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S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
1 17 4.1.C.2 2) Roles and Responsibilities of other
Stakeholders
We assume that the adequate space and infra would be provided by RISL
for the FMS staff depolyed by selected bidder.
Sitting Place will be provided by
RISL/DoIT&C. Please refer Pg. No 53
of RFP for Infra.
2 41 26.d Extension in Delivery Period and Liquidated
Damages (LD)
can you please guide the %age of LD is on propotionate pending portion
of the associated services for the quarter or total value for that quarter
As per revised RFP
3 44 35.c c) Termination for Convenience It is requested to kindly delete below clause:
RISL, 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
As per RFP
4 49 7.2.A 7. SPECIAL TERMS AND CONDITIONS OF
TENDER & CONTRACT
2) Service Level Standards/ Requirements/
Agreement
A. IT Infrastructure service levels
It is requested to kindly reword as :
< 99.75% and >=97.75%---For every 0.25% degradation in the uptime
there will be a penalty of 0.25% of Agreed Quarterly Payment
<97.75%---For every 0.25% degradation in the uptime there will be a
penalty of 0.5% of the Agreed Quarterly Payment
Preventive Maintenence
In last 15 days of the quarter---Rs. 500/- per day per equipment subject to
maximum of Rs.3,000/- per equipment
As per RFP
5 9 PRE-
QUALIFICATIO
N/ ELIGIBILITY
CRITERIA
Financial: Turnover
Average Annual Turnover of the bidder
from IT/ ITeS during last three financial
years, i.e., from 2013-2014, 2014-2015 and
2015-16 (as per the last published audited
balance sheets), should be at least Rs.
45.00 Crores.
Documents Required:
CA Certificate with CA’s Registration
Number/ Seal
Financial: Turnover
Average Annual Turnover of the bidder from IT/ ITeS during last three
financial years, i.e., from 2013-2014, 2014-2015 and 2015-16 (as per the
last published audited balance sheets), should be at least Rs. 30.00
Crores.
As per RFP
6 10 PRE-
QUALIFICATIO
N/ ELIGIBILITY
CRITERIA
Certifications
The bidder must possess, at the time of
bidding, a valid ISO 27001 and CMMI Level
5 Certifications
Documents Required:
Copy of a valid certificates at the time of
bidding
Certifications
The bidder must possess, at the time of bidding, a valid ISO 27001 or
CMMI Level 5 Certifications (as CMMI Level Certificate is not required for
Hardware FMS)
As per RFP
Reply to pre-bid queriesRef No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
Page 1 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
7 10 PRE-
QUALIFICATIO
N/ ELIGIBILITY
CRITERIA
Certifications
The bidder must possess, at the time of
bidding, a valid ISO 27001 and CMMI Level
5 Certifications
Documents Required:
Copy of a valid certificates at the time of
bidding
As per Current clause only CMMI 5 is only allowed request you kindly
allowed CMMI 3 also.
As per RFP
8 9 PRE-
QUALIFICATIO
N/ ELIGIBILITY
CRITERIA
PRE-QUALIFICATION/ ELIGIBILITY CRITERIA Net worth of the bidder should be positive in last two financial years from
last three financial years.
As per RFP
9 11 B-Facility
Management
Services for
Equipment’s/I
tems
B-Facility Management Services for
Equipment’s/Items- I- Asset Management
Services- d including Software License
Management-
The DCO shall be required to perform
software license management and notify
RISL on licensing contract renewal before 3
months of expiry
Does Existing Help Desktop tool have asset inventory and license
management modules included? Please share inputs.
As per revised RFP
10 50 Special terms
and
conditions of
tender &
contract-
2- Service Level Standards- B- Security
management Service Levels
1. Virus Attack
2. DoS
We hope data center have all world class required security solutions
available as expectations from bidders on VIRUS ATTACK and DENIAL OF
SERVICES are directly connected with current infrastructure.,Please
confirm current infrastructure on security of data center.
As per RFP
11 51 Minimum
Manpower
Resources
Minimum Manpower Resources To run data center operations 24*7, support window minimum resource
required are 4. All profiles currently mentioned are less than 4
resources.Please confirm on same.
As per RFP
12 53 Manpower
Change
Manpower Change- The penalty per
resource would be imposed in case of
exit/replacement of resource from the
project
Manpower Change- The penalty per resource would be imposed in case
of exit/replacement of resource from the project
Please share expectations in details. If bidder provide the replacement
without any delay, would there be still any penalty.
As per RFP
13 128 Price
Schedule C
Price Schedule C No. of quarters mentioned against FMS are 12.
Please confirm if FMS will be for 3 years only or its typo error and FMS will
also be for 16 qtr i.e. 4 years.
As per revised RFP
14 9 Qualification/
Eligibility
Criteria
2- Financial Turnover: Average Annual
Turnover of the bidder from IT/ITES during
last three years i.e. from 2014-2014, 2014-
2015 and 2015-2016 should be at least INR
45 Crores
Request you to please give relaxation in this term and change it to INR 25
Cr. We qualify as per experience and also have enough experience as per
ask in RFP.
Request you to please change it as this change will allow more bidders
and increase healthy competition. [As other T&C i.e. past exp are same,
quality bidders will only participate]
As per RFP
Page 2 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
15 9 Certifications Certifications: The bidder must possess, at
the time of bidding, a valid ISO 27001 and
CMMI L5 Certifications
We request you to change CMMI L5 to CMMI L3 or remove the term. As
current requirement does not require work on SDLC. Aside this, Please
ask for ISO 20000 certification as current RFP is all about FMS and ISO
20000 is important certificate for managed services
Request you to please change this, as this change will allow more and
qualified bidders (managed services experience) and lead to healthy and
fair completion.
