Department of Registration, Excise and Prohibition ...registration.bih.nic.in/Notices/NB-01-26-02-2016.pdf16 Keltron Experience Ongoing projects shall also be considered Accepted

Department of Registration, Excise and Prohibition, Government of Bihar

Reply to pre-bid queries

Based on the written queries received by the department and the pre-bid meeting held on 24 February 2016 at the department with reference to

RFP No. BISCORE (Scanning)-2016/01, the replies are as below:

S No Organization Section of RFP Query Clarification

1 Webel General Please provide the total no. of documents

It has already been provided as approximately 1 crore deeds

2 Webel General Whether consortium is allowed? Consortium is not allowed.

3 Webel General

No. of documents per day is 1000 and based on that the department has asked for 30,000 deeds per month. Since working days are less, clarification is required.

It is the average no of documents per day. It is bidder's responsibility to meet 30,000 documents per month target.

3 HP General Whether sub-contracting is allowed? Yes.

4 HP General Are we bound to scan the documents by book scanners only?

Not mandatory. However, the safety of the documents is bidder's responsibility.

5 HP General Will the experience of group companies be allowed?

No. Experience of a parent company may be allowed if the subsidiary is bidding

6 HP General Request you to limit the penalties to one time of the contract value

Accepted. Penalties in total shall not exceed one time the value of the project.

7 iSoft Financial Bid

Financial quotes may be asked per deed with two quotes with one quote for deeds before the year 1995 and another for deed for the year 1995 and later

Bidders are advised to bid as per the updated format.


8 Netlink General What is required for establishing value of the project?

1 The following are required: Work Order

2 If the work order is not showing project value, the CA certificate must be attached certifying the project value.

9 Madras Printers Pre-qualification CMMi level 3 requirement shall be waived off for more competition

Accepted.

11 Mothersumi General Consortium may be allowed Not allowed.

12 MTCPL Pre-qualification CMMi level 3 requirement shall be waived off for more competition

As above

14 Keltron Pre-qualification PSU exmptions for CMMi level 3, ISO 27001 and EMD

PSUs and Govt entities may be allowed the following waivers as bidders: 1 CMMi level 3 certification not

required. 2 EMD of Rs. 30 Lakhs is not required

to be submitted. 3 ISO 27001 certification not

required. However, in case the PSU/ Govt entity sub-contracts the work to an external agency, the agency must be ISO 27001 certified.

15 Keltron Penalties Penalty terms are too severe, may be relaxed

Not accepted.


16 Keltron Experience Ongoing projects shall also be considered

Accepted. However, the value of the project only in proportion to the work completed shall be accepted. Value of work completed shall be certified by the CA of the company.

17 Keltron Payment Payment Milestones to be revised to monthly payments

Not accepted.

18 Keltron Financial Bid In view of impending changes in tax structure, financial quote may be asked exclusive of taxes

Partially accepted. The bidders are advised to quote as per prevailing tax rates. However, after the contract is finalised, the agency is allowed to invoice as per prevailing tax rates.

19 Keltron General What is the language of the deeds?

The languages English, Hindi, Kaithi, Urdu etc. are dominant and bidders are advised to build in the cost of translators in their financial quotes.

20 CBSL Financial Bid

Financial quotes may be asked per deed with two quotes with one quote for deeds before the year 1995 and another for deed for the year 1995 and later

As above

21 KW Consulting General Exemption of EMD for MSME and tender fees

Accepted, subject to relevant proofs being provided

22 Newgen 6.1.2 Specify the no. of scanning stations required as well as no. of users that will be involved in the activity

Scanning shall be done at 38 District headquarters. The effort estimation is to be carried out by the bidder.

23 Newgen 6.1.3

We wish to propose a COTS based solution which can be configured as per the requirement of the department.

Allowed.


24 Newgen 6.1.3

Clarify "The workflow will have provision for entering index data in two stage as according to the digitization workflow specified earlier

The data entry shall be done through both hard copy and soft copy.

25 Newgen 6.1.3

Request the department not to keep mandatory features such as word stemming, intuitive searching and proximity searching

Please read the clause as "Search and Retrieval

There should be provision for browser based search and retrieval

The Search function should be operable on various criteria such as name, address, and other property details.

The search should have multilingual features (English and Hindi)"

26 Newgen 6.1.3

Our understanding is that the Department will be given the IPR and the source code for the customised application and not the source code of the base product in case of COTS solution.

