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RFP NO. – NEGD/04-09/2016
Invitation to Bid For
Appointment of Partner Agency
for Unified Mobile App for New-age
Governance (UMANG)
Published By
4th Floor, Electronics Niketan,
6 CGO Complex, New Delhi 110003
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Part 1
Glossary ....................................................................................................................................................... 11
1 Purpose of the document ................................................................................................................... 14
2 Introduction ........................................................................................................................................ 14
2.1 Digital India ................................................................................................................................. 14
2.2 UMANG ....................................................................................................................................... 16
3 Objectives............................................................................................................................................ 16
4 Scope ................................................................................................................................................... 17
4.1 Overview ..................................................................................................................................... 17
4.2 Mobile Back-end as a Service (mBaas) ....................................................................................... 18
4.3 Integration with other Mobile Applications ............................................................................... 19
4.4 Mobile based authentication ...................................................................................................... 19
4.5 Connectivity with Telecom Service Providers (TSPs) .................................................................. 20
4.6 Security and Compliances ........................................................................................................... 20
4.7 Payment Gateway ....................................................................................................................... 21
4.7.1 Convenience Fees ............................................................................................................... 21
4.8 Ease of Use and Branding ........................................................................................................... 21
4.9 Aggregation ................................................................................................................................. 22
4.10 Hosting and Deployment ............................................................................................................ 22
4.11 Reporting and Configurability ..................................................................................................... 23
4.12 Operations and Maintenance ..................................................................................................... 23
4.12.1 Change Requests ................................................................................................................. 24
4.13 Documentation and Training ...................................................................................................... 24
4.14 Citizen (G2C) Services.................................................................................................................. 25
4.15 Application enablement or Application on-boarding ................................................................. 25
4.15.1 Application enablement process ........................................................................................ 25
5 UMANG Architecture .......................................................................................................................... 27
5.1 Design Principles for UMANG ..................................................................................................... 27
5.1.1 User Centric ......................................................................................................................... 27
5.1.2 Heterogenous and Interoperable ....................................................................................... 27
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5.1.3 Sustainable and Scalable ..................................................................................................... 28
5.1.4 Pluggable and Loosely coupled Components ..................................................................... 28
5.1.5 Easy On-boarding ................................................................................................................ 28
5.1.6 Address privacy concerns .................................................................................................... 29
5.1.7 Analytics .............................................................................................................................. 29
5.1.8 Multi-Language Support ..................................................................................................... 29
5.1.9 Security ............................................................................................................................... 29
5.1.10 Easy integration with external interfaces ........................................................................... 29
5.2 Components of UMANG ............................................................................................................. 30
5.2.1 Integration with Telecom Service Providers (TSPs) ............................................................ 30
5.2.2 Security & Authentication ................................................................................................... 32
5.2.3 Integration with External Platforms/Applications .............................................................. 32
5.2.4 Transaction Management module ...................................................................................... 33
5.2.5 Marketing & Promotions Module ....................................................................................... 34
5.2.6 Common API Integration Layer ........................................................................................... 34
5.2.7 Workflow ............................................................................................................................. 35
5.2.8 Functional and Data Security .............................................................................................. 35
5.2.9 Remote Application Monitoring (RAM) .............................................................................. 35
5.2.10 Analytics, MIS Reporting and Dashboard ........................................................................... 36
5.2.11 Customer Support / SLA Monitoring / Application Management ...................................... 36
6 UMANG Features and Functionalities ................................................................................................. 37
6.1 Portal and App Design, UI/UX ..................................................................................................... 37
6.1.1 Compliance to Guidelines Indian Government Websites ............................................... 38
6.1.2 Optimized Application Start-up Time .............................................................................. 38
6.1.3 Minimize Perceived Latency ............................................................................................. 38
6.1.4 Design for Multiple Interaction Methods ........................................................................ 39
6.1.5 Preserve Focus on Dynamic Page Updates ...................................................................... 39
6.1.6 Use Fragment IDs to Drive Application View .................................................................. 39
6.1.7 Make Telephone Numbers "Click-to-Call" ....................................................................... 39
6.1.8 Ensure Paragraph Text Flows .......................................................................................... 40
6.1.9 Ensure Consistency of State between Devices ................................................................ 40
6.1.10 Consider Mobile Specific Technologies for Initiating Applications ............................... 40
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6.1.11 Use Meta Viewport Element to Identify Desired Screen Size ........................................ 40
6.2 User Profile.................................................................................................................................. 40
6.3 Service Channels ......................................................................................................................... 41
6.3.1 Smart Client App ................................................................................................................. 41
6.3.2 Mobile Web ......................................................................................................................... 42
6.3.3 Low bandwidth support ...................................................................................................... 43
6.3.4 Pull SMS ............................................................................................................................... 43
6.3.5 Push SMS ............................................................................................................................. 43
6.3.6 IVR (both Inbound and Outbound) ..................................................................................... 44
6.3.7 Call Centre for handling IVR queries ................................................................................... 45
7 Implementation Approach .................................................................................................................. 45
8 Indicative Applications List.................................................................................................................. 46
9 Commercial Structure ......................................................................................................................... 47
9.1 Commercial Structure Components ........................................................................................... 47
9.2 Platform Fee ................................................................................................................................ 47
9.3 Platform Fee payment milestones .............................................................................................. 48
9.4 Platform Enablement .................................................................................................................. 48
9.5 Application Enablement / On-boarding ...................................................................................... 49
9.5.1 Enablement of channels...................................................................................................... 49
9.5.2 Enablement of Payment ..................................................................................................... 49
9.6 Application enablement Fees ..................................................................................................... 50
9.6.1 Without API Development (A) ............................................................................................ 50
9.6.2 With API Development Cost (B) .......................................................................................... 50
9.6.3 Pro-rata payment ................................................................................................................ 51
9.7 Application enablement target ................................................................................................... 51
9.8 SMS Charges for successful transactions .................................................................................... 51
9.9 Infrastructure and other costs .................................................................................................... 51
9.10 Convenience Fees ....................................................................................................................... 52
9.11 Annual Maintenance Charge ...................................................................................................... 52
9.12 Enabling citizen centric Services offered by private entities. ..................................................... 52
10 Responsibility Matrix ...................................................................................................................... 52
11 Transactions Estimates (Indicative) ................................................................................................ 55
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12 Roles and Responsibilities ............................................................................................................... 55
12.1 Partner Agency ............................................................................................................................ 55
12.2 National e-Governance Division (NeGD) ..................................................................................... 57
12.3 Integrating Departments ............................................................................................................ 59
13 Instructions to Bidder ..................................................................................................................... 60
13.1 Tentative Calendar of Events ...................................................................................................... 60
13.2 RFP Document Fees .................................................................................................................... 60
13.3 Pre-Bid Conference ..................................................................................................................... 60
13.4 Response to Bidder’s Queries ..................................................................................................... 61
13.5 Supplementary Information / Corrigendum / Amendment to the RFP ...................................... 62
13.6 Proposal Preparation Costs ......................................................................................................... 62
13.7 NeGD’s Right to terminate the Process ...................................................................................... 62
13.8 Earnest Money Deposit (EMD) ................................................................................................... 63
13.9 Authentication of Bids ................................................................................................................ 64
13.10 Interlineations in Bids ............................................................................................................. 64
13.11 Venue & Deadline for submission of proposals ...................................................................... 64
13.12 Late Bids .................................................................................................................................. 64
13.13 Bid Submission Instructions .................................................................................................... 64
13.14 Mode of Submission ............................................................................................................... 64
13.15 Commercial Proposal .............................................................................................................. 68
13.15.1 Correction of Error .......................................................................................................... 68
13.15.2 Prices and Price Information ........................................................................................... 69
13.16 Language of Proposals ............................................................................................................ 70
13.17 Conditions under which this RFP is issued .............................................................................. 70
13.18 Rights to the Content of the Proposal .................................................................................... 71
13.19 Modification and Withdrawal of Proposals ............................................................................ 71
13.20 Non-Conforming Proposals ..................................................................................................... 71
13.21 Disqualification ....................................................................................................................... 72
13.22 Conflict of Interest .................................................................................................................. 73
14 Bidding and Evaluation Process ...................................................................................................... 73
14.1 Eligibility Criteria ......................................................................................................................... 73
14.2 Evaluation Criteria ....................................................................................................................... 75
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14.2.1 Technical Evaluation Criteria............................................................................................... 75
14.2.2 Financial Evaluation ............................................................................................................ 78
14.3 Negotiations, Contract Finalization and Award .......................................................................... 79
14.4 NeGD’s Right to Accept Any Proposal or Reject any or all proposals ......................................... 79
15 Award of Contract ........................................................................................................................... 80
15.1 Award Criteria ............................................................................................................................. 80
15.2 NeGD’s Right to Accept Any Proposal and to Reject Any or All Proposals ................................. 80
15.3 Signing of Contract ...................................................................................................................... 80
16 Payment Terms and Schedules ....................................................................................................... 81
16.1 Ownership ................................................................................................................................... 81
16.2 Performance Security .................................................................................................................. 81
16.3 Liquidated Damages .................................................................................................................... 81
16.4 Limitation of liability ................................................................................................................... 82
17 Timelines ......................................................................................................................................... 83
18 Service Level Agreement (SLA) ....................................................................................................... 84
18.1 Introduction ................................................................................................................................ 84
18.2 Service Delivery SLA .................................................................................................................... 84
18.3 Platform Availability .................................................................................................................... 84
18.4 Performance ............................................................................................................................... 85
18.5 Customer Support ....................................................................................................................... 85
18.6 Severity Levels & Penalty ............................................................................................................ 85
18.6.1 SEVERITY LEVEL ................................................................................................................... 85
18.6.2 PENALTY .............................................................................................................................. 86
18.7 Application Performance SLA ..................................................................................................... 87
18.8 Availability of Services SLA .......................................................................................................... 88
18.9 Service Quality SLA(Indicative) ................................................................................................... 89
18.10 Help Desk SLA .......................................................................................................................... 90
18.11 Software Delivery (Change Request) SLA................................................................................ 91
19 Payment Schedule........................................................................................................................... 92
End of Part 1 ................................................................................................................................................ 92
1 Definitions and Interpretations .......................................................................................................... 94
1.1.1 Definitions ........................................................................................................................... 94
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1.1.2 Interpretation .................................................................................................................... 100
1.1.3 Measurements and Arithmetic Conventions .................................................................... 101
1.1.4 Ambiguities within Agreement ......................................................................................... 101
1.1.5 Scope of the Project .......................................................................................................... 102
1.1.6 Terms & Duration of the Project ....................................................................................... 102
1.2 Conditions Precedent & Effective Date .................................................................................... 103
1.2.1 Provisions to take effect upon fulfilment of Conditions Precedent ................................. 103
1.2.2 Conditions Precedent of the Partner Agency ................................................................... 103
1.2.3 Extension of time for fulfilment of Conditions Precedent ................................................ 103
1.2.4 Non-fulfilment of the Partner Agency’s Conditions Precedent ........................................ 103
1.3 Obligations under the SLA......................................................................................................... 104
1.4 Representations and Warranties .............................................................................................. 106
1.4.1 Representations and warranties of the Partner Agency ................................................... 106
1.4.2 Representations and warranties of NeGD or its nominated agencies .............................. 108
1.5 Obligations of the Partner Agency ............................................................................................ 110
1.6 Approvals and Required Consents ............................................................................................ 110
1.7 Use of Assets by the Partner Agency ........................................................................................ 111
1.8 Access to NeGD or its Nominated Agencies Locations ............................................................. 112
1.9 Management Phase .................................................................................................................. 113
1.9.1 Governance ....................................................................................................................... 113
1.9.2 Use of Services .................................................................................................................. 114
1.9.3 Changes ............................................................................................................................. 114
1.9.4 Security and Safety............................................................................................................ 114
1.9.5 Cooperation ...................................................................................................................... 115
1.10 Finances .................................................................................................................................... 115
1.10.1 Terms of Payment and Service Credits and Debits ........................................................... 115
1.10.2 Invoicing and Settlement .................................................................................................. 116
1.10.3 Tax ..................................................................................................................................... 117
1.11 Termination ............................................................................................................................... 118
1.11.1 Material Breach: ................................................................................................................ 118
1.12 Effects of termination ............................................................................................................... 119
1.12.1 Termination of this Agreement due to bankruptcy of Partner Agency ............................ 120
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1.13 Indemnification ......................................................................................................................... 121
1.14 Force Majeure ........................................................................................................................... 123
1.14.1 Definition of Force Majeure .............................................................................................. 123
1.14.2 Force Majeure events ....................................................................................................... 123
1.14.3 Conditions ......................................................................................................................... 123
1.14.4 Conditions notwithstanding .............................................................................................. 124
1.14.5 Termination clause ............................................................................................................ 125
1.15 Confidentiality ........................................................................................................................... 125
1.15.1 Audit, Access and Reporting ............................................................................................. 126
1.16 Intellectual Property Rights ...................................................................................................... 126
1.17 Miscellaneous ........................................................................................................................... 127
1.17.1 Personnel .......................................................................................................................... 127
1.18 Independent Contractor ........................................................................................................... 128
1.18.1 Sub-contractors ................................................................................................................. 129
1.18.2 Assignment ........................................................................................................................ 129
1.18.3 Trademarks, Publicity ........................................................................................................ 129
1.18.4 Notices .............................................................................................................................. 130
1.18.5 Variations and Further Assurance ..................................................................................... 131
1.18.6 Severability and Waiver .................................................................................................... 132
1.18.7 Compliance with Applicable Law ...................................................................................... 132
1.19 Professional Fees ...................................................................................................................... 133
1.19.1 Ethics ................................................................................................................................. 133
1.19.2 Entire Agreement .............................................................................................................. 133
1.19.3 Amendment ...................................................................................................................... 133
1.20 Dispute Resolution .................................................................................................................... 135
1.21 Schedule – I: Change Control Schedule .................................................................................... 136
1.21.1 Change Management Process........................................................................................... 137
1.22 Schedule – II: Exit Management Schedule ................................................................................ 140
1.22.1 Purpose ............................................................................................................................. 140
1.22.2 Cooperation and Provision of Information ....................................................................... 140
1.22.3 Confidential Information, Security and Data .................................................................... 141
1.22.4 Employees ......................................................................................................................... 142
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1.22.5 Transfer of Certain Agreements ........................................................................................ 143
1.22.6 Rights of Access to Premises ............................................................................................. 143
1.22.7 General Obligations of the Partner Agency ...................................................................... 143
1.22.8 Exit Management Plan ...................................................................................................... 144
1.23 Schedule – III: Audit, Access and Reporting .............................................................................. 146
1.23.1 Purpose ............................................................................................................................. 146
1.23.2 Audit Notice and Timing ................................................................................................... 146
1.23.3 Access ................................................................................................................................ 147
1.23.4 Audit Rights ....................................................................................................................... 147
1.23.5 Audit Rights of Sub-Contractors, Suppliers and Agents .................................................... 148
1.23.6 Action and Review ............................................................................................................ 149
1.23.7 Terms of Payment ............................................................................................................. 149
1.23.8 Records and Information .................................................................................................. 149
1.24 Schedule – IV: Governance Schedule ........................................................................................ 150
1.24.1 Purpose ............................................................................................................................. 150
1.24.2 Governance Structure ....................................................................................................... 151
1.24.3 Governance Procedures .................................................................................................... 152
1.24.4 The payment under the various cost heads is given as under: ......................................... 153
1.25 Schedule – V: Payment schedule .............................................................................................. 155
1.26 Schedule – VI: Service Level Agreement ................................................................................... 156
2 Formats ............................................................................................................................................. 157
2.1 FORMATS FOR THE TECHNICAL BID RESPONSE ........................................................................ 157
2.1.1 Undertaking on Patent Rights ........................................................................................... 157
2.1.2 Undertaking on Conflict of Interest .................................................................................. 158
2.1.3 Undertaking On Pricing of Items of Technical Response .................................................. 159
2.1.4 Undertaking on Provision of Support for Software .......................................................... 160
2.1.5 Undertaking on Service Level Compliance ........................................................................ 161
2.1.6 Undertaking on Deliverables ............................................................................................. 162
2.1.7 Undertaking on Training the Users ................................................................................... 163
2.1.8 Undertaking on Exit Management and Transition ............................................................ 164
2.1.9 Undertaking on Personnel ................................................................................................ 165
2.1.10 Undertaking on Changes to the Contract Clauses ............................................................ 167
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2.1.11 Profiles of Previous Project Experience ............................................................................ 169
2.1.12 Team Profile ...................................................................................................................... 169
2.1.13 Suggestions on Changes to Contract Clauses ................................................................... 172
2.2 FORMATS FOR THE COMMERCIAL BID RESPONSE ................................................................... 173
2.2.1 Commercial Proposal Cover Letter ................................................................................... 173
2.2.2 Non – Disclosure Agreement (NDA) .................................................................................. 176
2.2.3 Format for submission of Queries for clarification ........................................................... 180
2.2.4 Earnest Money Deposit ..................................................................................................... 181
2.2.5 Bid Cover Letter ................................................................................................................ 182
2.2.6 Performance Bank Guarantee........................................................................................... 185
1 Annexure A – Service delivered through SSDG (State Service Delivery Gateway) ........................... 191
2 Annexure B – Indicative List of PAN India Services ........................................................................... 193
3 Annexure C – Transaction Estimates ................................................................................................ 206
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Glossary
S No. Abbreviation Definition
1. API Application Program Interface
2. AUA Authentication User Agency
3. B2C Business to Citizen
4. CAPEX Capital Expenditure
5. CCN Change Control Note
6. CD Compact Disk
7. CSV Comma-separated Values
8. DC Data Centre
9. DeitY Department of Electronics and Information
Technology
10. DoT Department of Telecommunications
11. DR Data Recovery
12. DTMF Dual Tone - Multi Frequency
13. EGDI e-Government Development Index
14. EMD Earnest Money Deposit
15. FAT Functional Acceptance Testing
16. FTP File Transfer Protocol
17. G2B Government to Business
18. G2C Government to Citizen
19. GPRS General Packet Radio Service
20. H/W Hardware
21. HCI Human Capital Index
22. HTTP Hypertext Transfer Protocol
23. ICT Information and Communications Technology
24. IMPS Immediate Payment Service
25. iOS iPhone Operating System
26. IPR Intellectual Property Rights
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27. IVR Interactive Voice Response
28. JSON JavaScript Object Notation
29. KUA KYC User Agency
30. KYC Know Your Customer
31. LLP Limited Liability Partnership
32. mBaas Mobile Back-end as a Service
33. MoMt Mobile originated Mobile terminated
34. MoU Memorandum of Understanding
35. MSA Master Service Agreement
36. NDA Non-Disclosure Agreement
37. NeGD National e-Governance Division
38. NeGP National eGovernance Plan
39. NIC National Informatics Centre
40. NPCI National Payments Corporation of India
41. O&M Operations and Management
42. OBD Out Bound Data calls
43. OPEX Operational Expenditure
44. OSI Online Service Index
45. OTP One Time Password
46. OWASP Open Web Application Security Project
47. PCI DSS The Payment Card Industry Data
Security Standard
48. PIU Project Implementation Unit
49. PMU Program Management Unit
50. RAM Remote Application Monitoring
51. RBI Reserve Bank of India
52. REST
Protocol
Representational State Transfer Protocol
53. RFP Request for Proposal
54. SDLC Systems Development Life Cycle
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55. SLA Service Level Agreement
56. SMS Short Message Service
57. SOAP Simple Object Access Protocol
58. SOP Standard Operating Procedures
59. SSDG State Service Delivery Gateway
60. SSDG State Service Delivery Gateway
61. STQC Standardisation Testing and Quality
Certification
62. TII Telecommunication Infrastructure Index
63. TRAI Telecom Regulatory Authority of India
64. TSP Telecom Service Provider
65. UAT User Acceptance Testing
66. UI User Interface
67. UMANG Unified Mobile Application for New-age
Governance
68. UT Union Territory
69. UX User Experience
70. VAS Value Added Services
71. VAT Value Added Tax
72. VXML Voice Extensible Markup Language
73. XML Extensible Markup Language
74. 4G 4G, short for fourth generation, is the fourth
generation of mobile telecommunications
technology, succeeding 3G
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1 Purpose of the document
The Request for Proposal (This Document) floated by the National e-Governance Division
- Department of Electronics & Information Technology, Government of India is to select a
Partner Agency which would be responsible for development, implementation,
enhancement and operations & maintenance of Unified Mobile Application for New-age
Governance (UMANG) platform for a period of 3 years with a possibility of extension to
another 2 years and again for 2 years subject to mutually agreed terms and conditions.
Major Central/State government services are expected to be provided through UMANG.
2 Introduction
2.1 Digital India
“Digital India”, a comprehensive ICT initiative of Government of India, aims to transform
India into a digitally empowered society and knowledge economy. The vision of Digital
India is centred on three key areas.
Part 1
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Not only facilitating online and easy access to public services is ingrained in the vision
areas of Digital India, but use of mobile phones has been highlighted as an important
medium. Further, “e-Kranti”, a flagship program under “Digital India”, clearly articulates
the policy of “Mobile First”, wherein all Government applications shall be designed to
enable delivery of services through mobile.
Realization of the envisioned objectives is supported by the level of mobile penetration in
India, increasing internet usage on mobile, reduction in handset costs, and introduction of
low end smart phones which has made mobile a convenient and cheaper channel for
service delivery.
Today the e-Governance Services rendered by individual Government Departments are
enabled on mobile as Department specific mobile apps. State governments have also taken
initiatives to provide mobile based service delivery.
Vision Area 1
Digital Infrastructure as a Utility to Every Citizen
•High speed internet as a core utility
•Cradle to grave digital identity that is unique, lifelong, online and, authenticable to every citizen
•Mobile phone & bank account enabling citizen participation in digital & financial space
•Easy access to a Common Service Centre
•Shareable private space on a public cloud and
•Safe and secure cyber-space
Vision Area 2
Governance & Services on Demand
•Seamlessly integrated service across departments or jurisdictions
•Services availability in real time from online & mobile platforms
•All citizen entitlements to be available on the cloud
•Digitally transformed services for improving ease of doing business
•Making financial transactions electronic & cashless
•Leveraging GIS for decision support systems & development
Vision Area 3
Digital Empowerment of Citizens
•Universal digital literacy
•Accessible digital resources universally
•Availability of digital resources / services in Indian languages
•Collaborative digital platforms for participative governance
•Citizens not required to physicallysubmit Govt. documents/certificates
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2.2 UMANG
Taking cognizance of the envisaged goals of “Digital India” and other factors it is proposed
to build a common, unified mobile platform and application – “Unified Mobile Application
for New-age Governance” (UMANG). A single mobile application makes discovery,
marketing, auditing, testing, hosting and downloading easy. It also brings about uniformity
in user experience. Through the application, citizens can access pan India e-Gov services
from the central Government, State Governments, local bodies and their agencies and
private sector. Citizens will have to download just a single application which will work on
one short code on, GPRS/Internet, support for SMS and Toll Free for IVR will be additional
features. In addition, it would facilitate convergence of various efforts, carried out
separately, to reach out to citizens through their mobile phones.
3 Objectives
i. Act as an enabler and facilitator in developing overall mobile based service delivery
ecosystem in India.
ii. Provide easy access for citizens to various services via single Mobile Application,
easy to remember short code and single Toll Free number.
iii. Provide easy discoverability of services, easy manageability and standardization of
service delivery.
iv. Provide for quick mobile enablement of e-Gov applications/services of Government
departments through easy and fast integration, on-boarding, mobile front-end roll-
out by bringing their services on this mobile application platform. Provide another
value added services to departments via a common platform through integration
with TSPs and payment gateway. This will facilitate easy on-boarding of
Government departments.
v. Provide multi-lingual support covering official Indian languages, in addition to
English. Also, provide support for voice interaction in local languages.
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4 Scope
4.1 Overview
For UMANG, NeGD will partner with a private entity. It is envisaged that the Partner Agency
will bring in requisite technical expertise and resources for quick rollout, easier scaling up
and flexible adoption of technology. The emphasis will be on uniform user experience,
quick on-boarding of Central/State government services with less capital expenditure,
along with robust programme sustainability.
1. Development of UMANG (Unified Mobile Application for New Age Governance) platform
that provides services on mobile devices across Central, State Government
departments, local bodies and/or their agencies through a centralized platform. Once
deployed centrally the UMANG platform shall support integration and mobile
enablement of services for on boarding new Government applications.
2. In addition to public services UMANG should be able to provide some Citizen Centric
services offered from authorized private businesses, as permitted by NeGD/DeitY.
3. UMANG shall be accessible to citizens through mobile App, web, and through mobile
channels such as IVR and SMS.
4. The UMANG platform shall have open standards based architecture that allows various
government departments to quickly integrate and make available their services through
standard API in SOAP/REST and open data formats such as JSON/XML.
5. The UMANG platform shall be capable to maintain/remember citizen personal details,
preferences and data required to access department services without the user having to
re-enter these every time. Data shall be stored securely and the user consent must be
taken for any citizen data storage.
6. UMANG platform shall support/integrate with Aadhaar based authentication and other
authentication mechanisms or services for requisite Departmental Services.
7. NeGD/DeitY shall facilitate allocation of short code from DoT, however all co-ordination
and liasoning with TELCOS shall be responsibility of the Partner Agency.
8. Create and manage environments for Integration testing and UAT (User Acceptance
Testing), the UAT setup shall be near replica of the production setup. This will entail
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setting up of two environments namely a Staging Environment and a Live Production
Environment.
9. Creation of new services and management of existing services on mobile app, portal
and other mobile channels shall be supported through a user-friendly graphical user
interface while using a common integration layer with government departments. The
app and portal shall be responsive and built on responsive framework, be compatible
with standard form factors on smart phones and intelligent vis a vis user preference.
Application on-boarding-/Application enablement of Government
Departments/Agencies shall be as described in section 4.15.
10. If the departments have e-readiness but do not have APIs available then Partner Agency
will be responsible for developing the APIs also.
11. Aggregate all existing applications functionalities that have been developed by various
Departments under a unified mobile application. Publish standard and consistent set of
open APIs that shall be used by government departments and authorized users for
integrating with UMANG to provide services.
12. UMANG platform shall provide a self-service portal where
a. All information related to UMANG platform – API specifications, Integration process,
and other details shall be made available.
b. All prospective integrating departments should be able to submit and track requests
for integration with UMANG.
c. Facility for integrating departments to manage the APIs that are exposed through
UMANG.
4.2 Mobile Back-end as a Service (mBaas)
UMANG platform, besides other functionalities, shall be provisioned as a cloud based
Mobile Backend as a Service (mBaaS) provider with features of a advanced mBaaS such as:
i. Out of the box APIs that offer a set of predefined and common functionalities for
mobile applications such as APIs for user management, files, custom objects, email,
photos, social integrations, analytics, push notifications, geo-location, enterprise
integration etc.
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ii. Reduced server-side coding so that the focus can be more on front-end development
and faster roll-outs.
iii. Support for both native and hybrid mobile apps and other front-ends connecting
through APIs.
iv. Deployed on cloud with built-in scalability.
v. Ability to integrate with legacy databases.
vi. Provides an access control layer.
vii. Open Source and Open standards based.
viii. Security and privacy of data of the integrating applications/databases that would be
mobilized on the platform as well as on the front-end.
ix. A user interface for the integrating departments to create, publish and manage their
APIs with proper documentation support.
x. Ability to plug-in with 3rd party applications, softwares, tools.
4.3 Integration with other Mobile Applications
UMANG platform and mobile app, in addition to the services on-boarded through the
platform, shall have functionalities to integrate with mobile applications developed by
various government departments separately. The UMANG mobile/web application should,
for other mobile applications not integrated through UMANG platform, shall provide a
directory listing all such mobile apps with a link to i) invoke the app if the app is installed
in the user mobile or ii) trigger download of the app from the app store where it is hosted.
4.4 Mobile based authentication
UMANG platform would provide authentication based on a person’s mobile number linked
to her underlying identity, such as Aadhaar, thereby providing for a kind of mobile identity
on a large scale to the users of the platform. Online authentication can be made seamless if
mobile numbers of individuals are linked to their Aadhaar. This would do away with users
providing their identity credentials for every transaction as their mobile numbers would
represent their Aadhaar number or any other verified and accepted identity. This would
not only facilitate reusability of mobile phones for multiple service access but also, easy
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user registration and seamless identity integration with the integrating departments. The
components would be
i. Integration with Aadhaar and other identity providers for fetching identity
credentials of a person.
ii. Creation of a Mobile-Aadhaar/other identity database that would enable use of
mobile (numbers) of a user for all purposes – availing service, transacting online etc.
Using mapping servers for mobile to Aadhaar translation, such a database would
bring mobile to the focal point of all transactions.
iii. Multifactor authentication based on the requirement of the service as per their risk
sensitivity which includes username/password, OTP, biometric etc.
iv. Enablement for scenarios such as one mobile handset multiple users i.e. mobile
app/handset should not be locked to a single mobile number.
v. The whole module for such authentication should be modelled as a separate
pluggable application, which if need be can be used to provide for federated
authentication needs of other applications (not integrated with UMANG).
4.5 Connectivity with Telecom Service Providers (TSPs)
UMANG platform will have to integrate with TSPs for various channels (SMS, IVRS etc.).
UMANG platform should have necessary modules for handling IVR calls and OBD (Out
Bound Data calls).
4.6 Security and Compliances
i. Manage application, data and server security of UMANG as per ISO 27001 standards.
The solution should be free from the vulnerabilities defined in Open Web
Application Security Project (OWASP) top 10 vulnerabilities and other known
vulnerabilities.
ii. Platform to comply with all applicable standards of NeGD and will be security
audited through a CERT-IN empanelled third party auditor or STQC. The auditor is
to be selected by NeGD.
iii. Payment module shall have been integrated with payment gateways and shall be
PCI-DSS (Payment Card Industry Data Security Standard) complaint.
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4.7 Payment Gateway
To use PayGov or any other payment gateway which provides better services in terms of
payment or charges. To enable payment mechanisms for Government services requiring
payments, using mobile phone/web portal will be an integral part of the solution. The
payment module of the solution needs to support various payment instruments allowed by
RBI. The module needs to be intelligent enough to route the authorization request to the
appropriate payment processing unit. Any emerging electronic payment solutions shall
also be integrated with UMANG platform with prior concurrence of NeGD. The platform
shall provide for payment on multiple modes through various channels.
