrange to supply, install and commission the ordered materials/ system as per specifications within the specified delivery/ completion period at various departments and/ or their offices/ locations mentioned in the PO/ WO. d) Shifting the place of Installation: The user will be free to shift the place of installation within the same city /town/ district/ division. The successful/ selected bidder shall provide all assistance, except transportation, in shifting of the equipment. However, if the city/town is changed, additional charges of assistance in shifting and providing maintenance services for remaining period would be decided mutually. 9) Supplier s/ Selected Bidder s Responsibilities The Supplier/ Selected Bidder shall supply all the goods and related services included in the scope of supply in accordance with the provisions of bidding document and/ or contract. 10) Purchaser s Responsibilities a) Whenever the supply of goods and related services requires that the Supplier/ Selected Bidder obtain permits, approvals, and import and other licenses from local public authorities, the Purchaser shall, if so required by the Supplier/ Selected Bidder, make its best effort to assist the Supplier/ Selected Bidder in complying with such requirements in a timely and expeditious manner. b) The Purchaser shall pay all costs involved in the performance of its responsibilities, in accordance with the general and special conditions of the contract. 11) Contract Price a) The Contract Price shall be paid as specified in the contract subject to any additions and adjustments thereto, or deductions there from, as may be made pursuant to the Contract. b) Prices charged by the Supplier/ Selected Bidder for the Goods delivered and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplier/ Selected Bidder in its bid, with the exception of any price adjustments authorized in the special conditions of the contract. 12) Recoveries from Supplier/ Selected Bidder a) Recovery of liquidated damages, short supply, breakage, rejected articles shall be made ordinarily from bills. b) The Purchase Officer shall withhold amount to the extent of short supply, broken/ damaged or for rejected articles unless these are replaced satisfactorily. In case of failure to withhold the amount, it shall be recovered from his dues and performance security deposit available with. c) The balance, if any, shall be demanded from the Supplier/ Selected Bidder and when recovery is not possible, the Purchase Officer shall take recourse to law in force. 13) Taxes & Duties a) The TDS, Raj-VAT, Service Tax etc., if applicable, shall be deducted at source/ paid by as per prevailing rates. Page 51 of 122

52 b) For goods supplied from outside India, the successful/ selected bidder shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the country. c) For goods supplied from within India, the successful/ selected bidder shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted Goods to the Purchaser. d) If any tax exemptions, reductions, allowances or privileges may be available to the successful/ selected bidder in India, the Purchaser shall use its best efforts to enable the successful/ selected bidder to benefit from any such tax savings to the maximum allowable extent. 14) Copyright The copyright in all drawings, design documents, source code and other materials containing data and information furnished to the Purchaser by the Supplier/ Selected Bidder herein shall remain vested in the supplier, or, if they are furnished to the Purchaser directly or through the Supplier/ Selected Bidder by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party. 15) Confidential Information a) The Purchaser and the Supplier/ Selected Bidder shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party any drawings, documents, data, or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract. b) The Supplier/ Selected Bidder may furnish to its Subcontractor, if permitted, such documents, data, and other information it receives from the Purchaser to the extent required for the Subcontractor to perform its work under the Contract, in which event the Supplier/ Selected Bidder shall obtain from such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier/ Selected Bidder. c) The Purchaser shall not use such documents, data, and other information received from the Supplier/ Selected Bidder for any purposes unrelated to the Contract. Similarly, the Supplier/ Selected Bidder shall not use such documents, data, and other information received from the Purchaser for any purpose other than the design, procurement, or other work and services required for the performance of the Contract. d) The obligation of a party under sub-clauses above, however, shall not apply to information that: - i. the Purchaser or Supplier/ Selected Bidder need to share with or other institutions participating in the Contract; ii. now or hereafter enters the public domain through no fault of that party; iii. can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or iv. otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality. e) The above provisions shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the supply or any part thereof. f) The provisions of this clause shall survive completion or termination, for whatever reason, of the Contract. 16) Sub-contracting a) The bidder shall not assign or sub-let his contract or any substantial part thereof to any other agency. 17) Specifications and Standards a) All articles/ software supplied shall strictly conform to the specifications, trademark laid down in the bidding document and wherever articles have been required according to ISI/ ISO/ other Page 52 of 122

53 applicable specifications/ certifications/ standards, those articles should conform strictly to those specifications/ certifications/ standards. The supply shall be of best quality and description. The decision of the competent authority/ purchase committee whether the article supplied conforms to the specifications shall be final and binding on the supplier/ selected bidder. b) Technical Specifications and Drawings i. The Supplier/ Selected Bidder shall ensure that the goods and related services comply with the technical specifications and other provisions of the Contract. ii. The Supplier/ Selected Bidder shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser. iii. The goods and related services supplied under this Contract shall conform to the standards mentioned in bidding document and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the country of origin of the Goods. c) Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the bidding document. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Purchaser and shall be treated in accordance with the general conditions of the contract. d) The supplier/ selected bidder must certify that all the goods are new, unused, and of the agreed make and models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract. e) The supplier/ selected bidder should further warrant that the Goods shall be free from defects arising from any act or omission of the supplier/ selected bidder or arising from design, materials, and workmanship, under normal use in the conditions prevailing in the place of final destination. 18) Packing and Documents a) The Supplier/ Selected Bidder shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. During transit, the packing shall be sufficient to withstand, without limitation, rough handling and exposure to extreme temperatures, salt and precipitation, and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the final destination of the Goods and the absence of heavy handling facilities at all points in transit. b) The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in the contract, and in any other instructions ordered by the Purchaser. 19) Insurance a) The Goods supplied under the Contract shall be fully insured against loss by theft, destruction or damage incidental to manufacture or acquisition, transportation, storage, fire, flood, under exposure to weather and delivery at the designated project locations, in accordance with the applicable terms. The insurance charges will be borne by the supplier and Purchaser will not be required to pay such charges if incurred. b) The goods will be delivered at the FOR destination in perfect condition. 20) Transportation a) The supplier/ selected bidder shall be responsible for transport by sea, rail and road or air and delivery of the material in the good condition to the consignee at destination. In the event of any loss, damage, breakage or leakage or any shortage the bidder shall be liable to make good such loss and shortage found at the checking/ inspection of the material by the consignee. No extra cost on such account shall be admissible. Page 53 of 122

54 b) All goods must be sent freight paid through Railways or goods transport. If goods are sent freight to pay, the freight together with departmental of the freight will be recovered from the supplier s/ selected bidder s bill. 21) Inspection a) The Purchase Officer or his duly authorized representative shall at all reasonable time have access to the supplier s/ selected bidder s premises and shall have the power at all reasonable time to inspect and examine the materials and workmanship of the goods/ equipment/ machineries during manufacturing process or afterwards as may be decided. b) The supplier/ selected bidder shall furnish complete address of the premises of his factory, office, go-down and workshop where inspection can be made together with name and address of the person who is to be contacted for the purpose. c) After successful inspection, it will be supplier s/ selected bidder s responsibility to dispatch and install the equipment at respective locations without any financial liability to the Purchaser. However, supplies when received at respective locations shall be subject to inspection to ensure whether they conform to the specification. 22) Samples a) When notified by the Purchaser to the supplier/ bidder/ selected bidder, Bids for articles/ goods marked in the BoM shall be accompanied by four sets of samples of the articles quoted properly packed. Such samples if submitted personally will be received in the office. A receipt will be given for each sample by the officer receiving the samples. Samples if sent by train, etc., should be despatched freight paid and the R/R or G.R. should be sent under a separate registered cover. Samples for catering/ food items should be given in a plastic box or in polythene bags at the cost of the bidder. b) Each sample shall be marked suitably either by written on the sample or on a slip of durable paper securely fastened to the sample, the name of the bidder and serial number of the item, of which it is a sample in the schedule. c) Approved samples would be retained free of cost upto the period of six months after the expiry of the contract. shall not be responsible for any damage, wear and tear or loss during testing, examination, etc., during the period these samples are retained. The Samples shall be collected by the supplier/ bidder/ selected bidder on the expiry of stipulated period. shall in no way make arrangements to return the samples. The samples uncollected within 9 months after expiry of contract shall be forfeited by and no claim for their cost, etc., shall be entertained. d) Samples not approved shall be collected by the unsuccessful bidder. will not be responsible for any damage, wear and tear, or loss during testing, examination, etc., during the period these samples are retained. The uncollected samples shall be forfeited and no claim for their cost, etc., shall be entertained. e) Supplies when received may be subject to inspection to ensure whether they conform to the specifications or with the approved samples. Where necessary or prescribed or practical, tests shall be carried out in Government laboratories, reputed testing house like STQC (ETDC) and the like and the supplies will be accepted only when the articles conform to the standard of prescribed specifications as a result of such tests. f) The supplier/ selected bidder shall at its own expense and at no cost to the Purchaser carry out all such tests and/ or inspections of the Goods and Related Services as are specified in the bidding document. 23) Drawl of Samples In case of tests, wherever feasible, samples shall be drawn in four sets in the presence of supplier/ bidder/ selected bidder or his authorised representative and properly sealed in their presence. Once such set shall be given to them, one or two will be sent to the laboratories and/ or testing house and the third or fourth will be retained in the office for reference and record. Page 54 of 122

55 24) Testing charges Testing charges shall be borne by the Government. In case, test results showing that supplies are not upto the prescribed standards or specifications, the testing charges shall be payable by the selected bidder. 25) Rejection a) Articles not approved during inspection or testing shall be rejected and will have to be replaced by the selected bidder at his own cost within the time fixed by the Purchase Officer. b) If, however, due to exigencies of, such replacement either in whole or in part, is not considered feasible, the Purchase Officer after giving an opportunity to the selected bidder of being heard shall for reasons to be recorded, deduct a suitable amount from the approved rates. The deduction so made shall be final. c) The rejected articles shall be removed by the supplier/ bidder/ selected bidder within 15 days of intimation of rejection, after which Purchase Officer shall not be responsible for any loss, shortage or damage and shall have the right to dispose of such articles as he thinks fit, at the selected bidder s risk and on his account. 26) Extension in Delivery Period and Liquidated Damages (LD) a) Except as provided under clause Force Majeure, if the supplier/ selected bidder fails to deliver any or all of the Goods or perform the Related Services or services specified in the Scope of work within the period specified in the Contract, the Purchaser may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in (d) below for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the percentage specified in the bidding document and/ or contract. Once the maximum is reached, the Purchaser may terminate the Contract pursuant to clause Termination. b) The time specified for delivery in the bidding document shall be deemed to be the essence of the contract and the supplier/ selected bidder shall arrange goods supply and related services within the specified period. c) Delivery and installation/ completion period may be extended with or without liquidated damages, if the delay in the supply of goods or service is on account of hindrances beyond the control of the supplier/ selected bidder. i. The supplier/ selected bidder shall request in writing to the Purchaser giving reasons for extending the delivery period of service, if he finds himself unable to complete the supply of goods or service within the stipulated delivery period or is unable to maintain prorate progress in the supply of goods or service delivery. This request shall be submitted as soon as a hindrance in delivery of goods and service occurs or within 15 days from such occurrence but before expiry of stipulated period of completion of delivery of goods and service after which such request shall not be entertained. ii. The Purchaser shall examine the justification of causes of hindrance in the delivery of goods and service and the period of delay occurred due to that and recommend the competent authority on the period of extension which should be granted with or without liquidated damages. iii. Normally, extension in delivery period of goods and service in following circumstances may be considered without liquidated damages: a. When delay has occurred due to delay in supply of drawings, designs, plans etc. if the was required to supply them to the supplier of goods or service provider as per terms of the contract. b. When delay has occurred in supply of materials etc. if these were required to be supplied to the supplier or service provider by the as per terms of the contract. iv. If the competent authority agrees to extend the delivery period/ schedule, an amendment to the contract with suitable denial clauses and with or without liquidated damages, as the case may be, shall be issued. The amendment letter shall mention that no extra price or additional Page 55 of 122

56 cost for any reason, what so ever beyond the contracted cost shall be paid for the delayed supply of goods and service. v. It shall be at the discretion of the concerned authority to accept or not to accept the supply of goods and/ or services rendered by the contractor after the expiry of the stipulated delivery period, if no formal extension in delivery period has been applied and granted. The competent authority shall have right to cancel the contract with respect to undelivered goods and/ or service. vi. If is in need of the good and/ or service rendered after expiry of the stipulated delivery period, it may accept the services and issue a letter of extension in delivery period with usual liquidated damages and denial clauses to regularize the transaction. d) In case of extension in the delivery and/ or installation/ completion/ commissioning period is granted with full liquidated damages, the recovery shall be made on the basis of following percentages of value of goods and/ or service which the supplier/ selected bidder has failed to supply/ install/ complete : - Sr. No. Condition LD %* Delay up to one fourth period of the prescribed period of delivery, a. 2.5 % successful installation and completion of work Delay exceeding one fourth but not exceeding half of the prescribed b. 5.0 % period of delivery, successful installation and completion of work Delay exceeding half but not exceeding three fourth of the prescribed c. 7.5 % period of delivery, successful installation and completion of work Delay exceeding three fourth of the prescribed period of delivery, d % successful installation and completion of work i. Fraction of a day in reckoning period of delay in supplies, successful installation and completion of work shall be eliminated, if it is less than half a day. ii. The maximum amount of liquidated damages shall be 10% of the contract value. iii. *The percentage refers to the payment due for the associated works/ goods/ service. 27) Authenticity of Equipment a) The selected bidder shall certify (as per Annexure-9) that the supplied goods are brand new, genuine/ authentic, not refurbished, conform to the description and quality as specified in this bidding document and are free from defects in material, workmanship and service. b) If during the contract period, the said goods be discovered counterfeit/ unauthentic or not to conform to the description and quality aforesaid or have determined (and the decision of the Purchase Officer in that behalf will be final and conclusive), notwithstanding the fact that the purchaser may have inspected and/ or approved the said goods, the purchaser will be entitled to reject the said goods or such portion thereof as may be discovered not to conform to the said description and quality, on such rejection the goods will be at the selected bidder s risk and all the provisions relating to rejection of goods etc., shall apply. The selected bidder shall, if so called upon to do, replace the goods etc., or such portion thereof as is rejected by Purchase Officer, otherwise the selected bidder shall pay such damage as may arise by the reason of the breach of the condition herein contained. Nothing herein contained shall prejudice any other right of the Purchase Officer in that behalf under this contract or otherwise. c) Goods accepted by the purchaser in terms of the contract shall in no way dilute purchaser s right to reject the same later, if found deficient in terms of the this clause of the contract. 28) Warranty a) The bidder must supply all items with OEM Technical support for patches, updates and upgrades for the period as quoted by the bidder in technical/financial bid for Complete cloud solution as specified in the Annexure-1 (BoM) after the goods, or any portion thereof as the case may be, have been delivered to, installed and accepted at the final destination(s) indicated in the bidding Page 56 of 122