Yes.

27 Newgen 6.1.3 Clarification of online help. Newgen can provide a helpdesk for logging an issue

Accepted.

28 Newgen 6.1.3

Kindly provide the number of users (Total as well as concurrent) retrieving and accessing the documents from the application

Approximately 500 users with 150 concurrent users at a time.


29 Emdee Digitronics Pvt. Ltd

4.1 Request to clarify whether CMMi level 3 will be considered or not

As above

30 HCL General You are requested to change this clause as the bid will be valid for 90 days from the date of submission

Not accepted.

31 HCL General

You are requested to extend date of Submission till 29 March 2016 , Sir, due to some valid reasons we need date extension The reasons are as follows: • To do a detailed study of the scope • Add points for optimized solution • Mitigate risks for the success of the project

Submission date extended up to 9th March’ 2016.

32 HCL General We request to Calrify regarding available infra at sites e.g. electricity / space/ connectivity

Electricity & Space shall be provided by Department. But Bidder has to arrange the connectivity where the office network is not available.

33 HCL Liquidated Damages

In the event of the Seller's failure to submit the Bonds, Guarantees and Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as specified in this contract, the Buyer may, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the

Not accepted.


contract price of the delayed/undelivered stores/services mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated Damages being not higher than 5% of the value of delayed stores.

34 HCL Penalty

Notwithstanding anything to the contrary contained in the Contract, if the System Integrator is not able to maintain the service level standards, then the System Integrator is liable to Penalty, only if the shortfall is for reasons solely attributable to a default by the System Integrator (excluding force majeure). Payment of Penalty by the System Integrator shall fully satisfy the ITD in respect of failure of the System Integrator to maintain the service level standards and no further amounts shall be claimed by the ITD for damages or compensation from the System Integrator in respect thereof. However, overall penalty shall not exceed 2% of the Contract value. Penalties and Liquidated Damages shall not run concurrently for the same cause.

Not accepted.

35 HCL Limitation of Liability We request this clause to be amended as follows:

As mentioned above


The bidder's aggregate liability under this Agreement in respect of any or all claims arising under this Agreement shall not exceed the 10 % of the total cost of the project. bidder shall not be liable for any special, indirect, incidental or consequential damages of any kind including but not limited to loss of use, data, profit, income, business, anticipated savings, reputation, and more generally, any loss of an economic or financial nature, whether these may be deemed as consequential or arising directly and naturally from the incident giving rise to the claim.

36 HCL Site Not Ready

In order to enable the bidder to commence work and meet its obligations under the contract, ITD shall be responsible for acquiring and providing physical possession of the site and access thereto, and also all other areas reasonably required for the proper execution of the contract and making the site ready complete in all respect in accordance with the System Integrator’s specifications for site readiness. ITD agrees that the bidder shall not in any manner be liable for any delay in supply of goods/equipment and provisioning of Services under the terms of this

If the site is not ready bidder shall take a declaration from the Department.


contract, if such delay is attributable to ITD's failure to make the site ready within seven (7) days of bidder's direction in this regard.

37 HCL Deemed Acceptance

The goods/equipment which requires acceptance test shall be deemed to be accepted (without requiring supporting signatures of ITD), for the purpose of release of payment and for start of the warranty period and otherwise, on occurrence of any one of following events, whichever occurs earliest: a. if ITD fails to conduct or attend the acceptance test or does not provide a written notice of any rejection/confirmation of acceptance test, within seven (7) days from the date of Test readiness notification by the System Integrator, or b. if ITD puts the goods/equipment into operational/ productive/ normal use prior to successful acceptance test, or c. if goods/equipment has been installed but, due to reasons beyond the control of the System Integrator, it has not been possible during a period of fifteen (15) days from the date of notice by the System Integrator, to proceed with the acceptance tests .

Not relevant to this RFP


38 HCL Penalty

Notwithstanding anything to the contrary contained in the Contract, if the System Integrator is not able to maintain the service level standards, then the System Integrator is liable to Penalty, only if the shortfall is for reasons solely attributable to a default by the System Integrator (excluding force majeure). Payment of Penalty by the System Integrator shall fully satisfy the ITD in respect of failure of the System Integrator to maintain the service level standards and no further amounts shall be claimed by the ITD for damages or compensation from the System Integrator in respect thereof. However, overall penalty shall not exceed 2% of the Contract value. Penalties and Liquidated Damages shall not run concurrently for the same cause.