4.7.1 Convenience Fees Provision should be made for charging convenience fees (which can be made available
whenever required), over and above other charges such as Service Fees, Taxes etc and as
fixed by NeGD. Convenience fees may or may not be charged as per the decision of
NeGD/DeitY. It shall also provide for transfer of such convenience fees to NeGD account,
reconciliation and accounting. The integration with the payment gateway shall allow for
generation of reports for payment transaction as well as reconciliation. These reports are
to be shared with NeGD, concerned departments and banks. Payment services shall
maintain a transaction log and provide transaction success /failure notification to the
users. It shall also provide support for reconciliation. The payment experience for the user
should be seamless i.e. the user should be re-directed back to the relevant section from
which the transaction was initiated and to the m-Gov App home page in case of any
exceptions.
4.8 Ease of Use and Branding
i. UMANG App shall be mutli-lingual, with support for official India languages, in
addition to English. Languages shall be selected from the list of Scheduled
Languages as per Census 2001. UMANG shall be developed in top 12 Indian
languages in addition to English.
ii. The platform architecture should be scalable to support potentially all citizens
accessing different types of services. The design should be such that the effort for
setting up a new service should be minimal for integrating departments so that once
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service API integration is done; it should be possible to provide services through
configuration and minimum development.
iii. State Government shall have the option to Brand their own services by selecting a
template for the state specific services page. It should be possible for citizens of a
specific state to have a customized view central and their own state specific services
at the first level. Other state services should be automatically available on the
second level as optional.
iv. UMANG App shall have a section where the citizen can update their preferences in
terms of personal details, frequently accessed services and short cuts, language etc.,
which will then be available for all services so that data entry can be minimized.
v. UMANG platform shall provide Govt. departments a web based login with access to
their own services with reports and dashboards.
vi. Provide Search option for the citizen to discover relevant services.
4.9 Aggregation
Integration and aggregation of innovative 3rd Party citizen centric services provided by
private companies that are relevant for citizens shall be possible. The 3rd Party services
will be identified and evaluated by either NeGD and shall be integrated by the Partner
Agency after consultation with NeGD. These services will need to provide APIs and service
flow as per the guidelines to be published so that these can be integrated into the mobile
app or other mobile channels based on the technical feasibility.
4.10 Hosting and Deployment
i. UMANG platform shall be hosted on the cloud hardware provided by NeGD through
NIC or any otherNeGD/DeitY empanelled cloud service provider, with due
permission from NeGD. The hosting environment as well as data for the entire
UMANG platform has to reside within the territory of India.
ii. NIC’s GI Cloud shall provide Virtual Machines and bandwidth. More details can be
found on www.cloud.gov.in . The Partner agency shall provide a Bill Of Material
required for UMANG. (Please refer section 9.9)
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iii. Hosting of UMANG Mobile app on different App Stores for different mobile app
stores such as Google playstore, Apple Appstore, Windows appstore etc. shall be
done by the Partner Agency.
4.11 Reporting and Configurability
i. UMANG platform shall generate necessary reporting and dashboards for data
representation, which should be configurable as per the integrating department’s
needs.
ii. UMANG platform shall generate necessary reports and statements for payment
settlement and reconciliation.
iii. Provide option for configuration of all the channel interfaces including SMS, IVR,
Mobile Portal and App pages for various services while using common back-end
integration into the departments.
4.12 Operations and Maintenance
i. Partner Agency shall operate and maintain the UMANG platform, mobile app, web
application, portal etc.
ii. Regular bug fixing as raised by NeGD, helpdesk as well as integrating departments.
iii. Adherence to SLA and SLA monitoring for services and infrastructure that is entirely
within the UMANG platform.
iv. Provide SLA monitoring tool for NeGD to evaluate different service level parameters
as specified in section 18.
v. Responsible for providing Level 1 support through call center. This will also cover
all app related and transaction related queries.
vi. On-going enhancement of UMANG by implementing new features, enabling newer
technologies to meet the mobile governance needs for all integrating departments.
vii. Responsible for management of operations activities of mobile governance like
reconciliation, grievance redressal/help desk, supporting departments to resolve
their queries by providing product information, logs and other related information.
viii. Escalation mechanism for informing integrating departments about service
unavailability.
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ix. Department and third party services can be hosted in external locations and their
hosting and maintenance are outside the scope. However in case any of these
services are not accessible, the UMANG platform will raise alerts so that escalation
to the concerned departments can be taken up by support.
x. The front end (forms) processes, workflow, backend processes (database), security,
privileges at application level, Network level, backup and DR policies will not be
changed by the Partner Agency without prior approval of NeGD. Partner Agency
will make a change management process duly approved by NeGD for this purpose.
4.12.1 Change Requests
Partner Agency shall be responsible for ongoing support for integrating departments and
citizens:
a. Modifications and enhancements (i.e. due to changes in integrating department APIs
for UMANG integration, Workflow changes, and other changes from time to time)
raised by the integrating departments shall be part of the scope of the project.
The Partner Agency shall provide an estimate in terms of man day of work required for
such requested changes. NeGD shall evaluate the estimates and payment against such
change request, which entails more than certain number of days, shall be made as per the
man day rate quoted in the bid by the Partner Agency (refer section 9).
4.13 Documentation and Training
i. Creation and regular updation of documentation for all the components of UMANG
such as deployment architecture documentation, APIs, SLA monitoring, and Security
Documentation on a quarterly basis, user manuals etc.
ii. Creation and Maintenance of standard documentation, user manuals and training
modules that could be used for training the government departments and
employees.
iii. For every application enablement, the Partner Agency shall conduct two days
training to the nominees of integrating departments. The training shall be on the
technical, functional, integration and usage aspects of UMANG platform and UMANG
portal/App.
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4.14 Citizen (G2C) Services
i. To create UMANG (Unified Mobile Application for New Age Governance) that
provides citizen services (G2C) on mobile devices across Central and State
Government departments/agencies through a centralized platform. Once deployed,
UMANG platform shall support integration and mobile enablement of services with
marginal effort for on boarding new Government services.
ii. UMANG should be able to support some Citizen Centric services offered from
authorized private Business.
iii. Aggregate all services functionalities that have been developed by various
Departments under a unified mobile application through corresponding APIs
exposed by the Departments. Use the same APIs to get those services delivered over
multiple channels like Smart client app, mobile web and SMS and IVR wherever
applicable..
iv. The indicative list of various government applications are provided in section 8.
4.15 Application enablement or Application on-boarding
i. For every application enablement, there will be API integration with the services of
that application and enabling corresponding service flow on the each enabled
channel. This integration will have to make services available on an end-to-end
basis.
ii. Each service of a given application shall include, as per requirement, applying for
service, status update and delivery of service, notifications to the applicant and any
other flow available as part of the delivery of a service.
iii. One department application may have multiple services and each service may have
multiple sub-services.
4.15.1 Application enablement process
Once the UMANG platform has been made operational, it will integrate with department’s
applications/back-end for enabling individual services. Application enablement means
going live with services of a department which involves:
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i. Develop necessary APIs, if not available, for all services under the application on
the UMANG platform (in addition to common APIs required for all applications and
other common functionalities such as authentication etc.)
ii. Integrating with the department application by
a. interacting with respective department and gathering requirements and
b. developing APIs for the integrating department (only if required) and
c. integration of UMANG platform with the department service APIs.
iii. Providing an end-to-end user interface on UMANG mobile app and portal for all
services of the application.
iv. Providing capability inside the UMANG mobile app and portal to fetch service
through UMANG platform.
v. Testing, deployment and go-live after sign-off from NeGD and/or respective
application owner department.
vi. Enablement of Mobile/Web Portal and Mobile App with push SMS(transactional) is
mandatory. However, enablement of Pull SMS (a) and IVR (b) shall be done as per
the requirement of the integrating departments. . In case of non-operationalization
of non-mandatory channels, if opted so by integrating department, Application
enablement fees would be deducted as per section 9.6 for each non-
operationalized channel from the list below.
a. Enablement on Pull SMS
b. Enablement on IVR
c. Enablement on Mobile Portal and App with push SMS. (Mandatory)
vii. Enablement of Payment through payment gateway and/or where there is
integration required outside of the Payment Gateway as decided by integrating
department in consultation with NeGD. This is mandatory for services requiring
payments and wherever not required or not opted for by the integrating
department, a deduction would be made as per Section 9.6 of this document.
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5 UMANG Architecture
Given the differences in the technology with their related advantages and disadvantages
and interoperability issues, it is very important to have credible architectural principles to
form the basis for choice of a particular technology and architecture to deliver mobile
services. Design principles for the UMANG Platform are given below:
5.1 Design Principles for UMANG
5.1.1 User Centric
End users availing the service must be centric to the design of UMANG platform. Their ease
of interaction with mobile devices, the kind of devices commonly used by targeted
segments, network availability and demand for service should guide the choice of
technology for service development and roll out. Support for local language (as mentioned
in section 4.8 (i)) is necessary.
5.1.2 Heterogenous and Interoperable
The UMANG platform should be designed keeping in mind that information flows across
applications owned by different departments. The UMANG platform should be able to
integrate and interoperate with various other external entities. The ability of the solution
to easily and in a relatively seamless manner integrate with external entities, interoperate
with multitude of technologies is a significant criteria while selecting the technology.
The UMANG platform should also support features which work seamlessly across various
channels providing users a unified experience. Following features should be supported by
the UMANG platform:
i. When internet is down or otherwise, the user should be able to make call to the
IVR initiated from the App or Mobile Web.
ii. Call to the customer care support can be invoked from the App or Mobile Web.
iii. Registration made on Mobile Web will seamlessly reflect in other channels like
SMS and IVR based transactions.
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5.1.3 Sustainable and Scalable
Architecturally, the UMANG platform should be sustainable and scalable. Sustainability
requires the platform to use softwares, tools, frameworks etc. which has a large usage base
and regular long-term support and upgrades. For scalability, it is important for the UMANG
platform to be cloud enabled to take the advantage of next generation cloud
implementations and technologies. The following criteria should be kept in mind during
selection of the technology
i. Every component need to scale to a large volume.
ii. Every component as well as the whole system needs to provide consistent and
acceptable performance even at very large scale.
iii. Single point of bottle-neck and failure must be avoided.
While upgrades and scaling-up, it is necessary that the platform supports earlier versions
especially when upgrading the APIs.
5.1.4 Pluggable and Loosely coupled Components
The system should be built with open standards and open APIs with plug-n-play
capabilities. The system should be designed to plug-in new technologies and components in
a seamless manner, similarly any obsolete technologies or components should be removed
without impacting any other component of the system. The components should be loosely
coupled to allow changes in applications that are integrated with it and in any sub-system
level without affecting other parts. It should be architected to work in a heterogeneous
technical environment.
5.1.5 Easy On-boarding
On-boarding of departments/e-Gov applications should involve minimal changes (ideally to
the extent of exposing their existing APIs or developing new APIs if required) in their
respective applications. Also, Application enablement should happen seamlessly across all
the channels (as opted for by the integrating department) simultaneously.
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5.1.6 Address privacy concerns
The UMANG platform should address the privacy concerns of integrated applications and
thus restrict visibility of each department to data/information pertaining only to them.
Also, the platform should protect user’s information.
5.1.7 Analytics
The UMANG platform should be able to generate insights for analytics. These includes, but
is not restricted to, on-demand reports which can be configured, filtered and customized by
NeGD as well as integrating departments. The UMANG platform should look at the usage at
an aggregate as well as at an individual level.
Relevant dashboards should be available for decision makers about the platform’s
performance and usage and insights on user information (demographic, location,
behavioural etc. aspects).
5.1.8 Multi-Language Support
Various mobile channels need to support local Indian languages to be able to reach masses.
The Partner Agency shall provide support for English, standard local languages across
various channels (SMS, IVR, Smart Client, Mobile Web etc) for services across service
categories as required by individual States/integrating departments. as mentioned in
section 4.8(i).
5.1.9 Security
The UMANG platform needs to have capability to manage security and privacy at multiple
levels. A transactional service may require higher security levels than an ordinary
information service such as status check or weather forecast. Non-functional requirements
such as data security, user authorization and access control need to be taken into account
while designing the components of the platform.
5.1.10 Easy integration with external interfaces
In the current IT environment when several function specific systems are developed, a
system comprises of core functional modules talking to several platforms and services
through APIs published by such platforms. UMANG platform needs to have technical
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capabilities to integrate with external interfaces such as payment gateways, identity
providers, location services etc.
5.2 Components of UMANG
5.2.1 Integration with Telecom Service Providers (TSPs)
The platform should have network integration modules that support all the protocols used
for back-end integration with major Telecom Operators (at least top 5 as per TRAI’s
subscriber numbers) in and across India for SMS and Voice Channels. NeGD will provide
support to the Partner Agency in coordination with TSP.
5.2.1.1 SMS
i. SMS Long code/Short code integration and configuration capability with major
Telecom Operators as mentioned above.
ii. SMS Mo(Mobile Originated) Message routing to appropriate service based on the
Long Code/Short Code and Keyword.
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iii. Support Delivery Report Tracking and Notification back to the Mobile app.
iv. Support Multi-modal support for SMS Short Codes.
5.2.1.2 IVRS
i. Long code/Short code integration and configuration capability with major Telecom
Operators, as mentioned above, for Inbound Call Services.
ii. Inbound Call routing to appropriate service based on the user input.
iii. OBD CLI configuration & integration capability with major Telecom Operators, as
mentioned above, for OBD Services.
5.2.1.3 Mobile Web
i. Accepting MSISDN forwarding for Mobile Web / Smart Client app for user
authentication supported by PIN or alternative methods.
5.2.1.4 Others
a. The platform should have necessary integration to lookup Circle/Operator
information by MSISDN.
b. Comply with TRAI guidelines.
c. Support Configurable retry mechanism based on the error code at Telco Integration
Level, Service Level.
d. Flexible Traffic Management solution to handle events surge in the usage.
e. Support advanced queuing mechanisms to route traffic with different priority as per
the business requirement.
f. Example: Shall support different queue for incoming/outgoing message forwarding,
example: queue 1 is for Department1, 2 and 3, queue 2 for deapartment4, 5 and
queue 3 for department6, default queue for others.
g. Platform integrations should be configured for High Availability.
h. If connection is not available, the UMANG platform must be able to buffer the
messages going to, and handle the additional incoming traffic once SMSCs are up.
This buffer must be configurable.
i. Changes in the configuration information should not require application restart.
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5.2.2 Security & Authentication
The Security & Authentication will be responsible for authenticating user and granting him
permissions based on his roles and responsibilities.
i. The UMANG platform shall support Aadhaar based authentication for requisite
Departmental Services and shall be linked with citizen mobile number which are
provided voluntarily to the platform.
ii. The UMANG platform shall support Alternative authentication and authorization
process wherein user doesn’t have Aadhaar number.
iii. The verification log and analytics should be used for strengthening the
authentication systems.
iv. There should be provisions for both single and multi-factor authentication
mechanisms.
5.2.3 Integration with External Platforms/Applications
5.2.3.1 Payment Gateway
UMANG platform shall integrate with a Payment Gateway as mentioned under section 4.7.
5.2.3.2 Aadhaar or other identity providers
UMANG shall integrate with the Aadhaar authentication ecosystem by itself becoming an
AUA/KUA or by integrating with an existing AUA/KUA for enabling Aadhaar based
authentication on the platform. For non-Aadhaar based authentication, integration with
other identity providers such as PAN under Income Tax Department would be required and
the UMANG platform shall integrate with such providers.
5.2.3.3 Digital Locker
Digital Locker (DigiLocker) is also one of the key initiatives under Digital India program. It
aims at eliminating the use of physical documents and enables sharing of verified
government issued or self uploaded electronic documents across agencies. Digital Locker
provides a dedicated personal storage space in the cloud to citizens, linked to citizen’s
Aadhaar number or other unique identity. It enables various organizations registered on
Digital Locker to push certificates of citizens directly in their Digital Locker in electronic
format.
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Citizens can also upload and securely store the scanned copies of legacy documents in
Digital Locker. A user can share these electronic certificates online with various
departments and agencies registered on Digital Locker while applying for the services
provided by them. Thus, Digital Locker brings the citizens, issuers and requestors on one
platform.
Further, Digital Locker system is based on open APIs which are published on their portal
www.digilocker.gov.in . UMANG shall integrate with DigiLocker and enable
i. Submission of documents by a user by fetching URIs from DigiLocker to UMANG
and passing the same to the integrating department service.
ii. Informing user of any document, related to the service availed on UMANG, URI of
which has been made available on DigiLocker.
5.2.4 Transaction Management module
This is the core transaction management module of the UMANG platform, all the messages
will be routed through transaction management module for further processing.
Transaction management module will interact with external systems for verification &
presentment of the information, will interact with payment module for handing over the
information for payment processing, other modules for various types of verifications.
Transaction management will also be responsible for calling business rules API for
checking various business rules as well as with service charges module for calculation of
transaction charges prior to sending the transaction for further processing.
The UMANG platform should have ability to keep all transaction logs of the users and make
it available in a common place as a transaction history. The user should be able to open
individual transaction details in a standard format like PDF, html, text or other formats and
also can push the details to an email ID/registered email ID to keep an email record and for
printout purpose.
The transaction history should have all but not limited to the following information:
i. Service Name
ii. Service Department Name
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iii. Transaction ID
iv. Transaction amount
v. Transaction date and time
vi. Common interface for transaction history should provide transaction trends and
graphs for user reference
5.2.5 Marketing & Promotions Module
The UMANG platform will provides great opportunity for various Government departments
as well as businesses to promote their services and reach out to a significant portion of the
population in an effective manner. Government departments spend significant amount of
resources to provide the information to the citizen – this includes education, awareness
building and promotions. The module shall have the ability to send information / messages
to the citizen, business, government employees and agencies as part of the transaction (i.e.
part of SMS receipt for payment transaction, part of status update from department, during
IVR or outbound call, as part of mobile web etc.) or as a separate totally independent
process as required by the government. Promotion should also be possible thorugh alerts
on the UMANG App.
5.2.6 Common API Integration Layer
The UMANG platform needs to provide well defined, open standards based, well published
APIs for various entities (departments, business, developer community) to consume and
integrate with the UMANG. In order for UMANG to enable services, it needs to be integrated
with various department’s IT services (two way integration where UMANG calls
department API and department API calls UMANG API), the information exchange can be
either push or pull based depending on the need. The application integration layer should
provide a step by step process for the departments to integrate with the UMANG APIs to M-
enable their services. At a broad level the UMANG shall have Pre-Processing API, Post-
Processing API and Business Logic API (which may be broken into business logic and
payment API wherever required).
Apart from open standards based web-services, the integration module should support
data exchange based on XLS, XML, delimited text and other acceptable and widely used
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formats. The integration module should also provide an online and batch mode integration
facility. Integration with popular social networking sites like Facebook, Twitter and
Google+ using the published API as well as integration with mail server would be required.
Any new service enabled on UMANG will need to be notified/ popularized via Twitter,
Facebook, Google+ or any other social media platform.
The integration module will need to be integrated with state and national portal / platform.
The API Layer of UMANG platform should offer the following feature
i. Provide a common API layer or equivalent to support for faster and seamless
integration.
ii. Support for various data formats like XLS, XML, CSV, Delimited based, and Text.
iii. Publishing of API Development guide as well as Security standards document for
integration with UMANG platform
iv. UMANG shall have plugin based architecture for integrating with various
government departments and 3rd party integration while supporting department
API in SOAP/XML/Rest/HTTP formats.
v. It should be usable independent of UMANG, and able to provide joined up services.
5.2.7 Workflow
The UMANG platform needs to support a work flow based system which can be
configurable and will support necessary business logics to support various business
requirements.
5.2.8 Functional and Data Security
The UMANG platform needs to provide comprehensive functional and data security. The
functional security can be achieved by enabling role and permissions based delegation
model. The data security can be achieved by business logic or by way virtualization of the
data.
5.2.9 Remote Application Monitoring (RAM)
UMANG platform is going to have multiple loosely coupled modules to facilitate scalability
and management of the solution. UMANG needs to have high availability and load balancing
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built into it. Apart from the core modules of UMANG, it shall be integrated with various
external entities like payment gateways, banks, telecom operators, SMS aggregators and
departments as well as businesses.
The real time monitoring and management of the UMANG using single portal is key to
provide uninterrupted and high available service to the citizen and businesses across the
country.
UMANG should have provision for Remote Application Monitoring.
5.2.10 Analytics, MIS Reporting and Dashboard
The UMANG platform need to provide extensive parameterized reporting facility for both
department users and administrators to run various reports from time to time. It should
support MIS reports for all but not limited to the given below items:
i. Daily Transactional reports (both for payment and non-payment transactions)
ii. Consolidated monthly reports for all transactions
iii. Reports for payment transactions with split of various payment modes like net-
banking, credit card, debit card, IMPS, Wallet etc.
iv. Number of hits on various channels (channel wise split) like IVR, Pull SMS, Mobile
Web, Smart Client.
v. App download report from various app stores
vi. It should also provide successful and failed transactions
vii. It should provide service wise reports for Push SMS showing the number of
successful and failed SMS from UMANG
viii. Any other report as required by DeitY/NeGD.
Analytics functionality should be extended to all the mobile applications, developed
separately by a service provider and installed by a user, provided the transactional data of
such apps can be pulled by or pushed to the UMANG platform.
5.2.11 Customer Support / SLA Monitoring / Application Management
The Partner Agency is required to provide Help Desk module for customer support
function, Application Management Module for application management and SLA
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monitoring. The Help Desk module shall be used by the Partner Agency to manage the
customer ticketing and life cycle.
The SLA monitoring tool shall have the ability to track the SLAs as described in the RFP at a
minimum; the monitoring tool shall have the ability to generate the necessary reports. The
SLA monitoring tool shall have the ability to export or import the necessary data.
The application monitoring tool shall help Partner Agency and NeGD manage and monitor
UMANG and related components of UMANG effectively. The tool shall monitor the services
and unified portal.
The Partner Agency should provide an integrated Customer care support interface where
the customer care centre can view transactions of the citizen for better coordination and
support to the citizen.
The customer support should be able to help user in the following ways:
i. Inform exact status of the transaction based on his mobile number. The customer
care support should be able to recognize the person based on the number he is
calling from and get an access to his transaction details.
ii. UMANG should have a live chat feature for customer support.
6 UMANG Features and Functionalities
6.1 Portal and App Design, UI/UX
The UMANG platform should have a robust Configuration and Management system which
should allow faster creation and management of desired User Interface and link it to
various services and be able to create and make changes to individual pages of the portal
and publish these into the production system.
The design of the portal shall be implemented in such a manner that it is easy for the citizen
to navigate services as well as to be able to configure favourite services that can be
accessed from the home page.
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The complexities of interacting with an application on a mobile device, special
consideration should be given to the overall user experience. User experience is guided by
a number of factors, including: latency, interaction method, and data consistency etc.
6.1.1 Compliance to Guidelines Indian Government Websites
These guidelines have been developed by National Informatics Centre (NIC) and adopted
by Department of Administrative reforms and Public Grievances (DARPG). Guidelines
address the entire lifecycle of a website, web portal/application right from its
conceptualisation to design, development, maintenance and management. UMANG (Mobile
Web) should comply to these guidelines.
6.1.2 Optimized Application Start-up Time
User experience is heavily influenced by the initial start-up time of an application. Offline
Web application technologies like HTML5 AppCache [HTML5-OFFLINE] bring Web
applications into parity with native applications in terms of their start-up time and their
ability to be used even where network coverage is intermittent. The following techniques
to help minimize application start time should be considered:
i. Use Offline Technology
ii. Consider Partitioning Large Scripts
iii. Use Local Storage
iv. Minimize Number of Local Storage Queries
6.1.3 Minimize Perceived Latency
Lowering perceived latency is an important factor in improving the overall usability of an
application. A number of techniques can be used to lower perceived latency:
i. Enable Incremental Rendering
ii. Keep the User Informed of Activity
iii. Avoid Page Reloads
iv. Preload Probable Next Views
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6.1.4 Design for Multiple Interaction Methods
Interaction methods vary across devices. Three main interaction methods should be
considered when designing the UI:
i. Focus Based: The browser focus "jumps" from element to element;
ii. Pointer Based: Key-based navigation controls a pointer that can cover any part of
the screen;
iii. Touch Based: Events are related directly to a finger or stylus touch position on the
screen.
The optimum configuration of UI elements varies depending on the interaction method
used by the device. Ideally, the UI should be adapted based on knowledge of the interaction
methods supported by the target device. If this is not possible, then the UI should be
designed to provide a good experience for each of these different interaction methods.
6.1.5 Preserve Focus on Dynamic Page Updates
The JavaScript focus method can be used to move the focus to the part of a page that has
changed. However, if unexpected, this can confuse or irritate the user, especially if
returning to the previous focus is not easy.
6.1.6 Use Fragment IDs to Drive Application View
Applications can switch views without a full page reload by showing and hiding sections of
content. However, this means that the browser <back> button doesn't work by default, and
it is not possible to link directly to specific views within an application. Usability is
enhanced by enabling both of these features:
i. Enabling deep links (e.g. to the content of a specific email) means the user can
bookmark this view and return to it quickly;
ii. Enabling the browser history provides a natural method to navigate application
views that is natively supported by the browser.
6.1.7 Make Telephone Numbers "Click-to-Call"
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Standardized URI schemes have been defined for some common device functions, e.g.
making phone calls, sending an SMS, and managing address books. These URI schemes, if
supported, can enable users to easily use these functions from applications.
6.1.8 Ensure Paragraph Text Flows
On small screens it is important that paragraph text flows both so that it doesn't require
horizontal scrolling and so that it will re-flow if the view orientation is changed.
6.1.9 Ensure Consistency of State between Devices
User credentials valid on one device should be valid on other devices. User preferences
captured on one device should be accessible on other devices. Data updated on one device
should be viewable consistently on other devices.
An important example of this is offering a consistent experience where data entered on a
desktop is available on a mobile and vice versa.
6.1.10 Consider Mobile Specific Technologies for Initiating Applications
Network-initiated content delivery ("push") methods allow notifications and updates to be
sent to the user even when they are outside of the application context.
6.1.11 Use Meta Viewport Element to Identify Desired Screen Size
Certain classes of browser attempt to display desktop pages on a small screen by
automatically zooming the display. This can be problematic for applications that have
already been optimized for a small screen. The viewport meta tag tells the device at what
scale to render the page.
6.2 User Profile
The UMANG platform should maintain citizen profile in a secure manner. The profile will
have sections for storing citizen personal details, preferences and data required to access
department services without having to re-enter these every time.
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A onetime user registration page should be provided on App and Mobile web so that
information can be collected and edited at a later date by the citizen. Profile Manager
should have at least the following features:
i. Save user registration details and support edit/update of these details
ii. Pre-population of user data wherever required in the service work flow. For
example, once user has registered himself/herself, he/she need not enter his
name, address etc. in an particular application or form filling.
iii. Language setting can be done in profile manager so that the user need not opt for
his preferred language each time he uses the services.
iv. Store specific parameters that can be pre-populated when accessing specific
departments. For example, in electricity department the user address, connection
number can be stored in the profile so that these can be populated in the API call to
the department. The user should also have an option to modify these parameters.
By sourcing user data from different sources, identifying newer target segments,
discovering hidden patterns and profiling citizens’ behavior, government departments can
usher themselves into unique data driven user management environment. They can then
leverage citizen centric user data as a strategic asset to:
i. Develop a 360° view of citizens
ii. Personalizing content and service delivery
iii. Slicing and dicing consumer data to identify user segments to target.
6.3 Service Channels
The UMANG platform should support services enablement over the following mobile
channels and interfaces:
6.3.1 Smart Client App
Smart client app should be enabled on Android, iOS, Windows or any other platform as
required. The features in the Mobile portal should closely match the features in the mobile
app and integrate with the same API integration layer of UMANG.
Following are some of the features that should be enabled through the UMANG:
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i. The app should provide quick and responsive experience even with limited
bandwidth and pages as required should be locally cached on the device.
ii. It should work on both online and offline mode wherever the pages are locally
cached. It would need connectivity only when it requires calling an API. Further, it
has to be ensured that the cached data is not exposed to any 3rd party in any form.
iii. It should work on all Android, iOS and Windows devices with the versions of
operating systems released by them in last three years from the date of work
order and all future releases.
iv. The App should support security features such as mobile OWASP and should pass
security testing by a third party.
v. It should support device elements such as accelerometers for enabling apps which
works on motion/shaking. Example: Women safety app which can trigger
notification based on shaking the device
vi. It should be able to use the device features to capture data like Images, Bar-codes,
Audio, Videos, GPS, Document pages along with date and time stamping and be
able to sync these to the server.
vii. It should also allow to upload stored data from the device like media files (image,
audio, video), PDF etc.
viii. It should have search functionality across all the pages.
6.3.2 Mobile Web
Mobile Web portal should support all device form factors like mobile, tablet, desktop etc.
through a responsive screen. It should be Operating System and device agnostic. Following
should be the features supported by Mobile Web:
i. It should work on all mobile and tablet form factors by recognizing the device
details automatically.
ii. It should be OS agnostic (at least all standard OS like iOS, Android, Blackberry, and
Windows)
iii. It should work on all standard browsers like IE, Chrome, Safari, Firefox etc.
iv. Support for dial to call feature from a page.
v. It should support multiple languages as specified in section 5.1.8.
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vi. It should be possible to make on-the-fly changes to the portal through a UI and
immediately make these available to citizens.
vii. The user experience of the citizen on the Mobile Portal and App should be similar
in terms of look and feel, navigation, menu and access to preferences and other
data.
viii. It should have search functionality across all the pages.
6.3.3 Low bandwidth support
A mobile portal as well as apps should be able to provide services at low bandwidths also.
For this, the mobile app and portals should be tuned for low bandwidths to facilitate access
of services by users when bandwidth is low.
6.3.4 Pull SMS
In Pull SMS services, citizen sends an SMS to a short/long code along with a keyword and
text which will be routed to a configured service. The service can send back a response
through the same short code/long code as per the service logic. This type of service is
mainly used for informational service where the citizen wishes to track or obtain
information. The syntax for the service will be made available through a help menu or as
response, if the citizen sends a wrong format request. Validation of the request sent by the
citizen shall be done by the service business logic.
Pull SMS services can be of 2 types:
i. One way pull SMS: Here the citizen uses to either capture data or report any event.
Example: citizen provides his feedback on SMS
ii. Two way or transactional Pull SMS services: Here the citizen goes through series
of interaction through pre-defined syntaxes to either seek information and/or do
a payment transaction.