57 document. However, if delay of installation is more than a month s time due to the reasons ascribed to the bidder, the warranty shall start from the date of last successful installation of the items covered under the PO. b) At the time of goods delivery, the selected bidder shall submit a certificate/ undertaking from all the respective OEMs mentioning the fact that the goods supplied are covered under comprehensive warranty & support for the prescribed period. c) The purchaser shall give a written notice to the selected bidder stating the nature of any defect together with all available evidence thereof, promptly following the discovery thereof. The purchaser shall afford all reasonable opportunity for the selected bidder to inspect such defects. Upon receipt of such notice, the selected bidder shall expeditiously cause to repair the defective goods or parts thereof or replace the defective goods or parts thereof with brand new genuine/ authentic ones having similar or higher specifications from the respective OEM, at no cost to the Purchaser. Any goods repaired or replaced by the selected bidder shall be delivered at the respective location without any additional costs to the purchaser. d) If having been notified, the selected bidder fails to remedy the defect within the period specified, the purchaser may proceed to take within a reasonable period such remedial action as may be necessary, in addition to other recourses available in terms and conditions of the contract and bidding document. e) During the warranty period, the bidder shall also be responsible to ensure adequate and timely availability of spare parts needed for repairing the supplied goods. f) The warranty on supplied software media, if any, should be at least 90 days. 29) Patent Indemnity a) The supplier/ selected bidder shall, subject to the Purchaser s compliance with sub-clause (b) below, indemnify and hold harmless the Purchaser and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney s fees and expenses, which the Purchaser may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of: - i. the installation of the Goods by the supplier/ selected bidder or the use of the Goods in the country where the Site is located; and ii. the sale in any country of the products produced by the Goods. Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the supplier/ selected bidder, pursuant to the Contract. b) If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to above, the Purchaser shall promptly give the supplier/ selected bidder a notice thereof, and the supplier/ selected bidder may at its own expense and in the Purchaser s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. c) If the supplier/ selected bidder fails to notify the Purchaser within thirty (30) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free to conduct the same on its own behalf. d) The Purchaser shall, at the supplier s/ selected bidder s request, afford all available assistance to the supplier/ selected bidder in conducting such proceedings or claim, and shall be reimbursed by the supplier/ selected bidder for all reasonable expenses incurred in so doing. e) The Purchaser shall indemnify and hold harmless the supplier/ selected bidder and its employees, officers, and Subcontractors (if any) from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney s fees and expenses, which the supplier/ selected bidder may suffer as Page 57 of 122

58 a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Purchaser. 30) Limitation of Liability Except in cases of gross negligence or wilful misconduct: - a) neither party shall be liable to the other party for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier/ selected bidder to pay liquidated damages to the Purchaser; and b) the aggregate liability of the supplier/ selected bidder to the Purchaser, whether under the Contract, in tort, or otherwise, shall not exceed the amount specified in the Contract, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier/ selected bidder to indemnify the Purchaser with respect to patent infringement. 31) Force Majeure a) The supplier/ selected bidder shall not be liable for forfeiture of its PSD, LD, or termination for default if and to the extent that it s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. b) For purposes of this Clause, Force Majeure means an event or situation beyond the control of the supplier/ selected bidder that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the supplier/ selected bidder. Such events may include, but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. c) If a Force Majeure situation arises, the supplier/ selected bidder shall promptly notify the in writing of such conditions and cause thereof within 15 days of occurrence of such event. Unless otherwise directed by, the supplier/ selected bidder shall continue to perform its obligations under the contract as far as reasonably practical. d) If the performance in whole or part or any obligation under the contract is prevented or delayed by any reason of Force Majeure for a period exceeding 60 days, either party at its option may terminate the contract without any financial repercussion on either side. e) In case a Force Majeure situation occurs with, may take the case with the supplier/ selected bidder on similar lines. 32) Change Orders and Contract Amendments The SI agrees that the Data Centre Cloud Enablement requirements given in Functional Requirement Specifications (FRS) of this RFP are minimum requirements and are in no way exhaustive and guaranteed by the State. It shall be the responsibility of the SI to meet all the requirements upward revisions and/or additions of quantities, specifications, sizes given in Specifications etc. required to be made during commissioning of Cloud Enablement components shall not constitute a change order and shall be carried out without a change order and shall be carried out without any time and cost effect to State. Any upward revision and/or additions consequent to errors, omissions, ambiguities, discrepancies in the specification which the SI had not brought out to the State notice in his tender shall not constitute a change order and such upward revisions and/or addition shall be carried out by SI without any time and cost effect to State. The change order will be initiated only in case- the State directs in writing the SI to include any addition to the Scope of Work covered under this Contract or delete any part of the scope of the work under the Contract SI requests to delete any part of the work which will not adversely affect the operational capabilities of the facilities and if the deletions proposed are agreed to by the State and for which cost and time benefits shall be passed on to the State Page 58 of 122

59 State directs in writing the SI to incorporate changes or additions to the Design Criteria requirements already covered in the Contract Any change order comprising an alteration which involves change in the cost of the works (which sort of alteration is hereinafter called a Variation ) shall be the Subject of an amendment to the Contract by way of an increase or decrease in the Contract Price and adjustment of the implementation schedule, if any Procedures for Change Order- During detailed Engineering and subsequently if the SI observes that any new requirement which other than that required for meeting the design criteria is not specific or intended by the Contract has been stipulated by the State, while approving the specifications, calculations, purchase requisitions, other documents etc. he would verbally discuss the matter with State s Representative In case such requirement arises from the side of the SI, he would also verbally discuss the matter with State s Representative giving reasons thereof In either of the two cases as explained in the above two Clauses, the representatives of both the parties will discuss on the new requirement for better understanding and to mutually decide whether such requirement constitutes a change order or not If it is mutually agreed that such Requirement constitutes a Change Order then a joint memorandum will be prepared and signed by the SI and State to confirm a Change Order and basic ideas of necessary agreed arrangement Upon completion of the study referred to above Clause, the results of this study along with all relevant details including the estimated time and cost effect thereof with supporting documents would be submitted to the State to enable the State to give a final decision whether SI shall proceed with the change order or not in the best interest of the works. The estimated cost and time impact indicated by SI shall be considered as a ceiling limit and shall be provisionally considered for taking a decision to implement change order. The time impact applicable to the Contract shall be mutually agreed, subsequently, on the basis of the detailed calculations supported with all relevant back up documents. In case SI fails to submit all necessary substantiation/calculations and back up documents, the decision of the State regarding time and cost impact shall be final and binding on the SI If STATE accepts the implementation of the change order under Clause mentioned above in writing, which would be considered as change order then SI shall commence to proceed with the relevant work stipulated in the change order pending final agreement between the parties with regard to adjustment of the Contract Price and the Construction Schedule Conditions for extra work/change order- The provisions of the Contract shall apply to extra work performed as if the Extra work / Change order has been included in the original Scope of work. However, the Contract Price shall increase / decrease and the Time Schedule shall be adjusted on account of the Extra work / Change orders as may be mutually agreed. The SI s obligations with respect to such work remain in accordance with the Contract. Page 59 of 122

60 33) Termination a) Termination for Default i. The tender sanctioning authority of may, without prejudice to any other remedy for breach of contract, by a written notice of default of at least 30 days sent to the supplier/ selected bidder, terminate the contract in whole or in part: - a. If the supplier/ selected bidder fails to deliver any or all quantities of the service within the time period specified in the contract, or any extension thereof granted by ; or b. If the supplier/ selected bidder fails to perform any other obligation under the contract within the specified period of delivery of service or any extension granted thereof; or c. If the supplier/ selected bidder, in the judgement of the Purchaser, is found to be engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the contract. d. If the supplier/ selected bidder commits breach of any condition of the contract. ii. If terminates the contract in whole or in part, amount of PSD may be forfeited. iii. Before cancelling a contract and taking further action, advice of senior most finance person available in the office and of legal adviser or legal assistant posted in the office, if there is one, may be obtained. b) Termination for Insolvency may at any time terminate the Contract by giving a written notice of at least 30 days to the supplier/ selected bidder, if the supplier/ selected bidder becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to the supplier/ selected bidder, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to. c) Termination for Convenience i., by a written notice of at least 30 days sent to the supplier/ selected bidder, may terminate the Contract, in whole or in part, at any time for its convenience. The Notice of termination shall specify that termination is for the Purchaser s convenience, the extent to which performance of the supplier/ selected bidder under the Contract is terminated, and the date upon which such termination becomes effective. ii. Depending on merits of the case the supplier/ selected bidder may be appropriately compensated on mutually agreed terms for the loss incurred by the contract if any due to such termination. iii. The Goods that are complete and ready for shipment within twenty-eight (28) days after the supplier s/ selected bidder s receipt of the Notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect: a. To have any portion completed and delivered at the Contract terms and prices; and/or b. To cancel the remainder and pay to the supplier/ selected bidder an agreed amount for partially completed Goods and Related Services and for materials and parts previously procured by the supplier/ selected bidder. 34) Settlement of Disputes a) General: If any dispute arises between the supplier/ selected bidder and during the execution of a contract that should be amicably settled by mutual discussions. However, if the dispute is not settled by mutual discussions, a written representation will be obtained from the supplier/ selected bidder on the points of dispute. The representation so received shall be examined by the concerned Procurement Committee which sanctioned the tender. The Procurement Committee may take legal advice of a counsel and then examine the representation. The supplier/ selected bidder will also be given an opportunity of being heard. The Committee will take a decision on the representation and convey it in writing to the supplier/ selected bidder. Page 60 of 122

61 b) Standing Committee for Settlement of Disputes: If a question, difference or objection arises in connection with or out of the contract/ agreement or the meaning of operation of any part, thereof or the rights, duties or liabilities of either party have not been settled by mutual discussions or the decision of tender sanctioning Procurement Committee, it shall be referred to the empowered standing committee for decision, if the amount of the claim is more than Rs. 50,000/-. The empowered standing committee shall consist of following members: - () Chairman of BoD of : Chairman Secretary, DoIT&C or his nominee, not below the rank of Deputy Secretary : Member Managing Director, : Member Director (Technical)/ Executive Director, : Member Director (Finance), : Member A Legal Expert to be nominated by the Chairman : Member c) Procedure for reference to the Standing Committee: The supplier/ selected bidder shall present his representation to the Managing Director, along with a fee equal to two percent of the amount of dispute, not exceeding Rupees One Lakh, within one month from the date of communication of decision of the tender sanctioning Procurement Committee. The officer-incharge of the project who was responsible for taking delivery of the goods and/ or service from the supplier/ selected bidder shall prepare a reply of representation and shall represent the s stand before the standing committee. From the side of the supplier/ selected bidder, the claim case may be presented by himself or through a lawyer. After hearing both the parties, the standing committee shall announce its decision which shall be final and binding both on the supplier/ selected bidder and. The standing committee, if it so decides, may refer the matter to the Board of Directors of for further decision. d) Legal Jurisdiction: All legal proceedings arising out of any dispute between both the parties regarding a contract shall be settled by a competent court having jurisdiction over the place, where agreement has been executed and by no other court, after decision of the standing committee for settlement of disputes. Page 61 of 122

62 7. SPECIAL TERMS AND CONDITIONS OF TENDER & CONTRACT 1. Payment Terms and Schedule The fee amount will be equal to the amount specified in Annexure 11: Financial Bid cover letter and Format Payments will be released only on satisfactory acceptance of the deliverables for each Task as per the following schedule: a. CAPEX Payment Schedule S. Project Activity/ No. Scope of Work Team 1. 2Mobilization,. Preparation of Project Plan, Kick-off meeting etc. and Completion of activities mentioned in section of the scope of work Completion of 2. 3scope of work of. section of the scope of work Activity Detailed Project Plan,kick-off meeting and Final Acceptance Testing of deployed solution Operation and Maintenance Basic Services (As per section ) Help Desk Services (As per section ) Server Monitoring, Administratio n (As per section ) Deliverables (Reports/ Docs./ Infra.) Detailed Project Plan with manpower resource details Minutes of Meeting Organization chart showing the proposed organization/ manpower including the identities and Curriculum-Vitae of the key personnel to be deployed Delivery reports for all software Installation and Commissioning reports of components and solution FAT document (including Plan, procedures, and report) Standard Operating Procedures (SOP) Exit Management Plan SLA Measurement Methodology Training material Training completion certificate from user Date wise detailed and MIS reports of corrective maintenance services provided during the quarter Detailed SLA compliance report and logs Server Administration and management services: o Updates/upgrades, patches history report o Server uptime report along with logs Backup and Exception report along with Payable Amount 10% of CAPEX 30% of CAPEX 30% of CAPEX Balance 30% CAPEX will be amortized for the period of the project and shall be paid to the SI in equated quarterly amount of balance OPEX shall be paid to the SI in equated quarterly amount of OPEX at the end of respective quarter upon submission of invoice/ bills Page 62 of 122