Not accepted.

39 HCL Change of Tax

In case any national or state statute or any local law or regulation or by-law of any duly constituted authority is changed or comes into force after the date of the signature of the Contract and results in extra costs for the operator in relation to the provision of the goods delivered and/or Services rendered or the execution of the work or any temporary work, the consequential

As mentioned above


effect shall be to the account of the Customer and the same shall be borne by the Customer or the benefit shall be passed on to the Customer, as applicable.

40 HCL Interest on Delayed Payment and suspension

Customer shall release the payment due to the operator on or before the due date. Late payments shall automatically bear interest at an annual rate equal to 18% per annum for the relevant delayed period, calculated from the date due until date of full payment. In the event Customer fails to pay any amount to the Bidder on the due date, then and without prejudice to the exercise of any other rights or remedies which may be available to it and without incurring any penalties or liabilities, Bidder shall be entitled to suspend performance of its obligations under the Contract, following written notification to Customer, until realization of full outstanding amount in respect of the goods delivered and the services rendered and not paid for. In the event of suspension by Bidder of the contract, the time schedule shall be automatically extended for the actual duration of the suspension and Bidder shall be reimbursed by Customer for any damage or

Not accepted


additional cost incurred as a result of such suspension.

41 HCL Transfer of Title

Title in the IT & Non-IT Infrastructure (except software) deployed in the Project shall pass on to and vest in Customer once the full payment has been received by Bidder. Customer shall not dispose off, encumber, mortgage, pledge, assign by way of security or otherwise charge the IT & Non-IT Infrastructure deployed in the Project until it has paid Bidder in full compliance with terms of this contract.


42 HCL EXCHANGE RATE VARIATION (ERV) CLAUSE

The price in respect of products / services listed under item nos. ----------------------(Operation to fill the items no.of the Goods/ Software importing in dollars) are based on Foreign Exchange rate of US$ 1 = INR _____ (the “Base Rate”) (please specify the exchange rate). The Parties acknowledge that the Specified Items to be supplied are dependent on imports. The Parties agree that the prices quoted shall be increased or decreased if the ERV (as defined below) is more than 2% by applying such percentage which is in excess of 2% of Base Rate.



The exchange rate variation (ERV) percentage shall be calculated as a percentage increase / decrease signified by the difference in the Current Rate and the Base Rate over the Base Rate, calculated as follows: Current Rate (-) Base Rate --------------------------------------------------------- x 100 Base Rate NOTE: 1. “Current Rate” shall mean SBI’s US$ TT Selling Rate on the date of despatch (or the immediately preceding business day in case Forex markets in India are closed on the date of despatch). In case the ERV % is up to 2%, then there will be no change in the quoted prices. If the exchange rate variation (ERV) is more than 2%, then price for Specified Items shall stand increased / decreased by the ERV% in excess of 2%. Accordingly, the sale price duly adjusted in accordance with above provisions shall be invoiced to the Buyer by suppplier.

43 HCL Force Majeure The Supplier shall have no liability for any failure to perform, or delay in performance of its obligations due to

Accepted. Will be included as Addendum.


governmental decision, war (including acts of terrorism and warlike acts, even if no formal state of war has been declared), civil or military uprising, sabotage, fire, flood, droughts, monsoon, natural calamities, epidemics, quarantine restrictions, disturbance in supplies from normally reliable sources (including, but not limited to electricity, water, fuel and the like), strike and lockout or any other event which is beyond its control. The Supplier shall promptly notify the Bank of any delay caused by Force Majeure. If the delay resulting from Force Majeure exceeds three (3) months, either Party may cancel the unperformed part. Payment shall remain due for the performed part, and the Parties shall promptly settle their accounts accordingly.

