annexure 1: corrigendum/ addendum (no. 1) · 2018. 9. 18. · annexure 1: corrigendum/ addendum...

Annexure 1: Corrigendum/ Addendum (No. 1)

This is in reference to the advertisement (Ref.: Plng/2018/IF-152/202) dated 22nd Jan 2018, Regarding “RFP for Selection of System Integrator for the Design,

Development, Implementation and Maintenance of ERP Solution for GNIDA” published by Greater Noida Industrial Development Authority, may be read with

following modifications:

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Clause in the RFP Corrigendum/ Addendum

RFP Volume - I

1. 4.3 (d) The proposed system should have the capability to work in online as well as offline mode.

4.3 (d) The proposed system should have the capability to work in online mode.

2. 5.21 (a) At the end of the contract period, the SI will be required to provide necessary handholding and transition support for a period of six (6) months, to the GNIDA staff or any other agency that is selected for maintaining the system, post contract with the SI. The handholding support will include but not be limited to, conducting detailed walkthrough and demonstrations for the IT Infrastructure, handing over all relevant documentation, addressing the queries/ clarifications of the GNIDA/ new agency with respect to the working/ performance levels of the infrastructure, conducting training sessions etc.

5.21 (a) Towards the end of the contract period, the SI will be required to provide necessary handholding and transition support for a period of six (6) months (starting from 55th month to 60th month of the contract period), to the GNIDA staff or any other agency that is selected for maintaining the system, post contract with the SI. The handholding support will include but not be limited to, conducting detailed walkthrough and demonstrations for the IT Infrastructure, handing over all relevant documentation, addressing the queries/ clarifications of the GNIDA/ new agency with respect to the working/ performance levels of the infrastructure, conducting training sessions etc.

3. 6.3 (c) Payment of 2% of (total project value) the equated quarterly payment is linked to the compliance with the SLA metrics.

6.3 (c) Payment of each quarterly installment of 2.5% of the total project value (50% of O&M Cost equally divided among 20 quarters) during the Operations & Maintenance Phase is linked to the compliance with the SLA metrics.

4. 4.17 (i) The Database should support all leading Enterprise Management Systems featuring in the Gartner Magic Quadrant Reports.

4.17 (i) The Database should support - all leading Enterprise Management Systems featured in the Gartner Magic Quadrant Reports.

5. 4.17 (g) Database should be an enterprise class database with at least EAL Security Certification that ensures adequate assurance from positive security engineering.

4.17 (g) Database should be an enterprise class database with at least EAL Security Certification that ensures adequate assurance from positive security engineering - This clause stands deleted from the RFP document.

6. 5.13 (a) 5.13 (a)

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The SI shall warrant that the infrastructure supplied to GNIDA for this Project shall have no defects arising from design or workmanship or any act or omission of the SI. The warranty shall remain valid for the Contract period on all the items supplied as per the Contract.

The SI shall undertake that the infrastructure supplied to GNIDA for this Project shall have no defects arising from design or workmanship or any act or omission of the SI. The warranty shall remain valid for the Contract period on all the items supplied as per the Contract.

7. 5.14 (h) SI shall transfer the ownership of the ERP application and web portal along with the source code i.e. code of all bespoke modules or sub-modules developed/ customized/ configured/ procured. All the licenses and support related documents should be in the name of Greater Noida Industrial Development Authority.

5.14 (h) SI shall transfer the ownership of the ERP application and web portal along with the source code i.e. source code of all bespoke development and modules, sub-modules developed/ customized/ configured exclusively for GNIDA. All the licenses and support related documents should be in the name of Greater Noida Industrial Development Authority.

8. 5.14 (k) Post completion of the 5 years of AMC period, GNIDA in its own discretion, may extend the maintenance contract for, one year at a time.

5.14 (k) Post completion of the 5 years of AMC period, GNIDA in its own discretion, may extend the maintenance contract for, one year at a time on the terms and conditions mutually decided by both the parties.

9. 6.10 In the event of termination of contract on the basis of non-performance by the SI as per SLA, SI will be solely responsible for risk and cost factor thereon. In such an event, the performance Bank Guarantee furnished by the SI will be encashed and will stand forfeited.

6.10 In the event of termination of contract on the basis of non-performance by the SI as per SLA, SI will be solely responsible for risk and cost factor thereon which will be capped to 10% of the difference between the charges that would have been payable to SI for the affected services and the additional cost incurred. In such an event, the performance Bank Guarantee furnished by the SI will be encashed and will stand forfeited.