6.3.5 Push SMS
UMANG should provide interfaces to departments and authorized users to send SMS
messages to citizens. Though push SMS service is envisaged for transactional service
however, it should support both transactional and promotional Push SMS services. It
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should support sender ID for required departments as per the TRAI guidelines. It should
support following ways of Push SMS services:
i. API based: UMANG should provide a standard API to the Departments to avail SMS
services and support text, binary and Unicode messages.
ii. Bulk Push through UI: UMANG should provide a user interface to the Departments
to add messages and user mobile numbers to push any bulk SMS. This should be
possible through file upload as well as FTP access to files. This should allow
scheduling the messages as well as replacement of parameters so that customization
is possible.
6.3.6 IVR (both Inbound and Outbound)
This Module shall support building Interactive Voice Response call flows that can be linked
to both Inbound and Outbound calls. When a call lands on to the configured numbers or
extensions, the IVR system should use both the called party and calling party numbers and
allow the calling citizen to navigate the configured services using key press (DTMF) with
cut through facility during announcements.
It should also be possible for the system to use preferences of the citizen in terms of
language as well as other data to make it simpler to access and utilize the services. The
calling party number should be used as the citizen identity and allow service related data to
be retrieved and used so that the citizen need not enter data again.
It should be possible through a graphical interface to be able to add new flows/modify
existing flows/ change prompts and publish these immediately without having the take the
services down.
The UMANG platform should generate extensive logs that will track the user navigation and
the options selected for audit purposes.
The IVR application shall integrate with the common API integration layer for any
department service interaction and shall support integration with other message channels
such as SMS to allow messaging through those channels.
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The Outbound Dialer System shall be able to initiate calls to the list of mobile numbers that
can be configured by any department. It shall be possible for the department to specify a
prompt as well as a call flow either through the Application Call flow UI or through VML.
An API shall also be provided so that departments can initiate Voice call to a number with
linked prompt or call flow that has been configured on the system.
Reporting should be provided that indicates the number of successful calls, failures with
reasons as well as the menu traffic for a given period.
6.3.7 Call Centre for handling IVR queries Partner Agency has to manage the Call centre for voice calls. All the expenses, except
charges for PRI line, in running the call centre operations shall be borne by the Partner
Agency.
7 Implementation Approach
i. NeGD will identify high usage e-gov applications of government and private sectors
across centre and all states with huge social impact. These services would be the
ones which will be integrated to UMANG platform to start with.
ii. The services offered through UMANG platform shall primarily be public services.
Though, citizen centric services from private businesses with very high relevance
and as decided by NeGD from time to time shall also be brought on the UMANG
platform. No payment (for SMS, Convenience Fees, API or any other charges.) shall
be paid by NeGD to the Partner Agency for enabling the citizen centric services
provided by private entities.
iii. Taking cognizance of the fact that already few departments have taken some steps
in the direction of mobile enablement and also, that few similar platforms have been
already deployed, UMANG platform shall have capabilities to integrate with such
platforms to enlarge the scope of services being delivered through the platform.
iv. UMANG platform will be developed and deployed centrally and made available to
different states with a customized UI (logos, banners etc.) as decided by the states.
v. UMANG shall be developed, implemented and maintained with help of a Partner
Agency.
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vi. NeGD will monitor the performance of the Partner Agency on different parameters
as explained in section 18.
8 Indicative Applications List
List given below in Table 1 is indicative in nature only and NeGD in its sole discretion may
add or remove applications in this list.
Table 1: Indicative Applications List
# Application Name
1. National Scholarship
2. Women Safety (Nirbhaya)
3. Health Care Applications
4. CCTNS
5. E-District
6. Passport Seva
7. E-Post
8. Income Tax – ITR, PAN
9. Transport - Vahan/Sarathi
10. CBSE/State Boards
11. E-Municipality
12. IRCTC
13. Utility Bills
14. Ticket Booking
15. m-Seva & Other Mobile Platforms
16. Mother and Child Tracking
17. Commercial Tax/GST
18. PDS
19. e-Court
20. Land Records
21. PF/NPS
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22. m-Kisan
23. Disaster Management
9 Commercial Structure
9.1 Commercial Structure Components
Table 2: Components of Commercial Structure
Application Enablement
(Per Application)
Platform Fee
(one time fee)
SMS Rates (Push)
(per successful transaction)
AMC Convenience Fee
(per successful payment
transaction)
Change Request Fee
(per Man Day)
Without
API developm
ent
With
API development
(in INR) (in INR) (in INR) (in INR) (% of C) (in INR) (in INR)
To be quoted by the Bidder
(A) (B) (C) (D) (E) (F) (G)
9.2 Platform Fee
UMANG platform shall be developed, deployed and managed by the Partner Agency for a
period of 3 years, extendable for 2+2 years on mutually agreed commercial terms &
conditions. Payment to the Partner Agency will be in the form of platform deployment and
enablement fees, Application enablement fees and SMS Charges. The Partner Agency shall
provide/develop the UMANG platform software and host it on the cloud hardware
provided by NeGD through NIC or any other empanelled cloud service provider, with due
permission from NeGD. The hosting environment as well as data (including back-up and
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replication) for the entire UMANG platform has to reside within the territory of India.
Finalization of the infrastructure as well as software requirements shall be done only after
due approval from NeGD.
9.3 Platform Fee payment milestones
The Partner Agency will be required to provide the quotation for UMANG Platform
Development and Deployment (C). The platform deployment fees (C) shall be paid in four
tranches.
Partner Agency will be eligible for this payment when the platform has enabled all the
functionality as mentioned under Scope of UMANG.
Table 4: Platform Fees Payment Milestones
On successful
deployment and Go-
live
On enablement of
Cumulative 50
applications on
UMANG
On enablement of
Cumulative 120
applications on
UMANG
On enablement
of Cumulative
200
applications on
UMANG
40 % C
+
(Application
enablement Fees for
5 applications)
20 % C 20 % C 20 % C
9.4 Platform Enablement
Platform enablement shall mean
i. That the platform is integrated with TSPs as mentioned in section 5.2.1
ii. The platform is ready for API based integration with various government/private
citizen centric applications.
iii. All the components of the platform as mentioned in section 5.2 are ready and
iv. Minimum 5 applications have gone live on the platform.
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9.5 Application Enablement / On-boarding
An Application enablement fees is required to be quoted by the Partner Agency for
Application enablement/Application on-boarding as defined in section 4.15. However,
following conditions would apply, in addition, for calculation of Application enablement
fees.
9.5.1 Enablement of channels Enablement of Mobile/Web Portal and Mobile App with push SMS(transactional) is
mandatory. However, enablement of Pull SMS (a) and IVR (b) shall be done as per the
requirement of the integrating departments. . In case of non-operationalization of non-
mandatory channels, if opted so by integrating department, Application enablement fees
would be deducted by 10% for each non-operationalized channel from the list below.
a. Enablement on Pull SMS
b. Enablement on IVR
c. Enablement on Mobile Portal and App with push SMS. (Mandatory)
Under a given application, calculation of deduction shall be done on a pro-rata basis for
each service separately.
9.5.2 Enablement of Payment Enablement of Payment through payment gateway and/or where there is integration
required outside of the Payment Gateway as decided by NeGD/integrating department.
This is mandatory for services requiring payments and wherever not required or not
opted for by the integrating department, a deduction of 5% of the Application
enablement fees would be made.
Under a given application, calculation of deduction shall be done on a pro-rata basis for
each service separately.
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9.6 Application enablement Fees
9.6.1 Without API Development (A) Partner Agency is required to provide the quotation for Application enablement Fees
where there is no need for API development (A). Application enablement is as
mentioned in section 4.15. The Partner Agency is required to provide the unit cost for
Application enablement in Indian Rupees.
9.6.2 With API Development Cost (B) For applications where API’s are not ready with the integrating department
application/back-end, APIs will have to be developed for the application in addition to
other Application enablement activities. In such cases the Partner Agency will have to
provide the quotation for development of API’s for all the services under that application.
1 100
2 8
3
4 Channel
No. of Services not
done Deduction Rate
Pro-rated
Deduction Amount
5 Pull SMS Nil (Mandatory) NA 0.00
7 IVRS 5 10% 6.25 (5/8 * 10% * 100)
8
Mobile App with
push SMS
(transactional) Nil (Mandatory) NA 0
9 6.25
10
11 Done 4 5% 2.50 (4/8 * 5% * 100)
12 2.50
13 8.75
18 91.25
Total Deduction (Y = D1 + D2)
Payable Application Enablement Fees (X -Y)
Deductions
Illustration: Application Enablement Fees Payment
Payments Enablement
Channel Enablement
Total Deduction for Channel (D1)
Application Enablement Fees (X)
Total Services
Total Deduction for Payments (D2)
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9.6.3 Pro-rata payment In case, some services have ready API’s, the Application Enablement Fees shall be on a pro-
rata basis:
[(No. of services for which API available * A) + (No. of services for which APIs developed *
B)/ Total number of services under the application].
9.7 Application enablement target
For the mandatory 5 Application enablement along with platform deployment and
enablement, the payment shall be made on successful platform deployment and
enablement.
Table 3: Application Enablement Target
1st year 2nd year 3rd year
Number of Application enablement/year (Total) 50 70 80
9.8 SMS Charges for successful transactions
Partner Agency will be provided by NeGD, SMS Charges per successful transaction across
all the channels as per the table below. The SMS charges (per successful transaction) to be
quoted by the Partner Agency should not be less than 1 paisa and more than 15 paisa.
Table 5: Rate Card for SMS Charges
Item Rate (per successful
transaction) (in INR)
Push SMS (D)
9.9 Infrastructure and other costs
The Partner Agency is required to provide a detailed bill of material (BoM) for deployment,
running and managing the entire platform. The Partner Agency is required to submit the
year on year infrastructure size as well. Partner Agency will be responsible to procure all
the necessary System S/W and Platform Components under the BoM. The BoM should also
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include the H/W requirement, bandwidth requirement, rack space, firewall and other
system components.
NeGD will require a proper, satisfactory explanation for the BoM proposed by the Partner
Agency.
9.10 Convenience Fees
Partner Agency will be provided by NeGD, a Convenience Fees per successful payment
transaction across all the channels. (Refer section 4.7.1). The convenience fees payable (per
successful payment transaction) to be quoted by the Partner Agency should be between Rs.
0 to Rs. 15/- . The convenience fees shall not be payable for year 1 (one) of the project.
9.11 Annual Maintenance Charge
Partner Agency shall be paid an Annual Maintenance Charge(AMC) which is to be quoted
by the agency as a percentage of C (Platform Fees). Payments for AMC shall be made on
quarterly basis post go-live of the platform with 5 application enablements.
9.12 Enabling citizen centric Services offered by private entities.
Citizen centric services from private entities with very high relevance and as decided by
NeGD from time to time shall also be brought on the UMANG platform. No payment (for
SMS, Convenience Fees, API or any other charges.) shall be paid by NeGD to the Partner
Agency for enabling such private services. NeGD may however charge onetime on-boarding
fees, as decided from time to time, from the Partner Agency for enabling such private
services. In addition, annual fees may also be charged from the Partner Agency. Also,
convenience fees (if any) rate charged by Partner Agency from the private entity should be
done in concurrence of NeGD.
10 Responsibility Matrix
Table 6: Responsibility Matrix
Responsibility NeGD Partner Agency Department Citizen
Core Platform (To be quoted by
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Partner Agency)
Infra (Cloud, Bandwidth etc.)
NeGD to provide
through NIC
Maintenance and
DevOps X X
Software and AMC (To be quoted
by Partner Agency)
To be
developed/provided
by Partner Agency X X
Anti-Virus, Certificates, Tools etc
To approve the
requirements.
Get approved by
NeGD. To provide. To
be a part of the
platform fees quoted.
Bill of Material to be
provided. X X
UMANG Mobile App and portal
(Part of Platform)
To develop and
maintain X X
Application Enablement
Fees (To be quoted by Partner
Agency) To pay; clear bills
Application Enablement Work
Facilitate, write
letters to
departments; Sign-
off in consultation
with the
departments
Talk to departments;
visit them;
requirement
gathering and study;
enablement work as
defined in the RFP
To sign-off;
Give access to
the
application
back-end; X
SMS
Push (Transactional) (Rate to be
quoted by Partner Agency)
Allotment and
opening of short
code; Payment for
SMS charges
Place bill along with
usage data/proof as
per the RFP;
Develop SMS
templates; get
approved by
departments; any
other SMS related
work Approve X
Pull Allotment and
opening of short
Develop SMS
templates; get
Approve SMS
templates;
Pay SMS
charges
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code; approved by
departments; any
other SMS related
work
IVR (Toll Free)
Software and Menu setup Co-ordination Yes
Provide
inputs related
to the
application. X
PRI Lines Yes Technical Integration X X
Toll Free Number Procure and pay
Bill OBD as per the
RFP X X
Call Center
Monitor; Pay for
PRI lines. Set-up and manage X Use
Convenience Fees
Co-ordination with
departments.
Provision for
charging convenience
fees. Reconciliation
and settlement.
To agree for
convenience
fees. To pay.
Payment Gateway
Co-ordinate with
Payment Gateway
Providers; Technical
Integration; Enable
payments for
services requiring
users to pay.
Reconciliation and
settlement. Any other
work as per the RFP.
To accept
integration;
Provide
necessary
details for
settlement
etc.
Change Request Place requirements.
To quote and provide
estimate; Do the
work within
estimated timelines
Place
requirements
to NeGD X
Application Audit Co-ordination
To provide for all the
details and
documents/reports
to the auditors
Provide
access
whenever
required. X
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11 Transactions Estimates (Indicative) Transactions through various channels have been estimated by extrapolation of the Usage
Data of a similar initiative of Government of Karnataka (i.e. Mobile One). The detailed
estimation is at Annexure C of this document.
12 Roles and Responsibilities
The following section outlines the responsibilities of NeGD, Partner Agency and Integrating
Departments.
12.1 Partner Agency
i. The Partner Agency is responsible for development and maintenance of the
UMANG platform as mentioned in this RFP and to comply with all necessary
standards and regulations.
ii. Responsible for integration with SMS Aggregator for SMS based Push & Pull
services.
iii. The Partner Agency shall provide multi lingual support as mentioned in section
4.8(i).
iv. UMANG platform will be hosted on DC and DR site in the NIC cloud or any other
DeitY empanelled cloud service provider on hot stand by mode so that in case of
a failure at DC the operations of UMANG platform shift to DR site without
affecting the availability of platform.
v. Responsible for day to day operation of the UMANG platform including
reporting, issue resolution etc. pertaining to the UMANG platform.
vi. Responsible for creating APIs for department for enablement on UMANG
platform.
vii. Responsible for creation of APIs for external entities/third parties.
viii. Documentation and publishing of integration APIs on the UMANG web portal.
ix. Compliance & Certifications
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a. Responsible for compliance of the platform to various guidelines &
regulations (eg. RBI’s mobile banking & payment guideline, TRAI’s Bulk
SMS Guideline).
b. Provide necessary help to NeGD for various certifications which are
mandatory for smooth functioning of UMANG.
i. NeGD will pay for the certification cost (eg. PCI / DSS).
ii. NeGD to decide on the timing for the certification depending
on the business need.
x. The Partner Agency will create and take a sign-off on the documents
required at various stages of SDLC including FRS (Functional Requirement
Specification) during UMANG development and maintenance and support.
It will be also responsible for regular updation of the documents as and
when required.
xi. Conduct training to help government departments to enable mobile services
for the respective departments so as to generate maximum benefit out of the
mobile governance initiative.
xii. Will undertake all the tasks related to hosting, deployment and operation for
smooth functioning of UMANG platform on NIC Cloud or any other DeitY
empanelled cloud service provider, with due permission from NeGD.
xiii. Partner Agency will be responsible for procuring all the necessary hardware
and software for deployment and running of UMANG project. Please refer
Annexure III for details on hardware and software that will be provided for if
UMANG is hosted on NIC cloud.
xiv. Will provide all the information related to network infrastructure, internet
connectivity, power backups for smooth functioning of the UMANG platform on
NIC Cloud.
xv. Provide backup tapes/disks for periodic backup of the data, software and other
related configurations of UMANG platform in DC and DR.
xvi. Responsible for providing Level 1 support:
a. Publish a number for citizen to dial-in to lodge help desk request.
b. Publish email id for citizen to send request via email.
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c. Help Desk personnel should be familiar with English, Hindi and all Indian
Regional Languages.
d. Help Desk should be available 24x7 from 8:00 AM to 8:00 PM.
xvii. Work closely with NeGD to manage day to day relationship with telecom
operator, financial institutions, other government departments and any other
external entity as identified by NeGD for operationalization and management of
the platform.
xviii. Appoint Payment Gateway and Banking partners for all Payment services like
Netbanking, Credit cards, Debit cards, IMPS, Telco Wallets etc..
xix. Liaison with Payment Gateway and Banking partners and manage all necessary
day to day coordination with them.
xx. Manage FAT (Functional Acceptance Testing), Load Testing, Performance
Scalability Testing. The Partner Agency will be providing the necessary baseline
documents and other documentary evidence of carrying out the testing for
UMANG project.
xxi. Will be responsible for getting all necessary sign offs and approvals from
Government Departments.
xxii. The Partner Agency is allowed to sub-contract the work pertaining to
Application Enablement task ONLY to other agencies. No other work shall be
allowed to be sub-contracted. In cases where the work is sub-contracted, the
liability of SLAs would be with the Partner Agency.
12.2 National e-Governance Division (NeGD)
NeGD is the implementing Department and primarily responsible for all regulatory and
program management and project monitoring responsibilities as given below:
i. Constitute the Governance and Project Management Structures as required for
implementation and rollout of UMANG Platform.
ii. Create PMU (Program Management Unit) who would be responsible for
management of UMANG initiative for rollout on PAN India basis.
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iii. Continuous monitoring of Program Management Unit and evaluate the
performance of the same on regular intervals.
iv. Evaluate the bids received in response to UMANG Partner Agency Selection RFP
and support NeGD in selection of the Partner Agency.
v. Provide Work Order to the Partner Agency before Partner Agency starts
Application on-boarding.
vi. End-to-end management of UMANG initiative for rollout on PAN India basis.
vii. Responsible for drafting scope document for enabling services based on which
the Partner Agency will develop the services.
viii. Review of functional specifications, test documents, acceptance plant, project
plans, architecture related to UMANG platform
ix. Create a channel selection matrix for enabling mobile services on different
channel. i.e. the document should clearly suggest which service should be
enabled on what all different channels for the departments.
x. Project evaluation and SLA monitoring and clearance of invoices raised by the
Partner Agency on time.
xi. Facilitate in getting adequate space and racks in the NIC Data center and DR
Center to host the UMANG servers.
xii. Evaluate Change Requests raised by the Partner Agency and ensuring timely
approval on the change request effort estimations.
xiii. Perform validation of all the deliverables with regards to UMANG platform.
xiv. Continuous monitoring of the project and evaluate the performance of the same
on regular intervals.
xv. Facilitate meeting of the Steering Committee at regular intervals to take stock of
the progress of the project, resolve issues.
xvi. Issue relevant Government Orders and guidelines with respect to any reforms or
Business process reengineering with defined Standard operating procedures
(SOP).
xvii. Appoint 3rd party agencies for Security Audits or any other audit.
xviii. Strive to get necessary Government Orders for higher adoption of UMANG
platform and on-boarding of services.
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xix. Do all necessary liaisons with Government Departments, NeGD, NIC, DeitY,
external entities (TRAI, NPCI, RBI etc.) and Partner Agency etc.
xx. Facilitate procurement of toll free number.
xxi. Interface with all Telecom operators for speeding up integration process and
coordinate with Telecom Ministry for getting short codes for SMS and toll free
for IVR.
xxii. To coordinate with Telecom Operators for MSISDN forwarding, Multimodal
number etc.
12.3 Integrating Departments
UMANG platform will be deployed in the NeGD selected Cloud and will be accessible to all
integrating Govt. departments through a secure connectivity. NeGD will coordinate with
these departments. The responsibilities of the integrating departments are:
1. Appoint single point of contact to work with NeGD/Partner Agency.
2. Classify services within the integrating department based on the back-end availability
of API and eGov enablement.
3. Classify services based on guidelines from NeGD for UMANG Mobile App and other
channels.
4. Service identification and scope finalization, specifications and all necessary sign off of
services for enablement on UMANG Platform .
5. Participate in discussion with Partner Agency to select appropriate templates for
services.
6. Identify the API availability of services and create and approve the specifications for the
service.
7. Integrate with the UMANG platform using the UMANG API and the department API for
transfer of data.
8. Test services and approve these for taking live.
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13 Instructions to Bidder
13.1 Tentative Calendar of Events
13.2 RFP Document Fees
RFP document same can be downloaded from NeGD website www.negd.gov.in. Tender fees
will be Rs. 5,250 only (Rupees Five Thousand Two Hundred Fifty Only), to be submitted in
the form of a non-refundable bank demand draft drawn in favour of MEDIA LAB ASIA –
NEGD, payable at Delhi. The demand draft of RFP document fees should be submitted along
with Technical proposal. Tenders received without or with inadequate RFP document fees
shall be liable to get rejected.
The bidders are expected to examine all instructions, forms, terms, project requirements
and other information in the RFP documents. Failure to furnish all information required as
mentioned in the RFP documents or submission of a proposal not substantially responsive
to the RFP documents in every respect will be at the bidder's risk and may result in
rejection of the proposal and forfeiture of the bid security.
13.3 Pre-Bid Conference
NeGD will host a Pre-Bid Conference, tentatively scheduled on 5th May 2016. The date,
time and venue of the conference will be intimated to all bidders through e-mail or fax. The
Item # Milestone Days
RFP Phase
1. Release of Request For Proposal 20/04/2016
2. Last date for Submission of Written Questions by
Bidders
30/04/2016
3. Pre-Bid Conference 05/05/2016
4. Response to bidder Questions 11/05/2016
5. Last Date for Submission of Proposals 06/06/2016
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representatives of the shortlisted organizations may attend the pre-bid conference at their
own cost. The purpose of the conference is to provide bidders with information regarding
the RFP and the proposed solution requirements in reference to the RFP. Pre-Bid
Conference will also provide each bidder with an opportunity to seek clarifications
regarding any aspect of the RFP and the project.
13.4 Response to Bidder’s Queries
All enquiries from the bidders relating to this RFP must be submitted in writing exclusively
to the contact person. Contact details for the RFP are as follows:
Name: Sh. Amit Kumar
Address:4th Floor, NeGD, Electronics Niketan, 6 CGO Complex, New Delhi - 110003
E-mail: [email protected]
Telephone: 011-30481641
The queries should necessarily be submitted in the following format:
# Bidding Document
Reference(s)
(section number/
page number)
Content of RFP
requiring
clarification
Points of
clarification
Required
All enquiries should be sent in writing through authorized signatory of the company
followed by word document in an email. NeGD shall not be responsible for ensuring that
bidders’ enquiries have been received by NeGD. However, NeGD neither makes any
representation or warranty as to the completeness or accuracy of the responses, nor does it
undertakes to answer all the queries that have been posed by the bidders. All responses
given by NeGD will be distributed to all the bidders, without displaying the name of bidders
who raised the queries.
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13.5 Supplementary Information / Corrigendum / Amendment to the RFP
If NeGD deems it appropriate to revise any part of this RFP or to issue additional data to
clarify an interpretation of the provisions of this RFP, it may issue
supplements/corrigendum to this RFP. Such supplemental information will be
communicated to all the bidders by e-mail and will also be made available on NeGD’s
website. Any such supplement shall be deemed to be incorporated by this reference into
this RFP.
At any time prior to the deadline (or as extended by NeGD) for submission of bids, NeGD,
for any reason, whether at its own initiative or in response to clarifications requested by
prospective bidder may modify the RFP document by issuing amendment(s). All bidders
will be notified of such amendment(s) by publishing on the websites, and these will be
binding on all the bidders.
In order to allow bidders a reasonable time to take the amendment(s) into account in
preparing their bids, NeGD, at its discretion, may extend the deadline for the submission of
bids.
13.6 Proposal Preparation Costs
The bidder shall be responsible for all costs incurred in connection with participation in the
RFP process, including, but not limited to, costs incurred in conduct of informative and
other diligence activities, participation in meetings/discussions/presentations, preparation
of proposal, in providing any additional information required by NeGD to facilitate the
evaluation process, and in negotiating a definitive Service Agreement (Master Service
Agreement) and all such activities related to the bid process. This RFP does not commit
NeGD to award a contract or to engage in negotiations. Further, no reimbursable cost may
be incurred in anticipation of award of the contract for implementation of the project.
13.7 NeGD’s Right to terminate the Process
NeGD makes no commitments, explicit or implicit, that this process will result in a business
transaction with anyone. Further, this RFP does not constitute an offer by NeGD. The
bidder’s participation in this process may result in NeGD selecting the bidder to engage in
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further discussions and negotiations towards execution of a contract. The commencement
of such negotiations does not, however, signify a commitment by NeGD to execute a
contract or to continue negotiations.
13.8 Earnest Money Deposit (EMD)
Bidders shall submit, along with their Bids, an EMD amount of Rs. 50,00,000 only ( Rupees
Fifty lakhs Only) in the form of a Demand Draft/ Bank Guarantee/Banker’s cheque/FDR
issued by any Commercial bank in favour of MEDIA LAB ASIA-NEGD payable at Delhi.
EMD should be valid for 225 days (180 days bid validity period+ 45 days beyond bid
validity) from the opening date of the tender. Bid security in any other form will not be
accepted. Format for bid security is provided in section 2.2.4 of Master Services Agreement.
Bank Guarantee to be provided against this tender should be issued by a commercial bank.
EMD shall be returned to the unsuccessful bidder at the earliest after final bid validity and
latest on or before the 30th day after the award of contract to successful bidder. The bid
security, for the amount mentioned above, of successful bidder would be returned upon
submission of Performance Guarantee. Also, bid security should remain valid for a period
of 45 days beyond the final bid validity period.
The bid security amount is interest free and will be refundable to the unsuccessful bidders
without any accrued interest on it.
The bid submitted without bid security, as mentioned above, will be summarily rejected.
The bid security may be forfeited:
1. If a bidder withdraws its bid during the period of bid validity
2. If the bidder fails to sign the contract in accordance with terms and conditions (Only
in case of a successful bidder)
3. Fails to furnish performance security
4. Any information given is found wrong.
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13.9 Authentication of Bids
The original and all copies of the bid shall be typed or written in indelible ink and signed by
the Bidder or a person duly authorized to bind the Bidder to the contract. A letter of
authorization shall be supported by a written power-of-attorney accompanying the bid. All
pages of the bid, except for un-amended printed literature, shall be initialled and stamped
by the person or persons signing the bid.
13.10 Interlineations in Bids
The bid shall contain no interlineations, erasures or overwriting except as necessary to
correct errors made by the Bidder, in which case such corrections shall be initialled by the
person or persons signing the bid.
13.11 Venue & Deadline for submission of proposals
Proposals, in its complete form in all respects as specified in the RFP, must be submitted in
the tender box kept at the address specified below:
Name and Address: Telephone: Email: Last Date & Time of submission:
13.12 Late Bids
Bids received after the due date and the specified time (including the extended period if
any) for any reason whatsoever, shall not be entertained and shall be returned unopened.
13.13 Bid Submission Instructions
Proposals must be direct, concise, and complete. NeGD will evaluate bidder’s proposal
based on its clarity and the directness of its response to the requirements of the project as
outlined in this RFP. Bidders shall furnish the required information on their technical and
commercial proposals in the enclosed formats only. Any deviations in format or if the
envelopes are not sealed properly, the tender will be liable for rejection.
13.14 Mode of Submission
Submission of bids shall be in accordance to the instructions given in the Table below:
Envelope Instructions
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Envelope 1: Bid Security The envelope containing the Bid Security
shall be sealed and super scribed “Bid
Security – Unified Mobile Application for
New-age Governance (UMANG)”. This
envelope should not contain any
Commercials, in either explicit or
implicit form, in which case the bid will
be rejected. This envelope should also
contain “Undertaking from the bidder on
submitting the commercial proposal” A
board resolution authorizing the Bidder
to sign/ execute the proposal as a
binding document and also to execute all
relevant agreements forming part of RFP
shall be included in this envelope.
Envelope 2: Technical Proposal The Technical Proposal shall be prepared in
accordance with the requirements specified
in this RFP and in the formats prescribed in
the RFP. The envelope shall be sealed and
super scribed “Technical Proposal – Unified
Mobile Application for New-age Governance
(UMANG)” on the top right hand corner and
addressed to NeGD, at the address specified
in this volume. This envelope should not
contain any Commercials, in either explicit
or implicit form, in which case the bid will
be rejected. The technical proposal should
be submitted with two printed copies of the
entire proposal and a soft copy on non-
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rewriteable compact discs (CDs) with all the
contents of the technical proposal. The
words “Technical Proposal – Unified Mobile
Application for New-age Governance
(UMANG)” shall be written in indelible ink
on the CD. The Hard Copy shall be signed
and numbered by the authorized signatory
on all the pages before being put along with
the CD in the envelope and sealed.
In case of discrepancies between the
information in the printed version and the
contents of the CDs, the printed version of
the technical proposal will prevail and will
be considered as the proposal for the
purpose of evaluation.
Envelope 3: Commercial Proposal The Commercial Proposal will be submitted
only in the printed format and the bidder is
expected to submit one copy of the
Commercial Proposal as per the formats
defined in the RFP All the pages in the
commercial response should be on the
letterhead of the Bidder with a seal and
signature of the authorized signatory of the
Bidder. The hard copy shall be signed by the
authorized signatory on all the pages before
being put in the envelope and sealed. The
envelope should also be superscribed
“Commercial Proposal – Unified Mobile
Application for New-age Governance
(UMANG)” (Not to be opened with the
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Technical Proposal)at the top right hand
corner and addressed to NeGD at the
address specified in this RFP.
Envelope 4 All the above 3 envelopes along with the
tender fees documents should be put in
Envelope 4 which shall be properly sealed.
The outside of the envelope must clearly
indicate the name of the project (“Unified
Mobile Application for New-age Governance
(UMANG): Response to the RFP for Selection
of Partner Agency”).
Note: The outer and inner envelopes mentioned above shall indicate the name and
address of the bidder agency. Failure to mention the address on the outside of the
envelope could cause a proposal to be misdirected or to be received at the required
destination after the deadline.
NeGD will not accept delivery of proposal in any manner other than that specified in this
volume. Proposal delivered in any other manner shall be treated as defective, invalid and
rejected.
The bidders are requested to sign/ stamp across the envelopes along the line of sealing to
ensure that any tampering with the proposal cover could be detected.