44 HCL Liquidated Damage

The RFP to be given for testing and acceptance and / or delivery and installation at site is to be strictly adhered to in view of the strict time schedule for implementation of various projects. Any unjustified and unacceptable delay in delivery beyond the delivery schedule as per purchase order (which shall not be more than four weeks for all items from the date of purchase order) will

Not Accepted


render the Bidder/Manufacturer liable for damage at the rate of 0.5% (half percent) per week subject to a maximum of FOUR weeks, two (2%) and thereafter Exise and Registration Dept. Ltd. holds the option for cancellation of the order for pending supply, and procure the same from any other Manufacturer, forfeiting the EMD/Security deposit of the Vendor and blacklisting of firm with Exise and Registration Dept. /Govt of Bihar future transaction. Also, Exise and Registration Dept. ltd. has option to procure the items from alternate source at the risk and cost of the defaulting Vendor. Such cost shall mean cost at which alternative arrangements shall be providing the undelivered goods and/ or services of equivalent specification to Exise and Registration Dept. under this project minus the cost on which the Bidder agreed to provide the undelivered goods and/or services under this project. Provided further that the Bidder shall not be liable to Excess Cost in excess of (ten) 10 percent of the price of undelivered goods or services for which such option is exercised by Exise and Registration Dept..


45 HCL General

All disputes arising out of this agreement and all questions relating to the interpretation of this agreement shall be decided by the courts in Patna. Excise and Registration Dept. and the decision of the Excise and Registration Dept. Shall be final. In witness whereof the parties hereto have set their hands on the Date of Agreement.

Accepted. Please read the clause as ”All disputes arising out of this agreement and all questions relating to the interpretation of the agreement shall be decided by the courts in Patna”

46 Nevaehtech Section 4.1, sl no 1 We being a firm affiliated to NSIC, we seek exemption of submitting EMD

Accepted, subject to relevant proofs being provided

47 Nevaehtech Section 4.2, Past Experience of

the responding firm, b) manpower provisioning

We have executed projects of similar scale and will be referring them referred them in point (a). In all these projects we provided project management, infrastructure, and also manpower. So will provide same examples in (b) as in (a). Pl confirm that this is ok.

As per RFP

48 Nevaehtech P24

Compatibility with other applications currently being run by the department using standard interfaces. Need details about other applications

Not Applicable

49 Nevaehtech P26 section 6.1.9 Is WAN available at the district and sub offices for remote data uploading

As mentioned above


50 Nevaehtech P27 section 6.1.12

Bidder has to arrange all necessary facilities not limited to electricity, power back up, water, cleaner, computers & other hardware on his own

As mentioned above

51 Nevaehtech P28, section 6.1.13

Penalty for per record will be charged against the loss or damage of record. How will be the penalty calculated?

The nature of the record varies significantly across the year. Hence the quantum of the penalty will be decided by the respective registry offices. In case the penalty amount is not accepted to the bidders, the bidder may file a representation in front of IG Registration to decide the penalty.

52 Nevaehtech P28, Please Note I

.. required to attach the scanned copy of original records .. This means printing, how much % of scanned records are to be printed

As per RFP

53 Nevaehtech P28 Section 6.3

Approximate Quantum of work “…uploading of the entire data is proposed at the HQ data centre (in offline mode)…” What is meant by offline mode, post implementation how will sub/district offices access data at HQ site

Bidder needs to copy the data in a secured Pen drive/Hard disk and upload the data at HQ.

54 Nevaehtech P27, section 6.3

Approximate Quantum of work

Do the figure mean per unit volume? (1.5 lakh for EACH of the districts of zone 1)

How many years before 1995? For zones 1 through 5

Zones 1, 3 not required after 1996?

The Quantum of work Shall be zone wise. Bidder has to start work down the year till the volume of work defined in the RFP is obtained.


55 Nevaehtech P29, section 6.5

Payment and penalties “..minimum 1000 documents per day..” “ .. index minimum 300 documents per day..” Do this mean 1000 per site OR all sites put together?

1000 documents per day per District.

56 Nevaehtech P39, sl 6 Will training be centralized or at location, who will provide training infrastructure

Training of the trainers (ToT) at District Head Quarters (38 locations). The Basic infrastructure like scape for training etc. shall be provided by the Department. On an average 5 people should be trained at each location. The training modules/manuals to be designed by the bidder.

57 Somnetics General How many Concurrent users and Registered users for Document Management Software?

As mentioned above

58 Somnetics General The server will be provided by whom?

The Server will be provided by the Department.


59 Somnetics General What is the storage capacity of the server?


60 Somnetics General From which year the backlogs of old documents are to be digitized?

As mentioned above

60 Somnetics General What is the hard copy document size? Ratio of A4, Legal and A3 or more.

As advised in the RFP.