As per RFP
16 10 7,Mandatory
Undertaking
Bidder should: -
a) not be insolvent, in receivership,
bankrupt or being wound up, not have its
affairs administered by a court or a judicial
officer, not have its business
activities suspended and must not be the
subject of legal proceedings for any of the
foregoing reasons;
b) not have, and their directors and officers
not have, been convicted of any criminal
offence related to their professional
conduct or the making of false
statements or misrepresentations as to
their qualifications to enter into a
procurement contract within a period of
three years preceding the
commencement of the procurement
process, or not have been otherwise
disqualified pursuant to debarment
proceedings;
c) not have a conflict of interest in the
procurement in question as specified in the
bidding document.
d) comply with the code of integrity as
specified in the bidding document.
Bidder requests modification: -
Bidder should: -
a) not be insolvent, in receivership, bankrupt or being wound up, not have
its affairs administered by a court or a judicial officer, not have its
business activities suspended and must not be the subject of legal
proceedings for any of the foregoing reasons;
b) not have, and their directors and officers not have, been convicted of
any criminal offence related to their professional conduct or the making
of false statements or misrepresentations as to their qualifications to
enter into a procurement contract within a period of three years
preceding the commencement of the procurement process, or not be
have been otherwise disqualified pursuant to debarment proceedings as
on the date of submission of the bid;
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.
As per RFP
Page 3 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
17 11 A,Comprehen
sive Onsite
Maintenance
with spare
parts for
equipments.
The start dates of maintenance services of
these equipments, to the extent known,
have been provided in Annexure 1.
However RISL reserves the right to change
the start date of any equipment as per
project requirement and the same would
be informed to selected DCO accordingly.
Bidder requests modification: -
The start dates of maintenance services of these equipments, to the
extent known, have been provided in Annexure 1. However RISL reserves
the right, subject to prior concurrence of the DCO, to change the start
date of any equipment as per project requirement and the same would
be informed to selected DCO accordingly. Any such change will follow the
change request mechanism.
As per RFP
18 14 4,4. SCOPE OF
WORK,
DELIVERABLES
& TIMELINES
i. The DCO shall also be responsible for
integration, management, maintenance
configuration/reconfiguration of any
additional Internet Bandwidth/networks
which needs to be integrated with RSDC
PHASE-1 network during entire contract
period.
The bidder requests to be provided with number of such additional
Internet Bandwidth/networks which needs to be integrated with RSDC
PHASE-1 network during entire contract period.
As per RFP
19 22 8(d),Bid
Security
The bid security may be given in the form
of a banker’s cheque or demand draft or
bank guarantee, in specified format, of a
scheduled bank . The bid security must
remain valid thirty days beyond the original
or extended validity period of the bid.
The bid security may be given in the form of a banker’s cheque or
demand draft or bank guarantee, in specified format, of a scheduled bank
. The bid security must remain valid thirty fourteen (14) days beyond the
original or extended validity period of the bid.
As per RFP
20 22 8(h),Bid
Security
The bid security of unsuccessful bidders
shall be refunded soon after final
acceptance of successful bid and signing of
Agreement and submitting performance
security.
Bidder requests modification: -
The bid security of unsuccessful bidders shall be refunded within fourteen
(14) days of the selection of the successful bidder. soon after final
acceptance of successful bid and signing of Agreement and submitting
performance security.
As per RFP
Page 4 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
21 22 8(i),Bid
Security
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.
Bidder requests modification: -
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 on mutually agreed
terms and conditions, 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, such
failure being attributable solely and directly to the bidder;
d. when the bidder does not deposit the performance security after
signing the contract 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.
As per RFP
22 23 11(e
),Opening of
Bids
e) The committee shall conduct a
preliminary scrutiny of the opened
technical Bids to assess the
prima-facie responsiveness and ensure
that: -
a. the bid is accompanied by bidding
document fee, bid security or bid securing
declaration, and processing fee (if
applicable);
b. the bid is valid for the period, specified
in the bidding document;
c. the 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.
e. any other information which the
committee may consider appropriate.
Bidder requests modification: -
e) The committee shall conduct a preliminary scrutiny of the opened
technical Bids to assess the
prima-facie responsiveness and ensure that: -
a. the bid is accompanied by bidding document fee, bid security or bid
securing declaration, and processing fee (if applicable);
b. the bid is valid for the period, specified in the bidding document;
c. subject to the deviations submitted, the 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.
e. any other information which the committee may consider appropriate.
As per RFP
Page 5 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
23 24 14 (e
),Evaluation
and
Tabulation of
Technical Bids
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.
Bidder requests modification: -
The procuring entity shall regard a Bid as responsive if it conforms to all
requirements set out in the bidding document except for those
requirements for which deviations have been submitted by the bidder,
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.
As per RFP
24 28 22,Acceptanc
e of
successful bid
and award of
contract
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 email (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.
Bidder requests modification: -
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 email (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.
As per RFP
25 28 22
(i),Acceptance
of successful
bid and award
of contract
The bid security of the bidders who’sBids
could not be accepted shall be refunded
soon after the contract with the successful
bidder is signed and its performance
securityis obtained.
Bidder requests modification: -
The bid security of the bidders who’sBids could not be accepted shall be
refunded within fourteen (14) days of the selection of the successful
bidder soon after the contract with the successful bidder is signed and its
performance securityis obtained.
As per RFP
26 28 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.