The envelope with technical and commercial proposals should be submitted along with a
certified true copy of the corporate sanctions/approvals authorizing its authorized
representative to sign/act/execute documents forming part of this proposal including
various RFP documents and binding contract, at the address and time as specified in this
RFP.
The proposals shall be valid for a period of Six (6) months from the date of opening of the
proposals. A proposal valid for a shorter period may be rejected as non-responsive. On
completion of the validity period, unless the bidder withdraws his proposal in writing, it
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will be deemed to be valid until such time that the bidder formally (in writing) withdraws
his proposal.
In exceptional circumstances, at its discretion, NeGD may solicit the bidder's consent for an
extension of the validity period. The request and the responses thereto shall be made in
writing.
13.15 Commercial Proposal
- In the commercial bid, the Bidder is expected to price for all the items and services it has
proposed in the Technical Proposal. NeGD, may seek clarifications from the Bidder on the
Technical Proposal. Any of the clarifications by the Bidder on the technical proposal should
not have any commercial implications. The Commercial Proposal submitted by the Bidder
should be inclusive of all the items in the technical proposal and should incorporate all the
clarifications provided by the Bidder on the technical proposal during the evaluation of the
technical offer.
- Unless expressly indicated in this RFP, bidder shall not include any technical information
regarding the services in the commercial proposal. Additional information directly relevant
to the scope of services provided in the RFP may be submitted to accompany the proposal.
However, this information will not be considered for evaluation purposes. All the Prices/
Commercials shall be quoted entirely in Indian Rupees for preparation of Commercial
Proposal against this RFP. The bidder must provide the Commercial Proposal in hard copy
only and should not comprise of any direct/ indirect conditions. It is required that the all
the proposals submitted against the RFP should be unconditional.
13.15.1 Correction of Error
Bidders are advised to exercise adequate care in quoting the prices. No excuse for
corrections in the quoted figures will be entertained after the commercial proposals are
received by NeGD. All corrections, if any, should be initialled by the person signing the
proposal form before submission, failing which the figures for such items may not be
considered.
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Arithmetic errors in proposals will be corrected as follows: In case of discrepancy between
the amounts mentioned in figures and in words, the amount in words shall govern. The
amount stated in the proposal form, adjusted in accordance with the above procedure, shall
be considered as binding, unless it causes the overall proposal price to rise, in which case
the proposal price mentioned in figure shall govern.
13.15.2 Prices and Price Information
The Bidder shall quote a price for all the components, the services of the solution to meet
the requirements of NeGD. All the prices will be in Indian Rupees
No adjustment of the price quoted in the Commercial Proposal shall be made on account of
any variations in costs of labour and materials, currency exchange fluctuations with
international currency or any other cost component affecting the total cost in fulfilling the
obligations under the contract
The price quoted in the Commercial Proposal shall be the only amount payable to the
successful Bidder for completion of the contractual obligations by the successful Bidder
under the Contract, subject to the terms of payment specified as in the proposed
commercial bid or the one agreed between NeGD, and the Bidder after negotiations. The
price would be inclusive of all taxes, duties, charges and levies as applicable.
The prices, once offered, must remain fixed and must not be subject to escalation for any
reason whatsoever within the period of the validity of the proposal and the contract. A
proposal submitted with an adjustable price quotation or conditional proposal may be
rejected as non-responsive.
Bidder should provide all prices, quantities as per the prescribed format given in Format
for Bid Response – Commercial Bid. Bidder should not leave any field blank. In case the
field is not applicable, Bidder must indicate “0” (zero) in all such fields.
It is mandatory to provide the break-up of all components in the format specified for
detailed Bill of Material. The commercial bid should include the unit price and proposed
number of units for each component provided in the Bill of Material in the commercial bid.
In case of a discrepancy between the Bill of Material and the commercial bid, the
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commercial bid remains valid. In no circumstances shall the commercial bid be allowed to
be changed / modified.
The price should be quoted inclusive of all taxes and levies (Local Octroi and all other
taxes) All the taxes of any nature whatsoever shall be borne by the Bidder including any
additional taxes/levies due to change in tax rates through the validity of the bid and
contract.
All costs incurred due to delay of any sort, shall be borne by the Bidder.
NeGD, reserves the right to ask the Bidder to submit proof of payment against any of the
taxes, duties, levies indicated within specified time frames.
13.16 Language of Proposals
The proposal and all correspondence and documents shall be written in English. All
proposals and accompanying documentation will become the property of NeGD, and will
not be returned.
13.17 Conditions under which this RFP is issued
This RFP is not an offer and is issued with no commitment. NeGD, reserves the right to
withdraw the RFP and change or vary any part thereof at any stage. NeGD, also reserves the
right to disqualify any bidder should it be so necessary at any stage.
Timing and sequence of events resulting from this RFP shall ultimately be determined by
NeGD.
No oral conversations or agreements with any official, agent, or employee of NeGD, shall
affect or modify any terms of this RFP and any alleged oral agreement or arrangement
made by a bidder with any department, agency, official or employee of NeGD, shall be
superseded by the definitive agreement that results from this RFP process. Oral
communications by NeGD, to bidders shall not be considered binding on it, nor shall any
written materials provided by any person other than NeGD.
Neither the bidder nor any of the bidder’s representatives shall have any claims
whatsoever against NeGD or any of their respective officials, agents, or employees arising
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out of or relating to this RFP or these procedures (other than those arising under a
definitive service agreement with the bidder in accordance with the terms thereof).
Until the contract is awarded and during the currency of the contract, bidders shall not,
directly or indirectly, solicit any employee of NeGD, to leave NeGD, or any other officials
involved in this RFP process in order to accept employment with the bidder, or any person
acting in concert with the bidder, without prior written approval of NeGD.
13.18 Rights to the Content of the Proposal
All proposals and accompanying documentation of the Technical proposal will become the
property of NeGD, and will not be returned after opening of the technical proposals. The
commercial proposals that are not opened may be returned to the bidders. NeGD is not
restricted in its rights to use or disclose any or all of the information contained in the
proposal and can do so without compensation to the bidders. NeGD shall not be bound by
any language in the proposal indicating the confidentiality of the proposal or any other
restriction on its use or disclosure.
13.19 Modification and Withdrawal of Proposals
No proposal may be withdrawn in the interval between the deadline for submission of
proposals and the expiration of the validity period specified by the bidder on the proposal
form. Entire bid security may be forfeited if any of the bidders withdraw their bid during
the validity period.
13.20 Non-Conforming Proposals
A proposal may be construed as a non-conforming proposal and ineligible for
consideration:
If it does not comply with the requirements of this RFP. Failure to comply with the
technical requirements, and acknowledgment of receipt of amendments, are common
causes for holding proposals non-conforming
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If a proposal appears to be “canned” presentations of promotional materials that do not
follow the format requested in this RFP or do not appear to address the particular
requirements of the proposed solution, and any such bidders may also be disqualified
13.21 Disqualification
The proposal is liable to be disqualified in the following cases or in case bidder fails to meet
the bidding requirements as indicated in this RFP:
1. Proposal not submitted in accordance with the procedure and formats prescribed in
this document or treated as non-conforming proposal
2. During validity of the proposal, or its extended period, if any, the bidder increases
his quoted prices
3. The bidder qualifies the proposal with his own conditions
4. Proposal is received in incomplete form
5. Proposal is received after due date and time at the designated venue
6. Proposal is not accompanied by all the requisite documents
7. If bidder provides quotation only for a part of the project
8. Information submitted in technical proposal is found to be misrepresented,
incorrect or false, accidentally, unwittingly or otherwise, at any time during the
processing of the contract (no matter at what stage) or during the tenure of the
contract including the extension period if any
9. Commercial proposal is enclosed with the same envelope as technical proposal
10. Bidder tries to influence the proposal evaluation process by
unlawful/corrupt/fraudulent means at any point of time during the bid process
11. In case any one bidder submits multiple proposals or if common interests are found
in two or more bidders, the bidders are likely to be disqualified, unless additional
proposals/bidders are withdrawn upon notice immediately
12. Bidder fails to deposit the Performance Security or fails to enter into a contract
within 30 working days of the date of notice of award of contract or within such
extended period, as may be specified by NeGD. Bidders may specifically note that
while evaluating the proposals, if it comes to NeGD’s knowledge expressly or
implied, that some bidders may have colluded in any manner whatsoever or
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otherwise joined to form an alliance resulting in delaying the processing of proposal
then the bidders so involved are liable to be disqualified for this contract as well as
for a further period of three years from participation in any of the tenders floated by
NeGD
13. The bid security envelope, technical proposal and the entire documentation
(including the hard and soft/electronic copies of the same) submitted along with
that should not contain any information on price, pricing policy, pricing mechanism
or any information indicative of the commercial aspects of the bid.
13.22 Conflict of Interest
Bidder shall furnish an affirmative statement as to the absence of, actual or potential
conflict of interest on the part of the Bidder or any prospective subcontractor due to prior,
current, or proposed contracts, engagements, or affiliations with NeGD/DeitY. Additionally,
such disclosure shall address any and all potential elements (time frame for service
delivery, resource, financial or other) that would adversely impact the ability of the Bidder
to complete the requirements as given in the RFP. Please use form given in Format – Other
Formats for making declaration to this effect.
14 Bidding and Evaluation Process
14.1 Eligibility Criteria
The following criterion shall be met by the company:
S.No Parameter Criteria Evidence to be Submitted
1 Legal Entity 1. A company incorporated in
India under the Companies Act,
1956/LLP registered under LLP
Act 2008 and subsequent
amendments thereto
2. Registered with the Service
Tax and VAT Authorities in
1. Copy of Certificate of
Incorporation
2. Copy of Registration
Certificates with the Service
Tax & VAT Authorities
3. Copy of purchase orders
showing at least 3 years of
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India operations
2 Turnover The company shall have a
Cumulative Total Turnover of
INR 30 Crores during last
three financial years (i.e. Year
2013-14, year 2014-15 & year
2015-16) with minimum
turnover of INR 10 crores in
each of last three years in one
of the following areas or any
combination thereof,
Telecom applications/ VAS
IT Applications
Audited Balance Sheet for
the year
2015 – 2016
2014 – 2015
2013 – 2014
Certificate by Chartered
Accountant
3 Experience Bidder should have experience
of at least 3 projects involving
G2C/G2G/B2C services on
all or any one of Telecom
channels viz. SMS Pull/IVR
and
mobile applications
Copy of work order +
Completion Certificates
from the client; OR Work
Order + Self Certificate of
Completion (Certified by
CS/independent auditor of
the bidding entity); OR
Work Order + Phase
Completion Certificate from
one of the Directors of the
bidding entity/client
certificate
4 Blacklisting Bidder should not have been
blacklisted or debarred from
tendering by Govt. of
India/State
Government/Central PSU at the
Self-certificate letter
undertaking to this effect on
company's letter head
signed by company’s
authorized signatory.
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time of bid submission date
i. Consortium shall be allowed to participate in the bid subject to a maximum of
three members. The Lead company of the consortium is required to fulfil the
above criteria. Only the Lead Company shall interact with NeGD for all
obligations/ payments. Change in consortium members, only after prior
permission from NeGD, shall be allowed provided the lead company remains
same. Lead company shall be referred to as the Bidder.
A document shall be submitted regarding the formation of the consortium. The
members of the consortium shall be responsible for the project individually as well
as collectively.
ii. The bidder shall give an undertaking to establish office in 4 regions of the
country within 6 months of placement of work order.
14.2 Evaluation Criteria
14.2.1 Technical Evaluation Criteria
The technical bids shall be evaluated and will be given marks based on the following
criterion:
# Category Marks Marking procedure
1 Projects involving
G2C/G2G/B2C services on all or
any one of Telecom channels viz.
SMS(Pull & Push) /IVR
10 3 projects– 6 marks,
4 to 8 projects – 8 marks
8 and more projects -10 marks
2
.
Projects involving G2C/G2G/B2C
services on Mobile
Application/Mobile Web
15 3 projects– 10 marks,
4 to 8 projects – 12 marks
8 and more projects -15 marks
3 Demo of technical 30
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capabilities/features required
under UMANG
Mobile Application/Mobile Web
API Integration Layer
SMS Push and PULL Interface
Payment Gateway
IVRS
10 marks
5 marks
5 marks
5 marks
5 marks
4 Presentation on understanding of
the project (see detailed breakup
below)
15
4 No. of Transactions through one
Mobile App deployed by
bidder/consortium partner
10 1 L/month – 4 marks
1-2 L/month – 6 marks
2-3 L/month – 8 marks
3-4 L/month–10 marks
6 No. of transactions through One
IVR system.
5 0.5 L/month – 2 marks
0.5-1 L/month – 3 marks
1-2 L/month – 4 marks
2-3 L/month – 5 marks
7 No. of applications/back-end
integrated
15 5-10 – 5 marks
11-20 – 8 marks
> 20 – 10 marks
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Category Marks
Mobile Governance Solution Offered by Bidder (15 Marks)
Understanding of the Functional requirements (minimum 500 words limited to 1000 word document for each sub-section with necessary diagrams ) [5 Marks]
i. Understanding of the scope of the project 0.5
ii. Description of various functional components of the platform 1
iii. Description of functional dependencies on components provided by sub-contractors and departments to enable service successfully on the platform 1
iv. Description of various Non-Functional Requirements (UI, UX, Branding etc.) of the Application 0.5
Understanding of the Technical requirements (minimum 500 words limited to 1000 word document for each sub-section with necessary diagrams ) [4 Marks] i. Technical solution, platform components and overall architecture 1
ii. Deployment architecture of the platform components 1
iii. Description of how platform(application and DB) will be capable of supporting high availability , avoids single point of failure and scalability requirements 1
iv. Understanding of various technical dependencies on sub-contractors and departments to enable service 1
v. Methodology to handle security of the system. Design considerations to handle security. 2
Mobile Governance Vision (minimum 500 words limited to 1000 word document with necessary diagrams ) [2 Marks] 2
Bidder's vision on mobile governance and 5 year product plan to meet Govt of India's vision of comprehensive mobile governance strategy
Project Management (minimum 500 words limited to 1000 word document for each sub-section with necessary diagrams ) [4 Marks]
i. Project management methodology 1.5
ii. Testing / Certification / Deployment Process 1.5
iii. Training & Documentation Plan 1
Total 15
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The bidder has to get minimum 70 marks to qualify for the commercial evaluation. The
technical Evaluation criteria can be met by the consortium as a whole.
14.2.2 Financial Evaluation
The financial bids of only the bidders who have secured required score in the technical
evaluation will be considered for the financial bid evaluation. The financial proposal
evaluation will be based on L1; the lowest cost (Q) is the winning bidder decided on the
following calculation (Refer Table1 for definitions of A, B, C, D, E,F and G):
Q = 40 * A + 160 * B + C + 170000000 * D + (E * 3/100) * C + 16000000 * F + 2000 * G
Components
Application Enablement
(Per Application)
Platform Fee
(one time fee)
SMS Rates (Push)
(per successful
transaction)
AMC Convenience Fee
(per successful payment
transaction)
Change Request Fee
(per Man Day)
Without
API developmen
t
With
API developmen
t
(in INR) (in INR) (in INR) (in INR) (% of C)
(in INR) (in INR)
(A) (B) (C) (D) (E) (F) (G)
Estimates
for L1
evaluation
No. of
Application
= 40
No.
Applications
= 160
No. of
transactions
=
170000000
(17Cr.)
No. of
payment
transactions =
16000000
(16 lakhs)
No. of man
days = 2000
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(For details of the above estimated transactions, used for L1 evaluation, please see Annexure C.
However, the actual figures may vary during the project period. Bidders are advised to do respective
due diligence for the transaction estimates).
To facilitate evaluation of bids, NeGD, at its sole discretion, may seek clarification in writing
from any bidder regarding the bid.
Final choice of firm for the project shall be made on the basis of conformity to pre
qualification, appropriateness of the financial offer from point of view of cost effectiveness
over the entire period for the services and capability of the firm to execute and service the
project.
14.3 Negotiations, Contract Finalization and Award
The NeGD reserves the right to negotiate with the bidder (s) whose financial proposal has
been ranked lowest (L1) by the committee if it so desires. A contract will be awarded to the
responsible, responsive bidder whose proposal conforms to the RFP and is, in the opinion
of NeGD, the most advantageous and represents the best value to the proposed Project,
price and other factors considered. Evaluations will be based on the proposal submitted
while responding to the bid, and any additional information requested by the Tender
Scrutiny Committee while evaluating.
14.4 NeGD’s Right to Accept Any Proposal or Reject any or all proposals
a. NeGD reserves the right to accept or reject any bid, and to annul the bidding process
and reject all bids at any time prior to award of contract, without thereby incurring
any liability to the affected.
b. NeGD may at their sole discretion and at any time during the evaluation of Proposal,
disqualify any bidder, if the bidder has:
Submitted the Proposal documents after the response deadline;
Made misleading or false representations in the forms, statements and
attachments submitted in proof of the eligibility requirements;
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Exhibited a record of poor performance such as abandoning works, not properly
completing the contractual obligations, inordinately delaying completion or
financial failures, etc. in any project in the preceding three years;
Submitted a proposal that is not accompanied by required documentation or is
non-responsive;
Failed to provide clarifications related thereto, when sought;
Submitted more than one Proposal;
Declared ineligible by the Government of India/ State/ UT Government for
corrupt and fraudulent practices or blacklisted.
Submitted a proposal with price adjustment/variation provision.
15 Award of Contract
15.1 Award Criteria
NeGD will award the Contract to the successful bidder whose proposal has been
determined as the best value proposal based on Technical and Financial evaluation criteria
and accepted by NeGD.
15.2 NeGD’s Right to Accept Any Proposal and to Reject Any or All
Proposals
NeGD, reserves the right to accept or reject any proposal, and to annul the tendering
process and reject all proposals at any time prior to award of contract, without thereby
incurring any liability to the affected bidder or bidders or any obligation to inform the
affected bidder or bidders of the grounds for NeGD’s action.
15.3 Signing of Contract
At the same time as NeGD notifies the successful bidder that its proposal has been
accepted, NeGD shall enter into a separate contract, incorporating all agreements between
NeGD and the successful bidder. The Contract (Master Service Agreement) is provided in
the Appendix of the RFP.
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16 Payment Terms and Schedules
16.1 Ownership
i. NeGD will hold the license for the full project period of proprietary component/s, if
any, under UMANG. Further the IPR of all the system and application Softwares
(other than the proprietary component) that are part of the UMANG and any
derivative works, modifications, enhancements or improvements to the software or
its related source code or and documentation and also all copyrights and
trademarks. Details of IPR are provided in MSA.
ii. Department to own APIs along with source code and other relevant artefacts such as
documentation etc. developed for them by the Partner Agency.
16.2 Performance Security
A Performance Security of 10% of value of the contract would be furnished by the
successful bidder in the form of a Bank Guarantee as per the format provided in this RFP
from any Commercial Bank. Details of the bank are to be furnished in the commercial offer.
It can also be submitted in the form of FDR or A/C Payee Demand Draft.
The Performance Security should be furnished before signing of the contract and should be
valid for entire term of the contract.
Bank Guarantee to remain valid up to 60 days beyond guarantee/warranty obligations.
NeGD may forfeit the Performance Guarantee/ Security for any failure on part of Bidder to
complete its obligations under the Agreement.
The Performance Guarantee/ Security shall be returned after 60 days of expiry of
warranty/guarantee obligations.
No amendment to the agreement can be made.
16.3 Liquidated Damages
In the event of the Bidder's failure to submit the Bonds, Guarantees and Documents and
supply the solution / equipment as per schedule specified in this RFP, NeGD may, at its
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discretion, withhold any payment until the completion of the contract. NeGD may also
deduct from the Bidder as agreed, liquidated damages to the sum of 0.5% of the contract
payment due against the milestone/s which got delayed/undelivered (see table below for
example) for every week of delay or part of a week (on a pro-rata basis), subject to the
maximum value of the Liquidated Damages being not more than 10% of the value of
payment due against the delayed milestone/s. The right to claim any liquidated damages
shall be without prejudice to other rights and remedies available to NeGD, under the
contract and law.
S. No Milestone Penalty for delay
1. Delay in Platform Deployment and
Go-Live.
0.5 % of {40% of C(Platform Cost)} for every
week of delay.
2. Delay in enabling 50 applications
on UMANG.
0.5 % of {20% of C (Platform Cost)} for every
week of delay.
3. Delay in enabling 70 applications
on UMANG.
0.5 % of {20% of C(Platform Cost)} for every
week of delay.
4. Delay in enabling 80 applications
on UMANG.
0.5 % of {20% of C(Platform Cost)} for every
week of delay.
16.4 Limitation of liability
Except in cases of gross negligence or wilful misconduct:
a) Neither party shall be liable to the other party for any indirect or consequential loss or
damage, loss of use, loss of production, or loss of profits or interest costs, provided that this
exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the
Purchaser as per the terms of the Agreement; and
b) The aggregate liability of the Supplier to the Purchaser, whether under the Contract, in
tort, or otherwise, shall not exceed the amount specified in the Contract Price
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17 Timelines
*These are tentative dates and subject to all approvals from competent authority
Item # Milestone Days
RFP Phase
1. Release of Request For Proposal 20/04/2016
2. Last date for Submission of Written Questions by
Bidders
30/04/2016
3. Pre-Bid Conference 05/05/2016
4. Response to bidder Questions 11/05/2016
5. Last Date for Submission of Proposals 06/06/2016
Development Phase
6. Issue of Work Order to successful Bidder T0
7. User Acceptance Test (UMANG platform with 5
applications)
T0 +75
8. Launch (UMANG platform with 5 applications) T0+90=T1
Implementation Phase
9. On Boarding of additional 45 applications T0 + 1 year
10. On Boarding of additional 70 applications T0 + 2 years
11. On Boarding of additional 80 applications T0+ 3 years
Operation and Maintenance Phase T1 onwards
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18 Service Level Agreement (SLA)
18.1 Introduction
This section details the various service levels to be adhered to by the Partner Agency. The
performance of the Partner Agency and the payment is linked to the Key Performance
Indicators listed in the document. The SLAs are intended to:-
A. Clearly articulate the performance criteria to be used to monitor SLA as well as the
criteria used to calculate the penalty if any due to violation of SLAs.
B. Help Partner Agency monitor and attain the required service levels.
C. Bring to attention of NeGD and integrating department/s any drop in performance
levels.
The Partner Agency will be required to meet the SLAs specific to
A. Service Delivery
B. Platform Availability
C. Performance
D. Customer Support
E. Change Request
18.2 Service Delivery SLA
The usage and effectiveness of UMANG platform is entirely dependent on the ability to
enable various services in a timely manner by providing a standardized process for
departments to integrate with the platform. The service delivery parameters are defined in
the subsequent sections.
18.3 Platform Availability
One of the key aspects of UMANG platform is anywhere – anytime – any device availability,
which implicitly means 24X7 availability of the platform and services. The SLA parameters
to measure availability of the platform are defined in the subsequent sections.
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18.4 Performance
The UMANG platform is aimed to bring the citizen closer to the government by enabling
various G2C/B2C, G2B, G2E, G2G services. Consistent and timely delivery of services is
critical for the success of the platform. It is critical to size the platform and the various
components to deliver the services as per the performance parameters defined in the
subsequent sections.
18.5 Customer Support
The Partner Agency is required to manage the entire customer support process. The
customer support team is required to manage customer queries in the most efficient and
effective manner. The SLAs for Customer Support are defined in the subsequent sections.
18.6 Severity Levels & Penalty
Deviations from the agreed upon performance would need to be consistently measured and
severity level for non-compliance need to be assigned. The following table describes the
various severity levels.
18.6.1 SEVERITY LEVEL
Severity
Level
Description
1 Minimum loss of service and minimum loss in quality of service delivered
2 Delay or denial of service or services observed / reported. Lack of availability
of a feature results into non enablement of service
3 Delay or denial of services observed, lack of effective and timely
communication results into customer support and citizen perception issues
4 Complete loss of service for a period of time resulting into significant
inconvenience to the users or multiple instances of complete loss of service
resulting into users losing confidence in the system and hence directly affects
the ability of the platform to on-board additional services, get buy-in,
popularize the service.
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18.6.2 PENALTY
The penalty for not meeting the SLA is linked to the severity level of the breach of the SLA.
The penalty is applicable if the services are down entirely due to the platform and within
the bounds of the platform. Following are the penalties assigned for not meeting the
expected service levels:
Severity
Level
Penalty as % of (AMC Charges + Convenience Fees )payable per
month
4 5%
3 3%
2 1.5%
1 0.5%
Total penalty for a month is capped to 20% of the Monthly Payment. The cap will be
increased to 30% if the penalties exceed 20% in two consecutive quarters.
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18.7 Application Performance SLA
Description Baseline Severity Level
1 Breach
Severity Level
2 Breach
Severity Level
3 Breach
Severity Level
4 Breach
*Time taken by the server to complete
the request originating from the mobile
upon receiving the request (1).
Excluding the time taken by the
external system. SLA will breach if
more than 2% of the request will
take >2 seconds
< =2 Seconds for
99.5% of the
requests
<= 2 Seconds
for 98% of
the requests
<= 2 Seconds
for 95% of the
requests
<= 2 Seconds
for 92% of the
requests
<= 2 Seconds for
90% of the
requests
*Time taken to display information in the
portal/app upon request of the
information from the portal/app by the
user at 256 kbps communication channel.
SLA will breach if more than 2% of
the request will take >5 seconds
(Sample and random audits can be done
by third party auditors )
< =5 Seconds
for 99.5% of the
requests
<=5 Seconds
for 98% of the
requests
<= 5 Seconds
for 95% of the
requests
<= 5 Seconds
for 92% of the
requests
<= 5 Seconds
for 90% of the
requests
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*Service time excludes time taken by external systems like payment gateway, departments or any other issue beyond the control of the
Partner Agency etc…
1) Transaction logging module to have ability to record the IN & OUT time at each step of the txn, extracting the data and providing it in the
user readable format is the responsibility of the PARTNER AGENCY.
18.8 Availability of Services SLA
Description Baseline Severity Level
1 Breach
Severity Level
2 Breach
Severity Level
3 Breach
Breach
Severity Level
4 Breach
Availability of the channels (SMS, IVR,
Mobile Web, Smart Client etc…), the user
should be able to send SMS, dial IVR or
access mobile web/ smart client application
(any failure due to external factors like lease
line failure, telecom network failure etc.. are
not part of the SLA but the Partner Agency is
required to document the external failures
to provide documentary evidence if asked
for)
99.90% Up to 99.5% < 99.5 % &
>=98%
< 98% & >=
96%
< 96%
Number of requests to be successfully
processed by the platform (Processed
includes – successful completion or failure
due to business logic enforced by the platform
or failure due to data error on user’s part or
failure due to any external factors)
99.90% Up to 99.5% < 99.5 % &
>=98%
< 98% & >=
96%
< 96%
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Scheduled downtime(if required) for system maintenance will be for 3 hours from 1 am to 4 am on Sundays and will have to be notified 7
days in advance.
18.9 Service Quality SLA(Indicative)
P0 – The bug which results into the user not being able to complete the business transaction / activity
P1 – The bug which impacts the functionality, the business process is delivered at a sub-optimal level or workaround for the identified issue
is possible without significant inconvenience to the user or loss of required functionality
Description Baseline Level 1
Breach
Severi
ty
Level
Applic
able
Level 2
Breach
Severity
Level
Applicabl
e
Level 3
Breach
Severity
Level
Applicabl
e The number of P0 reported in a Quarter 25 26- 50 3 >50 4 N/A N/A
The number of P1 reported in a Quarter 100 100-125 2 >125 3 >150 4 Time taken to fix a P0 once reported 16 Hours >16 and < 24
Hours
2 > 24 and <= 32 Hours
3 >=32 Hours
4
Time taken to fix a P1 once reported 48 Hours >48 and < 72 Hours
1 >72 and <96 Hours
2 >=96 Hours
3
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18.10 Help Desk SLA
Description Baseline Level 1
Breach
Severity
Level
Applicabl
e
Level 2
Breach
Severity
Level
Applicabl
e
Level 3
Breach
Severity
Level Applicable
% of tickets responded in 24 hours ( # of
tickets responded / # of tickets raised in a Qtr)
* 100
>=99% 98-99% 2 97-98% 3 < 97% 4
% of priority 0 tickets resolved in 24 hours ( #
of tickets resolved/ # of tickets raised in a Qtr)
* 100
>=99% 98-99% 2 97-98% 3 < 97% 4
% of priority 1 tickets resolved in 48 hours ( #
of tickets resolved/ # of tickets raised in a Qtr)
* 100
>=99% 98-99% 2 97-98% 3 < 97% 4
Priority 0 ticket: Service unavailability / user not being able to complete the business transaction/ activity.
Priority 1 ticket: Significant reduction in system performance or unavailability of business functions resulting into sub-optimal
performance / delivery of the business function or workaround for the identified issue is possible without significant inconvenience to the
user or loss of required functionality
RESPONDED: Ticket issued and initial response sent to the citizen, automated response or a canned response will not be considered as a
valid response for the purpose of SLA.
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RESOLVED: The ticket is resolved and closed with appropriate resolution comments and reason code. Closed means Resolved to the
satisfaction of the citizen, Invalid Request, Duplicate Request, Request identified as future product requirement etc…, NeGD and PARTNER
AGENCY to work together to define Support Ticket Life Cycle status codes during implementation phase.
Partner Agency to deploy a defect management tool.
18.11 Software Delivery (Change Request) SLA
Partner Agency to provide the time required to enable Change Request (if any).
All are elapsed time.
Description Baseline Severity
Level 1 Breach
Severity
Level 2 Breach
Severity
Level 3 Breach
Severity
Level 4 Breach
Delivery of Change
(from scoping to
implementation)
As per the
agreement
Upto 10% of
Delay
Between 10% -
30% of Delay
Between 30 % -
50 % of Delay
More than 50 % of
Delay
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19 Payment Schedule
i. Partner Agency will be required to submit the invoice in formats prescribed by
NeGD from time to time.
ii. Platform enablement and deployment fees will be paid as mentioned in Section 9.
iii. Application enablement fees will be paid on a quarterly basis or on completion of 10
applications enablement whichever is earlier.
iv. Any other payments such as SMS Charges, Convenience Fees, AMC(Annual
Maintenance Contract Charges, Change Request Charges) etc. will be paid on
quarterly basis.
v. Payment to be made after taxes deducting penalties as per the SLA calculation
subject to verification of the supporting documents by NeGD.
End of Part 1
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THIS AGREEMENT is made on this the <***> day of <***> 2016 at <***>, India.