63 S. No. Project Activity/ Scope of Work Activity restore services (As per section ) MIS reports (As per section ) Deliverables Payable Amount (Reports/ Docs./ Infra.) related logs along with acceptance of deliverables. Reports submission chart for all reports as mentioned in SoW and additional reports as desired by the purchaser b. OPEX Payment Schedule The Total amount of the OPEX shall be paid in Agreed Quarterly Payment to the SI, and will be calculated based on the period of the project The amount of the Agreed Quarterly Payment will be in-line with the SLA parameters as defined in the RFP, and the applicable penalties shall be deducted from the Agreed Quarterly Payment. a) The supplier s/ selected bidder s request for payment shall be made to the purchaser in writing, accompanied by invoices describing, as appropriate, the goods delivered and related services performed, and by the required documents submitted pursuant to general conditions of the contract and upon fulfilment of all the obligations stipulated in the Contract. b) Due payments shall be made promptly by the purchaser, generally within sixty (60) days after submission of an invoice or request for payment by the supplier/ selected bidder, and the purchaser has accepted it. c) The currency or currencies in which payments shall be made to the supplier/ selected bidder under this Contract shall be Indian Rupees (INR) only. d) All remittance charges will be borne by the supplier/ selected bidder. e) In case of disputed items, the disputed amount shall be withheld and will be paid only after settlement of the dispute. f) Payment in case of those goods which need testing shall be made only when such tests have been carried out, test results received conforming to the prescribed specification. g) Any penalties/ liquidated damages, as applicable, for delay and non-performance, as mentioned in this bidding document, will be deducted from the payments for the respective milestones. h) Taxes, as applicable, will be deducted/ paid as per the prevalent rules and regulations. 2. Service Level Standards/ Requirements/ Agreement The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to clearly define the levels of service which shall be expected from the Cloud Solution provider (hereinafter referred to as SI) towards the State during the implementation and its subsequent support for the project period 2.1. Definitions For the purpose of this SLA, the definitions and terms as specified in the contract along with the following terms shall have the meanings set forth below: 1. Incident refers to any event / abnormalities in the functioning of the Cloud Enablement components in State Data Centre / specified services that may lead to disruption in normal operations of the Cloud based services Page 63 of 122

64 2. Support" shall mean the 24x7 support which shall handle patch updates, upgrades Fault Reporting, Trouble Ticketing, and resolution of related enquiries during this contract. Interactive remote diagnostic support shall also be there, allowing technical support engineers to troubleshoot an incident securely through a browser-based remote control feature. 3. Availability shall mean the time for which the services offered are available for conducting operations from the equipment / solution hosted on Cloud. Availability percentage is measured as Availability %age = {(Agreed Service Time Down Time)/ (Agreed Service time)*(100%) 4. Scheduled Maintenance Time / Scheduled downtime shall mean the time that the System is not in service due to a scheduled work. Scheduled maintenance time is planned downtime with the prior permission of the designated SDC operator. 5. Scheduled operation time means the scheduled operating hours of the System for the month. All scheduled maintenance time on the system would be deducted from the total operation time for the month to give the scheduled operation time. The total operation time for the systems and applications hosted on cloud will be 24x7x365. Downtime means accumulated time during which the System is totally inoperable within the Scheduled Operation Time but outside the scheduled maintenance time. 6. Subsystem Downtime shall mean the downtime observed in major components of the cloud infrastructure. E.g. in Cloud Network or Virtualization Layer or Storage, Virtual Operating Systems etc. will be the major components in cloud solution. The amount (%) that the sub-system contributes to the mission of the Total System Total System Downtime shall be defined as the sum of the downtimes of each functional sub-system in as much as that sub-system contributes to the mission of the Total System. The average downtime of the all subsystems will be calculated by following formula: Subsystem Downtime= (Downtime Subsystem A + Downtime Subsystem B + Downtime Subsystem N) / Total Subsystems. 7. Response time is defined as the time between receipt of the incident by support team and its logging / generation of ticket on the system 8. Resolution Time shall mean the time taken (after the incident has been reported to the support team) till resolution. The severity parameters have been defined below: The severity would be as follows: a. Critical: In case VMs on the physical server are not accessible and not working and Multiple Clients are affected) which is attributable to the Cloud Solution implemented by the SI, it shall be considered as a Critical incident. b. High: In case VMs on physical server are not accessible/not working (few clients are affected) which is attributable to the cloud solution implemented by SI. c. Medium: In case an essential functionality of the Cloud solution (like VM availability) becomes unavailable in the Live SDC environment which is not actually hampering the live services of the Cloud but may impact the services if not attended immediately will be termed as medium. d. Low: The incidents would be termed as low, which does not have any significant impact on the Cloud service delivery (little or no impact on business entity), e.g.: i. A minor problem or question that does not affect the software function, ii. An error in software product Documentation that has no significant effect on operations; or iii. A suggestion for new features or software product enhancement. Page 64 of 122

65 2.2. Planned Downtime Planned downtime shall mean any time when the Cloud based services from the Rajasthan State Data Centre are unavailable because of Urgent Maintenance activities and any other scheduled maintenance or upgrade activities that may or may not be periodic. The planned downtime must be notified to the State at least 48 hours in advance. Urgent Maintenance activities are maintenance activities required by application or systems that cannot be postponed until the next available or convenient maintenance window, and may include but not limited to restarting applications, rebooting servers, applying patches or fixes, reconfiguring, reloading data etc Service Levels This SLA document provides for minimum level of services required as per contractual obligations based on performance indicators and measurements thereof. The SI shall ensure provisioning of all required services, while monitoring the performance of the same, to effectively comply with the performance levels mentioned below. The services provided by the SI shall be reviewed by the State, which will: Regularly check performance of the SI against this SLA Discuss escalated problems, new issues and matters still outstanding for resolution Review statistics related to rectification of outstanding faults and agreed changes Obtain suggestions for changes to improve the service levels The SLAs have been logically segregated in the following categories: 1. Implementation Service Related Levels 2. Helpdesk Service Related Levels 3. Compliance and Reporting Service Levels 4. IT Infrastructure Related Service Levels 5. Cloud Services Related Service Levels The targets shown in the following tables are mapped with the requirements specified for Cloud Enablement components for State Data Centre, as a part of support for the Cloud infrastructure; it is the responsibility of the SI to maintain the same SLAs with the OEM for their support and maintenance which can be extended to the State. Table 1: Implémentation Service Levels S. No. Service Category Target Penalty 1. Team Mobilization, Preparation of Project Plan, Kick-off meeting etc. One week from the date of release of Letter of Intent (LoI) After 1 week of release of LoI if the Team is not deployed by the SI > Letter of Warning Page 65 of 122

66 2. Supply, Installation and Commissioning 3. Final Acceptance Test (FAT) 12 weeks from the date of signing of contract 2 weeks from the commencement completion of commissioning Penalties will be applicable after 12 weeks, if the work is still not completed. (Work completion shall be considered on the date of submission of all documents, and submission of all applicable reports as mentioned in the Contract) A penalty of 1% per week for first two weeks, 2% per week for every subsequent week subject to a maximum of 10%. Penalty will be computed on the final CAPEX value of contract between State and SI. Penalties applicable after 2 weeks from the completion of commissioning. (Work completion shall be considered on the date of submission of all documents, and submission of all applicable reports as mentioned in the Contract) A penalty of 1% per week for first two weeks, 2% per week for every subsequent week subject to a maximum of 100%. Penalty will be computed on the final CAPEX value of contract between State and SI. System Integration Services include, but not limit to, the following: Team Mobilization for the commencement of the work Before the initialization of the work a complete schedule will be provided by the Bidder to the State as the Project Plan Weekly track report would be given to the State by end of every week for acknowledgement and review Delivery of all the Software on time which are part of Scope of Work Installation & Commissioning of all the components Installation report needs to be checked and passed by the State All the documents, manuals & CDs need to be made available to the State Licenses, Service Support documents will be checked and cleared by the State Component-wise installation, commissioning & testing schedule shall be made available to the State, by which periodic tracking of all the components can be done Quality control document for installation and commissioning shall be prepared by SI and verified by the State before installation kickoff Complete Load testing of all the equipment s on which cloud solution is installed would be done by SI in presence of appointed concerned authority of the State as per the Data Sheet Final Acceptance Test (FAT) of the Cloud Enablement components as a whole which will also include running at least 1 application in the virtual environment at the SDC Training schedule to be submitted two weeks prior to the start of Training and approved by the State after signing the contract Page 66 of 122

67 Handover of the solution to the State, operating and maintaining it for a project period Help Desk Services Levels Time in which a complaint / query is resolved after it has been responded to by the IT service management. Table 2: Help Desk Services related SLA Severity of Incident Resolution time Penalty Critical T = 1 hr No Penalty T1 = T+2 hours, if the resolution time is between T and T1 T2 = T1+2, if the resolution time is between T1 and T2 0.5% of the Agreed Quarterly Payment for every unresolved call 1% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment > T2 2% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment High T3 = T hrs No Penalty T4 = T hrs, if the resolution time is between T3 and T4 T5 = T hrs If the resolution time is between T5 and T4 0.5% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment 1% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment > T5 2% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment Medium 2 hours from time of incident logged. No Penalty Page 67 of 122

68 > 2 Hours and 4 Hours 0.1% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment > 4 Hours 0.5% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment Low 1 day from the time of incident logged at the help desk No penalty > 1 day and 10 days 0.5% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment > 10 days 1% of the Agreed Quarterly Payment for every unresolved call, up to 10% of Agreed Quarterly Payment Note: The Severity of the Calls will be dependent on the Severity explained in this section as above The response time for all Types of Help Desk services incidents shall be less than 15 min. Above SLA is for the both the Hardware and Software bought by the SI. The equipment and all the associated services with the same will constitute as a part of this SLA. Helpdesk Services include, but not limited to, the following: Monitoring & Managing all Server, Virtual Machines, OS, Connectivity with the Storage and Backup. Reports from the monitoring tools need to be submitted to the State weekly Diagnostic reports shall be made available to State as and when required Reports can be asked by State at any point of time Following up with different OEM s & vendors Escalation Matrix need to be maintained by the helpdesk team Any call logs and its associated resolution shall be stored in knowledge management database for future reference Escorting of departmental people to the server farm area will be done by helpdesk team Coordinating with different vendors for the closure of calls Page 68 of 122

69 Support departments to solve their problems pertaining to the application. Track each incident / call to resolution Provide feedback to callers. Analyze the incident / call statistics and provide monthly reports including but not limited to: Category of incidents / calls logged Incidents / calls resolved Incidents / calls open Steps to be followed under Helpdesk Services for managed Infrastructure portfolio: Ticket will be raised by the Help Desk, and it will go to the concerned department. The Help Desk staff will continue follow-up with the concerned person for rectification. If the rectification is not done in the specified time, the call will be escalated to the concerned authority of State. After the rectification of the problem, the call shall be closed and the name of the responsible person for the rectification is stored in the database. The reason for the problem and how the problem was rectified will be stored in the Knowledge management database. Note: The SI responsibility is only for follow-up and escalation. Compliance and Reporting Table 3: MIS Reporting S. No. Measurement Definition Target Penalty 1. Submission of MIS Reports The SI shall submit the MIS reports as requested by the State, broadly classified below but not limited to: IMAC (Install, Move, Add, Change) Report Exception report indicating calls completed beyond SLA, with calculation of nonperformance deduction. Report for the previous quarter shall be submitted to the State by the 5th day of beginning of current quarter 5 Days-No Penalty Between 6 10 days - 0.5%of Agreed Quarterly Payment Between days - 1% of Agreed Quarterly Payment Page 69 of 122

70 Report on planned downtime Performance Report The SI shall workout the formats for above reports and get these approved by the State within a month of being awarded the contract. Between days - 2% of Agreed Quarterly Payment IT Infrastructure related Service Levels Following outlines the service level indicators & and the target performance levels to be maintained by the Agency during the contract period. These SLAs shall be strictly imposed and a third party audit/certification agency shall be deployed for certifying the performance of the Agency against the target performance metrics as outlined in the table below: Table 4: IT infrastructure related Service Levels S. No. Measurement Target Severity Penalty 1. Server Availability (including the Hypervisor, VM and OS running on it) % Critical 99.25% % - 1% of Agreed Quarterly Payment 98.75% % - 2% of Agreed Quarterly Payment Subsequently, every 0.5% drop in SLA criteria - 2% of Agreed Quarterly Payment The above SLA are applicable to the existing servers which are included or the new servers that will be procured subsequently. IT Infrastructure Services includes, but not limits to the following: Server Availability includes the following: Hypervisor Availability Operating System Availability Response time Server maintenance at least includes the following (refer server monitoring, administration section of scope of work for more details ) Alerts shall be provided by DCCO to the concerned department / State if 70% of the allocated capacity of resources is being utilized Diagnostic report shall be made available to State as and when required Management of changes to Storage schema, disk space, storage, user roles. Page 70 of 122