Bidder requests modification: -
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. However, any such reduction
should be capped at 10% of the quantity specified in the bidding
documents
As per RFP
Page 6 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
27 29 26 (e
),Performance
Security
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 as per the scope of tender
document.
c. if the bidder breaches any provision of
code of integrity, prescribed for bidders,
specified in the bidding document.
Bidder requests modification: -
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 as per the scope of
tender document.
c. if the bidder breaches any provision of code of integrity, prescribed for
bidders, specified in the bidding document.
As per RFP
28 29 27
(a),Execution
of Agreement
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.
Bidder requests modification: -
A procurement contract shall come into force from the date on which the
contract is signed between the successful bidder and RISL letter of
acceptance or letter of intent is despatched to the bidder.
As per revised RFP
29 29 27
(b),Execution
of Agreement
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.
Bidder requests modification: -
Subject to RISL adequately considering the deviations submitted by the
successful bidder, Tthe successful bidder shall sign the procurement
contract on mutually agreed terms and conditions within 15 days from
the date on which the letter of acceptance or letter of intent is
despatched to the successful bidder.
As per RFP
Page 7 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
30 29 27(
c),Execution
of Agreement
If the bidder, who’sBid 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.
Bidder requests modification: -
If the bidder, who’s Bid has been accepted, fails, despite deviations being
adequately considered by RISL, to sign a written procurement contract or
fails to furnish the required performance security after signing the
contract on mutually agreed terms and conditions 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.
As per RFP
31 30 28 (c
),Confidentiali
ty
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.
Bidder requests modification: -
Subject to prior concurrence of the bidder, Tthe 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.
As per RFP
32 30 28 (d
),Confidentiali
ty
In addition to the restrictions specified
above, the procuring entity, while
procuring a subjectmatter of such nature
which requires the procuring entity to
maintain confidentiality, may impose
condition for protecting confidentiality of
such information.
Bidder requests deletion of the clause. As per RFP
Page 8 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
33 30 29,Cancellatio
n of
Procurement
Process
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’sBid 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.
Bidder requests modification: -
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’sBid has been accepted as successful fails, despite
deviations being adequately considered by RISL, to sign any written
procurement contract as required, or fails to provide any required
security for the performance of the contract after signing the contract on
mutually agreed terms and conditions, the procuring entity may cancel
the procurement process.
As per RFP
34 30 29
(f),Cancellatio
n of
Procurement
Process
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.
Need more clarification.
Is the Act in question - RTPP?
As per RFP
35 31 30
(b)(a)(v),Code
of Integrity
any financial or business transactions
between the bidder and any officer or
employee of the procuring entity;
Bidder requests modification: -
any financial or business transactions between the bidder and any officer
or employee of the procuring entity for the sole purpose of gaining unfair
advantage in the procurement process or to otherwise influence the
procurement process;
As per RFP
36 31 30 (b),Code of
Integrity
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.
Bidder requests modification: -
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.
As per RFP
Page 9 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
37 31 30 (c ),Code
of Integrity
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.
Bidder requests modification: -
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.
As per RFP
Page 10 of 30
S.No. RFP Page
No.
RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries
Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017
38 31 31,Interferenc
e 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.
Bidder requests modification: -
A bidder, who: -
a) withdraws, without any reasonable cause, from the procurement
process after opening of financial bids;
b) withdraws from the procurement process, without any reasonable
cause, after being declared the successful bidder;
c) fails to enter into procurement contract on mutually agreed terms and
conditions 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 signing the
contract with RISL 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.
As per RFP
39 36 4(a),Eligible
Goods and
Related
Services
For purposes of this Clause, the term
“goods” includes commodities, raw
material, machinery, equipment, and
industrial plants; and “related services”
includes services such as insurance,
transportation, supply, installation,
integration, testing, commissioning,
training, and initial
maintenance.
Bidder requests modification: -
For purposes of this Clause, the term “goods” includes means
commodities, raw material, machinery, equipment, and industrial plants;
and “related services” includes means services such as insurance,
transportation, supply, installation, integration, testing, commissioning,
training, and initial maintenance.
As per RFP
40 36 7(b),Scope of
Supply
Unless otherwise stipulated in the Contract,
the scope of supply shall include all such
items/servicesnot 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 and related
services as if such items/services were
expressly mentioned in the Contract.
Bidder requests modification: -
Unless otherwise stipulated in the Contract, the scope of supply shall
include mean all such items/servicesnot 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 and related
services as if such items/services were expressly mentioned in the
Contract.
As per RFP
Page 11 of 30
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41 37 8(b),Delivery
and
Installation
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.
Bidder requests modification: -
The contract for the supply can be repudiated at any time by the
purchase officer, if the supplies are not made in accordance with the
contract provided the bidder is given a cure period of at least thirty (30)
days to remedy the defect. to his satisfaction after giving an opportunity
to the bidder of being heard and recording the reasons for repudiation.
As per RFP
42 37 12,Recoveries
from
Supplier/Selec
ted 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
under this contract with tendering
authority.
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.
Bidder requests modification: -
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 under this contract with tendering authority.
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.
As per RFP
43 37 13,Taxes and
Duties
As per RFP Bidder requests addition -
Any increase or decrease in the rates of the applicable taxes or any new
levy on account of changes in law shall be to the account of Purchaser.
As per RFP
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44 38 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 purchaser, 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>.
Bidder requests modification: -
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 purchaser
Supplier/Selected Bidder, 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>.
As per RFP
45 38 16, Sub-
contracting
The bidder shall not assign or sub-let his
contract or any substantial part thereof to
any other agency excluding the physical
security services which can be availed as
per prevailing GoR rules, housekeeping
services and Support Back Office.