BETWEEN
<*****>
AND
<***>, a Company registered under the Companies Act, 1956, having its registered office at
<***> acting through <***>, authorized through Power of Attorney dated <***> to sign the
document (hereinafter referred to as, Partner Agency which expression shall, unless
excluded by or repugnant to the context, include its successors/ administrators/ assignees)
on the second part.
Each of the parties mentioned above are collectively referred to as the “Parties” and
individually as a “Party”.
WHEREAS:
1. NeGD is desirous to implement the Unified Mobile Application for New-age
Governance (UMANG), an initiative of National e-Governance Division (NeGD).
2. In furtherance of the same, NeGD undertook the selection of a suitable Partner
Agency through a competitive bidding process for implementing the Project and in
this behalf issued Request for Proposal (RFP) dated <*****> .
3. The successful bidder has been selected as the Partner Agency on the basis of the
Bid Details set out in the Request For Proposal to undertake the Project of the
development and implementation of UMANG, its roll out and sustained operations.
NOW THEREFORE, in consideration of the mutual covenants, promises, assurances,
representations and provisions set forth herein, the Parties hereto agree as follows:
Part 2: Master Service Agreement
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1 Definitions and Interpretations
1.1.1 Definitions
Definitions Adverse Effect Means material adverse effect on (a) the
ability of the Partner Agency to exercise
any of its rights or perform/discharge any
of its duties/obligations under and in
accordance with the provisions of this
Agreement and/or (b) the legal validity,
binding nature or enforceability of this
Agreement;
Agreement Means this Master Services Agreement,
Service Level Agreement and Non-
Disclosure Agreement together with all
Articles, Annexure, Schedules and the
contents and specifications of the RFP;
Application Means the software application developed
as a part of scope of work set out in the
RFP;
Applicable Law(s) Means any statute, law, ordinance,
notification, rule, regulation, judgment,
order, decree, bye-law, approval, directive,
guideline, policy, requirement or other
governmental restriction or any similar
form of decision of, or determination by, or
any interpretation or administration of the
NeGD as may be in effect on the date of the
execution of this Agreement and during the
subsistence thereof, applicable to the
Project;
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Application Downtime Means the time for which user/s is not able
to access the application. However, in
calculating downtime, scheduled downtime
(for example, backup time, batch
processing time, routine maintenance time)
would not be considered;
Business Hours Shall mean the working time for NeGD
personnel which is 9:00 AM to 6:00 PM.
Again for Servers and other components
which enable successful usage of UMANG
platform the working time should be
considered as 24 hours for all the days of
the week. It is desired that IT maintenance,
other batch processes (like backup) etc.
should be planned so that such backend
activities have minimum effect on the
performance;
Confidential Information Means all information including NeGD Data
(whether in written, oral, electronic or
other format) which relates to the
technical, financial and business affairs,
which is disclosed to or otherwise learned
by the Partner Agency in the course of or in
connection with this Agreement (including
without limitation such information
received during negotiations, location visits
and meetings in connection with this
Agreement);
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Control Means, in relation to any business entity,
the power of a person to secure (i) by
means of the holding of shares or the
possession of voting power in or in relation
to that or any other business entity, or (ii)
by virtue of any powers conferred by the
articles of association or other document
regulating that or any other business entity,
that the affairs of the first mentioned
business entity are conducted in
accordance with that person’s wishes and
in relation to a partnership, means the right
to a share of more than one half of the
assets, or of more than one half of the
income, of the partnership;
Deliverables Means the products, infrastructure and
services agreed to be delivered by the
Partner Agency in pursuance of the
agreement as defined in this RFP,
Implementation and the Maintenance
phases and includes all documents related
to the user manual, technical manual,
design, process and operating manuals,
service mechanisms, policies and
guidelines (such as security related, data
migration related), inter alia payment
and/or process related etc., source code
and all its modifications;
Intellectual Property Rights Means all rights in written designs and
copyrights, moral rights, rights in
databases and UMANG Platform including
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its up-gradation systems and compilation
rights (whether or not any of these are
registered and including application for
registration);
Insurance Cover Means the aggregate of the maximum sums
insured under the insurances taken out by
the Partner Agency and when used in the
context of any act or event, it shall mean
the aggregate of the maximum sums
insured and payable in relation to such act
or event;
Material Breach Means a breach by either Party (NeGD or
Partner Agency) of any of its obligations
under this Agreement which has or is likely
to have an Adverse Effect on the Project
which such Party shall have failed to cure;
Parties Means NeGD and Partner Agency for the
purposes of this Agreement and “Party”
shall be interpreted accordingly;
Performance Guarantee Means the guarantee of 10% of value of the
contract in the form of a Bank Guarantee as
per the format provided in this RFP from
Indian Public Sector Banks or Private
Sector Banks authorized by the
Government to conduct Government
transaction. Details of the bank are to be
furnished in the commercial offer.
Planned Application Downtime Means the unavailability of the application
services due to maintenance activities such
as configuration changes, up-gradation or
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changes to any supporting infrastructure
wherein prior intimation (at least two
working days in advance) of such planned
outage shall be given and approval sought
from the NeGD as applicable;
Planned network outage Means the unavailability of the network
services due to infrastructure maintenance
activities such as configuration changes, up
gradation or changes to any supporting
infrastructure. Prior intimation of such
planned outage shall be given and approval
sought from the NeGD as applicable and
shall be notified at least two working days
in advance;
Project Project Implementation (roll out) and
Maintenance in terms of the Agreement;
Project Implementation Means Project Implementation as per the
testing standards and acceptance criteria
prescribed by NeGD or its nominated
agencies;
Project Implementation Phase Shall be from the Effective Date of the
Agreement to the date of final acceptance
testing & certification;
Replacement Partner Agency Means any third party that NeGD or its
nominated agencies appoint to replace
Partner Agency upon expiry of the Term or
termination of this Agreement to undertake
the Services or part thereof;
Required Consents Means the consents, waivers, clearances
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and licenses to use NeGD’s Intellectual
Property Rights, rights and other
authorizations as may be required to be
obtained for the software and other items
that NeGD or their nominated agencies are
required to make available to Partner
Agency pursuant to this Agreement;
Services Means the services delivered to the
Stakeholders of NeGD or its nominated
agencies, employees of NeGD or its
nominated agencies, and to professionals,
using the tangible and intangible assets
created, procured, installed, managed and
operated by the Partner Agency including
the tools of information and
communications technology and includes
but is not limited to the list of services
specified in RFP;
Service Level Means the level of service and other
performance criteria which will apply to
the Services delivered by the Partner
Agency
SLA Means SLA executed as part of this Master
Service Agreement for performance and
maintenance of services
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Software Means the software designed, developed /
customized, tested and deployed by the
Partner Agency for the purposes of the
Project and includes the source code (in
case of Bespoke development) along with
associated documentation, which is the
work product of the development efforts
involved in the Project and the
improvements and enhancements effected
during the term of the Project, but does not
include the proprietary software
components and tools deployed by the
Partner Agency;
Stakeholders Term stakeholders shall cover Citizens/
Citizens groups, NeGD/DeitY, Government
Departments
Third Party Systems Means systems (or any part thereof) in
which the Intellectual Property Rights are
not owned by the NeGD or Partner Agency
and to which Partner Agency has been
granted a license to use and which are used
in the provision of Services;
1.1.2 Interpretation
In this Agreement, unless otherwise specified:
a) References to Clauses, Sub-Clauses, Paragraphs, Schedules and Annexure are to
clauses, sub-clauses, paragraphs, schedules and annexure to this Agreement;
b) Use of any gender includes the other genders;
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c) References to a ‘company’ shall be construed so as to include any company,
corporation or other body corporate, wherever and however incorporated or
established;
d) References to a ‘person’ shall be construed so as to include any individual, firm,
company, government, state or agency of a state, local or municipal authority or
government body or any joint venture, association or partnership (whether or not
having separate legal personality);
e) Reference to any statute or statutory provision shall be construed as a reference to
the same as it may have been, or may from time to time be, amended, modified or
re-enacted;
f) Any reference to a ‘day’ (including within the phrase ‘business day’) shall mean a
period of 24 hours running from midnight to midnight;
g) References to a ‘business day’ shall be construed as a reference to a day (other than
a Sunday) on which Government offices in the States/UTs are generally open for
business;
h) References to times are to Indian Standard Time;
i) Reference to any other document referred to in this Agreement is a reference to that
other document as amended, varied, notated or supplemented at any time; and
j) All headings and titles are inserted primarily for convenience. These, in case of any
conflict/ambiguity, are to be ignored in the interpretation of this Agreement.
k) Partner Agency has been used for the same entity i.e. bidder selected for the project.
1.1.3 Measurements and Arithmetic Conventions
All measurements and calculations shall be in the metric system and calculations done to 2
(two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5
(five) being rounded down except in money calculations where such amounts shall be
rounded off to the nearest INR.
1.1.4 Ambiguities within Agreement
In case of ambiguities or discrepancies within this Agreement, the following principles shall
apply:
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a) As between two Clauses of this Agreement, the provisions of a specific Clause
relevant to the issue under consideration shall prevail over those in a general
Clause;
b) As between the provisions of this Agreement and the Schedules, the Agreement shall
prevail, save and except as expressly provided otherwise in the Agreement or the
Schedules; and
c) As between any value written in numerals and that in words, the value in words
shall prevail.
1.1.5 Scope of the Project
The Partner Agency shall be required to follow the scope of work as defined in Part I of this
RFP.
1.1.6 Terms & Duration of the Project
NeGD intends to grant to the Partner Agency the right to undertake and implement the
Project on the terms and conditions set forth below:
a) Successful implementation / Go-Live of the project within the defined period from
the date of signing of contract. The Successful implementation / Go-Live of UMANG
will be as mentioned in Part I of the RFP.
b) Operation and Maintenance of the whole system for a period of three years from the
allocation of Work Order.
c) Hence, the Overall “Term” for the Project will be at least 3 years. This Agreement
shall come into effect on <***> 2016 (hereinafter the ‘Effective Date’) and shall
continue till operation and maintenance completion date which shall be the date of
the completion of the operation and maintenance to the satisfaction of NeGD or its
nominated agencies.
d) The project duration can be extended keeping in view functional necessity at the
sole discretion of NeGD on pro-rata basis. The information to this effect will
however be given to the Partner Agency at least 3 months in advance of currency of
the contract.
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1.2 Conditions Precedent & Effective Date
1.2.1 Provisions to take effect upon fulfilment of Conditions Precedent Subject to express terms to the contrary, the rights and obligations under this Agreement
shall take effect only upon fulfilment of all the Conditions Precedent set out below.
However, NeGD or its nominated agencies may at any time at its sole discretion waive fully
or partially any of the Conditions Precedent for the Partner Agency. The time for fulfilling
the conditions precedent will be decided by mutual agreement between both the Parties.
1.2.2 Conditions Precedent of the Partner Agency The Partner Agency shall be required to fulfill the Conditions Precedent which are as
follows:
- To provide a Performance Security/Guarantee and other guarantees/ payments as and
when required to the NeGD or its nominated agencies;
- To provide NeGD or its nominated agencies certified true copies of its constitutional
documents and board resolutions authorizing the execution, delivery and performance of
this Agreement by the Partner Agency
For the avoidance of doubt, it is expressly clarified that the obligations of the Parties except
the financial obligations of NeGD or its nominated agencies under this Agreement shall
commence from the fulfilment of the Conditions Precedent as set forth above.
1.2.3 Extension of time for fulfilment of Conditions Precedent
The Parties may, by mutual agreement, extend the time for fulfilling the Term of this
Agreement.
For the avoidance of doubt, it is expressly clarified that any such extension of time
shall be subject to imposition of penalties on the Partner Agency linked to the delay
in fulfilling the Conditions Precedent.
1.2.4 Non-fulfilment of the Partner Agency’s Conditions Precedent -In the event that any of the Conditions Precedent of the Partner Agency have not
been fulfilled within 15 days of signing of this Agreement and the same have not
been waived fully or partially by NeGD or its nominated agencies, this Agreement
shall cease to exist; -In the event that the Agreement fails to come into effect/ ceases
to exist on account of non fulfilment of the Partner Agency’s conditions precedent,
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NeGD or its nominated agencies shall not be liable in any manner whatsoever to the
Partner Agency and NeGD shall forthwith forfeit the performance guarantee.
In the event that possession of any of NeGD or its nominated agencies facilities has
been delivered to the Partner Agency prior to the fulfilment of the Conditions
Precedent, upon the termination of this Agreement such shall immediately revert to
NeGD or its nominated agencies, free and clear from any encumbrances or claims.
1.3 Obligations under the SLA
The SLA shall be a separate contract in respect of this Agreement and shall be
entered into concurrently with this Agreement between NeGD and Partner Agency
In relation to any future SLA entered into between the Parties; each of the Parties
shall observe and perform the obligations set out herein.
Change of Control
a) In the event of a change of control of the Partner Agency during the Term, the
Partner Agency shall promptly notify NeGD and/or its nominated agencies of the
same. In the event that the net worth of the surviving entity is less than that of
Partner Agency prior to the change of control, NeGD or its nominated agencies may
within 30 days of becoming aware of such change in control, require a replacement
of existing Performance Guarantee furnished by the Partner Agency from a
guarantor acceptable to NeGD or its nominated agencies (which shall not be
Partner Agency or any of its associated entities).
b) If such a guarantee is not furnished within 30 days of NeGD or its nominated
agencies requiring the replacement, NeGD may exercise its right to terminate the
SLA and/ or this Agreement within a further 30 days by written notice, to become
effective as specified in such notice.
c) Pursuant to termination, the effects of termination as set out in Clause 1.9 of this
Agreement shall follow.
For the avoidance of doubt, it is expressly clarified that the internal reorganization of the
Partner Agency shall not be deemed an event of a change of control for purposes of this
Clause unless the surviving entity is of less net worth than the predecessor entity.
Final testing and certification
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The Project shall be governed by the mechanism of final acceptance testing and
certification to be put into place by the NeGD, guided by the following principles:
a) NeGD reserves the right to nominate a technically competent agency (“Final Testing
and Certification Agency”) for conducting final acceptance testing and certification;
b) Such Final Testing and Certification Agency will lay down a set of guidelines
following internationally accepted norms and standards for testing and certification
for all aspects of project development and implementation covering software,
hardware and networking including the processes relating to the design of solution
architecture, design of systems and sub- systems, coding, testing, business process
description, documentation, version control, change management, security, service
oriented architecture, performance in relation to compliance with SLA metrics,
interoperability, scalability, availability and compliance with all the technical and
functional requirements of the RFP and this Agreement;
c) The Final Testing and Certification Agency will be involved with Project from the
development stage to ensure that the guidelines are being followed and to avoid
large scale modifications pursuant to testing done after the application is fully
developed;
d) The Final Testing and Certification Agency may engage professional organizations
for conducting specific tests on the software, hardware, networking, security and all
other aspects;
e) The Final Testing and Certification Agency will establish appropriate processes for
notifying the Partner Agency of any deviations from the norms, standards or
guidelines at the earliest instance after taking cognizance of the same to enable the
Partner Agency to take corrective action;
f) Such an involvement of and guidance by the Final Testing and Certification Agency
shall not, however, absolve the Partner Agency of the fundamental responsibility of
designing, customizing/ developing, installing, testing and commissioning the
various components of the Project to deliver the services in perfect conformity with
this Agreement
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1.4 Representations and Warranties
1.4.1 Representations and warranties of the Partner Agency
The Partner Agency represents and warrants to NeGD or its nominated agencies that:
(a) It is duly organized and validly existing under the laws of India, and has full
power and authority to execute and perform its obligations under this
Agreement and other agreements and to carry out the transactions
contemplated hereby;
(b) It is a competent provider of a variety of information technology and
business process management services;
(c) It has taken all necessary corporate and other actions under Applicable Laws
to authorize the execution and delivery of this Agreement and to validly
exercise its rights and perform its obligations under this Agreement;
(d) It has the financial standing and capacity to undertake the Project in
accordance with the terms of this Agreement;
(e) In providing the Services, it shall use reasonable endeavors not to cause any
unnecessary disruption to NeGD’s normal business operations
(f) This Agreement has been duly executed by it and constitutes a legal, valid
and binding obligation, enforceable against it in accordance with the terms
hereof, and its obligations under this Agreement shall be legally valid,
binding and enforceable against it in accordance with the terms hereof;
(g) The information furnished in the tender documents and as updated on or
before the date of this Agreement is to the best of its knowledge and belief
true and accurate in all material respects as at the date of this Agreement;
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The execution, delivery and performance of this Agreement shall not conflict
with, result in the breach of, constitute a default by any of the terms of its
Memorandum and Articles of Association or any Applicable Laws or any
covenant, contract, agreement, arrangement, understanding, decree or
order to which it is a party or by which it or any of its properties or assets is
bound or affected;
(i) There are no actions, suits, proceedings, or investigations pending or, to its
knowledge, threatened against it at law or in equity before any court or
before any other judicial, quasi-judicial or other authority, the outcome of
which may result in the breach of this Agreement or which individually or in
the aggregate may result in any material impairment of its ability to perform
any of its material obligations under this Agreement;
(j) It has no knowledge of any violation or default with respect to any order,
writ, injunction or decree of any court or any legally binding order of any
Government Instrumentality which may result in any Adverse Effect on its
ability to perform its obligations under this Agreement and no fact or
circumstance exists which may give rise to such proceedings that would
adversely affect the performance of its obligations under this Agreement;
(k) It has complied with Applicable Laws in all material respects and has not
been subject to any fines, penalties, injunctive relief or any other civil or
criminal liabilities which in the aggregate have or may have an Adverse Effect
on its ability to perform its obligations under this Agreement;
(l) No representation or warranty by it contained herein or in any other
document furnished by it to NeGD or its nominated agencies in relation to the
Required Consents contains or shall contain any untrue or misleading
statement of material fact or omits or shall omit to state a material fact
necessary to make such representation or warranty not misleading; and
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(m) No sums, in cash or kind, have been paid or shall be paid, by it or on its
behalf, to any person by way of fees, commission or otherwise for entering
into this Agreement or for influencing or attempting to influence any officer
or employee of NeGD or its nominated agencies in connection therewith.
1.4.2 Representations and warranties of NeGD or its nominated agencies
NeGD or its nominated agencies represent and warrant to the Partner Agency that:
(a) It has full power and authority to execute, deliver and perform its obligations
under this Agreement and to carry out the transactions contemplated herein
and that it has taken all actions necessary to execute this Agreement, exercise
its rights and perform its obligations, under this Agreement and carry out the
transactions contemplated hereby;
(b) It has taken all necessary actions under Applicable Laws to authorize the
execution, delivery and performance of this Agreement and to validly
exercise its rights and perform its obligations under this Agreement;
(c) It has the financial standing and capacity to perform its obligations under the
Agreement;
(d) It is subject to the laws of India, and hereby expressly and irrevocably waives
any immunity in any jurisdiction in respect of this Agreement or matters
arising there under including any obligation, liability or responsibility
hereunder;
(e) This Agreement has been duly executed by it and constitutes a legal, valid
and binding obligation enforceable against it in accordance with the terms
hereof and its obligations under this Agreement shall be legally valid, binding
and enforceable against it in accordance with the terms thereof;
(f) The execution, delivery and performance of this Agreement shall not conflict
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with, result in the breach of, constitute a default under, or accelerate
performance required by any of the Applicable Laws or any covenant,
contract, agreement, arrangement, understanding, decree or order to which
it is a party or by which it or any of its properties or assets is bound or
affected;
(g) There are no actions, suits or proceedings pending or, to its knowledge,
threatened against it at law or in equity before any court or before any other
judicial, quasi-judicial or other authority, the outcome of which may result in
the default or breach of this Agreement or which individually or in the
aggregate may result in any material impairment of its ability to perform its
material (including any payment) obligations under this Agreement;
(h) It has no knowledge of any violation or default with respect to any order,
writ, injunction or any decree of any court or any legally binding order of any
Government Instrumentality which may result in any Adverse Effect on
NeGD or its nominated agencies ability to perform its obligations under this
Agreement and no fact or circumstance exists which may give rise to such
proceedings that would adversely affect the performance of its obligations
under this Agreement;
(i) It has complied with Applicable Laws in all material respects;
(j) All information provided by it in the RFP in connection with the Project is, to
the best of its knowledge and belief, true and accurate in all material
respects; and
(k) Upon the Partner Agency performing the covenants herein, it shall not at any
time during the term hereof, interfere with peaceful exercise of the rights and
discharge of the obligations by the Partner Agency, in accordance with this
Agreement.
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1.5 Obligations of the Partner Agency
(a) It shall keep abreast of the relevant technical, managerial and operational
requirements applicable to the provision of the services and best practices in
this area and shall share their knowledge with NeGD or its nominated
agencies regarding matters which would assist NeGD or its nominated
agencies in its use of the Services, provided that Partner Agency shall not be
obligated to share with NeGD, information or Confidential Information of
Partner Agency not relevant to this Agreement;
(b) It shall perform the Services as set out in Annexure << >> of this Agreement
in a Request for Proposal for UMANG in a professional manner commensurate
with industry and technical standards which are generally in effect for
international projects and innovations similar to those contemplated by this
Agreement, and so as to comply with the applicable Service Levels set out
with this Agreement.
(c) It shall ensure that the Services are being provided as per the Project
Timelines set out as Annexure << >> to this Agreement.
(d) It shall ensure to submit project related information from time to time to
NeGD as may be sought in the requisite format.
1.6 Approvals and Required Consents
(a) The Parties shall cooperate to procure, maintain and observe all relevant and
regulatory and governmental licenses, clearances and applicable approvals
(hereinafter the “Required Consents”) necessary for the Partner Agency to
provide the Services. The costs of such Approvals and/or licenses and renewal of
these licenses if required (for 3 years as per the project timelines) shall be paid
and borne by the Partner Agency. Ownership of such licenses shall be with NeGD.
(b) NeGD or its nominated agencies shall use reasonable endeavors to assist Partner
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Agency to obtain the Required Consents. In the event that any Required Consent
is not obtained, the Partner Agency and NeGD or its nominated agencies will co-
operate with each other in achieving a reasonable alternative arrangement as
soon as reasonably practicable for NeGD or its nominated agencies to continue to
process its work with as minimal interruption to its business operations as is
commercially reasonable until such Required Consent is obtained, provided that
the Partner Agency shall not be relieved of its obligations to provide the Services
and to achieve the Service Levels until the required consents are obtained if and
to the extent that the Partner Agency’s obligations are not dependent upon such
Required Consents.
(c) Procured and/or renewed licenses should be in the name of NeGD.
1.7 Use of Assets by the Partner Agency
During the Term the Partner Agency shall:
(a) Take all reasonable and proper care of the entire cloud and software or any
other information technology infrastructure components used for the Project and
other facilities leased / owned / operated by the Partner Agency exclusively in
terms of ensuring their usability for the delivery of the Services as per this
Agreement (hereinafter the “Assets”) in proportion to their use and control of
such Assets which will include all up gradation / enhancements and
improvements to meet the current needs of the Project; and
(b) Keep all the tangible Assets in as good and serviceable condition (reasonable
wear and tear excepted) and/or the intangible Assets suitably upgraded subject
to the relevant industry standards as at the date the Partner Agency takes control
of and/or first uses the Assets and during the entire Term of the Agreement.
Pursuant to technological obsolescence, up gradation will be carried out by the
Partner Agency from time to time as and when necessitated during the currency
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of this agreement.
(c) Ensure that any instructions or manuals supplied by the manufacturer of the
Assets for use of the Assets and which are provided to the Partner Agency will be
faithfully followed by the Partner Agency and any person who will be responsible
for the use of the Assets;
(d) Take such steps as may be properly recommended by the manufacturer of the
Assets and notified to the Partner Agency or as may, in the reasonable opinion of
the Partner Agency, be necessary to use the Assets in a safe manner;
(e) Ensure that the Assets that are under the control of the Partner Agency, are kept
suitably housed and maintained in conformity with Applicable Law;
(f) Procure permission from NeGD or its nominated agencies and any persons duly
authorized by them to enter any land or premises on which the Assets are for the
time being sited so as to inspect the same, subject to any reasonable third party
requirements;
(g) Not, knowingly or negligently use or permit any of the Assets to be used in
contravention of any statutory provisions or regulation or in any way contrary to
Applicable Law; and
(h) Be responsible for undertaking comprehensive insurance including liability
insurance, system and facility insurance and any other insurance for the
personnel, Assets, data, software, etc.
1.8 Access to NeGD or its Nominated Agencies Locations
Till the date of completion of all contractual obligations of the PARTNER AGENCY to NeGD
or its nominated agencies, access to NeGD or its nominated agency’s locations, as the case
may be, on a non-permanent basis and to the extent necessary, NeGD or its nominated
agencies, as the case may be, shall, subject to compliance by the Partner Agency with any
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safety and security guidelines which may be provided by NeGD or its nominated agencies
with notification to the Partner Agency in writing, provide the Partner Agency with:
(a) Reasonable access, in the same manner granted to NeGD or its nominated
agencies employees, to the location, twenty-four hours a day, seven days a week;
(b) Reasonable work space, access to office equipment as mutually agreed and other
related support services in such location and at other such NeGD locations, if any,
as may be reasonably necessary for the Partner Agency to perform its obligations
hereunder and under the SLA.
Access to locations, office equipments and services shall be made available to the Partner
Agency on an “as is, where is” basis by NeGD or its nominated agencies as the case may be.
The Partner Agency agrees to ensure that its employees, agents and contractors shall not
use the location, services and equipment referred to in this RFP for the following purposes:
(a) For the transmission of any material which is defamatory, offensive or abusive or
of an obscene or menacing character; or
(b) In a manner which constitutes a violation or infringement of the rights of any
person, firm or company (including but not limited to rights of copyright or
confidentiality); or
(c) For committing any unlawful act
1.9 Management Phase
1.9.1 Governance The review and management process of this Agreement shall be carried out in
accordance with the Governance Schedule set out in Schedule IV of this Agreement
and shall cover all the management aspects of the Project.
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1.9.2 Use of Services (a) NeGD as the case may be or its nominated agencies, will use the Services in
accordance with any instructions or procedures as per the acceptance
criteria as set out in the SLA or this Agreement or any agreement that may be
entered into between the Parties from time to time;
(b) NeGD or its nominated agencies shall be responsible for the operation and
use of the Deliverables resulting from the Services.
1.9.3 Changes
Unless expressly dealt with elsewhere in this Agreement, any changes under or to
this Agreement or under or to the SLA shall be dealt with in accordance with the
Change Control Schedule set out in Schedule I of this Agreement.
1.9.4 Security and Safety
(a) The Partner Agency shall comply with the directions issued from time to time
by the NeGD or its nominated agencies and follow the industry and statutory
standards related to safety and security (including those as stated in the RFP
Volume I), insofar as it applies to the provision of the Services.
(b) Each Party to the SLA/Agreement shall also comply with Government of
India/DeitY/NeGD or the respective State’s security standards and policies in
force from time to time at each location
(c) The Parties to the SLA/Agreement shall use reasonable endeavors to report
forthwith in writing to each other all identified attempts (whether successful
or not) by unauthorized persons (including unauthorized persons who are
employees of any Party) either to gain access to or interfere with data,
facilities or Confidential Information connected with the Project.
(d) The Partner Agency shall upon reasonable request by NeGD or their
nominee(s) participate in regular meetings when safety and information
technology security matters are reviewed.
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(e) As per the provisions of the SLA or this Agreement, the Partner Agency shall
promptly report in writing to the NeGD or its nominated agencies, any act or
omission which they are aware that could have an adverse effect on the
proper conduct of safety and information technology security related to the
Project and Services.
1.9.5 Cooperation
Except as otherwise provided elsewhere in this Agreement or the SLA, PARTNER
AGENCY undertakes promptly to provide the NeGD with all such information and
co-operation which the other Party reasonably requests, provided that such
information and co-operation:
(a) is reasonably required by the Receiving Party in order for it to comply with
its obligations under this Agreement or the SLA;
(b) cannot be construed to be Confidential Information; and
(c) Is capable of being provided by the Providing Party.
Further, each Party agrees to co-operate with the contractors and subcontractors of
the other Party as reasonably requested in order to accomplish the purposes of this
Agreement.
1.10 Finances
1.10.1 Terms of Payment and Service Credits and Debits
(a) In consideration of the Services and subject to the provisions of this
Agreement and of the SLA, the NeGD shall pay the Partner Agency for the
Services rendered in pursuance of this agreement, in accordance with the
Terms of Payment Schedule set out in this Agreement.
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(b) All payments are subject to the application of service credits and debits as
may be provided for in the SLA as mentioned in Part I of the RFP. .NeGD may
also calculate a financial sum and debit the same against the terms of
payment as a result of the failure of the Partner Agency to meet the Service
Level as defined in SLA.
(c) Save and except as otherwise provided for herein or as agreed between the
Parties in writing, the NeGD shall not be required to make any payments in
respect of the Services (or, without limitation to the foregoing, in respect of
the Partner Agency performance of any obligations under this Agreement or
the SLA) other than those covered in in Part I of this RFP.
1.10.2 Invoicing and Settlement
(a) Subject to the specific terms of the SLA, the Partner Agency shall submit its
invoices in accordance with the following principles:
i. NeGD shall be invoiced by the Partner Agency for the Services.
Generally and unless otherwise agreed in writing between the Parties
or expressly set out in the SLA, the Partner Agency shall raise an
invoice along with necessary approvals as per Schedule VI of this
Agreement on quarterly basis; and
ii. Any invoice presented in accordance with this Article shall be in a
form agreed with the NeGD.
(b) The Partner Agency alone shall invoice all payments after receiving due
approval from the competent authority. Such invoices shall be accurate and
incorporate all adjustments to or changes in the terms of payment as stated
in Schedule V of this Agreement. The Partner Agency shall waive any charge
for a Service that is not invoiced within six months after the end of the month
in which the charge relating to such Service is authorized or incurred,
whichever is later.
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(c) Payment shall be made on a quarterly basis after the receipt of invoice along
with supporting documents by the NeGD subject to penalties. The penalties
are imposed on the PARTNER AGENCY as per the SLA criteria specified in
this RFP.
(d) NeGD shall be entitled to delay or withhold payment of any invoice or part of
it delivered by the Partner Agency under Schedule V of this Agreement where
NeGD disputes/ withholds such invoice or part of it provided that such
dispute is bona fide. The withheld amount shall be limited to that which is in
dispute. Any exercise by NeGD under this Clause shall not entitle the Partner
Agency to delay or withhold provision of the Services under any
circumstance whatsoever.