71 Performance monitoring and tuning of the Hypervisor and OS on a regular basis Management of update or patch update as and when required with minimal downtime. Cloud Services related Service Levels Following outlines the service level indicators & and the target performance levels to be maintained by the Agency during the contract period. These SLAs shall be strictly imposed and a third party audit/certification agency shall be deployed for certifying the performance of the Agency against the target performance metrics as outlined in the table below: Table 5: Cloud Services related Service Levels S. No. Measurement Target Severity Penalty 1. Provisioning and De-provisioning of Virtual Machines Within 15 Minutes after the approval of the request by the concerned Authority Medium 0.5% of the Agreed Quarterly Payment for every 1 hours of delay beyond the target time. To the maximum capping of 5 hrs. Beyond 5 hours, 1% of the Agreed Quarterly Payment for every 1 hour Uptime of Virtual Machines Uptime of Cloud Solution including the individual Cloud Solution Modules as specified in the FRS and are mentioned in table below % High 99.25% % - 1% of Agreed Quarterly Payment 98.75% % - 2% of Agreed Quarterly Payment Subsequently, every 0.5% drop in SLA criteria - 2% of Agreed Quarterly Payment % Critical 99.25% % - 1% of Agreed Quarterly Payment 98.75% % - 2% of Agreed Quarterly Payment Subsequently, every 0.5% drop in SLA criteria - 2% of Agreed Quarterly Payment S.No Parameter Target Measurement Method 1 Overall Cloud Solution Availability % Overall Cloud Solution Availability will be measured by following formula: Availability %age = {(Agreed Service Time Subsystem Down Time)/ (Agreed Service time)*(100%). ** Scheduled downtime will be excluded. 2 Cloud Network Availability % The component availability will be measured by following formula: Page 71 of 122

72 S.No Parameter Target Measurement Method Component Availability %age = {(Agreed Service Time for the component Down Time of the component)/ (Agreed Service time for the component)*(100%) Cloud Virtualization Layer Availability Cloud Storage Availability Virtual Operating System Availability Cloud Orchestration layer Availability Cloud Security layer Availability % The component availability will be measured by following formula: Component Availability %age = {(Agreed Service Time for the component Down Time of the component)/ (Agreed Service time for the component)*(100%) % The component availability will be measured by following formula: Component Availability %age = {(Agreed Service Time for the component Down Time of the component)/ (Agreed Service time for the component)*(100%) % The component availability will be measured by following formula: Component Availability %age = {(Agreed Service Time for the component Down Time of the component)/ (Agreed Service time for the component)*(100%) % The component availability will be measured by following formula: Component Availability %age = {(Agreed Service Time for the component Down Time of the component)/ (Agreed Service time for the component)*(100%) % The component availability will be measured by following formula: Component Availability %age = {(Agreed Service Time for the component Down Time of the component)/ (Agreed Service time for the component)*(100%) Cloud Services includes, but not limits to the following: Provisioning and de-provisioning of Virtual Machines Maintaining the uptime of virtual Machine, which will also include the migration of virtual machine from one physical server to another based on the increased requirement of resources or due to the downtime of physical server Regular backups for all Virtual Machines in accordance with the backup and archive policies and conduct recovery whenever required with appropriate permissions. Management and maintenance of Cloud Solution Modules Performance monitoring and tuning of the OS and Virtual Machines on a regular basis including, preventive maintenance of the VMs as required. Add or modify administration and delegation of selected Virtual Machines or Services Page 72 of 122

73 2.3.1 Accuracy of Grievance logging by SI The objective is to measure the accuracy with which SI register State complaints. The complaints that have been captured incorrectly by the Help desk of the DCCO make it difficult to resolve the same. State would like to ensure that no more than 5% of complaints are incorrectly captured. The complaints that are marked with a wrong tag shall be used to calculate the percentage of incorrect complaints lodged by the DCCO (which would be termed as call not closed) SLA Compliance Review Process The SI has to submit all the reports pertaining to SLA Review process within 2 weeks after the end of the quarter. All the reports must be made available to State, as and when the report is generated or as and when asked by the competent authority. In case the issue is still unresolved, the arbitration procedures described in the Terms & Conditions section will be applicable. SLA may be revised at regular intervals with mutually acceptable terms between SI and the State. Note: All the hardware related issues other than brought by DCCO as part of solution, if any, has to be resolved by DCO and the SLA of DCCO will not be considered as impacted by failure of the same. 3. Penalties The total deduction per quarter shall not exceed 20% of the total quarterly payable value Two consecutive quarterly deductions amounting to more than 20% of the total quarterly payable value on account of any reasons will be deemed to be an event of default and termination It is the right of the State to bring any external resource at any time for SLA review 4. Other Special Terms and Conditions of the contract 4.1. Right of Monitoring, Inspection and Periodic Audit The State reserves the right to inspect by itself or through a Third Party agency and monitor/assess the progress / performance/ maintenance of the components at any time during the course of the Contract, after providing due notice to the SI. The State may demand any document, data, material or any other information which it may require to enable it to assess the progress of the project The State shall also have the right to conduct, either itself or through another Third Party as it may deem fit, an audit to monitor the performance by the Third Party of its obligations/functions in accordance with the standards committed to or required by the State. The SI undertakes to cooperate with and provide to the State / any other SI appointed by the State, all documents and other details as may be required by them for this purpose. Any deviations or contravention identified as a result of such audit/assessment would need to be rectified by the SI failing which the State may without prejudice to any other rights that it may have issue a notice of default 4.2. Information Security The SI shall not carry and/or transmit any material, information, layouts, diagrams, storage media or any other goods/material in physical or electronic form, which are proprietary to or owned by the State, out of Rajasthan State Data Centre premises without prior written permission from the State The SI shall adhere to the Information Security policy developed by the State SI acknowledges that State business data and other State proprietary information or materials, whether developed by State or being used by State pursuant to a license agreement with a third party (the foregoing collectively referred to herein as proprietary information ) are confidential and proprietary to State and SI agrees to use reasonable care to safeguard the proprietary Page 73 of 122

74 information and to prevent the unauthorized use or disclosure thereof, which care shall not be less than that used by SI to protect its own proprietary information. SI recognizes that the goodwill of State depends, among other things, upon SI keeping such proprietary information confidential and that unauthorized disclosure of the same by SI could damage State and that by reason of SI s duties hereunder. SI may come into possession of such proprietary information even though SI does not take any direct part in or furnish the services performed for the creation of said proprietary information and shall limit access thereto to employees with a need to such access to perform the services required by this agreement. SI shall use such information only for the purpose of performing the said services SI shall, upon termination of this agreement for any reason or upon demand by State, whichever is earliest return any and all information provided to SI by State including any copies or reproductions, both hard copy and electronic 4.3. Risk Management SI shall at his own expense adopt suitable Risk Management methodology to mitigate all risks assumed by the SI under this Contract. SI shall underwrite all the risk related to its personnel deputed under this Contract as well as equipment and components of the RSDC, procured for the RSDC, equipment, tools and any other belongings of the SI or their personnel during the entire period of their engagement in connection with this Contract and take all essential steps to reduce and mitigate the risk. State Government will have no liability on this account 4.4. Suspension of work The SI shall, if ordered in writing by the State s Representative, temporarily suspend the works or any part thereof for such a period and such a time as ordered. The SI shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Works as aforesaid. An extension of time for completion corresponding with the delay caused by any such suspension of the works as aforesaid shall be granted to the SI, if request for same is made and that the suspension was not consequent to any default or failure on the part of the SI. In case the suspension of works is not consequent to any default or failure on the part of the SI and lasts for a period of more than 2 months, the SI shall have the option to request the State to terminate the Contract with mutual consent In the event that the State suspends the progress of work for any reason not attributable to the SI for a period in excess of 30 days in aggregate, rendering the SI to extend his performance guarantee then State shall bear only the cost of extension of such Bank Guarantee for such extended period restricted to the normal bank rates as applicable in the international banking procedures subject to the SI producing the requisite evidence from the bank concerned 4.5. IT ACT 2000 Besides the terms and conditions stated in this document, the contract shall also be governed by the overall acts and guidelines as mentioned in IT Act 2000, and any other guideline issued by State from time to time Page 74 of 122

75 ANNEXURE-1: BILL OF MATERIAL (BoM) S. No. Item Qty Specifications as per below mentioned Annexure 1. Cloud Management Solution, as per the FRS* (The cost of the solution shall also include required Software, Licenses that are required to make the solution fully functional to cater to the requirements of the entire RSDC) 2. CAL Licenses for Cloud Management 1 Annexure 2 6 Annexure 2 [For 1 physical server with specifications as mentioned in server specifications in Annexure 2 (sub-section 2.3, Item no 1, Item no.2 and Item no. 3) A minimum of 8 Virtual Machines would be created in the physical server.] *Virtualization software along with Virtualization Management software should be included as part of cloud solution. Page 75 of 122

76 ANNEXURE-2: FUNCTIONAL REQUIREMENT SPECIFICATIONS 2.1. General Requirements S. No. Requirements i. The solution must provide a comprehensive framework to setup a cloud platform that could deliver various cloud services IaaS, PaaS & SaaS. The proposed solution should deliver out of the box IaaS & the same platform should be extensible to deliver PaaS & SaaS capabilties. ii. The proposed Cloud platform must support multiple Hypervisors (VMware, Microsoft, RedHat KVM), Hetrogenous compute (HP, IBM, Dell etc.), Hetrogenous Storage (HP, IBM, EMC, NetApp etc.) & Hetrogenous Network ( HP, Cisco, Juniper) the Cloud Management software should seamlessly manage & deliver Cloud Services across hetrogenous hypervisor, Compute, Storage & Network. All necessary licenses to support VMWARE and Hyper-V should be included as a part of solution from day1. iii. iv. The Solution Should support Open standards & should be interoperable with Open Stack technologies Multi-tenancy: The solution shall provide comprehensive user management functions including tenant-specific user grouping and admin/user rights within the scope of a tenant. The tenant-admin user is considered distinct from the overall cloud solution administrator. The tenant-admin shall be able to manage own profile, tenant preferences, as well as users within the tenant/group scope. Individual users shall be able to manage their own profile and individual v. The Solution shall be capable of allowing applications to self-service compute, network and storage infrastructures automatically based on workload demand vi. vii. viii. ix. The Solution shall be capable of decoupling applications and application infrastructure configurations. The Solution shall be able to isolate and allow secure authenticated access to infrastructure services The Solution shall be capable of orchestrating compute and storage resource placements based on flexible policies to maximize hardware utilization The Solution shall be able to abstract compute, network, and storage resources for the application and user self-service regardless of hypervisor, server, network and storage hardware x. The solution shall also be able to implement quota of defined value for each tenant Page 76 of 122

77 xi. xii. The proposed solution must support Hybrid Cloud mode as defined by NIST where cloud services could be extended to a 3rd party cloud with open APIs & Workflows, The solution should atleast offer cloud bursting to one public cloud vendor The proposed solution must support Hybrid Cloud mode where cloud services could be extended into a public or partner cloud without the need of provisioning separate tools 2.2. FRS for Cloud enablement Server Virtualization Functional Capabilities 1 Hypervisor Compliant/ Non- Compliant i. The Solution shall be able to run various operating systems like windows client, windows server, linux (RedHat, Suze Linux etc), solarisx86 and any other open source ii. iii. iv. The Solution shall have the capability for creating Virtual Machines templates to provision new servers The Solution shall continuously monitor utilization across Virtual Machines and shall intelligently allocate available resources among the Virtual Machines The Virtualized Machines shall be able to boot from iscsi, FCoE and fiber channel SAN v. The Virtualized Infrastructure shall be able to consume Storage across various protocols like DAS, NAS, SAN vi. vii. viii. ix. x. The Solution shall allow for taking snapshots of the Virtual Machines to be able to revert back to an older state, if required The Solution shall be able to dynamically allocate and balance computing capacity across collections of hardware resources of one physical box aggregated into one unified resource pool The Solution shall cater for the fact that if one server fails all the resources running on that server shall be able to migrate to another set of virtual servers as available The Solution shall provide support for cluster services between Virtual Machines The Solution shall provide patch management capabilities such that it Page 77 of 122

78 shall be able to update patches on its own hypervisor and update guest operating system xi. xii. xiii. xiv. The Solution shall provide the monitoring capabilities for storage, processor, network, memory so as to ensure that the most important Virtual Machines get adequate resources even in the times of congestion The Solution shall support Live Migration of Virtual Machine from one host (Physical Server) to another The Solution shall deliver above listed Hypervisor capabilities using standard server infrastructure from HP, DELL, IBM, Cisco, Oracle, etc. The Solution shall provide security on the hypervisor, as well as guest VMs. It shall provide the ability to apply security to virtual machines and security policies that can follow the machines as they move in the cloud. xv. Th The Solution shall provide policy-based configuration management to ensure compliance across all aspects of the datacenter infrastructure, including virtual and physical resources. xvi. The Solution shall be able to use power saving features like, in case of off-peak hours, if not all servers are required to be powered on, the solution shall shut down to save power xvii. The Solution shall be able to extend existing malware protection solution in SDC for Virtual Machine xviii. The Solution should support the ability to identify non-compliant systems (both Virtual and Physical) in terms of Desired Configuration (e.g. Lack of a Firewall or a file system policy on a VM etc.) and automatically remediate the same wherever possible 2 Compute i. The Software shall have the capability to create Virtual Machines with required number of vcpus ii. The Solution shall allow Virtual Machines consume RAM dynamically in such a way that if some of the VMs in Physical machine are not utilizing the RAM, this RAM can be utilized by some other VM in the same physical machine which has a requirement iii. The Cloud Solution should provide ready to use application templates/packages with sizing, workflows & configurations which can be deployed quickly e.g: Microsoft Sharepoint, Oracle E-Biz Suite, SAP Business objects 3 Storage Page 78 of 122

79 i. The Solution shall also integrate with FC,FCoE and iscsi SAN and infrastructure from leading Vendors so as to leverage high performance shared storage to centralize Virtual Machine file storage for greater manageability, flexibility and availability ii. iii. iv. The Solution shall have the ability to thin provision disks to avoid allocating all storage space upfront The Solution shall provide the capability to migrate the live Virtual Machine files from one storage array to another storage The Solution shall deliver above listed capabilities with HP, EMC, IBM, SUN, NetApp, Hitachi, etc. 4 Network i. The Solution shall allow configuring each Virtual Machine with one or more virtual NICs. Each of those network interfaces can have its own IP address and even its own MAC address ii. iii. iv. The Solution shall allow for creating virtual switches that connect virtual machines The Solution shall support configurations of q VLANs which are compatible with standard VLAN implementations from other vendors Solution shall take advantage of NIC Teaming Capabilities v. The Solution shall deliver above listed all network capabilities with Cisco, Juniper, 3COM, etc. vi. The Solution shall have the capability for moving Virtual Machines from Primary site to the Secondary site Security Capability in Cloud 1 Security Capabilities Compliant/ Non- Compliant i. The Solution shall offer Automated and Approval based Upgrades for Virtual Machines delivered through cloud infrastructure ii. The Solution shall be able to extend existing malware protection solution in SDC for Virtual Machine iii. The Solution shall be able to provide existing Firewall protection for the virtual machine. Page 79 of 122