The bidder shall not assign or sub-let his contract or any substantial part
thereof to any other agency excluding the physical security services which
can be availed as per prevailing GoR rules, housekeeping services and
Support Back Office; without taking prior permission from the purchaser.
Sir, Please also share the details of physical security services which can
be availed as per prevailing GoR rules, housekeeping services and
Support Back Office
As per RFP
46 39 17
(a),Specificati
ons and
Standards
All servicessupplied shall strictly conform to
the specifications, trademark laid down in
the bidding document and wherever
services have been required according to
ISI/ ISO/ other 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 services supplied conform
to the specifications shall be final and
binding on the supplier/ selected bidder.
Bidder requests modification: -
All services supplied shall strictly conform to the specifications, trademark
laid down in the bidding document and wherever services have been
required according to ISI/ ISO/ other applicable
specifications/ certifications/ standards, those articles should conform
strictly to those specifications/ certifications/ standards. The supply shall
be of best standard quality and description. The decision of the
competent authority/ purchase committee whether the services supplied
conform
to the specifications shall be final and binding on the supplier/ selected
bidder.
As per RFP
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47 39 17
(d),Specificati
ons and
Standards
The supplier/ selected bidder must certify
that all the goods/spares 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.
This is not a Project of supply of H/w. It is a service project hence, Kindly
delete the clause.
As per RFP
48 40 25(a),Rejectio
n
The manpower deputed by the supplier
shall be reviewed by the purchaser in terms
of its qualifications, experience, efficiency,
cooperation, discipline and performance
and services. The purchaser, upon finding
any deficiency in any of the parameter,
may reject any of the manpower by giving
15 days time, as decided by the purchaser,
which the selected bidder has to replace
within the given time frame.
Bidder requests modification: -
The manpower deputed by the supplier shall be reviewed by the
purchaser in terms of its qualifications, experience, efficiency,
cooperation, discipline and performance and services. The
purchaser, upon finding that any of the manpower is guilty of a corrupt
or fraudulent act deficiency in any of the parameter, may reject any of
the manpower by giving 15 days time, as decided by the purchaser, which
the selected bidder has to replace within the given time frame.
As per RFP
49 40 25
(b),Rejection
If, however, due to exigencies of RSDC
PHASE-1 work, such replacement either in
whole or in part, is not considered feasible,
the Purchaser Officer after giving an
opportunity to the selected bidder
of being heard shall for reasons to be
recorded, deduct penalty equals to twice
the amount as mentioned in column
number “8” of the table ”Minimum
Manpower Resources” given under clause
2- C i.e“Manpower availability service
levels” of chapter 7: “SPECIAL TERMS AND
CONDITIONS OF CONTRACT” from the
quarterly payment. The deduction so made
shall be final.
Bidder requests modification: -
If, however, due to exigencies of RSDC PHASE-1 work, such replacement
either in whole or in part, is not considered feasible, the Purchaser Officer
after giving an opportunity to the selected bidder of being heard shall for
reasons to be recorded, deduct penalty equals to twice half the amount
as mentioned in column number “8” of the table ”Minimum Manpower
Resources” given under clause 2- C i.e“Manpower availability service
levels” of chapter 7: “SPECIAL TERMS AND CONDITIONS OF CONTRACT”
from the quarterly payment. The deduction so made shall be final.
As per RFP
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50 40 26(b),Extensio
n in Delivery
Period and
Liquidated
damages (LD)
The time specified for commencement of
services in the bidding document shall
deemed to be the essence of the contract
and the selected biddershall arrange goods
supply and related services
within the specified period.
Bidder requests modification: -
The time specified for commencement of services in the bidding
document shall deemed to be the essence of the contract and the
selected bidder shall arrange goods supply and related services
within the specified period.
As per RFP
51 41 26,Extension
in Delivery
Period and
Liquidated
damages (LD)
c) Date of commencement of Services may
be extended with or without liquidated
damages, if the delay in the
commencement ofservice is on account of
hindrances beyond the control of the
supplier/ selected bidder.
Bidder requests modification:
c) Date of commencement of Services may shall be extended with or
without liquidated damages, if the delay in the commencement ofservice
is on account of hindrances beyond the control of the
supplier/ selected bidder.
As per RFP
52 41 28(b),Mainten
ance Contract
If having been notified i.e. generation of
ticket, the selected bidder fails to remedy
the defect within the period specified, the
purchaser may proceed to take such
remedial action as may be necessary and
cost of the same shall be deducted from
payment of selected bidder
Bidder requests modification: -
If having been notified i.e. generation of ticket, the selected bidder fails to
remedy the defect within the period specified, the purchaser may
proceed to take such remedial action as may be necessary and cost of the
same shall be deducted from payment of selected bidder. Provided
however that the Purchaser shall first give a prior reasonable notice to
the Service Provider to rectify the default and only if the default
continues even after the expiry of the cure period shall Purchaser have
the right to invoke this clause. Provided further that the aggregate
liability on account of the invocation of this clause shall be restricted to
5% of the charges which otherwise would have been payable to the
Service Provider had this clause not been invoked
As per RFP
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53 41 28 (c
),Maintenanc
e Contract
During the maintenance and support
contract period, the bidder shall be
responsible to ensure adequate and timely
availability of spare parts needed for
repairing the equipments/parts. The bidder
has to see the end of support/end of
sale/end of service dates being declared by
respective OEM’s time to time and make
necessary arrangements of spares for
catering maintenance needs of
equipments/parts during entire contract
period. In case, at the time of resolution of
any
compliant,the equipment(s)/part(s) is
found non-serviceable during contract
period, the selected service provider shall
be responsible for replacing the non-
serviceable equipment/part with
same/higher configuration equipment/part
of the same make at no extra cost to the
purchaser.