10. This clause stands added in the RFP 5.14 (m) The team deployed by SI during O&M phase shall mark their daily attendance at GNIDA which shall be supervised by the departmental heads of GNIDA. GNIDA may impose a penalty as deemed fit and reasonable if the attendance of the deployed team is not as per the terms and conditions of the RFP.

11. 5.14.3 (ii) ii. The Business Operation Support staff should have a varied combination of educational background like Engineers, Architects, Accountants/ Finance etc. to cover diverse business needs of GNIDA.

5.14.3 (ii) ii. The Business Operation Support staff should have a varied combination of educational background like Engineers, Architects, Accountants/ Finance etc. to cover diverse business needs of different Departments at GNIDA.

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a. The Business Operation Support staff connected to a Department should have appropriate professional/educational experience in line with the Department’s functional requirements. e.g. the Business Operation Support staff assigned to Planning Department should have experience in Architecture/Planning and be well versed with functional requirements of the department such as Building Plan Approval, Formulation of Master Plan, Sector Layout Planning etc.

b. Each Department to be assigned both junior and senior resources (Business Operations Support Staff) depending on their requirements. Each junior resource should be a graduate and have a minimum experience of 3 years of working in the relevant area. Each senior resource should be a post graduate and have a minimum experience of 5 years of working in the relevant area.

c. In addition, Business Operation Support Staff shall include three Track Leads to support three key Departments of GNIDA i.e. Land, Planning & Project with minimum experience of 8 years of working in the relevant area.

12. Annexure 1: Department-wise User Details and Business Operation Support Staff & Training Requirement Sheet

# Department

Total

Users

No. of Users

(Contractual)

No of Users

(Regular)*

Modules Support Staff

needed

Training

Sessions

1. Common

88 49 (drivers, 2 ACEO Camp, IGRS, CEO Camp, Chairman

39 (21 drivers, 5 ACEO Camp, 1 IGRS, 4 CEO Camp,

Grievance Redressal

18 (including 7 technical staff, 3 helpdesk staff

5

Tender management

Contract management

Policy formulation

Annexure 1: Department-wise User Details and Tentative Business Operation Support Staff Requirement & Training Requirement Sheet

# Department

Total

Users

No. of Users

(Contractual)

No of Users

(Regular)*

Modules Business Operation Support

Staff needed

Training Sessions

1. , Common 88 49 (drivers, 2 ACEO Camp, IGRS,

39 (21 drivers, 5 ACEO Camp, 1

Grievance Redressal

14: Junior Resources 4: Senior

Resources

5

Tender management

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Camp, OSD Camp, 1 Board meeting)

3 Chairman Camp, 4 OSD Camp)

Meetings & Room booking

and 8 facilitation centre staff)

Vendor Management

Customer helpdesk (including Visitor Management)

2. Planning

52 27 25 Annual & Quarterly Action Plans

5 5

Master Plan

Sector Layout Planning

Registration of Architects

Building Plan Approval

Issuance of Occupancy Certificate

Land acquisition

Special Project Development & Management

Building design and landscaping

CEO Camp, Chairman Camp, OSD Camp, 1 Board meeting)

IGRS, 4 CEO Camp, 3 Chairman Camp, 4 OSD Camp)

Contract management

Policy formulation

Meetings & Room booking

Vendor Management

Customer helpdesk (including Visitor Management)

2. Planning 52 27 25 Annual & Quarterly Action Plans

4: Junior Resources 1: Senior Resource

(Track Lead Planning)

5

Master Plan

Sector Layout Planning

Registration of Architects

Building Plan Approval

Issuance of Occupancy Certificate

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3. Land 23 16 7 Land acquisition

2 3

4. Project

78 22 56 Project Development & Management

4 3

Topographical survey and verification of land

5. All Property verticals (including IT, commercial, 6% abadi etc.)

99 33 66 (38, 9, 3, 8, 5, 2, 2)

Land allotment scheme formulation and processing

6 6

6. Urban Services

4 Same as project

4 Water and sewer connections

4 3

Housekeeping/ Maintenance

7. Health 17 15 2 Solid Waste Management

2 2

Maintenance of population statistics

Land acquisition

Special Project Development & Management

Building design and landscaping

3. Land 23 16 7 Land acquisition

1: Junior Resource 1: Senior Resource

(Track Lead Land)

3

4. Project 78 22 56 Project Development & Management


(Track Lead Project)

3

Topographical survey and verification of land

5. All Property verticals (including IT, commerc

99 33 66 (38, 9, 3, 8, 5, 2, 2)

Land allotment scheme formulation and processing


6

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8. Horticulture

12 3 9 Horticultural layout plans

2 2

Horticulture Project Development & Management

9. Finance

31 9 22 Processing, disbursement and record maintenance of payments, i.e. to external stakeholders

2 3

Payroll Processing (monthly)

Quarterly/Annual accounting (Processing of P&L, Balance Sheet, Certified Financial Statements, Fund Flow statement, MIS reports etc.)