80 iv. The Solution must offer Identity, Authentication and Role based access to User Departments Infrastructure - Machines (Virtual or Physical), Application or Common Services v. The Solution must offer Policy based administration by putting User Departments Machines (Virtual or Physical) in logical groups and apply relevant policies. vi. vii. viii. ix. The Solution shall have the ability to not just enforce policies but also track and report non-conformance The Solution shall generate reports on non conformance and escalation for privileged access by unauthorized roles/ identities The Solution shall support VLAN isolation by supporting multiple networks per resource pool The Solution shall support secure communication between guest VMs and Hypervisor and intra-vms. x. The Solution must offer ability to Copy, convert, or migrate an image (P2V, V2V, V2P). xi. xii. The Solution should be able to isolate & allow secure access for cloud services, All cloud services portals User portal, Administrative portal, Tenant portals & Dashboards shall be operated in a secure manner. The Solution must offer ability to utilize existing Intrusion detection System / Intrusion Protection system to seamlessly extend into Virtualization environment. IPS/ISD is already available in RSDC Service Provisioning Capabilities 1 Service Portal Capabilities Compliant/ Non- Compliant i. The Solution shall provide a simple to use intuitive Web and experience for SDC Cloud Administrator and User Departments ii. The Solution shall have self-service capabilities to allow Users Departments to log service requests - in SDC iii. The Solution shall be able to offer choice of various Service offering on multiple hypervisors (such as Hyper-V, VMware, KVM) with an Page 80 of 122

81 option to select multi operating systems such as Windows 2003, 2008, RHEL / SUSE Linux, etc., VLAN, Storage and quickly compute associated price for the same as well as shows the deduction for overall Tenant approved infrastructure Quota iv. The Solution shall offer Service catalog listing availability of Cloud infrastructure like Virtual Machines, Physical Machines, Applications, Common Services offered by State Private cloud v. The Solution shall provide comprehensive service catalog with capabilities for service design and lifecycle management, a webbased self-service portal for users to order and manage services vi. vii. viii. ix. The Solution should automate service provisioning & should provide an option to customize the service attributes at service creation time to offer a fixed or customizable services to the user/subscriber the change to the service should not impact the definition of referenced template The Solution should provide a Dashboard that captures all cloud information on one screen giving snapshot of number of Physical servers, Virtual Machines, Storage Capacity, Memory & IP addresses available & consumed. Top Cloud services requested & their status, top users/consumers etc. Proposed Solution should offer lifecycle management of the services by defining a lease period which can be changed as per user & process requirements The solution shall provide an on-boarding mechanism for the new tenants (Department) on the cloud infrastructure that automatically creates the tenant, the tenant administrators, allocates specific resources for the tenant like storage pools, server pools, S/W packages, network pools (including VLANs, DNS, IP address spaces, etc...) x. The Solution shall offer Registration, Signup, Forgot Password and other standard pages (Profile, Billing or Contact information) xi. The Solution shall enforce password policies and allow to personalize the look & feel and logo on the user-interface panels xii. The Solution shall be able to offer choice of various compute profiles, custom compute profile, Selection of operating systems, VLAN, Storage Page 81 of 122

82 xiii. xiv. The Solution shall automate provisioning of new and changes to existing infrastructure (Virtual, Physical, Application or Common Services) with approvals The Solution shall track ownership and utilization of virtual machines, Physical machines, and common services xv. The Solution shall allow for implementing workflows for provisioning, deployment, decommissioning all virtual and physical assets in the cloud datacenter xvi. xvii. xviii. xix. xx. xxi. xxii. The Solution shall allow easy inventory tracking all the physical & virtual assets in the Private Cloud. It shall provide capabilities to track usage and non-compliance situations. The Solution shall have the ability to manage Virtual Assets across the major multiple virtualization platforms (like Microsoft, VMware, KVM, etc) The Solution shall allow the ability to identify non-compliant systems (both Virtual and Physical) in terms of Desired Configuration (e.g. Lack of a Firewall or a file system policy on a VM etc.) and automatically remediate the same wherever possible The Solution shall be able to dynamically allocate and balance computing capacity across collections of hardware resources aggregated into one unified resource pool with optional control over movement of virtual machines like restricting VMs to run on selected physical hosts. The Solution shall have Show-Back (to check the usage patterns and reporting for the user department) and the same solution shall have the capability to be updated into Charge-Back whenever this functionality is required by the SDC The Solution shall offer usage report by tenant, by region, or by virtual machine reporting usage of memory consumption, CPU consumption, disk consumption The solution shall allow the users to schedule a service creation request in a future date/time; the solution shall check if a request scheduled for a future time can be fulfilled and reject the request in case of projected resources shortage or accept the request and reserve the resources for that request Page 82 of 122

83 xxiii. xxiv. xxv. xxvi. The Solution shall have web based interface for administration The Solution shall have the ability generate customize report as well as the native ability to export to common formats Whenever the Charge Back mechanism is enabled, the Solution must satisfy the following requirements: - The Solution shall support different cost models like allocated or reserved cost per virtual machine. It shall also allow tracking usage of resources - The Solution shall allow mixing of different cost model/ policies - The Solution shall have the ability to charge differently for different level of services - The Solution shall support cost calculation of shared/ multi tenant application The Solution shall provide service catalog with capabilities for service offering design and lifecycle management, a self-service portal for users to order and manage services 2 User Department Requirement i. The User Departments shall be able to view Department s infrastructure as Services e.g. : group his servers by- application LOB servers, All web servers, all Small servers etc ii. iii. iv. The Solution shall allow User Departments to delegate user services to others on their team The User Department shall be able to allocate, monitor, report and upgrade allocated capacity The Solution shall give User Department capability to view logged, Queued, Assigned solved or Resolved queries v. The Solution shall allow selecting various Operating System as well as option of Installing additional software's on the provisioned Virtual Machines to User Department while Requesting for provisioning of new virtual servers from Self service GUI vi. vii. The User Department shall be able to report Department s allocated Quota, Used Quota and balance Quota of infrastructure capacity The User Department shall be able to generate consumption reports for Department s cloud infrastructure (Virtual, Physical, Page 83 of 122

84 Application or Common Services) 3 SDC Private Cloud Administrator Requirement i. Administrators shall be able to automatically scale and/or manage resources unilaterally (as also termed in the NIST definition) for tenant services without manual intervention as and when required by the SLA requirements of the service ii. iii. iv. Private Cloud Administrators shall be able to easily configure, deploy, and manage services through a highly intuitive servicecentric interface, while using a library of standard templates Private Cloud Administrators shall easily be able to commission & decommission VMs Private Cloud Administrators/Application Owners shall be able to create, manage, services using a web-based interface that presents a customized view of resources based on your role in the organization 4 Capacity Management i. The Solution shall be able to determine how many more virtual machines can fit the environment ii. iii. The Solution shall identify idle, underutilized capacity to provide inputs to the capacity management function such that informed decisions can be taken The Solution shall support to identify and determine optimum sizing and placement of virtual machines iv. The Solution shall provide forecast reports demonstrating forecasted utilization v. The Solution shall support all of the following modeling scenarios: Physical to Virtual, Virtual to Virtual, Virtual to Physical vi. The Solution shall provide a mechanism to automatically assess high volumes of workloads and determines optimal placement on virtual machines across the enterprise s shared resource pools Page 84 of 122

85 Automation, Orchestration and Monitoring 1 Process Automation Compliant/ Non- Compliant i. The Solution shall demonstrate a way to comprehensively model cloud datacenter process end to end across multiple Vendors software and hardware thus enforcing Operational Best Practices and Procedures ii. iii. iv. The Solution shall allow automating best practices, such as those found in Information Technology Infrastructure Library (ITIL) through workflow processes that coordinate management tools to automate incident response, change and compliance, and service-lifecycle management processes The Solution shall have capabilities to create workflows to automate common admin challenges The Solution shall have the ability to develop highly customized workflows and easy user interface. v. The Solution shall have web based interface 2 Integration Capabilities i. The Solution shall be able to create processes across multiple vendors software and hardware ii. iii. iv. The Orchestration Solution shall be open and interoperable and has rich integration capabilities that support interfaces from command line interface and web services The Solution shall provide resource-level operations across compute resources (like IBM, Cisco, HP, Dell, Oracle and/or other hardware), hypervisors (like VMware, KVM, Hyper-V, etc), storage resources (like EMC, Netapp, IBM, HP, Oracle, etc), and network resources (like 3Com, Cisco, Juniper, etc). It shall support provisioning for multiple platforms including Windows, Linux, & ESX on x86 (32 and 64 bit) The Solution shall provide capability for orchestrating tasks across systems for consistent, documented, compliant activity v. The Solution shall be able to audit and monitor execution of processes and report on violations against the same vi. The various participating HW & SW components in the Data Center process as modeled by the solution shall be easily manageable by this Page 85 of 122

86 Orchestration layer vii. The Solution shall be able to accelerate adequate utilization of subsystems (not limited to but including) the backup solution, the service manager/helpdesk module, the operations modules, the virtual asset provisioning modules etc 3 Monitoring Capabilities i. The Solution shall be able to monitor User Department Virtual Resources independent of the platform & solution/service they are running ii. iii. iv. The Solution shall be able to monitor key performance characteristics of the virtual resource (Memory, Storage, Network etc.) The Solution shall monitor all the critical operating system level services and shall check for their status like running, not running, paused. In addition, deviations from a defined Configuration shall be detectable and reported The Solution shall give User Department ability to select performance counters and duration for which they want to view the performance data v. The Solution shall have the mechanism to store the historical data for problem diagnosis, trend and analysis vi. vii. The Service level dashboard provided with the Solution shall have a web based interface The Solution shall be able to send the reports through to predefined user with pre-defined interval viii. The Solution shall trigger automated actions based on incoming events / alerts ix. The Solution shall provide a Knowledge base to store history of useful incident resolution Page 86 of 122

87 2.3. Specification for Blade Server Following blade chassis and blade servers mentioned at Item No 1, Item No 2 and Item No. 3 shall be made available to DCCO for implementation of cloud solution in data centre. Item no. 1 : BLADE CHASSIS (Quantity -1) Features Form Factor IO Modules Ethernet Module (10GBps) IO Fibre Channel IO Module Midplane Power Modules Chassis Management Module System Panel Management Features Accessories Warranty Description of Specification Max 10U Rack mounted Chassis to house at least 8 Dual Socket Compute Nodes. Min Four high-speed switch bays capable of supporting I/O architectures in Ethernet, FiberChannel and FCoE. IO modules/ Switches should be scalable. The chassis should have 2 Nos. of 10 Gbps redundant network switches/ interconnect modules with sufficient number of 10 Gbps Downlinks ports per switch with respect to the number of blade servers populated in the chassis and at least 8 x 10 GB SR SFP+ uplink ports per switch for connecting to the data center switch. It should also include all the required cables and SFP connectors for all the ports. The chassis should have 2 Nos. of Fiber Channel SAN switches/ modules with at least 6 * 8 Gbps auto-negotiating FC uplinks and also at least 8 Gb auto-negotiating downlinks to all server bays. It should also include all the required cables and SFP connectors for all the ports. Dual network connectivity for each blade server for redundancy should be provided. Backplane/Midplane should be completely passive device. If it is active, dual Backplane/Midplane should be provided for redundancy Redundant power modules that provide N+N or N+1 redundancy (Fully populated power supplies to be included from day one) Integrated two redundant chassis Management Modules providing IP based management of the compute nodes and vital elements like FC and Ethernet Switches. Should also provide for controlling Power, Fan management, Chassis and compute node initialization, Switch management, Resource discovery and inventory management, Resource alerts and monitoring management, Chassis and compute node power management and diagnostics for elements including Chassis, I/O options and compute nodes. LED/LCD on the front information panel that can be used to obtain the status of the chassis Identify, Check log and faults on the LED/LCD display Should provide a single console to monitor enclosure Should support simultaneous remote access for different servers in the enclosure Should include OEM management/controlling software license for a fully populated enclosure Should provide remote management capabilities, performance management capabilities, smart power management capabilities. The Blade servers will be used for Virtualization purpose therefore, these should be virtualization enabled through OS from day 1. All required cables, connectors and related accessories to be supplied 3 Years Comprehensive onsite OEM Warranty (with NBD SLA) Page 87 of 122

88 Item no. 2 : BLADE SERVER with MS-Windows Server 2012 R2 Datacenter Edition (Quantity-3) Item Processor Chipset Memory (RAM) HDD Description of Specification Min. 2 x Intel Xeon E V2 (2.5GHz/ 1866MHz FSB, 25 MB Cache) Intel C600 Series or higher 256GB DDR3 ECC 1600Mhz LP RDIMM with Memory Mirroring/ Online Sparing Min. 2 x 300GB hot plug SFF 6Gbps 10K RPM SAS drives RAID Integrated Hardware RAID Controller with RAID 0, 1 Network Interfaces SAN Connectivity Graphics Operating System Management Features Warranty Certifications Min. 2 x 10Gbps (WoL and TCP/IP Offloading) Min. 1 x USB 2.0 Port Min. 2 x 8Gbps Fiber Channel HBA Integrated Genuine MS-Windows Server 2012 R2 Datacenter Edition or latest version with 3 Years OEM Support, Subscription/ Software Assurance. (Bidder to provide updates, upgrades and patches with 3 years OEM Support) The Blade servers will be used for Virtualization purpose therefore, these should be virtualized through O.S. from day 1.Hypervisor and licenses for creating unlimited virtual machines to be provided. 3 Years Comprehensive onsite OEM Warranty (with NBD SLA) Should be certified on the supplied OS Page 88 of 122