(e) NeGD shall be entitled to delay or withhold payment of any invoice or part of
it delivered by the Partner Agency under Schedule V of this Agreement where
it disputes any previous invoice or part of it that it had not previously
disputed provided that such dispute is bona fide. The withheld amount shall
be limited to that which is the disputed amount. Any recourse by NeGD to its
rights under this Clause shall not entitle the Partner Agency to delay or
withhold provision of the Services under any circumstances whatsoever.
(f) The Partner Agency shall pay all its sub-contractors in a timely fashion so as
not to prejudice the Project.
1.10.3 Tax
(a) NeGD or its nominated agencies shall be responsible for deducting/
withholding taxes from the amounts due and payable to the Partner Agency
wherever applicable. The Partner Agency shall pay for all other taxes in
connection with this Agreement, SLA, scope of work and any other
engagement required to be undertaken as a part of this Agreement,
including, but not limited to, property, sales, use, excise, value-added, goods
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and services, consumption and other similar taxes or duties.
(b) NeGD or its nominated agencies shall provide Partner Agency with the
original tax receipt of any withholding taxes paid by NeGD or its nominated
agencies on payments under this Agreement. The Partner Agency agrees to
reimburse and hold NeGD or its nominated agencies harmless from any
deficiency including penalties and interest relating to taxes that are its
responsibility under this paragraph. For purposes of this Agreement, taxes
shall include taxes incurred on transactions between and among NeGD or its
nominated agencies, the Partner Agency and third party subcontractors.
(c) In the event of any increase or decrease of the rate of taxes due to any
statutory notification/s during the Term of the Agreement the consequential
effect shall be to the account of the Partner Agency.
(d) The Parties shall cooperate to enable each Party to accurately determine its
own tax liability and to minimize such liability to the extent legally
permissible. In connection therewith, the Parties shall provide each other
with the following:
a. any resale certificates;
b. any relevant information regarding out-of-state or use of materials,
equipment or services; and
c. Any direct pay permits, exemption certificates or information reasonably
requested by the other Party.
1.11 Termination
1.11.1 Material Breach: (a) If the Partner Agency is not able to deliver the services as per the SLAs
defined in RFP which translates into Material Breach, then NeGD may serve a
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7 days written notice for curing this Material Breach. In case the Material
Breach continues, after the expiry of such notice period, the NeGD will have
the option to terminate this Agreement. Further, NeGD may after affording a
reasonable opportunity to the Partner Agency to explain the circumstances
leading to such a delay take an appropriate decision.
(b) If there is a material breach by NeGD or its nominated agencies which results
in not providing support for effecting data migration and / or not providing
the certification of User Acceptance, then the Partner Agency will give a one
month’s notice for curing the Material Breach to NeGD. After the expiry of
such notice period, the Partner Agency will have the option to terminate the
Agreement
(c) NeGD may by giving a one month’s written notice, terminate this Agreement
if a change of control of the Partner Agency has taken place. For the purposes
of this Clause, in the case of Partner Agency, change of control shall mean the
events stated in Clause 1.2, and such notice shall become effective at the end
of the notice period as set out in Clause 1.2.
(d) In the event that Partner Agency undergoes such a change of control, NeGD
may, as an alternative to termination, require a full Performance Guarantee
for the obligations of Partner Agency by a guarantor acceptable to NeGD or
its nominated agencies. If such a guarantee is not furnished within 30 days of
NeGD’s demand, NeGD may exercise its right to terminate this Agreement in
accordance with this Clause by giving 15 days further written notice to the
Partner Agency.
(e) The termination provisions set out in this Clause shall apply mutatis
mutandis to the SLA.
1.12 Effects of termination
(a) In the event that NeGD terminates this Agreement pursuant to failure on the
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part of the Partner Agency to comply with the conditions as contained in this
Clause and depending on the event of default, Performance Guarantee
furnished by Partner Agency shall be forfeited.
(b) Upon termination of this Agreement, the Parties will comply with the Exit
Management Schedule set out as Schedule II of this Agreement.
(c) In the event that NeGD or the Partner Agency terminates this Agreement, the
compensation will be decided in accordance with the Terms of Payment
Schedule set out as Schedule V of this Agreement.
(d) On termination of this Agreement for any reason, the NeGD will decide the
appropriate course of action.
1.12.1 Termination of this Agreement due to bankruptcy of Partner Agency
The NeGD may serve written notice on Partner Agency at any time to terminate this
Agreement with immediate effect in the event that:
(a) The Partner Agency reporting an apprehension of bankruptcy to the NeGD or
its nominated agencies;
(b) NeGD or its nominated agencies apprehending a similar event.
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1.13 Indemnification
Subject to clause mentioned below, Partner Agency (the "Indemnifying Party")
undertakes to indemnify NeGD (the "Indemnified Party") from and against all losses
on account of bodily injury, violation of intellectual property rights of third party,
computer viruses, death or damage to tangible personal property arising in favor of
any person, corporation or other entity (including the Indemnified Party)
attributable to the Indemnifying Party's performance or non-performance under
this Agreement or the SLA to the extent of the Indemnifying Party's comparative
fault in causing such damages/losses.
The indemnities set out in the above clause shall be subject to the following
conditions:
(a) The Indemnified Party as promptly as practicable informs the Indemnifying
Party in writing of the claim or proceedings and provides all relevant
evidence, documentary or otherwise;
(b) The Indemnified Party shall, at the cost of the Indemnifying Party, give the
Indemnifying Party all reasonable assistance in the Defense of such claim
including reasonable access to all relevant information, documentation and
personnel.
(c) If the Indemnifying Party does not assume full control over the Defense of a
claim as provided in this Article, the Indemnifying Party may participate in
such Defense at its sole cost and expense, and the Indemnified Party will
have the right to defend the claim in such manner as it may deem
appropriate, and the cost and expense of the Indemnified Party will be
included in Losses;
(d) All settlements of claims subject to indemnification under this Article will:
i. Be entered into only with the consent of the Indemnified Party, which
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consent will not be unreasonably withheld and include an unconditional
release to the Indemnified Party from the claimant or plaintiff for all
liability in respect of such claim; and
ii. Include any appropriate confidentiality agreement prohibiting
disclosure of the terms of such settlement;
(e) The Indemnified Party shall account to the Indemnifying Party for all awards,
settlements, damages and costs (if any) finally awarded in favor of the
Indemnified Party which are to be paid to it in connection with any such
claim or proceedings;
(f) The Indemnified Party shall take steps that the Indemnifying Party may
reasonably require to mitigate or reduce its loss as a result of such a claim or
proceedings;
(g) In the event that the Indemnifying Party is obligated to indemnify an
Indemnified Party pursuant to this Article, the Indemnifying Party will, upon
payment of such indemnity in full, be subrogated to all rights and defenses of
the Indemnified Party with respect to the claims to which such
indemnification relates; and
(h) If a Party makes a claim under the indemnity set out under clause mentioned
above in respect of any particular Loss or Losses, then that Party shall not be
entitled to make any further claim in respect of that Loss or Losses (including
any claim for damages).
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1.14 Force Majeure
1.14.1 Definition of Force Majeure
As used in this Agreement, a “Force Majeure Event” shall mean any unforeseeable act
or event that prevents the affected party from performing its obligations under this
Agreement or complying with any conditions required by the other Party under this
Agreement or complying with any conditions required by the other Party under this
Agreement if such act or event is beyond the reasonable control of and not the fault
of the affected Party and such Party has been unable to avoid such act or event by the
exercise of prudent foresight and due diligence. However, the following events shall
not constitute a Force Majeure Event and are solely the responsibility of the affected
Party:
o Strikes
o Collective bargaining agreements within the exclusive control of either Party
o Labor disputes of any kind
o Economic hardship
1.14.2 Force Majeure events
The burden of proof as to whether a Force Majeure event has occurred shall be upon
the Partner Agency claiming a Force Majeure Event.
1.14.3 Conditions
If either party is rendered wholly or partially unable to perform its obligations under
this Agreement because of a Force Majeure event, that Party will be excused from
whatever performance is affected by the Force Majeure Event to the extent so
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affected provided that:
(a) The affected Party, gives to the other Party written notice of the occurrence
of the Force Majeure Event as soon as practicable after the occurrence
thereof, and also gives to the other Party written notice describing in
reasonable details the particulars of such occurrence, including an estimation
of its expected duration and probable impact on the performance of such
Party’s obligations hereunder, and thereafter continues to furnish timely
regular reports with respect thereto during the continuation of the Force
Majeure event
(b) The suspension of performance shall be of no greater scope and of no longer
duration than is reasonably required by the Force Majeure Event
(c) The affected Party shall use its best efforts to continue to perform its
obligations hereunder and to correct or cure the event or condition excusing
performance
(d) When the affected Party is able to resume performance of its obligations
under this Agreement, it shall give the other Party written notice to that
effect and shall promptly resume performance hereunder.
1.14.4 Conditions notwithstanding
Anything in this Agreement to the contrary notwithstanding:
(a) Any event or occurrence that results materially from the gross negligence or
intentional acts of the affected Party shall not constitute a Force Majeure
Event
(b) The Affected Party shall not be relieved from obligations under this
Agreement to the extent that the gross negligence or willful misconduct of
the affected Party contributes to or aggravates the Force Majeure Event
(c) Neither Party shall be considered in default or in breach of its obligations
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under this Agreement to the extent that performance of such obligations is
prevented by an exempting Force Majeure Event.
1.14.5 Termination clause
(a) If the Force Majeure Event or its consequences extend beyond a period of six
months, this Agreement shall unless the Parties agree otherwise in writing,
stand terminated.
1.15 Confidentiality
a) NeGD or its nominated agencies shall allow the Partner Agency to review and utilize
highly confidential public records(if required) and the Partner Agency shall
maintain the highest level of secrecy, confidentiality and privacy with regard
thereto.
b) Additionally, the Partner Agency shall keep confidential all the details and
information with regard to the Project, including systems, facilities, operations,
management and maintenance of the systems/facilities.
c) NeGD or its nominated agencies shall retain all rights to prevent, stop and if
required take the necessary punitive action against the Partner Agency regarding
any forbidden disclosure.
d) The Partner Agency shall ensure that all its employees, agents and sub-contractors
execute individual non disclosure agreements, which have been duly approved by
the NeGD with respect to this Project.
e) For the avoidance of doubt, it is expressly clarified that the aforesaid provisions
shall not apply to the following information:
i. Information already available in the public domain;
ii. Information not pertaining to UMANG project which has been developed
independently by the Partner Agency;
iii. Information which has been received from a third party who had the right to
disclose the aforesaid information;
iv. Information which has been disclosed to the public pursuant to a court order.
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1.15.1 Audit, Access and Reporting
The Partner Agency shall allow access to NeGD or its nominated agencies to all
information which is in the possession or control of the Partner Agency and which
relates to the provision of the Services as set out in the Audit, Access and Reporting
Schedule and which is reasonably required by NeGD to comply with the terms of the
Audit, Access and Reporting Schedule set out as Schedule III of this Agreement.
1.16 Intellectual Property Rights
Products and fixes:
All products and related solutions and fixes provided pursuant to this agreement shall be
licensed according to the terms of the license agreement packaged with or otherwise
applicable to such product. Partner Agency would be responsible for arranging any licenses
associated with products. “Product” means any computer code, web-based/mobile-based
services, or materials comprising commercially released, pre-release or beta products
(whether licensed for a fee or no charge) and any derivatives of the foregoing which are
made available to NeGD for license which is published by product owner or its affiliates, or
a third party. “Fixes” means product fixes that are either released generally (such as
commercial product service packs) or that are provided to when performing services (such
as workarounds, patches, bug fixes, beta fixes and beta builds) and any derivatives of the
foregoing.
Bespoke development:
The Intellectual Property Rights (IPR) for any bespoke development done during the
implementation of the project will lie with NeGD.
Pre-existing work:
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All IPR including the source code and materials developed or otherwise obtained
independently of the efforts of a party under this agreement (“pre-existing work”) shall
remain the sole property of that party. During the performance of the services for this
agreement, each party grants to the other party (and their sub-contractors as necessary) a
non-exclusive license to use, reproduce, redeploy and modify any of its pre-existing work
provided to the other party solely for the performance of such services. Except as may be
otherwise explicitly agreed to in a statement of services, the bidder should grant NeGD a
non-exclusive, perpetual, fully paid-up enterprise edition license(s) to use, redeploy,
reproduce and modify (if applicable) the pre-existing work as part of the service
deliverables. Under such license either of parties will have no right to sell the pre-existing
work of the other party to a Third Party.
NeGD’s license to pre-existing work is conditioned upon its compliance with the terms of
this agreement and the perpetual license applies solely to the pre-existing work that bidder
leaves with NeGD at the conclusion of performance of the services.
1.17 Miscellaneous
1.17.1 Personnel a) The personnel assigned by Partner Agency to perform the Services shall be employees
of Partner Agency, and under no circumstances shall such personnel be considered
employees of NeGD or its nominated agencies. The Partner Agency shall have the sole
responsibility for the supervision and control of its personnel and for payment of such
personnel‟s compensation, including salary, withholding of income taxes and social
security taxes, workers compensation, employee and disability benefits and the like and
shall be responsible for all obligations of an employer subject to Applicable Law.
b) The Partner Agency shall use its best efforts to ensure that sufficient Partner Agency
personnel are assigned to perform the Services and those personnel have appropriate
qualifications to perform the Services. After discussion with Partner Agency, NeGD or
its nominated agencies shall have the right to require the removal or replacement of
any Partner Agency personnel performing work under this Agreement. In the event that
NeGD or its nominated agencies requests that any Partner Agency personnel be
replaced, the substitution of such personnel shall be accomplished pursuant to a
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mutually agreed upon schedule.
c) The Partner Agency shall also be responsible to train certain employees of NeGD, or its
nominated agencies with regard to the Services being provided by the Partner Agency
as and when required by the NeGD or its nominated agencies during the Term of this
Project. The parameters of the training required for these employees of NeGD or its
nominated agencies shall be communicated by NeGD or its nominated agencies to the
Partner Agency periodically and shall be in accordance with the latest procedures and
processes available in the relevant areas of work.
d) In the event that the NeGD or its nominated agencies identifies any personnel of Partner
Agency as “Key Personnel”, then neither the Partner Agency shall remove such
personnel from NeGD or its nominated agencies engagement without the prior written
consent of NeGD or its nominated agencies unless such removal is the result of an
unavoidable circumstance including but not limited to resignation, termination, medical
leave, etc.
e) Except as stated in this Clause, nothing in this Agreement or the SLA will limit the
ability of Partner Agency to freely assign or reassign its employees; provided that
Partner Agency shall be responsible, at its expense, for transferring all appropriate
knowledge from personnel being replaced to their replacements. NeGD or its
nominated agencies shall have the right to review and approve Partner Agency’s plan
for any such knowledge transfer. Partner Agency shall maintain the same or higher
standards for skills and professionalism among replacement personnel as in personnel
being replaced.
f) Each Party shall be responsible for the performance of all its obligations under this
Agreement or the SLA as the case may be and shall be liable for the acts and omissions
of its employees and agents in connection therewith.
1.18 Independent Contractor
Nothing in this Agreement or the SLA shall be construed as establishing or implying any
partnership or joint venture between the Parties to this Agreement or the SLA and, except
as expressly stated in this Agreement or the SLA, nothing in this Agreement or the SLA shall
be deemed to constitute any Parties as the agent of any other Party or authorizes either
Party to:
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(a) Incur any expenses on behalf of the other Party;
(b) Enter into any engagement or make any representation or warranty on behalf of
the other Party;
(c) Pledge the credit of or otherwise bind or oblige the other Party; or
(d) Commit the other Party in any way whatsoever without in each case obtaining the
other Partys prior written consent.
1.18.1 Sub-contractors
Partner Agency shall not subcontract any work related to the Core activities to be
performed under this Agreement without NeGD‟s prior written consent. However the
Partner Agency shall provide the list of all the other services planned to be sub contracted
with the Technical proposal. It is clarified that the Partner Agency shall be the principal
employer for all claims arising from the liabilities statutory or otherwise, concerning the
sub-contractors. The Partner Agency undertakes to indemnify the NeGD or its nominated
agencies from any claims on the grounds stated hereinabove.
1.18.2 Assignment
(a) All terms and provisions of this Agreement shall be binding on and shall inure to the
benefit of NeGD and their respective successors and permitted assigns.
(b) Subject to clause mentioned above, the Partner Agency shall not be permitted to
assign its rights and obligations under this Agreement to any third party.
(c) NeGD may assign or novate all or any part of this Agreement and
Schedules/Annexure, and the Partner Agency shall be a party to such novation, to
any third party contracted to provide outsourced services to NeGD or any of its
nominees.
1.18.3 Trademarks, Publicity
Neither Party may use the trademarks of the other Party without the prior written consent
of the other Party. Except as required by law or the rules and regulations, neither Party
shall publish or permit to be published either along or in conjunction with any other
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person any press release, information, article, photograph, illustration or any other
material of whatever kind relating to this Agreement, the SLA or the business of the Parties
without prior reference to and approval in writing from the other Party, such approval not
to be unreasonably withheld or delayed provided however that Partner Agency may
include NeGD or its NeGD lists for reference to third parties subject to the prior written
consent of NeGD not to be unreasonably withheld or delayed. Such approval shall apply to
each specific reference and relate only to that reference.
1.18.4 Notices
(a) Any notice or other document which may be given by either Party under this
Agreement or under the SLA shall be given in writing in person or by pre-
paid recorded delivery post, email.
(b) In relation to a notice given under this Agreement, any such notice or other
document shall be addressed to the other Partys principal or registered office
address as set out below:
Tel:
Fax:
Email:
Contact:
Partner Agency
Tel:
Fax:
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Email:
Contact
(c) In relation to a notice given under the MSA / SLA, a Party shall specify the
Parties address for service of notices, any such notice to be copied to the
Parties at the addresses set out in this Clause.
(d) Any such notice or other document shall be deemed to have been given to the
other Party (or, if relevant, its relevant associated company) when delivered
(if delivered in person) if delivered between the hours of 9.00 am and 5.00
pm at the address of the other Party set forth above, or on the next working
day thereafter if delivered outside such hours, and 7 days from the date of
posting (if by letter).
(e) Either Party to this Agreement or to the SLA may change its address,
telephone number, and nominated contact for notification purposes by giving
the other reasonable prior written notice of the new information and its
effective date.
1.18.5 Variations and Further Assurance
(a) No amendment, variation or other change to this Agreement or the SLA shall
be valid unless authorized in accordance with the change control procedure
as set out in the Change Control Schedule set out in Schedule I of this
Agreement. Such amendment shall be made in writing and signed by the duly
authorized representatives of the Parties to this Agreement or the SLA.
(b) Each Party to this Agreement or the SLA agrees to enter into or execute,
without limitation, whatever other agreement, document, consent and
waiver and to do all other things which shall or may be reasonably required
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to complete and deliver the obligations set out in this Agreement or the SLA.
1.18.6 Severability and Waiver
(a) If any provision of this Agreement or the SLA, or any part thereof, shall be
found by any court or administrative body of competent jurisdiction to be
illegal, invalid or unenforceable, the illegality, invalidity or unenforceability
of such provision or part provision shall not affect the other provisions of
this Agreement or the SLA or the remainder of the provisions in question
which shall remain in full force and effect. The relevant Parties shall
negotiate in good faith in order to agree to substitute for any illegal, invalid
or unenforceable provision a valid and enforceable provision which achieves
to the greatest extent possible the economic, social, legal and commercial
objectives of the illegal, invalid or unenforceable provision or part provision.
(b) No failure to exercise or enforce and no delay in exercising or enforcing on
the part of either Party to this Agreement or the SLA of any right, remedy or
provision of this Agreement or the SLA shall operate as a waiver of such
right, remedy or provision in any future application nor shall any single or
partial exercise or enforcement of any right, remedy or provision preclude
any other or further exercise or enforcement of such right, remedy or
provision or the exercise or enforcement of any other right, remedy or
provision.
1.18.7 Compliance with Applicable Law
Each Party to this Agreement and the SLA accepts that its individual conduct shall (to
the extent applicable to it) at all times comply with all laws, rules and regulations of
government and other bodies having jurisdiction over the area in which the Services
are undertaken provided that changes in such laws, rules and regulations which
result in a change to the Services shall be dealt with in accordance with the Change
Control Schedule set out in Schedule I of this Agreement. For the avoidance of doubt
the obligations of the Parties to this Agreement and the SLA are subject to their
respective compliance with all local, state, national, supra-national, foreign and
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international laws and regulations.
1.19 Professional Fees
All expenses incurred by or on behalf of each Party to this Agreement and the SLA,
including all fees of agents, legal advisors, accountants and actuaries employed by
either of the Parties in connection with the negotiation, preparation and execution of
this Agreement or the SLA shall be borne solely by the respective Party which
incurred them.
1.19.1 Ethics
The Partner Agency represents, warrants and covenants that it has given no
commitments, payments, gifts, kickbacks, lavish or expensive entertainment, or other
things of value to any employee or agent of NeGD or its nominated agencies in
connection with this agreement and acknowledges that the giving of any such
payment, gifts, entertainment, or other things of value is strictly in violation of NeGD
standard policies and will result in cancellation of this Agreement, or the SLA.
1.19.2 Entire Agreement
This Agreement and the SLA with all schedules & annexure appended thereto and
the contents and specifications of the Part I of the RFP constitute the entire
agreement between the Parties with respect to their subject matter, and as to all
other representations, understandings or agreements which are not fully expressed
herein, provided that nothing in this Clause shall be interpreted so as to exclude any
liability in respect of fraudulent misrepresentation.
1.19.3 Amendment
Any amendment to this Agreement shall be made in accordance with the Change
Control Schedule set out in Schedule I of this Agreement by mutual written consent
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of the Parties.
1.20 Dispute Resolution
(a) Any dispute arising out of or in connection with this Agreement or the SLA shall in
the first instance be dealt with in accordance with the escalation procedure as set out
in the Governance Schedule set out as Schedule IV of this Agreement.
(b) 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 NeGD only. The provisions of the Arbitration and Conciliation Act,
1996 will be applicable and the award made there under shall be final and binding
upon the parties hereto, subject to legal remedies available under the law. The
Arbitration proceedings will be held at Delhi, India. Any legal dispute will come
under Delhi State jurisdiction, subject to the foregoing provision regarding
arbitration.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR
RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Date ____________________
2.
Signature _____________________ For and on behalf of NeGD
Name _____________________
Designation _____________________
Date _____________________
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WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Address ____________________
Date ____________________
2.
Signature _____________________
For and on behalf of
the
Name _____________________ Partner Agency
Designation _____________________
Date _____________________
1.21 Schedule – I: Change Control Schedule
This Schedule describes the procedure to be followed in the event of any proposed change
to the Master Service Agreement (“MSA”), Project Implementation Phase, SLA and Scope
of Work and Functional Requirement Specifications. Such change shall include, but shall
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not be limited to, changes in the scope of services provided by the Partner Agency and
changes to the terms of payment as stated in the Terms of Payment Schedule.
NeGD and Partner Agency recognize that frequent change is an inevitable part of
delivering services and that a significant element of this change can be accomplished by
re-organizing processes and responsibilities without a material effect on the cost. The
Partner Agency will endeavor, wherever reasonably practicable, to effect change without
an increase in the terms of payment as stated in the Terms of Payment Schedule and NeGD
or its nominated agencies will work with the Partner Agency to ensure that all changes are
discussed and managed in a constructive manner. This Change Control Schedule sets out
the provisions which will apply to all the changes to this agreement and other documents
except for the changes in SLAs for which a separate process has been laid out.
This Change Control Schedule sets out the provisions which will apply to changes to the
MSA.
1.21.1 Change Management Process
(a) Change Control Note ("CCN")
i. Change requests in respect of the MSA, the Project Implementation, the
operation, the SLA or Scope of work and Functional Requirement specifications
will emanate from the Parties' respective Project Manager who will be
responsible for obtaining approval for the change and who will act as its
sponsor throughout the Change Control Process and will complete Part A of the
CCN attached as Annexure 4.1 hereto. CCNs will be presented to the other
Party's Project Manager who will acknowledge receipt by signature of the CCN.
ii. The Partner Agency and NeGD or its nominated agencies, during the Project
Implementation Phase and NeGD or its nominated agencies during the
Operations and Management Phase and while preparing the CCN, shall consider
the change in the context of the following parameter, namely whether the
change is beyond the scope of Services including ancillary and concomitant
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services required and as detailed in Part I of the RFP and is suggested and
applicable only after the go live of the UMANG Platform.
(b) Quotation
The Partner Agency shall assess the CCN and complete Part (b) of the CCN, in
completing the Part (b) of the CCN the Partner Agency shall provide as a minimum:
1. A description of the change
2. A list of deliverables required for implementing the change;
3. A time table for implementation;
4. An estimate of any proposed change
5. Any relevant acceptance criteria
6. An assessment of the value of the proposed change;
7. Material evidence to prove that the proposed change is not already
covered within the Agreement and the scope of work.
i. Prior to submission of the completed CCN to NeGD, or its nominated agencies,
the Service Provider will undertake its own internal review of the proposal
and obtain all necessary internal approvals. As a part of this internal review
process, the Partner Agency shall consider the materiality of the proposed
change in the context of the MSA and the Project Implementation affected by
the change and the total effect that may arise from implementation of the
change.
(c) Costs
Each Party shall be responsible for its own costs incurred in the quotation,
preparation of CCNs and in the completion of its obligations described in this process
provided the Partner Agency meets the obligations as set in the CCN. In the event the
Partner Agency is unable to meet the obligations as defined in the CCN then the cost of
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getting it done from third party will be borne by the Partner Agency.
(d) Obligations
The Partner Agency shall be obliged to implement any proposed changes once
approval in accordance with above provisions has been given, with effect from the
date agreed for implementation and within an agreed timeframe.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR
RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Date ____________________
2.
Signature _____________________ For and on behalf of NeGD
Name _____________________
Designation _____________________
Date _____________________
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
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Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Address ____________________
Date ____________________
2.
Signature _____________________ For and on behalf of the
Name _____________________ Partner Agency
Designation _____________________
Date _____________________
1.22 Schedule – II: Exit Management Schedule
1.22.1 Purpose
(a) This Schedule sets out the provisions, which will apply on expiry or
termination of the MSA, the Project Implementation, Operation and
Management.
(b) In the case of termination of the Project Implementation and/or Operation
and Management, the Parties shall agree at that time whether, and if so
during what period, the provisions of this Schedule shall apply.
(c) The Parties shall ensure that their respective associated entities carry out
their respective obligations set out in this Exit Management Schedule.
1.22.2 Cooperation and Provision of Information
During the exit management period:
(a) The Partner Agency will allow NeGD or its nominated agency access to
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information reasonably required to define the then current mode of
operation associated with the provision of the services to enable NeGD to
assess the existing services being delivered;
(b) Promptly on reasonable request by NeGD, the Partner Agency shall provide
access to and copies of all information held or controlled by them which they
have prepared or maintained in accordance with this agreement relating to
any material aspect of the services (whether provided by the Partner Agency
or sub contractors appointed by the Partner Agency). NeGD shall be entitled
to copy of all such information. Such information shall include details
pertaining to the services rendered and other performance data. The Partner
Agency shall permit NeGD or its nominated agencies to have reasonable
access to its employees and facilities as reasonably required to understand
the methods of delivery of the services employed by the Partner Agency and
to assist appropriate knowledge transfer.
1.22.3 Confidential Information, Security and Data
(a) The Partner Agency will promptly on the commencement of the exit
management period supply to NeGD or its nominated agency the following:
i. Information relating to the current services rendered and customer and
performance data relating to the performance of sub contractors in
relation to the services;
ii. Documentation relating to Project’s Intellectual Property Rights;
iii. Documentation relating to sub-contractors;
iv. All current and updated data as is reasonably required for purposes of
NeGD or its nominated agencies transitioning the services to its
Replacement Partner Agency in a readily available format nominated by
the NeGD, or its nominated agency;
v. All other information (including but not limited to documents, records
and agreements) relating to the services reasonably necessary to enable
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NeGD or its nominated agencies, or its Replacement Partner Agency to
carry out due diligence in order to transition the provision of the Services
to NeGD or its nominated agencies, or its Replacement Partner Agency (as
the case may be).
(b) Before the expiry of the exit management period, the Partner Agency shall
deliver to NeGD or its nominated agency all new or up-dated materials from
the categories set out in Schedule above and shall not retain any copies
thereof, except that the Partner Agency shall be permitted to retain one copy
of such materials for archival purposes only.
(c) Before the expiry of the exit management period, unless otherwise provided
under the MSA, NeGD or its nominated agency shall deliver to the Partner
Agency all forms of Partner Agency confidential information, which is in the
possession or control of NeGD or its nominated agency.
1.22.4 Employees
(a) Promptly on reasonable request at any time during the exit management
period, the Partner Agency shall, subject to applicable laws, restraints and
regulations (including in particular those relating to privacy) provide to
NeGD or its nominated agency a list of all employees (with job titles) of the
Partner Agency dedicated to providing the services at the commencement of
the exit management period.
(b) Where any national, regional law or regulation relating to the mandatory or
automatic transfer of the contracts of employment from the Partner Agency
to NeGD or its nominated agency, or a Replacement Partner Agency
("Transfer Regulation") applies to any or all of the employees of the Partner
Agency, then the Parties shall comply with their respective obligations under
such Transfer Regulations.
(c) To the extent that any Transfer Regulation does not apply to any employee of
the Partner Agency, department, or its Replacement Partner Agency may
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make an offer of employment or contract for services to such employee of the
Partner Agency and the Partner Agency shall not enforce or impose any
contractual provision that would prevent any such employee from being
hired by NeGD or any Replacement Partner Agency.
1.22.5 Transfer of Certain Agreements On request by NeGD or its nominated agency, the Partner Agency shall effect such
assignments, transfers, licenses and sub-licenses as may require in the name of NeGD
or its Replacement Partner Agency in relation to any cloud lease, maintenance or
service provision agreement between Partner Agency and third party licensor,
vendors, and which are related to the services and reasonably necessary for the
carrying out of replacement services by NeGD or its nominated agency or its
Replacement Partner Agency.
1.22.6 Rights of Access to Premises
a) At any time during the exit management period, where Assets are located at the
Partner Agency's premises, the Partner Agency will be obliged to give reasonable
rights of access to (or, in the case of Assets located on a third party's premises,
procure reasonable rights of access to) NeGD or its nominated agency and/or
any Replacement Partner Agency in order to make an inventory of the Assets.
b) The Partner Agency shall also give NeGD or its nominated agency or its
nominated agencies, or any Replacement Partner Agency right of reasonable
access to the Partner Agency's premises and shall procure NeGD or its
nominated agency or its nominated agencies and any Replacement Partner
Agency rights of access to relevant third party premises during the exit
management period and for such period of time following termination or expiry
of the MSA as is reasonably necessary to migrate the services to NeGD or its
nominated agency, or a Replacement Partner Agency.