Bidder requests modification: -
During the maintenance and support contract period, the bidder shall be
responsible to ensure adequate and timely availability of spare parts
needed for repairing the equipments/parts. The bidder has to see the end
of support/end of sale/end of service dates being declared by respective
OEM’s time to time and make necessary arrangements of spares for
catering maintenance needs of equipments/parts during entire contract
period. In case, at the time of resolution of any
compliant,the equipment(s)/part(s) is found non-serviceable during
contract period, the selected service provider shall be responsible for
replacing the non-serviceable equipment/part with same/higher
configuration equipment/part of the same make at no extra cost to the
purchaser.
As per RFP
54 42 29,Patent
Indmenity
As per RFP As per RFP
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55 42 30,Limitation
of Liability
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 tothe 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 total contract
value/amount/charges paid to the
Supplier/ selected bidder until the time
such claim was brought about, provided
that this limitation shall not apply; i) to any
obligation of the supplier/ selected bidder
to indemnify the Purchaser with respect to
patent infringement, and ii) any damages
payable due to the Gross
Negligence or Wilful Misconduct of the
Supplier/selected bidder.
Bidder requests modification: -
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
tothe 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 total contract value/amount/charges paid to the Supplier/
selected bidder until the time such claim was brought about, provided
that this limitation shall not apply; i) to any obligation of the supplier/
selected bidder to indemnify the Purchaser with respect to patent
infringement, and ii) any damages payable due to the Gross
Negligence or Wilful Misconduct of the Supplier/selected bidder.
As per RFP
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56 44 33(a),Termina
tion for
Default
i. The tender authority 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 RISL; 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 RISL 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
Bidder requests modification :-
i. Subject to giving a cure period of at least thirty (30) days to the
Supplier/Service Provider for remedying the defect, Tthe tender
authority 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 RISL; 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 RISL 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.
iv. As on and upto the effective date of termination, Tendering Authority
may shall pay:
a. the unpaid value of all the assets supplied by the Bidder and accepted
by the purchaser in accordance with the RFP specifications in order to
As per RFP
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57 44 33(c
),Termination
for
Convenience
i. RISL, 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
Bidder requests modification: -
i. RISL, by a written notice of at least 30 sixty (60) 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 shall
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.
In the event of termination of the Contract by any Party, the
Supplier/Selected Bidder shall be paid for all the goods delivered and
services rendered upto the effective date of termination.
As per RFP
58 45 34
(b),Transfer of
Assets
The selected bidder, if not already done,
will transfer all the Software Licenses under
the name of the DoIT&C, GoR as desired by
the procuring entity during the exit
management period.
Bidder requests deletion of this clause as no s/w is supplied. As per RFP
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59 45 34
(d),Transfer of
Assets
That the products and technology delivered
to RISL during the contract term or on
expiry of the contract duration should not
be sold or re-used or copied or transferred
by selected bidder to other locations apart
from the locations mentioned in the this
bidding
document without prior written notice and
approval of RISL. Supplied hardware,
software & documents etc., used by
selected bidder for RISL shall be the legal
properties of RISL.
Bidder requests modification: -
That the products and technology delivered to RISL during the contract
term or on expiry of the contract duration should not be sold or re-used
or copied or transferred by selected bidder to other locations apart from
the locations mentioned in the this bidding
document without prior written notice and approval of RISL. Supplied
hardware, software & documents etc., used by selected bidder for RISL
shall be the legal properties of RISL.
As per RFP
60 46 34 (e )
(i),Transfer of
certain
Agreements
On request by Procuring entity or its
nominated agencies, the selected bidder
shall effect such assignments, transfers,
innovations, licenses and sub-licenses as
Procuring entity or its nominated agencies
may require in favour of procuring entity or
its nominated agencies, or
its replacement operator in relation to any
equipment lease, maintenance or service
provision agreement between selected
bidder and third party leasers, operators,
or operator, and which are related to the
services and reasonably necessary for
carrying out of the replacement services by
RISL or its nominated agencies, or its
replacement operator.
Bidder requests modification: -
On request by Procuring entity or its nominated agencies, the selected
bidder shall effect such assignments, transfers, innovations, licenses and
sub-licenses as Procuring entity or its nominated agencies may require in
favour of procuring entity or its nominated agencies, or
its replacement operator in relation to any equipment lease, maintenance
or service provision agreement between selected bidder and third party
leasers, operators, or operator, and which are related to the services and
reasonably necessary for carrying out of the replacement services by RISL
or its nominated agencies, or its replacement operator.
As per RFP
61 47 34(g) (viii),Exit
Management
Plan
During the exit management period, the
selected bidder shall use its best efforts to
deliver the services.
Bidder requests modification: -
During the exit management period, the selected bidder shall use its best
commercially reasonable efforts to deliver the services.
As per RFP
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62 57 7(2),Service
Level
Standards/
Requirements
/ Agreement
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.
Bidder requests modification in the Penalty Capping:
Total penalties except those defined in (C): “Manpower availability service
levels” shall not be higher than 50% 5% of Agreed Quarterly Payment for
respective quarter whereas total penalty including penalties towards
“Manpower availability service levels” shall not be higher that 10% of the
Agreed Quarterly Payment for respective quarter.