89 Item no. 3: BLADE SERVER with RHEL 7 (Quantity-3) Item Processor Chipset Memory (RAM) Description of Specification Min. 2 x Intel Xeon E V2 (2.5GHz/ 1866MHz FSB, 25 MB Cache) Intel C600 Series or higher 256GB DDR3 ECC 1600Mhz LP RDIMM with Memory Mirroring/ Online Sparing HDD Min. 2 x 300GB hot plug SFF 6Gbps 10K RPM SAS drives RAID Integrated Hardware RAID Controller with RAID 0, 1 Network Min. 2 x 10Gbps (WoL and TCP/IP Offloading) Interfaces Min. 1 x USB 2.0 Port SAN Connectivity Min. 2 x 8Gbps Fiber Channel HBA Graphics Integrated Operating System Management Features Warranty Certifications RHEL 7 Licenses with 3 Years OEM Support, Subscription/ Software Assurance. (Bidder to provide updates, upgrades and patches with 3 years OEM Support) The Blade servers will be used for Virtualization purpose therefore, these should be virtualization through O.S. from day 1.Hypervisor and licenses for creating unlimited virtual machines to be provided. 3 Years Comprehensive onsite OEM Warranty (with NBD SLA) Should be certified on the supplied OS Page 89 of 122

90 ANNEXURE-3: PRE-BID QUERIES FORMAT {to be filled by the bidder} Name of the Company/Firm: Bidding Document Fee Receipt No. Dated for Rs. /- 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 Rule No. Rule Details Query/ Suggestion/ Clarification Note: - Queries must be strictly submitted only in the prescribed format (.XLS/.XLSX/.ODF). Queries not submitted in the prescribed format will not be considered/ responded at all by the procuring entity. Also, kindly attach the coloured scanned copy of the receipt towards the submission of the bidding/ tender document fee. Page 90 of 122

91 ANNEXURE-4: BIDDER S AUTHORIZATION CERTIFICATE {to be filled by the bidder} To, {Procuring entity},,, I/ We {Name/ Designation} hereby declare/ certify that {Name/ Designation} is hereby authorized to sign relevant documents on behalf of the company/ firm in dealing with NIB reference No. dated. He/ She is also authorized to attend meetings & submit technical & commercial information/ clarifications as may be required by you in the course of processing the Bid. For the purpose of validation, his/ her verified signatures are as under. Thanking you, Name of the Bidder: - Authorised Signatory: - Seal of the Organization: - Date: Place: Verified Signature: Page 91 of 122

92 ANNEXURE-5: SELF-DECLARATION {to be filled by the bidder} To, {Procuring entity},, In response to the NIB Ref. No. dated for {Project Title}, as an Owner/ Partner/ Director/ Auth. Sign. of, I/ We hereby declare that presently our Company/ firm, at the time of bidding,: - a) possess the necessary professional, technical, financial and managerial resources and competence required by the Bidding Document issued by the Procuring Entity; b) have fulfilled my/ our obligation to pay such of the taxes payable to the Union and the State Government or any local authority as specified in the Bidding Document; c) is having unblemished record and is not declared ineligible for corrupt & fraudulent practices either indefinitely or for a particular period of time by any State/ Central government/ PSU/ UT. d) does not have any previous transgressions with any entity in India or any other country during the last three years e) does not have any debarment by any other procuring entity f) is not insolvent in receivership, bankrupt or being wound up, not have its affairs administered by a court or a judicial officer, not have its business activities suspended and is not the subject of legal proceedings for any of the foregoing reasons; g) does not have, and our directors and officers not have been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter into a procurement contract within a period of three years preceding the commencement of the procurement process, or not have been otherwise disqualified pursuant to debarment proceedings; h) does not have a conflict of interest as mentioned in the bidding document which materially affects the fair competition. i) will comply with the code of integrity as specified in the bidding document. If this declaration is found to be incorrect then without prejudice to any other action that may be taken as per the provisions of the applicable Act and Rules thereto prescribed by GoR, my/ our security may be forfeited in full and our bid, to the extent accepted, may be cancelled. Thanking you, Name of the Bidder: - Authorised Signatory: - Seal of the Organization: - Date: Place: Page 92 of 122

93 ANNEXURE-6: CERTIFICATE OF CONFORMITY/ NO DEVIATION {to be filled by the bidder} To, {Procuring Entity},, CERTIFICATE This is to certify that, the specifications of Hardware & Software which I/ We have mentioned in the Technical bid, and which I/ We shall supply if I/ We am/ are awarded with the work, are in conformity with the minimum specifications of the bidding document and that there are no deviations of any kind from the requirement specifications. Also, I/ we have thoroughly read the bidding document and by signing this certificate, we hereby submit our token of unconditional acceptance to all the terms & conditions of the bidding document without any deviations. I/ We also certify that the price I/ we have quoted is inclusive of all the cost factors involved in the end-toend implementation and execution of the project, to meet the desired Standards set out in the bidding Document. Thanking you, Name of the Bidder: - Authorised Signatory: - Seal of the Organization: - Date: Place: Page 93 of 122

94 ANNEXURE-7: DECLARATION BY BIDDER {to signed by selected bidder} I/ We declare that I am/we are bonafide/ Manufacturers/ Whole Sellers/ Sole distributor/ Authorised dealer/ dealers/ sole selling/ Marketing agent in the goods/ stores/ equipment for which I/ We have quoted. If this declaration is found to be incorrect then without prejudice to any other action that may be taken, my/ our security may be forfeited in full and the bid, if any, to the extent accepted may be cancelled. Name of the Bidder: - Authorised Signatory: - Seal of the Organization: - Date: Place: Page 94 of 122

95 ANNEXURE-8: MANUFACTURER S AUTHORIZATION FORM (MAF) (Indicative Format) Ref. No. Date: To, State Nodal Officer < Address> Sub: RFP ref no: Dear Sir, Please refer to your Notice Inviting Tenders for Selecting Agency for setting up and maintenance support of cloud solution In Rajasthan State Data Centre. M/S (Bidder), who is our reliable distributor for the last years, is hereby authorized to quote on our behalf for thi s prestigious tender. We undertake the following regarding the supply of software as described in this tender 1. It will be ensured that in the event of being awarded the contract the complete cloud solution will be delivered by M/s (Bidder) & maintained by M/S properly as per the conditions of the contract. For this purpose, we shall provide M/S (Bidder) necessary technical support including technical updates, software version updates (such as Firmware, Operating System) and upgrades, required patches, replacements & spares to the Bidder as per the RFP conditions. A signed copy of the original warranty/support agreement (support, repair, replacement) shall be submitted to the client / purchaser at the time of installation. 2. If M/s fails to maintain the cloud solution and State is compelled to appoint an operator due to non-maintenance of the Cloud solution supplied by us or for any other reason whatsoever, we will provide necessary support to the new operator as appointed by the State for the remaining period of the project as per the RFP and SLA signed. 3. If due to any reason whatsoever, the tie up between our Company & M/S (Bidder) breaks down subsequently or supply/ installation does not take place for a reason not attributable to State, alternative arrangements as prescribed in earlier points will apply. Yours faithfully, (NAME) (Name of manufacturers) Note: This letter of authority shall be on the letterhead of the manufacturer and shall be signed by a person competent and having the power of attorney to bind the manufacturer. It shall be included by the Bidder in Pre-Qualification Criteria. Page 95 of 122

96 ANNEXURE-9: UNDERTAKING ON AUTHENTICITY OF COMPUTER EQUIPMENTS {to be filled by the bidder (On Rs. 100/- Non-judicial stamp paper)} To, {Procuring Entity},, Reference: NIB No. : Dated: This has reference to the items being supplied/ quoted to you vide bid ref. no. dated. We hereby undertake that all the components/ parts/ assembly/ software used in the equipment shall be genuine, original and new components /parts/ assembly/ software from respective OEMs of the products and that no refurbished/ duplicate/ second hand components/ parts/ assembly/ software are being used or shall be used. In respect of licensed operating system, we undertake that the same shall be supplied along with the authorized license certificate with our name/logo. Also, that it shall be sourced from the authorized source for use in India. In case, we are found not complying with above at the time of delivery or during installation, for the equipment already billed, we agree to take back the equipment already supplied at our cost and return any amount paid to us by you in this regard and that you will have the right to forfeit our Bid Security/ SD/ PSD for this bid or debar/ black list us or take suitable action against us. Authorized Signatory Name: Designation: Page 96 of 122

97 ANNEXURE-10: COMPONENTS OFFERED BOM {to be filled by the bidder} Please fill the following BOM for all the offered components. S.No. Product Details Detailed OEM Details (Only one make and model) Functional Requirement Specification (Name, Address, , Mobile Nos.) Reference** 1. {Item No. xx} 2. {Item No. xx} 3. {Item No. xx} ** Please attach Functional requirement specifications compliance sheet (on OEM letter head only) and provide reference number in this column. (Deviations, if any, should be appropriately mentioned & highlighted in the compliance/ deviation column of the respective table as provided above in the Annexure-2: Functional Requirement Specifications) Page 97 of 122

98 ANNEXURE-11: FINANCIAL BID COVER LETTER & FORMAT COVER LETTER {to be submitted by the bidder on his Letter head} To, {Procuring Entity},, Reference: NIB No. : Dated: Dear Sir, We, the undersigned bidder, Having read & examined in detail, the Bidding Document, the receipt of which is hereby duly acknowledged, I/ we, the undersigned, offer to supply/ work as mentioned in the Scope of the work, Bill of Material, Technical specifications, Service Level Standards & in conformity with the said bidding document for the same. I / We undertake that the prices are in conformity with the specifications prescribed. The quote/ price are inclusive of all cost likely to be incurred for executing this work. The prices are inclusive of all type of govt. taxes/duties as mentioned in the financial bid (BoQ). I / We undertake, if our bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the schedule of Requirements. I/ We hereby declare that in case the contract is awarded to us, we shall submit the contract performance guarantee as prescribed in the bidding document. I / We agree to abide by this bid for a period of days after the last date fixed for bid submission and it shall remain binding upon us and may be accepted at any time before the expiry of that period. Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us. I/ We hereby declare that our bid is made in good faith, without collusion or fraud and the information contained in the bid is true and correct to the best of our knowledge and belief. We understand that you are not bound to accept the lowest or any bid you may receive. We agree to all the terms & conditions as mentioned in the bidding document and submit that we have not submitted any deviations in this regard. Date: Authorized Signatory Name: Designation: Page 98 of 122

99 Summary Sheet: Financial Bid Format Tender Inviting Authority : Nature of Work: RFP for Selecting Agency for Setting up and Maintenance Support of Cloud Solution in RSDC Contract No: Bidder Name : SCHEDULE OF WORKS (This BoQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevant columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only) Sl. No. Description of work RATE In Figures Rs. P AMOUNT Rs. P 1.00 Cloud Enablement Infrastructure (CAPEX A1 + OPEX A2) Figures Words 0.00 Rupees only 0.00 Total in Figures 0.00 Total in Words Rupees only Page 99 of 122

100 PRICE SCHEDULE for CAPEX (A1) Tender Inviting Authority: Name of Work: RFP for Selecting Agency for Setting up and Maintenance Support of Cloud Solution in RSDC Contract No. Bidder Name: PRICE SCHEDULE for CAPEX (A1) (This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevant columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only) Sl. No. Components Quantity Unit price including all taxes, levies and duties applicable but excluding RVAT & Service Tax (as applicable) in INR (in. Rs.) RVAT if applicable in INR Service Tax if applicable in INR Unit Total including all taxes, levies and duties applicable (in INR) Cloud Management Solution, as per the FRS* (The cost of the solution shall also include required Software, Licenses that are required to make the solution fully functional to cater to the requirements of the entire SDC) Total cost including all taxes, levies and duties applicable (in INR) (8)=(7)x(3) Page 100 of 122

101 2.00 CAL Licenses for Cloud Management [For 1 physical server with specifications as mentioned in server specifications in Annexure 2 (sub-section 2.3, Item no 1, Item no.2 and Item no. 3) A minimum of 8 Virtual Machines would be created in the physical server.] ***Total in Figures 0.00 ***Total in Words Rupees only *Virtualization software along with Virtualization Management software should be included as part of cloud solution. PRICE SCHEDULE FOR OPEX (A2) Sl. No. Operational Support First Year Operational Support Cost including all taxes, levies and duties applicable except RVAT (in. Rs.) RVAT- First Year, if any Second Year Operational Support Cost including all taxes, levies and duties applicable except RVAT (in. Rs.) RVAT-Second Year, if any Third Year Operational Support Cost including all taxes, levies and duties applicable except RVAT (in. Rs.) RVAT-Third Year,if any Total Cost for 3 years including all taxes, levies and duties applicable (in. Rs.) (6)=(3)+(4)+(5) =( ) 1.00 Facility Management Services (FMS) 0.00 Page 101 of 122

102 2.00 Support and subscription 0.00 Cost for Software and Licenses ***Total in Figures 0.00 ***Total in Words Rupees only The Bidder are requested to take into account the Scope of Work and SLA while quoting for Support and Subscription Page 102 of 122