61 Somnetics General What are the indexing parameters? As advised in the RFP.

62 Wipro 5.2 Right to split the volume of work

Requesting Department to drop this section as it will not be possible to plan the cost and schedule considering this section and it will be loss to SI

Not Accepted


63 Wipro 6.1 Pre-Computerization (Year 1996-2005)

Uploading scanned image and data on Database Server in the Data Centre (offline) - This line item is not clear, kindly explain in detail as how DC will be offline and data will be uploaded from all locations in Offline mode.

As mentioned above

64 Wipro 6.1.1 Batch This section is having conflict with other sections of RFP, kindly rectify it.

Accepted. Please read the clause as ”A batch is defined as 1000 deeds to be scanned per day per site”.

65 Wipro 6.1.2 Setting up scanning infrastructure

Requesting you to make Digitization Activity as Centrally in Patna for quality, speed and cost perspective

Not accepted

66 Wipro

6.1.2 Setting up scanning infrastructure -- scan type should be - book scanner with the speed of 10 PPM), power back-up comprising generators and UPS, computers

10 PPM for Old records will be too high considering their size and ageing, requesting for dropping this clause and keep Timelines as benchmark to access the work done etc.

If the defined no. of deeds scanning and indexing is met by the bidder then this clause may not be considered.

67 Wipro

6.1.2 Setting up scanning infrastructure-- scan type should be - book scanner with the speed of 10 PPM), power back-up comprising generators and UPS, computers

Kindly confirm location wise Power availability for better sizing for Power Back-up

As mentioned above


68 Wipro

6.1.3 Develop customized application -- Indexing -- Sample fields for indexing for documents before 1990:

Kindly share Indexing fields count for all the year for SOW

For the years after 1990, the indexing fields shall be adopted from the same exercise carried out earlier and the no. of fields are approx. 50. Sample has been provided for the years before 1990.

69 Wipro 6.1.3 Develop customized application -- Indexing -- (3) Party Details

In case of multi-party under "(3) Party Details" then count of Index fields will go over 30; how to factor those cases?

Wrong interpretation as the party details to be entered in rows not columns

70 Wipro 6.1.3 Develop customized application -- Indexing --

30+ Fields indexing per Document or its per page?

It is clarified that “Indexing per document”.

71 Wipro 6.1.3 Develop customized application -- Indexing --

30+ Fields indexing per Document will put heavy load and performance will be affected, requesting department to relook at ask of Indexing fields.

Not considered

72 Wipro

6.1.3 Develop customized application -- Handholding - provide handholding support to Registration Department officials for querying, retrieving and other required operations till 6 months

To how many users Handholding has to be provided and at which all locations? Kindly share location wise breakup

One resource per district/site.


73 Wipro

6.1.3 Develop customized application -- documents to be scanned may vary in size i.e. A4, A3 and 18 inches X 12 inches.

Kindly share location wise volume break-up with Page Size

As mentioned above

74 Wipro 6.1.5 Document preparation Kindly explain this point - The partner should satisfy itself that the books cannot be unbound

If the partner unbounds the books, then it is the responsibility of the partner to re-bind it.

75 Wipro 6.1.6 Scanning -- The scanning should produce documents in colour

What is the ratio of Color and B&W Pages volume?

As per RFP

76 Wipro 6.1.12 Location of work Kindly confirm the location count as that will have direct impact on overall plan and cost

38 locations/districts/sites

77 Wipro

6.1.13 Loss of data-- The bidder should not accept illegible record. Non-readable record at the time of returning of the data will be considered as damaged record.

Requesting department to drop this section.

Not accepted


78 Wipro

6.3 Approximate Quantum of work -- The total number of documents to be scanned shall be approximately 1 crore with each document containing approximately 5 pages.

So shall we consider volume as 1 Crore x 5 Pages = 5 Crores Pages?

As mentioned above

79 Wipro

6.3 Approximate Quantum of work -- Table (Number of Indicative Documents*)

What is year cut-off for volume associated with -Number of Documents (Before 1995)? Age factoring of Paper is a critical steps hence absolute clarity is required

As mentioned above

80 Wipro 6.5 Payment and penalties The minimum count is applicable as a whole or its per location/district wise?

As mentioned above

81 Wipro 6.5 Payment and penalties This has to be relaxed considering very old papers and related activities

As mentioned above

82 Wipro 7.1 Data Digitization Activities Formula for %Accuracy - Accuracy per batch (%) = (X*100)/(Y*N) is not correct, kindly check and revise

Please read the clause as “Errors per batch (%) = (X*100)/(Y*N)”.