Annual Budget

ial, 6% abadi etc.)

6. Urban Services

4 Same as project

4 Water and sewer connections


3

Housekeeping/ Maintenance

7. Health 17 15 2 Solid Waste Management


2

Maintenance of population statistics

8. Horticulture

12 3 9 Horticultural layout plans


2

Horticulture Project Development & Management

9. Finance 31 9 22 Processing, disbursement and record maintenance of payments, i.e. to external stakeholders


3

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10. HR 12 4 8 Personnel functions

2 2

Cadre development

11. System

14 11 3 Software development

2 2

Issuance of hardware

Maintenance, upgradation and replacement of hardware & software

Creating and managing data back-up

Renewal of network licenses (firewall, mail security, anti-spam, anti-virus, proxy, backup software)

12. Assets 10 5 - Purchase of consumables and fixed assets

2 2

Record maintenance

Payroll Processing (monthly)

Quarterly/Annual accounting (Processing of P&L, Balance Sheet, Certified Financial Statements, Fund Flow statement, MIS reports etc.)

Annual Budget

10. HR 12 4 8 Personnel functions


2

Cadre development

11. System 14 11 3 Software development


2

Issuance of hardware

Maintenance, upgradation and replacement

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w.r.t. store and fixed assets

13. Law 16 8 8 Legal case management

2

2

14. RTI Cell

4 2 2 RTI application management

2

15. Marketing

- - 9 (CR Cell)

- 2 2

Total 464 204 260 55 44

of hardware & software

Creating and managing data back-up

Renewal of network licenses (firewall, mail security, anti-spam, anti-virus, proxy, backup software)

12. Assets 10 5 - Purchase of consumables and fixed assets


2

Record maintenance w.r.t. store and fixed assets

13. Law 16 8 8 Legal case management


2

14. RTI Cell 4 2 2 RTI application management

2

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15. Marketing

- - 9 (CR Cell)

- 1: Junior Resource 1: Senior Resource

2

Total 464 204 260 55 44

RFP Volume – II

13. 2.2.1 A non-refundable Bid Fee of INR 20,000/- (INR Twenty Thousand only) through RTGS in prescribed bank account of “Greater Noida Industrial Development Authority” (GNIDA).

2.2.1 A non-refundable Bid Fee of INR 20,000/- (INR Twenty Thousand only) through RTGS in prescribed bank account of “Greater Noida Industrial Development Authority” (GNIDA) or Demand Draft (DD)/ Bankers Cheque in favour of Greater Noida Industrial Development Authority (GNIDA).

14. 2.11.1 The bidder shall furnish, as part of its bid, an Earnest Money Deposit (EMD)/ Bid Security of INR 50,00,000/- (INR Fifty Lakh only) through RTGS in prescribed bank account of Greater Noida Industrial Development Authority (GNIDA). No bidder is exempted from furnishing the said EMD.”

2.11.1 The bidder shall furnish, as part of its bid, an Earnest Money Deposit (EMD)/ Bid Security of INR 50,00,000/- (INR Fifty Lakh only) through RTGS in prescribed bank account of “Greater Noida Industrial Development Authority (GNIDA)” or Demand Draft (DD)/ Bankers Cheque in favour of Greater Noida Industrial Development Authority (GNIDA). No bidder is exempted from furnishing the said EMD.

15. 2.11.4 The EMD shall be forfeited in the following cases:

a) Any information submitted by the bidder is found to be incorrect. b) If bid is withdrawn during the validity period or any extension agreed by

GNIDA and bidder thereof. c) If the bid is modified in a manner not acceptable to GNIDA after opening of

the bid. d) If the bidder tries to influence the evaluation process. e) If the successful bidder fails to sign the contract in accordance with clause

4.2 “Notification of award”.

2.11.4 The EMD shall be forfeited in the following cases:

a) Any information submitted by the bidder is found to be incorrect/ forged. b) If bid is withdrawn during the validity period or any extension agreed by

GNIDA and bidder thereof. c) If the bid is modified in a manner not acceptable to GNIDA after opening of

the bid. d) If the bidder tries to influence the evaluation process. e) If the successful bidder fails to sign the contract in accordance with clause 4.2

“Notification of award”.