103 Annexure-12: BANK GUARANTEE FORMAT {to be submitted by the bidder s bank} BANK GUARANTEE FORMAT PERFORMANCE SECURITY (PBG) (To be stamped in accordance with Stamp Act and on a Stamp Paper purchased from Rajasthan State only and to be issued by a Nationalised/ Scheduled bank having its branch at Jaipur and payable at par at Jaipur, Rajasthan) To, The Managing Director, RajCOMP Info Services Limited (), First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-Scheme, Jaipur (Raj). 1. In consideration of the RajCOMP Info Services Limited (hereinafter called "") having agreed to exempt M/s...(hereinafter called "the said Contractor(s)" from the demand, under the terms and conditions of an Agreement No...dated...made between the through and...(contractor) for the work...(hereinafter called "the said Agreement") of Security Deposit for the due fulfilment by the said Contractor (s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs...(rupees...only), we...(indicate the name of the Bank), (hereinafter referred to as "the Bank") at the request of...contractor(s) do hereby undertake to pay to the an amount not exceeding Rs...(Rupees...only) on demand. 2. We... (Indicate the name of Bank), do hereby undertake to pay Rs... (Rupees...only), the amounts due and payable under this guarantee without any demur or delay, merely on a demand from the. Any such demand made on the bank by the shall be conclusive as regards the amount due and payable by the Bank under this guarantee. The Bank Guarantee shall be completely at the disposal of the and We... (Indicate the name of Bank), bound ourselves with all directions given by regarding this Bank Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs... (Rupees...only). 3. We...(indicate the name of Bank), undertake to pay to the any money so demanded notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any Court or Tribunal or Arbitrator etc. relating thereto, our liability under these presents being absolute, unequivocal and unconditional. 4. We...(indicate the name of Bank) further agree that the performance guarantee herein contained shall remain in full force and effective up to <DATE> and that it shall continue to be enforceable for above specified period till all the dues of under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee. 5. We...(indicate the name of Bank) further agree with the that the shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the or any indulgence by the to the said Contractor(s) or by any such matter or thing whatsoever which would but for this provision, have effect of so relieving us. 6. The liability of us... (indicate the name of Bank), under this guarantee will not be discharged due to the change in the constitution of the Bank or the contractor(s). Page 103 of 122

104 7. We... (indicate the name of Bank), lastly undertake not to revoke this guarantee except with the previous consent of the in writing. 8. This performance Guarantee shall remain valid and in full effect, until it is decided to be discharged by the. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to Rs... (Rupees...only). 9. It shall not be necessary for the to proceed against the contractor before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank notwithstanding any security which the may have obtained or obtain from the contractor. 10. We... (indicate the name of Bank) verify that we have a branch at Jaipur. We undertake that this Bank Guarantee shall be payable at any of its branch at Jaipur. If the last day of expiry of Bank Guarantee happens to be a holiday of the Bank, the Bank Guarantee shall expire on the close of the next working day. 11. We hereby confirm that we have the power(s) to issue this guarantee in your favor under the memorandum and articles of Association/constitution of our bank and the undersigned is/are the recipient of authority by express delegation of power(s) and has/have full power(s) to execute this guarantee for the power of attorney issued by the bank. Dated...day of...for and on behalf of the <Bank> (indicate the Bank) Signature (Name & Designation) Bank's Seal The above performance Guarantee is accepted by the For and on behalf of the Signature (Name & Designation) Page 104 of 122

105 ANNEXURE-13: DRAFT AGREEMENT FORMAT {to be mutually signed by selected bidder and procuring entity} This Contract is made and entered into on this day of, 2013 by and between RajCOMP Info Services Limited (), having its head office at First Floor, Yojana Bhawan, Tilak Marg, C- Scheme, Jaipur , Rajasthan (herein after referred to as Purchaser/ ) which term or expression, unless excluded by or repugnant to the subject or context, shall include his successors in office and assignees on ONE PART And M/s, a company registered under the Indian Companies Act, 1956 with its registered office at (herein after referred as the Successful Bidder/ Supplier ) which term or expression, unless excluded by or repugnant to the subject or context, shall include his successors in office and assignees on the OTHER PART. Whereas, Purchaser is desirous of appointing an agency for <project title> as per the Scope of Work and Terms and Conditions as set forth in the RFP document dated of <NIB No >. And whereas M/s represents that it has the necessary experience for carrying out the overall work as referred to herein and has submitted a bid and subsequent clarifications for providing the required services against said NIB and RFP document issued in this regard, in accordance with the terms and conditions set forth herein and any other reasonable requirements of the Purchaser from time to time. And whereas Purchaser has accepted the bid of supplier and has placed the Work Order vide Letter No. dated, on which supplier has given their acceptance vide their Letter No. dated. And whereas The supplier has deposited a sum of Rs. /- (Rupees ) in the form of ref no. dated of Bank and valid up to as security deposit for the due performance of the contract. Now it is hereby agreed to by and between both the parties as under: - 1. The NIB Ref. No. dated and RFP document dated issued by along with its enclosures/ annexures, wherever applicable, are deemed to be taken as part of this contract and are binding on both the parties executing this contract. 2. In consideration of the payment to be made by to supplier at the rates set forth in the work order no. dated will duly supply the said articles set forth in Annexure-I: Bill of Material thereof and provide related services in the manner set forth in the RFP, along with its enclosures/ annexures and Technical Bid along with subsequent clarifications submitted by supplier. 3. The do hereby agree that if supplier shall duly supply the said articles and provide related services in the manner aforesaid observe and keep the said terms and conditions of the RFP and Contract, the will pay or cause to be paid to supplier, at the time and the manner set forth in the Page 105 of 122

106 said conditions of the RFP, the amount payable for each and every project milestone & deliverable. The mode of Payment will be as specified in the RFP document. 4. The timelines for the prescribed Scope of Work, requirement of services and deployment of technical resources shall be effected from the date of work order i.e. and completed by supplier within the period as specified in the RFP document. 5. In case of extension in the delivery and/ or installation period/ completion period with liquidated damages, the recovery shall be made on the basis of following percentages of value of stores/ works which supplier has failed to supply/ install/ complete: - a) Delay up to one fourth period of the prescribed delivery period, successful 2.5% installation & completion of work b) Delay exceeding one fourth but not exceeding half of the prescribed delivery 5.0% period, successful installation & completion of work. c) Delay exceeding half but not exceeding three fourth of the prescribed delivery 7.5% period, successful installation & completion of work. d) Delay exceeding three fourth of the prescribed delivery period, successful 10.0% installation & completion of work. Note: i. Fraction of a day in reckoning period of delay in supplies/ maintenance services shall be eliminated if it is less than half a day. ii. The maximum amount of agreed liquidated damages shall be 10%. iii. If supplier requires an extension of time in completion of contractual supply on account of occurrence of any hindrances, he shall apply in writing to the authority which had placed the work order, for the same immediately on occurrence of the hindrance but not after the stipulated date of completion of supply. iv. Delivery period may be extended with or without liquidated damages if the delay in the supply of goods in on account of hindrances beyond the control of supplier. 6. All disputes arising out of this agreement and all questions relating to the interpretation of this agreement shall be decided as per the procedure mentioned in the RFP document. In witness whereof the parties have caused this contract to be executed by their Authorized Signatories on this day of, Signed By: Signed By: ( ) Designation:, Company: (Akhil Arora) Managing Director, In the presence of: In the presence of: Page 106 of 122

107 ( ) Designation: Company: ( ) Designation: Department of IT&C, Govt. of Rajasthan ( ) Designation: Company: ( ) Designation: Department of IT&C, Govt. of Rajasthan Page 107 of 122

108 ANNEXURE-14: MEMORANDUM OF APPEAL UNDER THE RTPP ACT, 2012 Appeal No of Before the (First/ Second Appellate Authority) 1. Particulars of appellant: a. Name of the appellant: <please specify> b. Official address, if any: <please specify> c. Residential address: <please specify> 2. Name and address of the respondent(s): a. <please specify> b. <please specify> c. <please specify> 3. Number and date of the order appealed against and name and designation of the officer/ authority who passed the order (enclose copy), or a statement of a decision, action or omission of the procuring entity in contravention to the provisions of the Act by which the appellant is aggrieved: <please specify> 4. If the Appellant proposes to be represented by a representative, the name and postal address of the representative: <please specify> 5. Number of affidavits and documents enclosed with the appeal: <please specify> 6. Grounds of appeal (supported by an affidavit): <please specify> 7. Prayer: <please specify> Place. Date Appellant's Signature Page 108 of 122

109 ANNEXURE-15: FORMS FOR FILLING THE TECHNICAL BID Technical Solution <<To be provided by the bidder>> a. The Bidder is required to describe the proposed Technical Solution in this section. Following shall be captured in the explanation: Clear articulation and description of the design ( details provided in the point b) and technical solution and various components Extent of compliance to technical requirements specified in the scope of work Technical Design and clear articulation of benefits to the State of various components of the solution vis-à-vis other options available. Strength of the Bidder to provide services including examples or case-studies of similar solutions deployed for other Clients. b. The Bidder shall provide detailed design and sizing calculation for the following listing all assumptions that have been considered: i. Components Design ii. iii. iv. 1. Approach & Methodology for Installation & Configuration of: Virtualization Infrastructure Cloud Components Operations & Maintenance 1. Reactive and Proactive maintenance 2. The kind of support and maintenance hired from different OEM s and vendors with relevant proofs 3. Detail of helpdesk and support structure for call maintenance Approach & Methodology for Commissioning of components for Cloud Enablement of State Data Centre. (It shall be accompanied by the time line and project plan) Adherence to Best practices like ISO, ITIL, BS7799, BS15000, ISO: 20000, ISO 27001etc. c. Bidder shall provide a detailed project plan with timelines, resource allocation, milestones etc. in for supply, installation and commissioning components for the State Data Centre. Page 109 of 122

110 Form 1- Bidders Experience in setting-up IT infrastructure in Data Centres Criteria S. No. Name of Client Project Cost Year of Execution Details testimonial attached of Bidder s experience in settingup IT infrastructure in Data Centres in India, quantified in terms of number of projects will be evaluated. Setting-up IT infrastructure in Data Centres would mean where the Bidder has procured, installed and commissioned IT Infrastructure (Hardware and Software) in Data centre. Only Project Cost greater than Rs.2 crores and set up as per the contract in the last 3 financial years i.e , , and will be considered Bidder with maximum numbers of projects (maximum capped to 5 projects) shall be awarded full 5 10 (1 project=2 Marks) marks and the others shall be awarded marks on relative (pro rata) basis. Note: Testimonials would include Copy of work order/ Contract / Client certificate Page 110 of 122

111 Form 2- Bidders Experience In Cloud Solution Criteria S. No. Name of Client Project Cost Year of Execution Details testimonial attached of Bidder s experience in commissioning Cloud Solution in India, quantified in terms of number of projects will be evaluated. Settingup IT infrastructure would mean where the Bidder has procured, installed and commissioned Cloud Infrastructure (Hardware and Software). Only Project Cost greater than Rs.1 Crore and set up as per the contract in the last 3 financial years will be considered Bidder with maximum numbers of projects (maximum capped to 5 projects) shall be awarded full 10 (1 project=2 Marks) marks and the others shall be awarded marks on 5 relative (pro rata) basis. Note: Testimonials would include Copy of work order/ Contract / Client certificate Page 111 of 122

112 Form 3- Monitoring & Helpdesk Specification Total Marks Compliance with RFP specifications Final Score (Yes/No) Components Total 5 Marks Final Marks Monitoring: Marks would be awarded for solution having adopters / plug in for two or more leading EMS solutions 3 Helpdesk: Marks would be awarded if the solution proposed would be able to send ticket numbers, issue descriptions, resolution information, etc to users through SMS/ , in addition to the requirements as mentioned in the Section 4 for Scope of work in the RFP. 2 Page 112 of 122

113 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) Form 4 Project Experience S. No. Item Details General Information 1 Customer Name/Government Department 2 Name of the Contact Person and Contact details for the project Brief Description of scope of Project Size of the project 3 Contract Value of the project (in crores) 4 Capital Expenditure involved (by the govt./ client) 5 Total cost of the services provided (by the Bidder) Project Details 6 Name of the project 7 Start Date/End Date 8 Current Status (work in progress, completed) 9 Contract Tenure 10 Type of Project 11 Solution architecture employed & core Components 12 Scope of Service Delivery System 13 Tools Deployment Note: The above detail must be accompanied by the copy purchase order / service order

114 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) ANNEXURE 16: SLA WITH DCO The SLA available in the new RFP (Reference No. F4.2 (133)//Tech/14/12504 dated 13/01/2014) floated for selection of DCO is provided below which can be reviewed as per terms and conditions of RFP. The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to clearly define the levels of service which shall be provided by the selected bidder to the tendering authority for the duration of this contract. The tendering authority will regularly review the performance of the services being provided by the selected bidder and impose penalties if any deficiency is found in the services. Three consecutive quarterly penalties (on actual) of more than 20% put together of the applicable fee on account of any reasons will deemed to be an event of default and termination. It is acknowledged that service levels may change as service needs evolves over the course of the contract. The present SLAs have been worked out on the basis of current expectations. Service levels between the purchaser and bidder can be revised after the start of O & M phase in view of experience gained. The experience gained during this period will be used to fine tune the SLAs, including parameters, targets and penalties, if required. Any changes to the levels of services provided during the project period will be requested, documented and negotiated in good faith by both parties. Either party can request a change. Changes will be documented as an addendum to the contract. The SLA has been logically segregated in the following categories: 1. IT Infrastructure service levels 2. Security Management service levels 3. Manpower availability service levels 4. Help desk service levels A. IT Infrastructure service levels This service level will be applicable on following IT equipments which are part of BOM mentioned at Annexure 1 and additional hardware which may be deployed during the project period: 1. Servers as listed in table 1 of Annexure 1 2. Storage and Backup equipments as mentioned in table 2 of Annexure 1 3. Networking equipments as mentioned in table 3 of Annexure 1 4. Security system including fire fighting system as mentioned in table 4 of Annexure 1 S. No Service description Measurement parameter Target Penalty 1. Data Center Uptime calculated for each IT equipment Uptime of an equipment = {1 -[(Equipment downtime)*(sev erity factor) / (Total Time )]} * 100 >=99.75 % < 99.75% and >=97.75 % NA For every 0.25% degradation in the uptime there will be a penalty of 1% of Agreed Quarterly Payment <97.75% For every 0.25% degradation in the uptime there will be a penalty of 2% of the Agreed Quarterly Payment 2. Preventive Maintenance No. of days In last 15 days of the quarter Rs. 1,000/- per day per equipment subject to maximum of Rs.3,000/- per equipment