As per revised RFP
63 57 3(b),Change
Requests/Ma
nagement
DCO shall be paid for such additional SoW
which may have financial implications in
terms of the overall cost of the project. The
DCO shall be reimbursed the actual
additional cost calculated as the gross
salary paid to the additional staff deployed
onsite at RSDC PHASE-1 by the DCO plus
50% of the gross salary to account for other
expenditure of the DCO towards other
perquisites like Leave Travel
Concession/Medical Facility etc and
administrative expenditures,etc. The DCO
shall take prior approval from the RISL
before deployment of additional resources.
Bidder requests modification:
DCO shall be paid for such additional SoW which may have financial
implications in terms of the overall cost of the project. Any such
additional costs shall be mutually agreed between DCO and
thepurchaser. The DCO shall be reimbursed the actual additional cost
calculated as the gross salary paid to the additional staff deployed onsite
at RSDC PHASE-1 by the DCO plus 50% of the gross salary to account for
other expenditure of the DCO towards other perquisites like Leave Travel
Concession/Medical Facility etc and administrative expenditures,etc. The
DCO shall take prior approval from the RISL before deployment of
additional resources. In absence of written sign off between both the
parties, the DCO shall not be in obligation to provide such additional
SoW.
As per RFP
64 90 Note ,5 Location wise hardware details are
mentioned in Annexure-1. However RISL
reserves the right to change the location of
any
equipment/hardware/software as per
requirement of the RISL/DoIT&C and can
interchange/replace any equipment
between RSDC Phase I/ RSDC Phase II/
RSDC Phase III/DR.
Bidder requests modification: -
Location wise hardware details are mentioned in Annexure-1. However
RISL reserves the right to change the location of any
equipment/hardware/software as per requirement of the RISL/DoIT&C
and can interchange/replace any equipment between RSDC Phase I/ RSDC
Phase II/ RSDC Phase III/DR.
As per RFP
65 92 Annexure
4,Bidders
Authorization
Certificate
As per RFP As per RFP
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66 93 Annexure
5,Self
Declaration
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
Bidder requests modification: -
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 as on the
date of submission of the bid.
d) does not have any previous transgressions with any entity in India or any other country during the
last three years
e) is not currently debarred with any government entity as on the date of submission of the bid
does not have any debarment by any other procuring entity
f) isnot 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 ourdirectors 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 yearspreceding 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.
As per revised RFP
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67 94 Annexure
6,Certificate
of
Conformity/N
o Deviation
This is to certify that, the specifications of
Hardware & Software which I/ We have
mentioned in the echnical 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.
Bidder requests modification: -
This is to certify that, the specifications of Hardware & Software which I/
We have mentioned in the echnical 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 except for
the deviations submitted by us.
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 except for those
terms and conditions for which deviations have been submitted by us
forming an integral part of our proposal 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.
As per RFP
68 96 Annexure
11,Financial
Bid Cover
Letter &
Format
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.
We agree to all the terms & conditions as mentioned in the bidding
document except for the deviations submitted along with the bid. and
submit that we have not submitted any deviations in this regard.
As per RFP
69 142 Annexure
19,Indicative
Non
Disclosure
and
Confidentialit
y Agreement
As per RFP Request the Condifentiality Agreement be made mutual since both
Parties shall be sharing/disclosing information with respect to each other.
As per RFP
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70 142 Annexure
19,Indicative
Non
Disclosure
and
Confidentialit
y Agreement
As per RFP Any information desginated as Confidentiail and in any form other than in
writing shall be reduced to writing within thirty (30) days from the date of
disclosure.
As per RFP
71 144 Annexure
19,Indicative
Non
Disclosure
and
Confidentialit
y Agreement
3.4 Whereas, the DCO has agreed to fully
abide by the terms of this non-disclosure
agreement and it has also been agreed by
the parties that if there will be any breach
or violation of the terms of agreement vis-à-
vis non-disclosure clause, the DCO shall not
only be liable for consequential costs and
damages but in addition to that will also be
liable for criminal prosecution in
accordance with the prevailing laws.
Bidder requests modification: - Kindly delete the clause.
3.4 Whereas, the DCO has agreed to fully abide by the terms of this non-
disclosure agreement and it has also been agreed by the parties that if
there will be any breach or violation of the terms of agreement vis-à-vis
non-disclosure clause, the DCO shall not only be liable for consequential
costs and damages but in addition to that will also be liable for criminal
prosecution in accordance with the prevailing laws.
As per RFP
72 NA NA,Savings
Clause
Clause to be added Supplier/Service Provider’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 Supplier/Service Provider's
performance is effected , delayed or causes non-performance due to
Purchaser's omissions or actions whatsoever.
As per RFP
73 NA NA,Deemed
Acceptance
Clause to be added Services and/or deliverables shall be deemed to be fully and finally
accepted by Purchaser in the event when Purchaser has not submitted its
acceptance or rejection response in writing to Supplier/Service Provider
within 15 days from the date of installation/commissioning or when
Purchaser uses the Deliverable in its business, whichever occurs earlier.
Parties agree that Supplier/Service Provider shall have 15 days time to
correct in case of any rejection by Client.
As per RFP
74 NA NA,SNR Clause to be added Purchaser hereby agrees to make the site ready as per the agreed
specifications, within the agreed timelines. Purchaser agrees that
Supplier/Service Provider shall not be in any manner be liable for any
delay arising out of Purchaser's failure to make the site ready within the
stipulated period, including but not limited to levy of liquidated damages
for any delay in performance of Services under the terms of this
Agreement.
As per RFP
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75 NA NA,Intellectua
l Protection
Clause to be added No intellectual property rights of any nature shall be transferred from one
party to the other in the course of performing any obligations or
otherwise under this agreement. For the avoidance of doubt,
Supplier/Service Provider may use certain tools, processes or
methodologies of its own in performing the Services. Ownership of all
intellectual property rights and any other rights in these shall vest with
Supplier/Service Provider, and no rights shall be deemed to have accrued
to the Purchaser.