16. 2.15.4

The Financial Proposal should clearly identify as separate amounts, the local, duties, fees, levies, and other charges to be incurred under the applicable law. The final quoted prices shall be inclusive of statutory taxes, duties, cess and other levies.

2.15.4

The Financial Proposal should include all duties, fees, levies, and other charges except for GST. GST will be paid extra at the rate applicable on the date of invoicing.

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17. 2.15.6 The prices/rates quoted by the bidder shall remain firm (fixed) during the entire Contract Period and shall not be subject to any variation on any account except in case of statutory taxes, duties and levies. A bid submitted with a variable price quotation will be treated as non-responsive and hence shall be liable to be rejected.

2.15.6 The prices/rates quoted by the bidder shall remain firm (fixed) during the entire Contract Period and shall not be subject to any variation on any account. A bid submitted with variable price quotation will be treated as non-responsive and hence shall be liable to be rejected.

18. 2.22.4 Misrepresentation and/or improper response by any bidder may lead to disqualification of the bidder. If any such disqualifications are detected at any stage of bidding process/ implementation, such bidder will be blacklisted.

2.22.4 Misrepresentation and/or improper response by any bidder may lead to disqualification of the bidder and forfeit of EMD.

19. 2.27.4 Statutory variation in all statutory taxes, duties, cess and levies in India during the contractual period shall be to SI’s account.

2.27.4 Statutory variation in all statutory taxes, duties, cess and levies in India during the contractual period shall be to SI’s account except GST which will be paid extra by GNIDA at the rate applicable on the date of invoicing.

20. 2.30 Assignment/ Sub Contract Successful bidder shall not assign the project to any other agency, in whole or in part, to perform its obligation under the contract, without GNIDA’s prior written consent. Any sub-contracting request shall be addressed to GNIDA for prior permission.

2.30 Assignment/ Sub Contract 1. In order to bring in Industry competencies, SI shall be allowed to sub-contract

some of the key obligations to the reputed sub-contractors. The key areas where sub-contracting shall be allowed are:

a) Infrastructure: ERP solution and web portal hosting services at cloud platform on "PaaS Model" (including both DC & DR)

b) Data Digitization: Any data digitization related activity shall be allowed to be sub-contracted.

2. Bidders shall, in their technical bids, clearly mention areas where sub-contracting is planned.

3. In case SI wants to hire sub-contractor for any of the above services, Bidder/ SI shall share all the important details and credentials of the sub-contractors and take prior written approval from GNIDA before signing the contract with the sub-contractor.

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4. GNIDA reserves the right to ask the SI for the replacement of the sub-

contractor or any of its resources deployed onsite due to non-performance/ misconduct or any other reason GNIDA deemed fit to do so.

21. 3.6.2 Financial bid evaluation will be done on total prices all-inclusive of taxes, duties, cess and levies.

3.6.2 Financial bid evaluation will be done on total prices all-inclusive of taxes, duties, cess and levies, except GST which will be paid extra by GNIDA at the rate applicable on the date of invoicing.

22. 4.4 The contract period shall be 5 years from the date of Go-Live. After the end of the contract period, GNIDA reserves the right to either continue with the existing bidder with either same or revised terms and conditions as mutually agreed by both parties or sign a contract with other agency.

4.4 The contract period shall be 5 years from the date of Go-Live. After the end of the contract period, GNIDA reserves the right to continue with the existing bidder on the Terms & Conditions mutually decided by both the Parties or go for a new RFP for engaging new agency.

23. 4.5.4 Before invoking the PBG, the vendor will be given an opportunity to represent before GNIDA. The decision of GNIDA on the representation given by the vendor shall be final and binding. If circumstances so warrant, the matter may be referred to an arbitrator to be appointed by GNIDA with mutual consent.

4.5.4 Before invoking the PBG, the vendor will be given an opportunity to represent before GNIDA. The decision of GNIDA on the representation given by the vendor shall be final and binding. If circumstances so warrant, the matter shall be governed by the “Arbitration and Legal Jurisdiction” clause of this RFP.