1.22.7 General Obligations of the Partner Agency a) The Partner Agency shall provide all such information as may reasonably be
necessary to effect as seamless a handover as practicable in the
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circumstances to NeGD or its nominated agency or its Replacement Partner
Agency and which the Partner Agency has in its possession or control at any
time during the exit management period.
b) For the purposes of this Schedule, anything in the possession or control of
any Partner Agency, associated entity, or sub contractor is deemed to be in
the possession or control of the Partner Agency.
c) The Partner Agency shall commit adequate resources to comply with its
obligations under this Exit Management Schedule.
1.22.8 Exit Management Plan a) The Partner Agency shall provide NeGD or its nominated agency with a
recommended exit management plan ("Exit Management Plan") which shall
deal with at least the following aspects of exit management in relation to the
MSA as a whole and in relation to the Project Implementation, and the
Operation and Management phase.
i. A detailed program of the transfer process that could be used in conjunction
with a Replacement Partner Agency including details of the means to be used
to ensure continuing provision of the services throughout the transfer
process or until the cessation of the services and of the management
structure to be used during the transfer;
ii. plans for the communication with such of the Partner Agency's sub
contractors, staff, suppliers, customers and any related third party as are
necessary to avoid any material detrimental impact on NeGD’s operations as
a result of undertaking the transfer;
iii. (if applicable) proposed arrangements for the segregation of the Partner
Agency's networks from the networks employed by NeGD and identification
of specific security tasks necessary at termination;
iv. Plans for provision of contingent support to NeGD and Replacement Partner
Agency for a reasonable period after transfer.
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b) The Partner Agency shall re-draft the Exit Management Plan annually thereafter
to ensure that it is kept relevant and up to date.
c) Each Exit Management Plan shall be presented by the Partner Agency to and
approved by NeGD or its nominated agencies.
d) The terms of payment as stated in the Terms of Payment Schedule includes the
costs of the Partner Agency complying with its obligations under this Schedule.
e) In the event of termination or expiry of MSA, and Project Implementation, each
Party shall comply with the Exit Management Plan.
f) During the exit management period, the Partner Agency shall use its best efforts
to deliver the services.
g) Payments during the Exit Management period shall be made in accordance with
the Terms of Payment Schedule.
h) This Exit Management plan shall be furnished in writing to NeGD or its
nominated agencies within 90 days from the Effective Date of this Agreement.
i) IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET
THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE
WRITTEN.
WITNESSES:-
1.
Signature _____________________ Signature ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Date ____________________
2.
Signature _____________________ For and on behalf of NeGD
Name _____________________
Designation _____________________
Date _____________________
WITNESSES:-
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1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Address ____________________
Date ____________________
2.
Signature _____________________ For and on behalf of the
Name _____________________ Partner Agency
Designation _____________________
Date _____________________
1.23 Schedule – III: Audit, Access and Reporting
1.23.1 Purpose
This Schedule details the audit, access and reporting rights and obligations of the
NeGD or its nominated agency and the Partner Agency.
1.23.2 Audit Notice and Timing
1. As soon as reasonably practicable after the Effective Date, the Parties shall use
their best endeavors to agree to a timetable for routine audits during the Project
Implementation Phase and the Operation and Management Phase. Such
timetable during the Implementation Phase, NeGD or its nominated agency and
thereafter during the operation Phase, NeGD or its nominated agency shall
conduct routine audits in accordance with such agreed timetable and shall not
be required to give the Partner Agency any further notice of carrying out such
audits.
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2. NeGD or its nominated agency may conduct non-timetabled audits at his/ her
own discretion if they reasonably believes that such non-timetabled audits are
necessary as a result of an act of fraud by the Partner Agency, a security
violation, or breach of confidentiality obligations by the Partner Agency,
provided that the requirement for such an audit is notified in writing to the
Partner Agency a reasonable period time prior to the audit (taking into account
the circumstances giving rise to the reasonable belief) stating in a reasonable
level of detail the reasons for the requirement and the alleged facts on which the
requirement is based. If the Partner Agency considers that the non-timetabled
audit was not appropriate, the matter shall be referred to the escalation
procedure as set out in the Governance Schedule.
3. The frequency of audits shall be half yearly, provided always that the NeGD or its
nominated agency shall endeavor to conduct such audits with the lowest levels
of inconvenience and disturbance practicable being caused to the Partner
Agency.
1.23.3 Access
The Partner Agency shall provide to NeGD or its nominated agency reasonable access
to employees, subcontractors, suppliers, agents and third party facilities as detailed in
the RFP and also documents, records and systems reasonably required for audit and
shall provide all such persons with routine assistance in connection with the audits
and inspections. NeGD or its nominated agency shall have the right to copy and retain
copies of any relevant records. The Partner Agency shall make every reasonable effort
to co-operate with them.
1.23.4 Audit Rights
a) NeGD or its nominated agency shall have the right to audit and inspect
suppliers, agents and third party facilities (if any), cloud, documents, records,
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procedures and systems relating to the provision of the services, but only to
the extent that they relate to the provision of the services, as shall be
reasonably necessary to verify:
i. The security, integrity and availability of all data processed, held or
conveyed by the Partner Agency on behalf of NeGD and documentation
related thereto;
ii. That the actual level of performance of the services is the same as
specified in the SLA;
iii. That the Partner Agency has complied with the relevant technical
standards, and has adequate internal controls in place; and
iv. The compliance of the Partner Agency with any other obligation under
the MSA and SLA.
v. Security audit and implementation audit of the system shall be done once
each year.
vi. For the avoidance of doubt the audit rights under this Schedule shall not
include access to the Partner Agency's profit margins or overheads
associated with any obligation under the MSA.
1.23.5 Audit Rights of Sub-Contractors, Suppliers and Agents a) The Partner Agency shall use reasonable endeavors to achieve the same
audit and access provisions as defined in this Schedule with sub-contractors,
suppliers and agents who supply labor, services, equipment or materials in
respect of the services. The Partner Agency shall inform NeGD or its
nominated agency prior to concluding any sub-contract or supply agreement
of any failure to achieve the same rights of audit or access.
b) REPORTING: The Partner Agency will provide quarterly reports to the NeGD
or its nominated agency regarding any specific aspects of the Project and in
context of the audit and access information as required by the NeGD or its
nominated agency.
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1.23.6 Action and Review a) Any change or amendment to the systems and procedures of the Partner
Agency, or sub-contractors, where applicable arising from the audit report
shall be agreed within thirty (30) calendar days from the submission of the
said report.
b) Any discrepancies identified by any audit pursuant to this Schedule shall be
immediately notified to the NeGD or its nominated agency. and the Partner
Agency.
c) Partner Agency in consultation with NeGD, shall determine what action
should be taken in respect of such discrepancies in accordance with the
terms of the MSA.
1.23.7 Terms of Payment The terms of payment are inclusive of any costs of the Partner Agency and the sub-
contractor, for all reasonable assistance and information provided under the MSA, the
Project Implementation, Operation and Management by the Partner Agency pursuant
to this Schedule.
1.23.8 Records and Information For the purposes of audit in accordance with this Schedule, the Partner Agency shall
maintain true and accurate records in connection with the provision of the services
and the Partner Agency shall handover all the relevant records and documents upon
the termination or expiry of the MSA.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR
RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
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Designation _____________________ Designation ____________________
Date _____________________ Date ____________________
2.
Signature _____________________ For and on behalf of NeGD
Name _____________________
Designation _____________________
Date _____________________
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Address ____________________
Date ____________________
2.
Signature _____________________ For and on behalf of the
Name _____________________ Partner Agency
Designation _____________________
Date _____________________
1.24 Schedule – IV: Governance Schedule
1.24.1 Purpose
The purpose of this Schedule is to:
(i) Establish and maintain the formal and informal processes for managing the
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relationship between NeGD and the Partner Agency (including the outputs
from other Schedules to this Agreement;
(ii) Define the principles that both Parties wish to follow to ensure the
delivery of the Services;
(iii) Ensure the continued alignment of the interests of the Parties;
(iv) Ensure that the relationship is maintained at the correct level within each
Party;
(v) Create the flexibility to revise and maintain the relationship and this
Agreement during the Term;
(vi) Set out the procedure for escalating disagreements; and
(vii) Enable contract administration and performance management.
1.24.2 Governance Structure (a) Project Managers: The relationship under this Agreement will be managed by
the Project Managers appointed by each Party, who will provide the interface
between the executive management of the respective Parties.
(b) Project Implementation Unit (PIU): Within 7 days following the Effective
Date, NeGD or its nominated agencies and the Partner Agency shall form a
joint Project Implementation Unit comprising of members from each party,
and each party shall appoint a Project Manager. In the event that either Party
wishes to substitute its Project Manager it will do so in manner in which the
original appointment is made and notify the other Party of such substitution
as soon as reasonably practicable but at the latest within 7 days of the
substitution.
(c) The Project Managers shall have responsibility for maintaining the interface
and communication between the Parties.
(d) The PIU will meet formally on a fortnightly / monthly / quarterly, as
required, basis at a time and location to be agreed between them. These
meetings will cover, as a minimum, the following agenda items: (i)
consideration of Quarterly Performance Reports; (ii) consideration of
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matters arising out of the Change Control Schedule; (iii) issues escalated in
accordance with the escalation procedure as set out in the Governance
Schedule; (iv) matters to be brought before the PIU in accordance with the
MSA and the Schedules; (v) any matter brought before the PIU by the Partner
Agency under this Article; and (vi) any other issue which either Party wishes
to add to the agenda; (viI) Payment Reconciliation Reports; (ix) Usage (fee)
Report (x) Application enablement Reports etc.
(e) In the event that there is any material factor which affects the delivery of the
Services or the terms of payment as stated in the Terms of Payment
Schedule, the Parties agree to discuss in the PIU any appropriate amendment
to the Agreement or any Service Level Agreements or Statement of Works
including any variation to the terms of payment as stated in the Terms of
Payment Schedule. Any variation so agreed shall be implemented through
the change control procedure as set out in the Change Control Schedule.
1.24.3 Governance Procedures
(a) The Partner Agency shall document the agreed structures in a procedures
manual.
(b) The agenda for each meeting of the PIU shall be set to reflect the discussion
items referred to above and extraordinary items may be added either with
the agreement of the Parties or at the request of either Party. Copies of the
agenda for meetings of the PIU, along with relevant pre-reading material,
shall be distributed at least one week in advance of the relevant meeting.
(c) All meetings and proceedings will be documented such documents to be
distributed to the Parties and copies shall be kept as a record. All actions,
responsibilities and accountabilities arising out of any meeting shall be
tracked and managed.
(d) The Parties shall ensure as far as reasonably practicable that the PIU shall
resolve the issues and resolve the objectives placed before them and that
members representing that Party are empowered to make relevant decisions
or have easy access to empowered individuals for decisions to be made to
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achieve this.
(e) In order formally to submit a Disputed Matter to the aforesaid for a, one
Party ("Claimant") shall give a written notice ("Dispute Notice") to the other
Party. The Dispute Notice shall be accompanied by (a) a statement by the
Claimant describing the Disputed Matter in reasonable detail and (b)
documentation, if any, supporting the Claimant's position on the Disputed
Matter.
(f) The other Party ("Respondent") shall have the right to respond to the
Dispute Notice within 7 days after receipt of the Dispute Notice. In the event
that the parties are unable to resolve the Disputed Matter within a further
period of 7 days, it shall refer the Disputed Matter to next level of the dispute
resolution for action as per the process mentioned in section 1.18.
(g) All negotiations, statements and / or documentation pursuant to these
Articles shall be without prejudice and confidential (unless mutually agreed
otherwise).
(h) If the Disputed Matter is having a material effect on the operation of the
Services (or any of them or part of them) the Parties will use all their
respective reasonable endeavors to reduce the elapsed time in reaching a
resolution of the Disputed Matter.
1.24.4 The payment under the various cost heads is given as under: (a) For the payment purposes the pro rata reduction has been done on the cost
items and sub items. The financial implications for both the states have been
mentioned separately. Breakup of the overall project cost for all the phases
of the project have been given in the Schedule below.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET
THEIR RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE
WRITTEN.
WITNESSES:-
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1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Date ____________________
2. Signature _____________________ For and on behalf of NeGD
Name _____________________
Designation _____________________
Date _____________________
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Address ____________________
Date ____________________
2.
Signature _____________________ For and on behalf of the
Name _____________________ Partner Agency
Designation _____________________
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Date _____________________
1.25 Schedule – V: Payment schedule
The payment schedule and milestones are divided into two phases:
A) Implementation Phase
B) Operations and Maintenance Phase
Note: All payments to the Partner Agency shall be made upon submission of invoices
along with relevant approval certificates ( in case of Application enablement from
respective State/UT). Payment of Implementation Pahse will be made as mentioned in
Section 9.2.3 of the RFP. Payment during Operations Phase will be made on based on the
adherence to SLA, and Usage Fee, for the amount quoted for each respective quarter.
Note: All payments to the Partner Agency shall be made upon submission of invoices
along with relevant documents
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR
RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Date ____________________
2.
Signature _____________________ For and on behalf of NeGD
Name _____________________
Designation _____________________
Date _____________________
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WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Address ____________________
Date ____________________
2.
Signature _____________________ For and on behalf of the
Name _____________________ Partner Agency
Designation _____________________
Date _____________________
1.26 Schedule – VI: Service Level Agreement
The service levels to be established for the Services offered by the Partner Agency will be
governed as per the Service levels outlined in the section 18 of this RFP
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR
RESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Date ____________________
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2.
Signature _____________________ For and on behalf of NeGD
Name _____________________
Designation _____________________
Date _____________________
WITNESSES:-
1.
Signature _____________________
Signatur
e ____________________
Name _____________________ Name ____________________
Designation _____________________ Designation ____________________
Date _____________________ Address ____________________
Date ____________________
2.
Signature _____________________ For and on behalf of the
Name _____________________ Partner Agency
Designation _____________________
Date _____________________
2 Formats
2.1 FORMATS FOR THE TECHNICAL BID RESPONSE
2.1.1 Undertaking on Patent Rights
(Company letterhead)
[Date]
To
Sub: Undertaking on Patent Rights
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Sir,
1. I/We as Partner Agency do hereby undertake that none of the deliverables/ software
components being provided by us is infringing on any patent or intellectual and industrial
property rights as per the applicable laws of relevant jurisdictions having requisite
competence.
2. I/We also confirm that there shall be no infringement of any patent or intellectual and
industrial property rights as per the applicable laws of relevant jurisdictions having
requisite competence, in respect of the systems or any part thereof to be supplied by us. We
shall indemnify NeGD, against all cost/claims/legal claims/liabilities arising from third
party claim in this regard at any time on account of the infringement or unauthorized use of
patent or intellectual and industrial property rights of any such parties, whether such
claims arise in respect of manufacture or use.
3. If it is found that it does infringe on patent rights, I/We absolve NeGD, of any legal action.
Yours faithfully,
Authorized Signatory
Designation
2.1.2 Undertaking on Conflict of Interest
(Company letterhead)
[Date]
To
Sub: Undertaking on Conflict of Interest
Sir,
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I/We as Partner Agency do hereby undertake that there is, absence of, actual or potential
conflict of interest on the part of the Partner Agency or any prospective subcontractor due
to prior, current, or proposed contracts, engagements, or affiliations with NeGD, . I/We also
confirm that there are no potential elements (time frame for service delivery, resource,
financial or other) that would adversely impact the ability of the Partner Agency to
complete the requirements as given in the RFP. We undertake and agree to indemnify and
hold NeGD, harmless against all claims, losses, damages, costs, expenses, proceeding fees of
legal advisors (on a reimbursement basis) and fees of other professionals incurred (in the
case of legal fees & fees of professionals, reasonably) by NeGD, and/or its representatives, if
any such conflict arises later.
Yours faithfully,
Authorized Signatory
Designation
2.1.3 Undertaking On Pricing of Items of Technical Response
(Company letterhead)
[Date]
To
Sub: Undertaking on Clarifications sent to NEGD,
Sir,
I/We do hereby undertake that Commercial Proposal submitted by us is inclusive of all the
items in the technical proposal and is inclusive of all the clarifications provided/may be
provided by us on the technical proposal during the evaluation of the technical offer. We
understand and agree that our Commercial Proposal is firm and final and that any
clarifications sought by you and provided by us would not have any impact on the
Commercial Proposal submitted by us.
Yours faithfully,
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Authorized Signatory
Designation
2.1.4 Undertaking on Provision of Support for Software
(Company
letterhead)
[Date]
To
Sub: Undertaking on Provision of Support for Software
Sir,
1. I/We as Partner Agency do hereby undertake the provision for Annual maintenance
support/Warranty support by Partner Agency for all the components of the UMANG
during the duration of the contract period.
2. We also undertake to provide the support needed for any 3rd party products
proposed as part of UMANG during the duration of the contract period.
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Yours faithfully,
Authorized Signatory
Designation
2.1.5 Undertaking on Service Level Compliance
(Company
letterhead) [Date]
To
Sub: Undertaking on Service Level Compliance
Sir,
I/We as Partner Agency do hereby undertake that we shall monitor, maintain, and comply
with the service levels as stated in the RFP to provide quality service to NeGD.
However, if the proposed number of resources is found to be not sufficient in meeting the
tender and/or the Service Level requirements given by NeGD, then we will augment the
team without any additional cost to NeGD .
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Yours faithfully,
Authorized Signatory
Designation
2.1.6 Undertaking on Deliverables
(Company
letterhead) [Date]
To
Sub: Undertaking on Deliverables
Sir,
1. We recognize and undertake that the Deliverables/artefacts shall be presented and
explained to NeGD, State/UT and Government departments and local bodies, and other
key stakeholders (identified by NeGD), and also take the responsibility to provide
clarifications as requested by NeGD.
2. We also understand that the acceptance, approval and sign-off of the deliverables by
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NeGD, State/UT and Government departments and local bodies, shall be done on the
advice of any third party agency. We understand that while all efforts shall be made to
accept and convey the acceptance of each deliverable in accordance with the project
schedule, no deliverable will be considered accepted until a specific written
communication to that effect is made by NeGD.
Yours faithfully,
Authorized Signatory
Designation
2.1.7 Undertaking on Training the Users
(Company
letterhead) [Date]
To
Sub: Undertaking on Training the Users
Sir,
1. I/We hereby undertake to train users as per NeGD’s requirements stated in the Request
for Proposal (RFP). We further undertake that:
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We shall carry out a comprehensive training needs analysis and accordingly design the
training program.
Our training program would include, at the minimum, classroom training followed by
supervised work sessions.
We shall prepare all necessary training materials and deliver the training.
Yours faithfully,
Authorized Signatory
Designation
2.1.8 Undertaking on Exit Management and Transition
(Company
letterhead) [Date]
To
Sub: Undertaking on Exit Management and Transition
Sir,
1. I/We hereby undertake that at the time of completion of the engagement, we shall
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successfully carry out the exit management and transition (to NeGD, or to an agency
identified by NeGD, ) to NeGD’s satisfaction.
2. I/We further undertake to complete the following as part of the Exit Management
and Transition:
i. Transition of project artefacts and assets
a. We undertake to complete the updating of all project documents and
other artefacts and handover the same to NeGD, before transition
b. We undertake to design Standard Operating Procedures to manage
complete UMANG platform (including cloud infrastructure and other
related systems), document the same and train identified
stakeholders on the same.
3. I/We also understand that the Exit Management and Transition will be considered
complete on the basis of approval from NeGD.
Yours faithfully,
Authorized Signatory
Designation
2.1.9 Undertaking on Personnel
(Company
letterhead) [Date]
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To
Sub: Undertaking on Personnel
Sir,
1. I/We as Partner Agency do hereby undertake that those persons, whose profiles
were part of the basis for evaluation of the bids and have been identified as “Key
Personnel” of the proposed team, shall be deployed during the Project as per our bid
submitted in response to the RFP.
2. We undertake that any of the identified “Key Personnel” shall not be removed or
replaced without the prior written consent of NeGD.
3. Under exceptional circumstances, if the Key Personnel are to be replaced or
removed, we shall put forward the profiles of personnel being proposed as
replacements, which will be either equivalent or better than the ones being
replaced. However, whether these profiles are better or equivalent to the ones being
replaced will be decided by NeGD. NeGD will have the right to accept or reject these
substitute profiles.
4. We also undertake to staff the Project with competent team members in case any of
the proposed team members leave the Project either due to voluntary severance or
disciplinary actions against them.
5. We undertake that the resources should be full time assigned to the UMANG project
and will not be working simultaneously on other projects.
6. We acknowledge that NeGD, has the right to seek the replacement of any member of
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the Project team being deployed by us, based on the assessment of NeGD, that the
person in question is incompetent to carry out the tasks expected of him/her or
found that person does not really possess the skills /experience/qualifications as
projected in his/her profile or on the ground of security concerns or breach of
ethics.
7. In case we assign or reassign any of the team members, we shall be responsible, at
our expense, for transferring all appropriate knowledge from personnel being
replaced to their replacements within a reasonable time.
Yours faithfully,
Authorized Signatory
Designation
2.1.10 Undertaking on Changes to the Contract Clauses
(Company
letterhead) [Date]
To
Sub: Undertaking on Changes to Contract Clauses
Sir,
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1. I/We as Partner Agency do hereby acknowledge that we understand that the
request for changes to contract clauses and any other terms and conditions in
the RFP, submitted in our proposal as per the RFP are just suggestions for
change.
2. We understand that it is neither guaranteed that these requests for changes will
be accepted in the final contract nor this process will be construed as any
commitment from NeGD to consider those suggestions.
Yours faithfully,
Authorized Signatory
Designation
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2.1.11 Profiles of Previous Project Experience
Relevant Project experience
General Information
Name of the project
Client for which the project was executed
Name and contact details of the client
Project Details
Description of the project
Scope of services
Service levels being offered/ Quality of service (QOS)
Technologies used
Outcomes of the project
Other Details
Total cost of the project
Total cost of the services provided by the respondent
Duration of the project (no. of months, start date, completion date, current status)
Other Relevant Information
Mandatory Supporting Documents: a) Letter from the client to indicate the
successful completion of the projects
Project Capability Demonstration
Please provide complete details regarding the scope of the project to indicate the
relevance to the requested technical evaluation criterion.
2.1.12 Team Profile
Format for the Profiles
Name of the person
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Current Designation / Job Title
Current job responsibilities
Proposed Role in the Project
Proposed Responsibilities in the Project
Academic Qualifications:
- Degree
- Academic institution graduated from
- Year of graduation
- Specialization (if any)
- Key achievements and other relevant
information (if any)
Professional Certifications (if any)
Total number of years of experience
Number of years with the current company
Summary of the Professional / Domain Experience
Number of complete life cycle implementations carried
out
The names of customers (Please provide the relevant
names)
Past assignment details (For each assignment provide
details regarding name of organizations worked for,
designation, responsibilities, tenure) Prior Professional
Experience covering:
Organizations worked for in the past
- Organization name
- Duration and dates of entry and exit
- Designation
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- Location(s)
- Key responsibilities
Prior project experience
- Project name
- Client
- Key project features in brief
- Location of the project
- Designation
- Role
- Responsibilities and activities
- Duration of the project
Please provide only relevant projects.
Proficient in languages (Against each language listed
indicate if read/write/both)
Each profile must be accompanied by the following undertaking from the staff member:
(Alternatively, a separate undertaking with the same format as below with all the names of
the proposed profiles should be provided)
Certification
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes my qualifications, my experience, and myself. I understand that any willful
misstatement described herein may lead to my disqualification or dismissal, if engaged.
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Signature:
Date:
[Signature of staff member or authorized representative of the staff] Day/Month/Year
Full name of authorized representative:
2.1.13 Suggestions on Changes to Contract Clauses
(Company letterhead)
[Date]
To
Director
National e-Governance Division
Department of Electronics & Information Technology
4th Floor, Electronics Niketan, 6 CGO Complex, Lodhi Road
New Delhi – 110003
Sub: Changes to the Contract Clauses
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Sir,
1. We request you to consider the following changes to the Contract Clauses:
S No Page No. Section No. Original
Text
Suggested
Change
Reason for
Change
1.
2.
3.
Yours faithfully,
Authorized
Signatory
Designation
2.2 FORMATS FOR THE COMMERCIAL BID RESPONSE
2.2.1 Commercial Proposal Cover Letter
(Company
letterhead) [Date]
To
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Dear Sir,
Ref: RFP for Selection of Partner Agency for the Implementation of Unified Mobile
Application for New-age Governance (UMANG)
Having examined the RFP Document, the receipt of which is hereby duly acknowledged, we,
the undersigned, offer to provide the services, as required and outlined in the RFP. In order
to meet such requirements and to provide services as set out in the RFP document,
following is our quotation summarizing our Commercial Proposal.
We attach hereto the Commercial Proposal as required by the Bid document, which
constitutes our proposal.
We undertake, if our proposal is accepted, to the services as put forward in the RFP or such
modified requirements as may subsequently be agreed mutually by us and NeGD.
We will obtain necessary bank guarantees in the formats given in the bid document issued
by a bank in India, acceptable to NeGD and furnish them within the time frames set out in
the RFP.
We agree for unconditional acceptance of all the terms and conditions in the bid document
and we also agree to abide by this bid response for a period of SIX (6) MONTHS from the
date fixed for commercial bid opening and it shall be valid proposal till such period with
full force and virtue. Until within this period a formal contract is prepared and executed,
this bid response, together with your written acceptance thereof in your notification of
award, shall constitute a binding contract between NeGD and us.
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We confirm that the information contained in this proposal or any part thereof, including
its exhibits, schedules, and other documents and instruments delivered or to be delivered
to NeGD is true, accurate, and complete. This proposal includes all information necessary to
ensure that the statements therein do not in whole or in part mislead NeGD as to any
material fact.
We agree that you are not bound to accept the lowest or any bid response you may receive.
We also agree that you reserve the right in absolute sense to reject all or any if the
products/ service specified in the bid response without assigning any reason whatsoever.
It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/
agency/organization and empowered to sign this document as well as other such
documents, which may be required in this connection.
Dated this Day of 2016
(Signature)
(In the capacity
of)
Duly authorized to sign the Bid Response for and on
behalf of: (Name and Address of Company) Seal/Stamp
of Partner Agency
CERTIFICATE AS TO AUTHORISED
SIGNATORIES
I, certify that I am ………………. of the ……………………………., and that
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……………………………………………………………… who signed the above proposal is authorized to
bind the company, pursuant to the resolution passed in the meeting of Board of Directors of
the company on _________(date).
Date
(Seal here)
2.2.2 Non – Disclosure Agreement (NDA)
[Company Letterhead]
This AGREEMENT (hereinafter called the “Agreement”) is made on the [day] day of the
month of [month], [year], between, NeGD, on the one hand, (hereinafter called the “Client”)
and, on the other hand, [Name of the bidder] (hereinafter called the “Bidder”) having its
registered office at [Address]
WHEREAS
The “Client” has issued a public notice inviting various organizations to propose for hiring
services of an organization for provision of services under the UMANG Project (hereinafter
called the “Project”) of the Client;
The Bidder, having represented to the “Client” that it is interested to bid for the
proposed Project, The Client and the Bidder agree as follows:
1. In connection with the “Project”, the Client agrees to provide to the Bidder a Detailed
Document on the Project vide the Request for Proposal. The Request for Proposal
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contains details and information of the Client operations that are considered
confidential.
2. The Bidder to whom this Information (Request for Proposal) is disclosed shall:
a. Hold such Information in confidence with the same degree of care with which
the Bidder protects its own confidential and proprietary information;
b. Restrict disclosure of the Information solely to its employees, agents and
contractors with a need to know such Information and advise those persons of
their obligations hereunder with respect to such Information;
c. Use the Information only as needed for the purpose of bidding for the Project;
d. Except for the purpose of bidding for the Project, no copy or otherwise duplicate
such Information or knowingly allow anyone else to copy or otherwise duplicate
such Information; and
e. Undertake to document the number of copies it makes;
f. On completion of the bidding process and in case unsuccessful, promptly return
to the Client, all Information in a tangible form or certify to the Client that it has
destroyed such Information.
3. The Bidder shall have no obligation to preserve the confidential or proprietary nature
of any Information which:
a. Was previously known to the Bidder free of any obligation to keep it confidential
at the time of its disclosure as evidenced by the Bidder’s written records
prepared prior to such disclosure; or
b. Is or becomes publicly known through no wrongful act of the Bidder; or
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c. Is independently developed by an employee, agent or contractor of the Bidder
not associated with the Project and who did not have any direct or indirect
access to the Information.
4. The Agreement shall apply to all Information relating to the Project disclosed by the
Client to the Bidder under this Agreement.
5. The Client will have the right to obtain an immediate injunction enjoining any breach of
this Agreement, as well as the right to pursue any and all other rights and remedies
available at law or in equity for such a breach.
6. Nothing contained in this Agreement shall be construed as granting or conferring rights
of license or otherwise, to the bidder, in any of the Information. Notwithstanding the
disclosure of any Information by the Client to the Bidder, the Client shall retain title and
all intellectual property and proprietary rights in the Information. No license under any
trademark, patent or copyright, or application for same that are now or thereafter may
be obtained by such party is either granted or implied by the conveying of Information.
The Bidder shall not alter or obliterate any trademark, trademark notice, copyright
notice, confidentiality notice or any notice of any other proprietary right of the Client on
any copy of the Information, and shall reproduce any such mark or notice on all copies
of such Information.
7. This Agreement shall be effective from the date the last signature is affixed to this
Agreement and shall continue in perpetuity.
8. Upon written demand of the Client, the Bidder shall (i) cease using the Information, (ii)
return the Information and all copies, notes or extracts thereof to the Client forthwith
after receipt of notice, and (iii) upon request of the Client, certify in writing that the
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Bidder has complied with the obligations set forth in this paragraph.
9. This Agreement constitutes the entire agreement between the parties relating to the
matters discussed herein and supersedes any and all prior oral discussions and/or
written correspondence or agreements between the parties. This Agreement may be
amended or modified only with the mutual written consent of the parties. Neither this
Agreement nor any right granted hereunder shall be assignable or otherwise
transferable.
10. CONFIDENTIAL INFORMATION IS PROVIDED “AS IS” WITH ALL FAULTS. IN NO EVENT
SHALL
THE CLIENT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE
CONFIDENTIAL INFORMATION.