83 Wipro 8.11 Form 9: Team Composition -- 3 years Resources for scanning and digitization

Requesting you to lower the criteria to 10th Pass considering the activities associated

Not accepted

84 Wipro

6.1.3 The partner would also need to impart training to the local departmental officials on the features and usage of the application.

Where are the trainings expected to be delivered and at how many locations? What are the total no. of users to be trained? What is the batch size for training? How many days of training to be provided to each batch? Do all the locations have the required infrastructure for training such as venue, desktops, projectors, white board/screens, connectivity, etc. Is the training to be delivered in English or Hindi or both? Training manuals to be provided should be in English or Hindi or both? Is there a need for assessment also post the trainings? Will the Paper based assessment be ok?

As mentioned above. Training to be delivered in both English and Hindi. Manual to be prepared in both English and Hindi. Paper based assessment shall be done.


85 Wipro

6.1.3 The partner would also needs to provide handholding support to Registration Department officials for querying, retrieving and other required operations till 6 months after passing over the application to the Registration department.

Is the handholding required to be done through a dedicated resource at each location? How many days of Handholding to be provided at each location? What is expected as part of the handholding process?

As mentioned above

86 Wipro

e) The EMD may be forfeited: A. If a bidder withdraws its bid during the period of bid validity. B. In case of a successful bidder, if the bidder fails to sign the contract in accordance with this RFP.

Please delete the point B Not accepted

87 Wipro

For all the above, the Completion Certificate of the projects completed in the last 5 years (as on 31 March 2015) need to be provided (issued to the responding firm by the respective customers)

Without completion certificate keeping in mind confidentiality obligation with other customers

In such case CA certificate along with the Work Order may be provided.

88 Wipro

I. BISCORE will require the selected bidder to provide a Performance Bank Guarantee, within 15 days from the Notification of award, for a value equivalent to 10% of the total cost of ownership.

I. BISCORE will require the selected bidder to provide a Performance Bank Guarantee, within 15 days from the signing of the agreement, for a value equivalent to 10% of the total contract value.

Accepted. Please read the clause as “BISCORE will require the selected bidder to provide a Performance Bank Guarantee, within 15 days from the signing of the agreement, for a value equivalent to 10% of the total contract value”.


89 Wipro

The Performance Guarantee shall contain a claim period of three months from the last date of validity. The selected bidder shall be responsible for extending the validity date and claim period of the Performance Guarantee as and when it is due on account of non-completion of the project and Warranty period. In case the selected bidder fails to submit performance guarantee within the time stipulated, BISCORE at its discretion may cancel the order placed on the selected bidder without giving any notice.

The Performance Guarantee shall contain a claim period of one months from the last date of validity. The selected bidder shall be responsible for extending the validity date and claim period of the Performance Guarantee as and when it is due on account of non-completion of the project and Warranty period.

Not Accepted

90 Wipro

I. Failure of the successful bidder to agree with the Draft Legal Agreement and Terms & Conditions of the RFP shall constitute sufficient grounds for the annulment of the award, in which event BISCORE may award the contract to the next best value bidder or call for new proposals from the interested bidders

I. Failure of the successful bidder to agree with the Draft Legal Agreement and Terms & Conditions mutually agreed shall constitute sufficient grounds for the annulment of the award, in which event BISCORE may award the contract to the next best value bidder or call for new proposals from the interested bidders

Accepted. Please read the clause as “Failure of the successful bidder to agree with the Draft Legal Agreement and Terms & Conditions mutually agreed shall constitute sufficient grounds for the annulment of the award, in which event BISCORE may award the contract to the next best value bidder or call for new proposals from the interested bidders”.

91 Wipro

Payments shall be made of quarterly basis on achieving the SLA levels as per certification of the department

Payments shall be made of quarterly monthly basis on achieving the SLA levels as per certification of the department. All invoices raised shall be payable within 15 days from the date of invoice. All invoices shall be deemed to be accepted unless

Not accepted


disputed within 7 days from the date of receipt of invoice. If BISCORE fails to pay the fees and other payments within the stipulated time, it shall be liable to pay interest at 1.5% per month on such amount of fees and payments that have become due.