115 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) Equipment/Services Downtime is the time in hours that the equipment/ Services is not available and excludes planned downtime, which are approved by the and the link failures that are taken from third party. The downtime shall be calculated from the EMS or BMS, as may be applicable. In case, downtime of any equipment/ Services is not available on EMS/BMS, it shall be calculated from the helpdesk. It is clarified that the downtime on account of delay by the OEM in repairing / replacing equipments/ Services for which warranty/maintenance contract already exists (or was taken by / Government) shall not be counted subject to timely call logging for vendor management. Severity factors of each equipments are defined in Annexure 1 Total time is equal to total number of hours in the given quarter Planned Downtime means any time when the equipments is unavailable because of maintenance, configuration/reconfiguration or other services with the prior approval of. Such services may include but are not limited to restarting applications, rebooting servers, applying patches or fixes, reconfiguring storage allocation, reloading data and making DNS & firewall changes to close security holes. B. Security Management service levels This service level will be applicable for security related incidents as follows: S. Service No description 1. Data Center shall be kept free from virus attack 2. Datacenter shall be kept free from denial of service (DoS) attack 3 There shall be no Data theft or loss or compromise of any data hosted at RSDC 4 There shall be no intrusion Measurement parameter Resolution time for each virus attack Number of DoS attacks Number of such incidents Number of such incidents Target hours, as may be decided by, depending upon the severity of the attack Zero Zero Zero Penalty Rs for delay of every 24 hours or it s part Rs per DoS attack Rs per such incident Rs per such incident Virus Attack refers to any virus infection and passing of malicious code and shall be monitored at the gateway level or logged at the help desk system on complaint of virus infection by user. Denial of Service Attack refers to non availability of any services. An incident shall be analysed and forensic evidence examined to check if the incident is due to external DoS attack. Intrusion refers to unauthorized access to networks, systems, services, applications or data, protecting gateways, firewalls, servers, desktops. C. Manpower availability service levels The DCO shall post an on-site full time Project Manager and manpower resources as given below who are dedicated solely to look after the entire operation of the datacenter. The project manager shall coordinate with the designated officer of the tendering authority. DCO shall appoint as many team members, as deemed fit by them, subject to the minimum manpower specified below to meet the SLA requirements. The tendering authority would not be Page 115 of 122

116 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) liable to pay any additional cost for this. DCO shall provide detailed CV of each of the resource being provided to before deployment of the resource at datacenter. Minimum Manpower Resources: Minimum manpower requirement for FMS/O&M of RSDC is defined in the table mentioned below: S. No. Role Working shifts Min. Qualification, 6:00 AM to 9:30 AM to 2:00 PM to 10:00 PM Relevant Experience & 2:00 PM 5:30 PM 10:00 To Certifications (Monda PM 6:00 y to AM Saturda y) Penalty on nonavailabili ty of resource (Per resource per shift) (1) (2) (3) (4) (5) (6) (7) (8) 1. DC Project 1 B.E./B. Tech/Masters 3000 Manager in Computer or IT + 2. Network & Security specialist 3. System Administrator 4. Technical specialist EMS 5. Database Admin - Oracle 6. Database Admin MS SQL 7. Database Admin PostGre & MySQL 8. Storage and Backup MBA/PGDBM, 8 Years' experience including minimum 1 year experience in datacenter, PMP / PRINCE Certified B.E./B. Tech/Masters in Computer or IT, 4 Years relevant experience, CCNA, CCSP/CISSP or equivalent B.E./B. Tech/ Masters in Computer or IT, 4 Years relevant experience, OEM certified L2 engineer on Server, Storage 1-1 B.E./B.Tech/ Masters in Computer or IT, 3 Years relevant experience, OEM certified L2 engineer on EMS 1-1 B.E./B.Tech/ Masters in Computer or IT, 4 Years relevant experience, OEM certified level 2 / B.E./B.Tech/ Masters in Computer or IT, 4 Years relevant experience, OEM certified 1 B.E./B.Tech/ Masters in Computer or IT, 4 Years relevant experience 1 1 B.E./B.Tech/ Masters in Computer or IT, 3 Years relevant experience Page 116 of 122

117 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) S. No. Role Working shifts Min. Qualification, 6:00 AM to 9:30 AM to 2:00 PM to 10:00 PM Relevant Experience & 2:00 PM 5:30 PM 10:00 To Certifications (Monda PM 6:00 y to AM Saturda y) Penalty on nonavailabili ty of resource (Per resource per shift) (1) (2) (3) (4) (5) (6) (7) (8) 9. Helpdesk 1000 Coordinators Graduate/Diploma in Computer Science/IT with 3 Years Relevant experience 10. BMS support Graduate/ Diploma; at least 1 certification of BMS and with BMS Assistant 12. Physical Security Years relevant experience in BMS; Years Relevant experience Years Relevant experience/exservicemen 13. Housekeeping Years Relevant Housekeeping experience 14. Support/ Back Years Relevant office experience, ITIL Knowledge 15. Total : Support will be available on call. The resource shall attend the site in case of need of the project. The above resources except those mentioned in serial number 12, 13 (physical security, Housekeeping) should be on payroll of the DCO. The resources shall be deployed by the DCO to manage the datacenter 24 *7 and maintain the service level requirements. Provisions of leave reserve, providing leaves and other facilities / perks shall be as per DCO s prevailing policies / practices which shall be taken care by DCO without any liability and/or financial implications on the part of Purchaser. The team deployment plan shall be prepared by DCO periodically and shall obtain approval from OIC-RSDC / prior to its implementation. No resource shall be absent without prior permission of the designated authority. Penalty on nonavailability of any resource shall be as under: Sr. No. of absence shifts per Applicable Penalty / Actions role in a quarter 1. > 0 but <= 10 No. of absence shifts x Amount defined in the column 8 of above mentioned table (Minimum Manpower Resources) for given role in a quarter 2. > 10 but <=30 No. of absence shifts x 2 x Amount defined in the column 8 of above mentioned table (Minimum Manpower Resources) for given role in a quarter 3. > 30 Issue of letter of warning and subsequent actions as per terms and conditions of RFP An absence of more than half an hour from the work place, without having permission of OIC-RSDC shall be considered as absent for the shift Page 117 of 122

118 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) Operational Hardware, Software and other resources: The DCO shall deploy sufficient devices like desktops, printers, scanners, multi-function devices etc. for carrying out datacenter operations and monitoring by it s manpower resources deployed. The equipments deployed shall generally not be moved from the place of installation except for the purpose of repair/ maintenance with permission of. Periodic training to concerned persons for procedures to be followed for ISO Certification shall be provided by the DCO at no extra cost. Manpower Change The replacement of resources by bidder after deployment will be allowed (without penalty) only in case, the resource leaves the organization by submitting resignation with the present employer. In case of failure to meet the standards of the purchaser, (which includes efficiency, cooperation, discipline and performance) bidder may be asked to replace the resource without any penalty for replacement/exit. The penalty per resource would be imposed in case of exit/replacement of resource from the project as per the details given below Sr. Resource Type Applicable Penalty when resource is leaving 1. Manpower resources specialized services for D. Help desk service levels Within 1 year of DOJ 10 times of the penalty mentioned in column 8 of above mentioned table Minimum Manpower Resources After 1 year of DOJ 5 times of the penalty mentioned in column 8 of above mentioned table Minimum Manpower Resources The service level standards under this sub section pertain to all services which (i) do not impact the uptime of the equipments mentioned in sub section A above and (ii) are not related to security related services mentioned in sub section B above. Thus, if services are not available because of a virus attack or because equipment is down, penalties under this sub section shall not be applicable. However, penalties may be attracted both under sub section B and sub section D if any of the service mentioned in these subsection are hampered because of shortage or unavailability of manpower. It is further clarified that in some cases breakdown of equipment may generate a service request for restoring services on another equipment and non-compliance of service level for the generated service request may lead to penalties under sub section A and this sub-section. S. No Service description Measurement parameter Target Penalty 1. Various service related to comprehensive onsite maintenance and FMS promptly Resolution time measured as the time taken by the DCO to troubleshoot and fix the problem. Call will be treated as logged immediately 1 hour for incident of severity level 1; 4 hours for incident of severity level 2; 1% of the Agreed Quarterly Payment for every 30 mins (or its part) delay. 0.5% of the Agreed Quarterly Payment for every 60 mins (or its part) delay. Page 118 of 122

119 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) after any incident/ problem occurs/ request made. 8 hours for incident of severity level 3; 0.25% of the Agreed Quarterly Payment for every 120 mins (or its part) delay. It is clarified that the downtime on account of delay by the OEM/maintenance service provider (other than DCO) in repairing / replacing equipments for which either warranty/comprehensive maintenance has not been asked for from the DCO or for which warranty already exists (or was taken by / Government) shall not be counted. Severity levels for some of the services are given as below. reserves the right to define severity levels of services not mentioned below. a. Severity Level-1 : Denial of services /Standard compliance causing outage that impacts more than one user department or application services shall come under severity level 1, however denial of services impacting critical applications or users like Hon ble CM, the Ministers, Secretaries and other senior officials then the incident will also come under Severity level 1. The indicative list of such incidents/ request is as given below: Virtualization system software failure OS failure of machine hosting multiple applications Active directory failure Any problems related to router, switch, SAN and security components to virtualizations Managing the performance of the database WAN/LAN Links down Failure of proper backup schedule Issues related to storage solution Chassis down Defacing of website Data compromised Vendor Management b. Severity Level-2: Denial of services/ Standard compliance causing unavailability of single application will come under severity level 2. Apart from this Spamming, Network latency will also come under severity level 2. The indicative list of such incidents/ request is as given below: Cluster breakdown in DBMS Cluster related problem in application Restore and recover data as requested Tuning server performance Changing group memberships for domain computer Performing Backups Creating administrative scripts for server/users Deploying and upgrading software Managing applications on servers Security-related events RCA of any incident or problem Troubleshooting any reported problems. Page 119 of 122

120 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) Configure, Add, Delete File Systems. Knowledge of Volume management tools like Veritas, LVM. Upload, change contents on ftp sites as per user request Installing and upgrading the database server and application tools Allocating system storage Modifying the database structure, as necessary, from information given by application developers Backup database information Tasks related to archived data Web administration The deployment and instrumentation of web applications The monitoring, error isolation, escalation, and repair of problems Configuring load-balancing and working with networks to improve the reliability and reduce the latency of the system. Measuring the impact of changes to content, applications, networks, and infrastructure LAN connectivity as per requirements for server/workstations IPS/IDS Policy updating as per new kind of intrusion detection Configuration related task for Firewall Installation, configuration & rollout of new Network and security devices Resolve any storage shortages Alert and resolve any performance issues and notify end-users Work related to storage requirements Monitor current storage environment Determine allocation of different storage types Perform any host-level tasks need to access new storage Deadlock problem on DBMS Index management in DBMS Restoring backup in production Power failure on one PDU Power usage above threshold Disk space management Authorization failure trap Website down Website unreachable Security of SDC premise c. Severity Level-3: Denial of services/ standard Compliance causing unavailability of services for individual will come under this severity level. Apart from this performance issues causing slow services for application should come under severity level 3. Services which do not impact user but are desirable will also come under severity level 3. The indicative list of such incidents/ request is as given below: OS deployment Web hosting Patch installation Acting on incidents which crosses threshold (TMP/Storage space) H/W up gradation Antivirus updates Data archival, Data restoration Planned Maintenance activities User Management Backup policy Page 120 of 122

121 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) Microcode upgrades Monitoring SAN fabric / Storage / Backup events & respond to events crossing threshold limits Adding new device to Fabric Preliminary maintenance of datacenter equipments Passive cable component connecting the above equipments etc. Minor repairs of Physical Infrastructure components like breakage of tiles etc Timely payment of dues/ fees for electricity, licenses, subscriptions, etc. All surcharge/ penalties etc. imposed due to non-payment/ late payment to service providers shall be borne by DCO. Cleaning of SDC premises. Failure of Help Desk Services Hosting applications on servers Adding server in domain Installing and configuring new hardware and software. Changing group memberships for domain user Creating logon scripts Reporting server performance Assigning remote login permissions Applying operating system updates, patches, and configuration changes. Adding, removing, or updating user account information, resetting passwords,etc. Answering technical queries and assisting users. Management agent lost Documenting the configuration of the system. System performance tuning. Creating new ftp account and urls on ftp Change password for ftp users Change ftp permissions User addition Modify user access to the database Generating various reports by querying from database as per need. Regulation and management of access rights of different users of a website The appearance and setting up website navigation Content placement Performing performance management, availability reporting, and other administration Signature update on IPS/IDS Update the inventory detail & documentation Update of Network connectivity and layouts IOS up gradation Work with existing programmers, DBAs to optimize storage Facilitate off-site storage of tape Availability, Reporting on status,capacity planning of storages reporting storage growth High CPU or memory utilization Procedure creation on DBMS Table management in DBMS Sequence management in DBMS Page management for OS Uploading pages on web Providing backup Page 121 of 122

122 : Setting up and Maintenance Support of Cloud Enablement infrastructure in (RSDC) (After Prebid) Restoring backup in testing or staging User, account and group management Form or page updation on webs Access card related issue AC servicing IP management Application migration AC power failure BMS device servicing Warning alarms SYSLOG event occurred Penalty Capping: Total penalties except those defined in (C): Manpower availability service levels shall not be higher than 50% of Agreed Quarterly Payment for respective quarter whereas total penalty including penalties towards Manpower availability service levels shall not be higher that the Agreed Quarterly Payment for respective quarter. Page 122 of 122