11. This Agreement shall benefit and be binding upon the Client and the Bidder and their
respective subsidiaries, affiliate, successors and assigns.
12. This Agreement shall be governed by and construed in accordance with the Indian laws.
For and on behalf of the Bidder
____(Signature)______
(Name of the Authorized
Signatory) Date
Address
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Location
2.2.3 Format for submission of Queries for clarification
Bidders requiring specific points of
clarification may
communicate
with NeGD, during the
specified period using the following format:
<<Name & Address>>
BIDDER’S REQUEST FOR CLARIFICATION
Name of Organization
Name & position of
person Full formal address of the
submitting request submitting request
organizati
on
includin
g phone, fax
and email points of
contact
Tel:
Fax:
Email:
S. Bidding Document
Content of RFP
requiring
Points of
clarification
No Reference(s)
(sectio
n Clarification required
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number/
page)
2.2.4 Earnest Money Deposit
1. In consideration of ________________ (hereinafter called the “Government”)
represented by
________________, on the first part and M/s ____________ of ___________ (hereinafter referred to as
“Bidder”) on the Second part, having agreed to accept the Earnest Money Deposit of Rs.
________
(Rupees _________) in the form of Bank Guarantee/ FDR/ A/c payee demand draft for the
Request for Proposal for procurement of _________ we __________ (Name of the Bank),
(hereinafter referred to as the “Bank”), do hereby undertake to pay to the Government
forthwith on demand without any demur and without seeking any reasons whatsoever, an
amount not exceeding ______ (Rupees _______) and the guarantee will remain valid up to a
period of 225 days from the due date of the tender. It will, however, be open to the
Government to return the Guarantee earlier than this period to the Bidder, in case the
Bidder does not qualify for the commercial negotiations by the Commercial Negotiations
Committee (CNC) as constituted by the Government after a recommendation is made by the
CNC on the bid(s) after an evaluation.
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2. In the event of the Bidder withdrawing the tender before the completion of the
stages prior to the Commercial negotiations or during the Commercial negotiations, as the
case may be, the Guarantee deposited by the Bidder stands forfeited to the Government.
We also undertake not to revoke this guarantee during this period except with the previous
consent of the Government in writing and we further agree that our liability under the
Guarantee shall not be discharged by any variation in the term of the said tender and we
shall be deemed to have agreed to any such variation.
3. No interest shall be payable by the Government to the Bidder on the guarantee for
the period of its currency.
Dated this______________________day of ____________________ 2016
For the Bank of _______________
(Agent/Manager)
2.2.5 Bid Cover Letter
[Cover Letter]
[Date]
To,
<<Address to be added>>
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Dear Sir,
Ref: RFP for Selection of Partner Agency for Implementation of UMANG
Having examined the RFP, the receipt of which is hereby duly acknowledged, we, the
undersigned, offer to provide the professional services as required and outlined in the RFP
for the UMANG Project.
We attach hereto the technical response as required by the RFP, which constitutes our
proposal.
We confirm that the information contained in this response or any part thereof, including
its exhibits, and other documents and instruments delivered or to be delivered to NeGD is
true, accurate, verifiable and complete. This response includes all information necessary to
ensure that the statements therein do not in whole or in part mislead the department in its
short-listing process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the short listing process, we are liable to be
dismissed from the selection process or termination of the contract during the project, if
selected to do so.
We agree for unconditional acceptance of all the terms and conditions set out in the RFP
document and also agree to abide by this tender response for a period of SIX MONTHS from
the date fixed for bid opening.
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We hereby declare that in case the contract is awarded to us, we shall submit the contract
performance guarantee bond in the form prescribed in this RFP.
We agree that you are not bound to accept any tender response you may receive. We also
agree that you reserve the right in absolute sense to reject all or any of the products/
services specified in the tender response.
It is hereby confirmed that I/We are entitled to act on behalf of our company/ corporation/
firm/ organization and empowered to sign this document as well as such other documents,
which may be required in this connection.
Dated this Day of 2016
(Signature)
(In the capacity
of)
(Name)
Duly authorized to sign the Tender Response for and on behalf of:
(Name and Address of Company) Seal/Stamp of bidder
Witness Signature:
Witness Name:
Witness Address:
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CERTIFICATE AS TO AUTHORISED SIGNATORIES
I,……………………………, the Company Secretary of …….…………………,certify
tha
t
……………………………………………………………… who signed the above Bid is authorized to do so
and bind the company by authority of its board/ governing body.
Date:
Signature:
(Company Seal)
(Name)
2.2.6 Performance Bank Guarantee
[Date]
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To,
Ref: Request for Proposal (RFP): UMANG Project
Dear Sir,
Sub: PERFORMANCE BANK GUARANTEE for NeGD, Government of India
WHEREAS
M/s. (name of bidder), a company/LLP registered under the Companies Act, 1956/ LLP Act
2008, having its registered office at (address of the bidder), (hereinafter referred to as “our
constituent”, which expression, unless excluded or repugnant to the context or meaning
thereof, includes its successors and assignees), agreed to enter into a contract dated ……..
(Herein after, referred to as “Contract”) with you (NeGD) for UMANG project.
We are aware of the fact that as per the terms of the contract, M/s. (name of bidder) is
required to furnish an unconditional and irrevocable bank guarantee in your favour for an
amount INR XXX (Rupees XXX only), and guarantee the due performance by our constituent
as per the contract and do hereby agree and undertake to pay the amount due and payable
under this bank guarantee, as security against breach/ default of the said contract by our
constituent.
In consideration of the fact that our constituent is our valued customer and the fact that he
has entered into the said contract with you, we, (name and address of the bank), have
agreed to issue this Performance Bank Guarantee. Therefore, we (name and address of the
bank) hereby unconditionally and irrevocably guarantee you as under:
In the event of our constituent committing any breach/default of the said contract, and
which has not been rectified by him, we hereby agree to pay you forthwith on demand such
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sum/s not exceeding the sum of amount INR XXX (Rupees XXX only), without any demur.
Notwithstanding anything to the contrary, as contained in the said contract, we agree that
your decision as to whether our constituent has made any such default(s) / breach(es), as
aforesaid and the amount or amounts to which you are entitled by reasons thereof, subject
to the terms and conditions of the said contract, will be binding on us and we shall not be
entitled to ask you to establish your claim or claims under this Performance Bank
Guarantee, but will pay the same forthwith on your demand without any protest or demur.
This Performance Bank Guarantee shall continue and hold good till the completion of the
project, subject to the terms and conditions in the said Contract.
We bind ourselves to pay the above said amount at any point of time commencing from the
date of the said Contract until the completion of the project for the total solution as per said
Contract.
We further agree that the termination of the said agreement, for reasons solely attributable
to our constituent, virtually empowers you to demand for the payment of the above said
amount under this guarantee and we would honour the same without demur.
We hereby expressly waive all our rights to pursue legal remedies against NeGD,
We the guarantor, as primary obligor and not merely surety or guarantor of collection, do
hereby irrevocably and unconditionally give our guarantee and undertake to pay any
amount you may claim (by one or more claims) up to but not exceeding the amount
mentioned aforesaid during the period from and including the date of issue of this
guarantee through the period.
We specifically confirm that no proof of any amount due to you under the contract is
required to be provided to us in connection with any demand by you for payment under
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this guarantee other than your written demand.
Any notice by way of demand or otherwise hereunder may be sent by special courier, telex,
fax, registered post or other electronic media to our address, as aforesaid and if sent by
post, it shall be deemed to have been provided to us after the expiry of 48 hours from the
time it is posted.
If it is necessary to extend this guarantee on account of any reason whatsoever, we
undertake to extend the period of this guarantee on the request of our constituent upon
intimation to you.
This Performance Bank Guarantee shall not be affected by any change in the constitution of
our constituent nor shall it be affected by any change in our constitution or by any
amalgamation or absorption thereof or therewith or reconstruction or winding up, but will
ensure to your benefit and be available to and be enforceable by you during the period
from and including the date of issue of this guarantee through the period.
Notwithstanding anything contained hereinabove, our liability under this Performance
Guarantee is restricted to amount INR XXX (Rupees XXX only) and shall continue to exist,
subject to the terms and conditions contained herein, unless a written claim is lodged on us
on or before the aforesaid date of expiry of this guarantee.
We hereby confirm that we have the power/s to issue this Guarantee in your favour under
the Memorandum and Articles of Association/ Constitution of our bank and the
undersigned is/are the recipient of authority by express delegation of power/s and
has/have full power/s to execute this guarantee under the Power of Attorney issued by the
bank in your favour.
We further agree that the exercise of any of your rights against our constituent to enforce
or forbear to enforce or any other indulgence or facility, extended to our constituent to
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carry out the contractual obligations as per the said Contract, would not release our
liability under this guarantee and that your right against us shall remain in full force and
effect, notwithstanding any arrangement that may be entered into between you and our
constituent, during the entire currency of this guarantee.
Notwithstanding anything contained herein:
Our liability under this Performance Bank Guarantee shall not exceed
amount INR XXX (Rupees XXX only);
This Performance Bank Guarantee shall be valid only up to the completion of the project for
the Total Solution as per contract; and We are liable to pay the guaranteed amount or part
thereof under this Performance Bank Guarantee only and only if we receive a written claim
or demand on or before …. (Date) i.e. completion of the period for the proposed UMANG
project in Design, Development, Implementation, Operation and Maintenance of the
solution for <<Partner Agency’s Name>>.
Any payment made hereunder shall be free and clear of and without deduction for or on
account of taxes, levies, imports, charges, duties, fees, deductions or withholding of any
nature imposts.
This Performance Bank Guarantee must be returned to the bank upon its expiry. If the bank
does not receive the Performance Bank Guarantee within the above mentioned period, subject
to the terms and conditions contained herein, it shall be deemed to be automatically
cancelled.
This guarantee shall be governed by and construed in accordance with the Indian Laws and
we hereby submit to the exclusive jurisdiction of courts of Justice in India for the purpose
of any suit or action or other proceedings arising out of this guarantee or the subject matter
hereof brought by you may not be enforced in or by such count.
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Dated ……………………. this ……….. day …………. 2015.
Yours faithfully,
For and on behalf of the ……………
Bank,
(Signature)
Designation
(Address of the
Bank)
Note:
This guarantee will attract stamp duty as a security bond.
A duly certified copy of the requisite authority conferred on the official/s to execute the
guarantee on behalf of the bank should be annexed to this guarantee for verification and
retention thereof as documentary evidence.
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1 Annexure A – Service delivered through SSDG (State Service Delivery Gateway)
Sl
No State
Go-Live
Date
No. of Services
Operational Transactions
1 Andhra Pradesh 01-Jul-13 41 29,53,797
2 ANI 15-Aug-14 54 365
3
Arunachal
Pradesh 29-Aug-13 11
21
4 Assam 31-Mar-13 29 12,709
5 Bihar 19-Feb-14 8 2,12,079
6 Chhattisgarh 01-Oct-13 17 2,14,864
7 Goa 08-Jul-11 50 83,322
8
Himachal
Pradesh 01-May-12 25
1,719
9
Jammu &
Kashmir 28-Aug-12 7
24,408
10 Kerala 05-Jun-14 6 200
11 Madhya Pradesh 18-Sep-13 40 519
12 Manipur 26-Jan-12 40 1,905
13 Meghalaya 03-May-12 4 0
14 Mizoram 15-Mar-13 21 306
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15 Nagaland 30-Mar-12 25 47,22,425
16 Puducherry 11-Feb-13 37 544
17 Punjab 03-Dec-14 26 460
18 Rajasthan 26-Sep-13 65 5,32,669
19 Sikkim 18-Mar-13 21 19,594
20 Tamil Nadu 29-Sep-13 10 86,36,253
21 Tripura 01-Mar-14 12 195
22 Uttar Pradesh 01-Aug-12 26 2,93,06,625
23 West Bengal 17-Dec-14 5 4,007
580 4,67,28,986
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2 Annexure B – Indicative List of PAN India Services
(Corresponding transactions 1st Jan, 2015 to 3rd Nov, 2015)
State Application Service Transaction
s
Telangana Telangana eSeva Loans For Unemployment In
Villages(Krushe) 510897655
Telangana Telangana eSeva Payments Link To
Aadhar(Disbursement) 303348319
Kerala M-Governance- eSMS Mobile Governance Services
by KSITM 285765901
Telangana Telangana eSeva Weekly Payments 197843934
Gujarat gujarat PDS Food Coupons Issued. 139594648
Madhya
Pradesh
Samagra - Food
Security Act
Allotment of Food Grains to
FPS/PDS Shops 93497965
Andhra Pradesh eSeva SMS Services to citizens 68822820
Uttar Pradesh UP eServices VAT UP Sales Transactions 68272516
Kerala KVATIS e-Sales Invoices 60521093
Gujarat gujarat PDS Food Coupons Received 51681279
Kerala KVATIS e-Purchase Invoices 48165969
Gujarat gujarat PDS eFPS Bill Receipts 43416134
Uttar Pradesh UP eServices VAT Purchase Transaction 38728200
Uttar Pradesh UP eServices Digitizatiion of existing
ration cards. 38462297
Gujarat gujarat Gujarat Urja Vikas Nigam
Limited Bill collection 37869547
Uttar Pradesh UP eServices Ration Card printing Service 37443468
Uttar Pradesh e-services Bill Print for house tax, 36239173
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water tax, sewage tax,
garbage tax
Andhra Pradesh eSeva AWFP-INSURANCE 35501372
Tamil Nadu Tamil Nadu Health
System Project
TNHMIS - Patient
Registration 35195038
Gujarat gujarat Land Records - Total ROR
Printed @e-Dhara 34070244
Andhra Pradesh eSeva VAT/TOT Collection 33546748
Madhya
Pradesh MP Cooperative Banks No. of Deposit 33166081
Tamil Nadu
Directorate of
Government
Examination
Online SSLC Result Viewed 25459754
Gujarat gujarat Land Records - Total ROR
Printed @e-Gram (CSC) 24560612
Andhra Pradesh eSeva AWFP-SALARIES 23935607
Tamil Nadu
Directorate of
Government
Examination
Online HSC Result Viewed 23868840
West Bengal Land Records WB Plot Information 21879438
Chhattisgarh
Chhattisgarh State
Power Distribution
Company Ltd.
SMS Service for e-Sampark 21778760
Madhya
Pradesh Shiksha
Samagra - Shiksha Integrated
Scholarships Applications 21673772
Himachal
Pradesh NIC HP Projects
Declaration of Goods for all
type of business purposes 21417523
Telangana Telangana eSeva Nregs Masters 20827793
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Tamil Nadu Tamil Nadu Health
System Project TNHMIS Clinical OP 19704089
Andhra Pradesh eSeva
Social Security Pension
payment ot beneficiary
through Banking
Correspondent using
biometrics
19508385
Andhra Pradesh MeeSeva SALES TAX
REIMBURSEMENT 19401794
Madhya
Pradesh Shiksha
Samagra - Shiksha School
Admissions 18394441
Madhya
Pradesh MP Cooperative Banks No. of Withdrawal 18225140
Gujarat Election Gujarat Search Elector's Name in
Electoral Roll 17248702
Tamil Nadu Tamil Nadu Health
System Project TNHMIS Pharmacy 16614710
Gujarat gujarat PDS SMS Alerts 16427855
Kerala Treasury Department Number of Payment and
Receipts Transactions 16296098
Andhra Pradesh MeeSeva Current Adangal / Pahani 14832700
Uttar Pradesh e-District U.P. Online Status tracking 14807208
Maharashtra Mahabhulekh Project Land Record 14693329
Tamil Nadu Higher Education Engineering Students Corner 14454035
Tamil Nadu TANGEDCO TANGEDCO Online Payment
Portal 13442910
Andhra Pradesh MeeSeva PRINT RATION CARD 13079037
Uttar Pradesh UP eServices Issuing of Transit Pass 11656841
Madhya C-SFMS Cyber Treasury (e-challan) 11322615
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Pradesh
Gujarat gujarat Land Records: ROR on
Internet 11222254
Telangana Telangana eSeva Commerical Tax Return 11127335
Gujarat gujarat e-Royalty Pass 11090967
Uttar Pradesh UP eServices SMS ALERT TO PROMINENT
PERSON OF VILLAGE 10653954
Madhya
Pradesh Shiksha
Samagra - Shiksha Integrated
Scholarship Disbursed 10434559
Tamil Nadu Tamil Nadu Health
System Project TNHMIS Lab Services 10376185
Odisha Steel and Mines
Department eTransitPass 10243122
Rajasthan Rajasthan Land Records RoR 9391007
Kerala Kerala Tourism
Website
Kerala Tourism Online
Information Download by
Public
9196211
Uttar Pradesh UP eServices PDS beneficiary Enquiry 8972655
Uttar Pradesh e-services Birth Registeration Service 8925799
Uttar Pradesh UP eServices ROR 8702229
Madhya
Pradesh MP-eDistrict New Issuance of Caste certificate 8520960
Telangana Telangana eSeva Electricity Bill Payments-
CPDCL 8435524
Chhattisgarh CORE PDS Public Distribution System 8329574
Uttar Pradesh UP eServices Khatauni ki Nakal 8166602
West Bengal Land Records WB Khatian (ROR) View 8141582
Madhya
Pradesh Social Security Samagra-IGNOAP 8106713
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Uttar Pradesh UP eServices Dealer Assessment 7367962
Uttar Pradesh UP eServices Voter Registration 7319563
Karnataka KarnatakaServices Others 7257750
Kerala Civil Supplies 2 Online Ration card Renewal 7198941
Maharashtra MahaOnline Limited Maharshtra SMS Service 6915877
Delhi e-Stamping e-Stamping 6910049
Madhya
Pradesh
Computerization of
MP Commercial Tax Push SMS Services 6714792
Kerala Treasury Department Number of Pension Payment
Transactions in Treasury 6667732
Kerala KPSC
Total number of online
applications received per
day for various notified posts
6618162
Gujarat gujarat District Courts-Case Status
Viewed 6180443
Andhra Pradesh MeeSeva Income Certificate 6018090
Madhya
Pradesh Land Records Mutations at Tehsil 5879178
Tamil Nadu eServices of
Commercial Taxes OnlineReturns 5641613
Uttar Pradesh SSDG & e-Forms Digital Wallet SSDG-eforms 5325409
Gujarat Election Gujarat Form-8 - Correction of
entries in the Electoral Rolls 5234445
Maharashtra MahaOnline Limited EPRI 5215423
Uttar Pradesh e-District U.P. Domicile Certificate 5129516
Tamil Nadu ePension Tamil Nadu State Pension 5105659
Madhya
Pradesh Social Security
Social Security Pension
Scheme 5047890
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Tamil Nadu Tamil Nadu Land
Records Chitta Extract 4961405
Gujarat gujarat SMS on e-Jamin – Land
Mutation 4884719
Gujarat GUJARAT HIGH
COURT Case Status Accessed 4873516
Karnataka KarnatakaServices Caste Certificate 4801638
Odisha ROR RoR View 4739464
Kerala KPSC
Number of PSC Exam Hall
Ticket Downloads by
candidates
4738302
Haryana Haryana Project Cyber Treasury Reciept 4686906
Uttar Pradesh e-Suvidha MVVNL Electricity Bill
Payment 4679000
Uttar Pradesh e-District U.P. Income Certificate 4597922
Haryana Haryana Project Social Welfare Payments 4553770
Uttar Pradesh e-District U.P. SMS Alert for edistrict
Services 4214605
Kerala Aadhaar Kerala State Resident Data
Hub Lookup Service 4206397
Uttar Pradesh e-District U.P. Caste Certificate 4168754
Andhra Pradesh eSeva Meeseva Additional Copies 4116570
Kerala Sevana - IKM Birth Certificates issued 3863814
Delhi BRPL POWER
DISTRIBUTION Online Bill Payment - BRPL 3687663
Tamil Nadu Tamil Nadu Health
System Project TNHMIS NCD Screening 3675194
Kerala Kerala Results
Publishing
Higher Secondary Results
Page Views 3625913
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West Bengal Com tax Dematerialised Waybill for
Registered Dealers 3589391
Madhya
Pradesh Social Security
Indra Gandhi National
Widow Pension Scheme 3524269
Uttarakhand
eSPAN - Social
Security Pension
Application of NIC
Old Age / Widow / Disability
Pensions 3497663
Gujarat gujarat OJAS Applications 3483190
Tamil Nadu EMPOWER Employmnet Portal 3422691
Andhra Pradesh eSeva AWFP-NON HRMS-SALARIES 3417271
West Bengal Excise Department Other e-Services 3365121
Uttar Pradesh UP eServices eForms 3329750
Gujarat gujarat SMS intimation on OJAS 3228154
Madhya
Pradesh
Board of Secondary
Education M.P.
Online Result Display of
Class 10th and 12th Main
Exam.
3168490
Uttar Pradesh UP eServices Vat Return Filling 3118640
Andhra Pradesh eSeva Meeseva Courier Charges 3025167
Kerala Transport Services Driving License 2995906
Andhra Pradesh eSeva Vehicle Fitness Certificate
issue 2974434
Kerala Sevana - IKM NSAP welfare pensions made
online 2958996
Gujarat gujarat e-Delivery Pass 2905339
West Bengal Land Records WB Plot Map view 2789866
Tamil Nadu Tamil Nadu Project Income Certificate 2788103
Kerala KVATIS
Transaction Slip - for
Sending Goods Through
Parcel/ Courier
2755142
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Madhya
Pradesh
Food Civil Supplies
Consumer Protection MPeUparjan SMS to Farmers 2738068
Gujarat gujarat OJAS Call Letters
Downloaded 2694690
Delhi
Delhi Jal Board
Revenue Management
System
Count of Bills Viewed online 2666626
Kerala KVATIS e-Declaration 2624225
Kerala IDEAS
Total Emails of Government
Orders sent to subscribed
public
2616178
Andhra Pradesh eSeva Vehicle Tax 2613339
Uttar Pradesh UP eServices Samajwadi Pension 2603565
Uttar Pradesh UP eServices Postmatric Scholarship to
View Application Status 2596525
Kerala Election Department
e-Services Online Voter Registration 2577270
Karnataka KarnatakaServices Renewal of Ration Card 2425771
Uttar Pradesh e-District U.P. Digital Wallet of the
certiifcates 2401981
Kerala Transport Services Certificate of Vehicle
Registration 2165677
Madhya
Pradesh e-Cooperatives
Society Registration and
Information 2163326
Karnataka KarnatakaServices Income Certificate 2152014
Gujarat gujarat District Courts-Cause List
Viewed 2150304
Gujarat GUJARAT HIGH
COURT Orders/Judgments 2148455
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Kerala Aadhaar Aadhaar Authentication
Service by KSITM 2147967
Kerala eDistrict Utility
Payments
Electricity Bill Payments
(eDistrict) 2141606
Kerala eDistrict, Kerala Income Certificate 2135464
Delhi DELHI VALUE ADDED
TAX Filing of VAT Return 2092772
Karnataka KarnatakaServices
Commercial Tax(All
Registration(VAT/CST/PT/E
T/LT)/No Due/C,E1,E2,F,H
Forms)
2091872
Rajasthan Rajasthan Birth Registration 2084419
Tamil Nadu Tamil Nadu Health
System Project TNHMIS Specialty OP 2021346
Gujarat gujarat GUJARAT GAS LIMITED 1997309
Madhya
Pradesh MP-eDistrict New
Providing copies of current
Khasra/B1-Khatauni 1960086
Tamil Nadu eServices of
Commercial Taxes OnlineForms 1937622
Uttar Pradesh SSDG & e-Forms Domicile Certificate 1873043
Uttar Pradesh UP eServices Old Age Pension 1843462
Madhya
Pradesh
Computerization of
MP Commercial Tax Form 49 for incoming goods 1838685
Uttarakhand
Commercial tax
Department
Uttarakhand
Forms Issued 1825259
Tamil Nadu Tamil Nadu Project Community Certificate 1802845
Delhi DELHI VALUE ADDED
TAX Payment of VAT and CST 1767669
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Delhi BYPL POWER
DISTRIBUTION Online Bill Payment - BYPL 1728289
Kerala Sevana - IKM Online Property tax
Assessments done by citizen 1710391
Gujarat GSRTC OTRS Online Ticket Reservation
System 1700614
Gujarat Election Gujarat Form-6 -Inclusion of names
for Residents electors 1700428
Madhya
Pradesh
Samagra - Food
Security Act
Identification of Residents
for benefit under Annapurna
Scheme
1681675
Telangana Telangana eSeva Electricity Bill Payments-
NPDCL 1665032
Himachal
Pradesh NIC HP Projects
Statutary form request and
cancellation under central
excise act
1663458
Uttar Pradesh e-services Death Registeration Service 1661875
Kerala eDistrict, Kerala Possession Certificate 1660312
Kerala KVATIS Delivery Note - Form 15 1655798
West Bengal Registration West
Bengal Market Value of Property 1642982
Telangana Telangana eSeva Aasara Pensions 1638467
Madhya
Pradesh
Computerization of
MP Commercial Tax E-Return Filing by dealers 1595799
Himachal
Pradesh
Computerization of
VAT in Himachal
Pradesh
E-Declaration 1572437
Madhya
Pradesh MP Transport Paper Documents Issued 1565412
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Karnataka KarnatakaServices Registration of
land/property 1557162
Uttar Pradesh UP eServices PRERNA 1552932
Uttar Pradesh UP eServices Centralized Treasury System
E-payment 1517740
Kerala Transport Services Vehicle Tax Tokens 1515022
Kerala University of Calicut Calicut University Online Fee
Remittance 1511345
Uttar Pradesh UP eServices House Tax 1486124
Madhya
Pradesh
Food Civil Supplies
Consumer Protection
MPeUparjan Procurement
from Farmers 1482193
Uttar Pradesh SSDG & e-Forms Caste Certificate 1480821
Tamil Nadu Tamil Nadu Project Nativity Certificate 1462447
Uttar Pradesh SSDG & e-Forms SMS alert in SSDG-eforms 1445385
Gujarat gujarat Statutory and Non Statutory
Services 1442690
Uttar Pradesh SSDG & e-Forms Status Tracking 1412597
Himachal
Pradesh NIC HP Projects Treasury Payments 1407268
Madhya
Pradesh
Computerization of
MP Commercial Tax Online download of Form 59 1403415
Andhra Pradesh MeeSeva Encumbrance Certificate 1401622
Delhi
Delhi Jal Board
Revenue Management
System
Payment at DJB Counters 1400194
Andhra Pradesh eSeva Traffic Challan
Payment(HYD) 1384578
Madhya
Pradesh Land Records ROR Distribution from Tehsil 1353229
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Uttar Pradesh SSDG & e-Forms Income Certificate 1316798
Kerala Ration Card Services Ration Card Verification
Service 1314191
Andhra Pradesh MeeSeva Residence Certificate -
General 1296659
Uttar Pradesh UP eServices Widow Pension 1288469
Uttar Pradesh UP eServices
Postmatric Scholarship and
Fee Reimbursement
Application Entry
1270908
Gujarat Surat Municipal
Corporation Property Tax Receipts - SMC 1269848
Karnataka KarnatakaServices Pre-Metric Scholarship 1246330
West Bengal e-District West Bengal Applications Received 1244826
Kerala Kerala Results
Publishing SSLC/THSLC Results views 1187766
Andhra Pradesh eSeva
Post Graduate Engineering
Common Admissions Gate-
2013
1185043
Madhya
Pradesh MP Cooperative Banks No. of A/c Opened 1179106
Gujarat gujarat Online Cr Temp.(RTO) 1167737
Himachal
Pradesh NIC HP Projects
Filling of returns under all
ACT of Excise and Taxation
Department HP.
1153722
Uttarakhand
Commercial tax
Department
Uttarakhand
e-TripSheet 1141823
Gujarat Election Gujarat Form-7 - Any Objection on
inclusion of names 1138994
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Andhra Pradesh MeeSeva Birth Certificate - CDMA 1112816
Chhattisgarh PDS - Online PDS Truck Dispatch
Information through SMS 1111237
West Bengal Land Records WB RS - LR Plot Information 1098661
Andhra Pradesh MeeSeva
Mutation of Entries in
Revenue Records Pattadhar
passbook
1075336
Gujarat gujarat SMS - NAIS Intimation to
Farmer 1067462
Andhra Pradesh MeeSeva Know & Seed Your Aadhaar 1058452
Telangana Telangana eSeva Collection of Water Charges 1039172
Gujarat gujarat Land Records - Total
Mutation Initiated 1036118
Andhra Pradesh eSeva Temporary Permit Fee
Payment 1017814
Chhattisgarh
Chhattisgarh State
Power Distribution
Company Ltd.
Online Payment Through
Authorised Agents 1014409
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3 Annexure C – Transaction Estimates
Transaction Estimates based on GoK (Mobile One)
KARNATAKA INDIA User Base Multiplier (M)
Mobile Subscriber Base (as on 31st March 2015) 54786346 893314473 16.31
Total Services 121 As per table below (User Base Multiplier = Subscriber Base Pan India/
Subscriber Base of Karnataka) Transactions Per Month Per Service/Qtr Mutliplier Used Per Service/Qtr
SMS 100000 2479
12
29752
USSD 0 0 0
IVRS 700000 17355 208264
GPRS 591546 14666 175997
Payment 10000 248 2975
Total 1401546 34749 416989
Assumptions
No. of Services per Application 6
Year 1 Year 2 Year 3
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Total
No. of new Application Enablements 5 10 15 20 15 20 20 15 20 20 20 20
Cummulative Applications Enabled 5 15 30 50 65 85 105 120 140 160 180 200
Services Delivered 0 30 90 180 300 390 510 630 720 840 960 1080 1200
SMS 0 892562 2677686 5355372 8925620 11603306 15173554 18743802 21421488 24991736 28561983 32132231 170479339
USSD 0 0 0 0 0 0 0 0 0 0 0 0 0
IVRS 0 6247934 18743802 37487603 62479339 81223140 106214876 131206612 149950413 174942149 199933884 224925620 1193355372
GPRS 0 5279915 15839744 31679488 52799147 68638891 89758550 110878209 126717953 147837612 168957271 190076930 1008463710
Payment 0 0 0 0 892562 1160331 1517355 1874380 2142149 2499174 2856198 3213223 16155372
Total Transactions 0 12420411 37261232 74522463 125096668 162625668 212664335 262703002 300232003 350270670 400309337 450348004 2388453792
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Published by:
National e–Governance Division 4th Floor, Electronics Niketan 6 CGO Complex, Lodhi Road New Delhi 110003
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