92 Wipro

25% of scanning /digitization cost of erroneous records. Also Agency will have to correct an incorrect record at no extra cost

5% of scanning /digitization cost of erroneous records. Also Agency will have to correct an incorrect record at no extra cost

Not accepted

93 Wipro

Payment on actuals shall be made based only if 95% target is achieved daily. Rs. 10000/- penalty to be imposed per percentage drop below 95% till 90%

Payment on actuals shall be made Rs. 10000/- penalty to be imposed per percentage drop below 95% till 90% The aggregate penalty that can be deducted in the quarter shall be restricted to a maximum of 5% of the service charges payable to selected bidder for that quarter Request to delete

Not accepted

94 Wipro

We hereby declare that all the information and statements made in this Technical bid are true and accept that any misinterpretation contained in it may lead to our disqualification.

We hereby declare that all the information and statements made in this Technical bid are true to the best of our knowledge and accept that any misinterpretation contained in it may lead to our disqualification.

Accepted. Please read the clause as “We hereby declare that all the information and statements made in this Technical bid are true to the best of our knowledge and accept that any


We undertake, if our Proposal is accepted, to initiate the Implementation services related to the assignment not later than the date indicated in Fact Sheet. We agree to abide by all the terms and conditions of the RFP document. We would hold the terms of our bid valid for 180 days as stipulated in the RFP document.

We undertake, if our Proposal is accepted, to initiate the Implementation services related to the assignment not later than the date indicated in Fact Sheet. We agree to abide by all the terms and conditions mutually agreed upon. We would hold the terms of our bid valid for 180 days as stipulated in the RFP document.

misinterpretation contained in it may lead to our disqualification. We undertake, if our Proposal is accepted, to initiate the Implementation services related to the assignment not later than the date indicated in Fact Sheet. We agree to abide by all the terms and conditions mutually agreed upon. We would hold the terms of our bid valid for 180 days as stipulated in the RFP document”.

95 Wipro 8.16 Form 14: Declaration on Source Code and Intellectual Property Rights

Request to delete Not Accepted

96 Wipro 8.20 Form 18: Undertaking on Deliverables

Request to delete Not Accepted

97 Wipro 8.21 Form 19: Undertaking on Support to Third Party Solution acceptance and certification

Request to delete Third Party Solution acceptance and certification may not be provided


98 Wipro

1. I/We hereby undertake that at the time of completion of our engagement with the Department, either at the End of Contract or termination of Contract before planned Contract Period for any reason, we shall successfully carry out the exit management and transition of this Project to BISCORE or to an agency identified by BISCORE to the satisfaction of the Department.

1. I/We hereby undertake that at the time of completion of our engagement with the Department, either at the End of Contract or termination of Contract before planned Contract Period for any reason, provided that such period shall not exceed 30 days, we shall successfully carry out the exit management and transition of this Project to BISCORE or to an agency identified by BISCORE to the satisfaction of the Department. Further, BISCORE agrees to pay us for services rendered during such period.

Not accepted

99 Wipro Taxes and Duties

In case of any new taxes or levies being attracted to the transaction after the date of submission of response by selected bidder or if any existing taxes or levies are changed thereafter, the same shall be borne by BISCORE.

As mentioned above

100 Wipro Termination

To be added: Termination : Either Party shall have the right to terminate this Agreement at any time: a. without cause and for convenience– on the delivery of ninety (90) calendar days’ prior written notice to the other Party. b. with cause – in the event that the other party commits a material

Not accepted


breach of the Agreement and fails to cure such default to the non-defaulting party’s reasonable satisfaction within thirty (30) days (or fifteen (15) days in the event of non-payment by the BISCORE) Upon expiration or termination of this Agreement all rights and benefits granted by this Agreement shall revert to the respective Parties; and all amounts due to selected bidder (including any agreed upon demobilization and transitioning charges, plus fees for the applicable notice period irrespective of whether BISCORE requires selected bidder’s services during such period) up to the effective date of termination shall be immediately payable. There shall be no charges for termination of orders or for Services not yet provided and selected bidder shall not be held liable for the same

101 Wipro Limitation of Liability

Notwithstanding anything contained herein, neither Party shall be liable for any indirect, punitive, consequential or incidental loss, damage, claims, liabilities, charges, costs, expense or injury (including, without limitation, loss of use, data, revenue, profits, business and for

As mentioned above


any claims of any third party claiming through selected bidder) that may arise out of or result from this Agreement. The aggregate liability of selected bidder under this Agreement, shall not exceed the fees received by selected bidder under this Agreement during the three months preceding the date of such claim.