As per RFP
76 NA NA,Audit Clause to be added Request that the following be included:
Excluding a regulatory/statutory requirement, if any, nothing in this
Agreement shall be construed or interpreted as requiring Contractor to
provide to Purchaser access to or right to inspect, examine, audit and take
copies of any fees, price, cost or any other financial information or any
records or documents relating to the make-up of the Contractor’s internal
overhead calculations, their relationship to the fees, any financial cost
model, calculation of fees or to the Contractor’s profitability or other
such financial data.
As per RFP
77 NA NA,Bidders
right to
terminate
Clause to be added The Supplier/Service Provider shall have the right to terminate the
contract in the event any undisputed amount remains unpaid for a period
exceeding 90 days.
As per RFP
78 19 NA,Non-hire Clause to be added During the term of this Agreement and for a period of one year thereafter
Purchaser shall not, directly or indirectly, hire or solicit for hire, any of the
personnel engaged by Supplier/Service Provider, without the prior written
consent thereof from Supplier/Service Provider. Thus, the Purchaser
agrees to the entry of an injunction against it in the event of actual or
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 Supplier/Service Provider at law or in equity
As per RFP
79 20 19 The manpower provided/deputed under
the contract shall be insured against any
accident/mis happening in the premises of
work.
Manpower deployed on bidder's payrole will mandatoryly have
insurance. However, please suggest if this applicable for security,
housekeeping and support back office also ?
As per RFP
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80 7.2.A. 20 Transportation: 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. All goods must be sent freight
paid through Railways or goods transport
Is transporation related to AMC hardware/ spare part only or any other
expectation from bidder - Printer/ desktops, etc ?
As per RFP
81 4 7.2.A. Severity factor: 4, 6, 8 Please suggest what is the response and resolution for Severity 4,6 &8 As per RFP
82 Annexure
20
4 Bill of software - Software Licences We understand ATS (annual technical subscription) will be taken care by
Rajasthan SDC team for these software and will be backlined with OEM
for required patch upgrades, software upgrades, L3 support, etc
As per revised RFP
83 VII Annexure 20 Detailed Specification of Engineered
Machine
Please suggest what is expectation from Engineered machines - Oracle
exadata and IBM pure system ? Is this limited to vendor coordination or
bidder needs to manage the complete system ?
As per RFP
84 XIII. VII Server Management Services Bidder Understands that "latest patches and update" will be provided by
RISL from OEM.
As per RFP
85 5 XIII. Security Administration and Management
Services
Bidder Understands that "latest patches and update" will be provided by
RISL from OEM.
As per RFP
86 4.1.A 5 5) Bill of Quantity- Safety and Security
Systems
Please confirm "Saftey and Security System device to be covered under
CMS support from 15-04-2017", requesting the complete BOM detail's
with model no.
As per revised RFP
87 Penalty
Capping:
4.1.A It is clarified that DCO is required to
provide the Comprehensive Onsite
Maintenance with part replacement for all
the hardware mentioned in Annexure 1 for
which, wherever felt necessary, the bidder
may have back to back arrangement with
respective OEM to ensure quality services.
Request to exclude physical damages/if any missing parts/plastic
parts/RAID battery’s/Power card / Burned spares / Spare failures due to
abnormal site behaviors like cooling issues/power failures from the
Comprehensive maintenance.
As per RFP
88 Additional
clause
Additional
clause
Leaves for Resources Min. 15 days leave per calendar beyond Govt. Holidays should be given to
resources as per rules.
As per revised RFP
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89 Additional
clause
Additional
clause
Additional clause on Manpower absence
Penalty
In the case of absence of resources from the project site (beyond
Government Holidays and allowed leaves of 15 days per calendar year
effective from the date of deployment).
The penalties on resource replacement shall be capped at 10% of the
quarterly contract value. However penalty on resource replacement may
be waived off subject to the approval
of RISL under the following circumstances:
i) Medical Emergency
ii) Resignation of deployed resource
As per RFP
90 53 7. SPECIAL
TERMS AND
CONDITIONS
OF TENDER &
CONTRACT
Manpower
Change (D)
Manpower Change : Applicable Penalty
when resource is leaving
Within 1 year of DOJ : 10 times of the
penalty mentioned in column “8” of above
mentioned table “Minimum Manpower
Resources
Within 1 year of DOJ : 5 times of the
penalty mentioned in column “8” of above
mentioned table “Minimum Manpower
Resources
Should be considred for one (1) replacement of each resource without
penalty in a year.
As per RFP
91 57 7. SPECIAL
TERMS AND
CONDITIONS
OF TENDER &
CONTRACT
Penalty
Capping:
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.
Please consider Penalty Capping 10% of Quarterly payment As per revised RFP
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92 29 Clause 27 Execution of Agreement at page The clause reads that '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.' The Bidder seeks clarification on whether the
terms and conditions of the final contract shall be mutually discussed
and negotiated with the successful bidder?
The clause further reads that 'the procuring entity shall take action
against the successful bidder as per the provisions of the bidding
document and Act', the Bidder seeks clarity on the consequence of
parties failing to agree to the terms of the contract. Will the procuring
entity take action against the bidder for failing to agree to the standard
procurement contract placed for execution with the successful bidder? If
yes, what action?
As per revised RFP
93 38 Clause 14 Copyright The Bidder wishes to clarify that no source code to any software will be
provided/sold to the purchaser under the RFP or the final contract. The
Bidder will provide license to use the software provided under the
mutually agreed contract subject to the IBM standard end user software
licensing terms and conditions.