102 Wipro Confidentiality

Neither party shall, without the prior written approval of the other party, disclose the other Party’s designated confidential information, and shall take all necessary steps to ensure that its employees, agents and sub-selected bidders do not disclose the other party’s confidential information. The confidentiality obligation of BISCORE and selected bidder shall continue for one (1) year after the expiry/ termination of this Agreement

Not accepted. May be re-looked at the time of contract signing.

103 Wipro Non-Solicitation

During the term of this Agreement and for a period of one year thereafter BISCORE shall not, directly or indirectly, hire or solicit for hire, any of the personnel engaged by selected bidder, without the prior written consent thereof from selected bidder. Thus, the BISCORE agrees to the entry of an injunction against it in the event of actual or

Not accepted


threatened breach of its obligations hereunder, and acknowledges such relief shall be in addition to such other and further relief as may be available to selected bidder at law or in equity

104 Wipro Site Not Ready

BISCORE shall be responsible for timely site readiness. BISCORE agrees that selected bidder shall not be in any manner liable for any delay arising out of BISCORE's failure to make the site ready within the stipulated period.

As mentioned above

105 Wipro Force Majeure

Neither party shall be liable for any failure or delay in performance resulting directly or indirectly from causes beyond its reasonable control due to act of God, war declared, negligence by BISCORE, civil or political disturbance, lock-outs, drought, floods, fire, theft, accidents and other exceptional circumstances (“Force Majeure”) and the obligation of the affected party under the Agreement shall stand suspended during the currency of such Force Majeure event. In such a situation the affected party shall promptly notify the other Party of the event and both parties shall discuss the course of action to be taken afterwards.

As mentioned above


106 Wipro Change Order

Either party may request a change order (“Change Order”) in the event of actual or anticipated change(s) to the agreed scope, Services, Deliverables, schedule, or any other aspect of the Statement of Work. Selected bidder will prepare a Change Order reflecting the proposed changes, including the impact on the Deliverables, schedule, and fee. In the absence of a signed Change Order, selected bidder shall not be bound to perform any additional services.

May be re-looked at the time of contract signing.

107 Wipro Arbitration

If any dispute or difference arises out of or relates to this Agreement and such dispute or differences cannot be resolved by the Parties, either Party shall, within thirty (30) days from the occurrence or failure to reach consensus, give the other Party notice in writing of the existence of such a dispute, specifying its nature and the issue and the Parties shall proceed to resolve such matter by arbitration; The arbitration shall be conducted or adjudicated by sole arbitrator mutually appointment for purpose herein. All arbitration proceeding shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 including the rules there

Accepted. Please read the clause as “Any dispute or difference whatsoever arising between the parties to this Contract out of or relating to the construction, meaning, scope, operation or effect of this Contract or the validity of the breach thereof shall be referred to a sole Arbitrator to be appointed by mutual consent of both the parties herein. If the parties cannot agree on the appointment of the Arbitrator within a period of one month from the notification by one party to the other of existence of such dispute, then the Arbitrator shall be appointed by the High Court of Patna, India. The provisions of the Arbitration and Conciliation Act, 1996 will be applicable and the award made there


under and any statutory modifications thereof. The arbitration proceedings shall be conducted in English language and the arbitration proceedings shall be held in Bangalore. The decision of the arbitrator(s) shall be final and binding.

under shall be final and binding upon the parties hereto, subject to legal remedies available under the law. Such differences shall be deemed to be a submission to arbitration under the Indian Arbitration and Conciliation Act, 1996, or of any modifications, Rules or re-enactments thereof. The Arbitration proceedings will be held at Patna, India. Any legal dispute will come under the sole jurisdiction of Patna, India”

108 Wipro Sub-contracts

Selected bidder may subcontract or permit anyone other than selected bidder personnel to render the services or any part thereof under this Agreement or any Statement of Work issued hereunder, provided however that selected bidder shall be responsible for the performance of the sub-contractor and agents so appointed.

Accepted. Will be included as Addendum.

109 Wipro Savings Clause

Selected bidder’s failure to perform its contractual responsibilities, to perform the services, or to meet agreed service levels shall be excused if and to the extent Selected bidder’s performance is effected, delayed or causes non-performance due to BISCORE's omissions or actions whatsoever.

May be re-looked at the time of contract signing.