As per RFP
94 40 Clause 26 Liquidated damagesThe Bidder wishes to clarify that liquidated damages shall be payable only
in the event where the delay/default is directly and solely attributable to
the Bidder. Further, liquidated damages shall be the sole and exclusive
remedy for such delay/default by the Bidder.
As per revised RFP
95 42 Clause 29 Patent indemnity The Bidder shall only indemnify the customer by defending it against
third party claims of copyright or patent infringement by an unaltered
Bidder manufactured product, to the extent of court awarded damages.
Indemnities for third party products shall be provided on a pass through
basis from the respective OEMs.
As per RFP
96 42 Clause 30 Limitation of liabilityThe Bidder requests the clause to be replaced with the below:
‘Notwithstanding anything stated to the contrary in the RFP and
regardless of the nature of claim, Bidder’s aggregate liability for direct
damages under this Contract shall not exceed the charges paid by
Customer to Bidder for the individual product or service that is the
subject of claim (if recurring, twelve months charges apply). This limit
shall not apply to damages for bodily injury (including death) and damage
to real property and tangible personal property for which Bidder is legally
liable. The Bidder shall in no event be liable for indirect, consequential,
incidental or special damages, loss of/damage to, data, loss of profit,
business, goodwill and third party claims, even if Bidder has been advised
of possibility of such damages’.
As per RFP
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97 44 Clause 33 Termination The Bidder wishes to clarify that termination by default shall be as per
the clause below: 'Either party may terminate the contract, with ninety
days prior written notice, if the other party has committed a material
breach of the contract and if such breach has not been cured during the
notice period. Customer shall pay Bidder for all products and services
provided up to the effective date of termination.’ The Bidder seeks
deletion of the clause on 'termination for convenience'.
As per RFP
98 47 Clause 35 Settlement of disputes
The Bidder seeks replacement of the existing clause with the following:
'Disputes shall be finally settled in accordance with the Arbitration and
Conciliation Act, 1996 then in effect, in English, with seat in Bangalore,
India. There shall be one arbitrator if the amount in dispute is less than or
equal to Indian Rupee five crores and three arbitrators if the amount is
more. When an arbitrator is replaced, proceedings shall continue from
the stage they were at when the vacancy occurred. The Courts of
Bangalore shall have supervisory jurisdiction over the disputes arising out
of or in connection with the Agreement.'
As per RFP
99 8 To be Included Inclusion of clause on governing laws The Bidder seeks inclusion of the following clause:
Both parties agree to the application of the laws of India. Further, each
party is responsible for complying with: i) laws and regulations applicable
to its business and content, and ii) import, export and economic sanction
laws and regulations, including those of the United States that prohibit or
restrict the export, re-export, or transfer of products, technology, services
or data, directly or indirectly, to or for certain countries, end uses or end
users.
As per RFP
100 9 To be Included Inclusion of clause The Bidder seeks inclusion of the following clause: 'Each party grants only
the licenses and rights specified in this Agreement. No other licenses or
rights (including licenses or rights under patents) are granted either
directly, by implication, or otherwise.'
As per RFP
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101
9 3.4
The bidder must have executed at least
one work order of providing operation and
maintenance Services (FMS) of ITC &
Networking equipments of Data Centre of
Government/Semi-
Government/PSU/Scheduled Banks/Limited
companies (excluding bidder’s own/its
subsidiary in house data centers) having
minimum order value of Rs.2 Crore for a
year starting from 1st April 2009 till bid
submission date.
or
The bidder must have executed at least
two work orders of providing operation
and maintenance Services (FMS) of ITC &
Networking equipments of Data Centre of
Government/Semi-
Government/PSU/Scheduled Banks/Limited
companies (excluding bidder’s own/its
subsidiary in house data centers) having a
total order value of Rs. 2.50 Crore for a
year starting from 1st April 2009 till bid
submission date.
Maximum Turnkey and Government projects use terminology "IT
Managed Services" in place of FMS services. We therefore request you to
kindly amend the clause as under:
The bidder must have executed at least one work order of providing
operation and maintenance Services (FMS) / IT Managed Services of ITC &
Networking equipments of Data Centre of Government/Semi-
Government/PSU/Scheduled Banks/Limited companies (excluding
bidder’s own/its subsidiary in house data centers) having minimum order
value of Rs.2 Crore for a year starting from 1st April 2009 till bid
submission date.
or
The bidder must have executed at least two work orders of providing
operation and maintenance Services (FMS) / IT Managed Services of ITC &
Networking equipments of Data Centre of Government/Semi-
Government/PSU/Scheduled Banks/Limited companies (excluding
bidder’s own/its subsidiary in house data centers) having a total order
value of Rs. 2.50 Crore for a year starting from 1st April 2009 till bid
submission date.
As per RFP
102
10 3.6
PRE-QUALIFICATION/ ELIGIBILITY CRITERIA
The bidder must possess, at the time of
bidding, a valid ISO 27001 and CMMI Level
5 Certifications
We request you to kindly allow participation of CMMI Level 3 Certified
companies also.
As per RFP
103
146ANNEXURE-20: Detailed Specification of
Engineered Machine
Please confirm what type of support would be required on oracle exadata
& IBM pureapp machines. Also confirm the warranty details of both the
machines.
As per RFP
104
GeneralWho will be responsible for upgrades, ATS and renewal of various
Database licenses.
RISL/DoIT&C shall be responsible for
upgrade & ATS. The successful bidder
shall be required to perform software
license management and notify RISL
on licensing contract renewal before 3
months of expiry.
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