24. 5.5 Suspension GNIDA may, by written notice to bidder, suspend all payments to the bidder hereunder if the bidder fails to perform any of its obligations under this contract

5.5 Suspension GNIDA may, by written notice to bidder, suspend all payments under dispute to the bidder hereunder if the bidder fails to perform any of its obligations under this

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including the carrying out of the services, provided that such notice of suspension- a) Shall specify the nature of failure. b) Shall request the bidder to remedy such failure within a period not

exceeding thirty (30) days after receipt by the bidder of such notice of failure.

contract including the carrying out of the services, provided that such notice of suspension- a) Shall specify the nature of failure. b) Shall request the bidder to remedy such failure within a period not exceeding

thirty (30) days after receipt by the bidder of such notice of failure.

25. 5.8.2 The decision of GNIDA regarding forfeiture of PBG shall be final and not be called upon question under any circumstances. A default in such a case may involve blacklisting of the bidder.

5.8.2 The decision of GNIDA regarding forfeiture of PBG shall be final and in case of any dispute this will be governed by the “Arbitration and Legal Jurisdiction” clause (Volume-III, Section 23) of this RFP.

26. 5.11 GNIDA reserves the right to extend the contract / portion of the contract with either same or revised terms and conditions as mutually agreed by both parties or by accounting for rupee depreciation on present contract value. The extension of the contract will be based on the performance of the bidder during the contract period which will be reviewed by GNIDA on yearly basis.

5.11 GNIDA reserves the right to extend the contract/ portion of the contract with the Terms & Conditions mutually agreed by both the parties or by accounting for rupee depreciation on present contract value. The extension of the contract will be based on the performance of the bidder during the contract period which will be reviewed by GNIDA on yearly basis.

27. 6. Payment Schedule

S. No.

Payments % of Total Fee

A. Implementation Phase

1. Mobilization fees against submission of Performance Bank Guarantee and signing of Master Service Agreement

5%

2. Business Blueprint finalization and sign-off from GNIDA 10%

3. Setting up of cloud platform for ERP application hosting 20%

4. ERP application Go-Live 25%

B. Operations & Maintenance Phase

6. Payment Schedule

S. No. Payments % of Total Fee



5%

2. Signing of ERP Licensing Agreement with GNIDA 10%





1. Twenty quarterly instalments over five (5) years from the Go-Live date, each instalment being a maximum of 2.5% of

50%

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1. Twenty quarterly instalments over five (5) years from the “Go-Live” date, each instalment being a maximum of 2% of total contract value depending upon the quarterly performance level assessed on the basis of SLAs defined in this RFP.

40%

total contract value depending upon the quarterly performance level assessed on the basis of SLAs defined in this RFP.

28. Annexure-VIII

Pre-Qual if ication Criteria

Bidders should include this compliance checklist duly completed with their Pre-Qualification Proposal:

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Basic Requirement

Specific Requirements Documents Required

1 Legal Entity Should be Company registered under Companies Act, 1956 Or a partnership firm registered under LLP Act, 2008 Should have been operating in the area of software development, implementation, IT consulting for last five years before date of submission of bid.

Certificates of Incorporation/ Registration as applicable

Relevant extracts of Annual Report i.e. Income Statement, Balance Sheet, Cash-flow Statement of previous 5 years

2 Sales Turnover

Annual sales turnover of the bidder during each of the last three financial years (i.e., 2014‐2015, 2015-2016 & 2016-2017), should be at least Rs. 500 Crores.

Certificate issued by Chartered Accountant with CA’s registration number and seal

Annexure-VIII

Pre-Qual if ication Criteria

Bidders should include this compliance checklist duly completed with their Pre-Qualification Proposal:

Sl. No.

Basic Requirement

Specific Requirements Documents Required

For SI

1 Legal Entity Should be Company registered under Companies Act, 1956 OR a partnership firm registered under LLP Act, 2008 Should have been operating in the area of software development/ implementation/ IT consulting for last five years before date of submission of bid.


Memorandum of Association or Articles of Association

Client purchase orders/ certificates to show operations in the areas mentioned.

2 Sales Turnover



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3 Power of Attorney

Bidder must submit the copy of board resolution or the power of attorney of authorised signatory along with the bid.

Board resolution Or Power of Attorney with appropriate supporting document

4 Net Worth The bidder should have positive net-worth at the time of bidding.


5 Technical Capability

Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s) of value specified herein :

One project not less than the amount value equal to 15 Crores;

OR

Two projects not less than the amount equal value equal to 7.5 Crores;

OR

Three projects not less than the amount equal value equal to 5 Crores

Annexure – VII along with Completion certificates from the client; OR Work order + Self certificate of completion; OR Work order + Phase completion certificate from the client Note: The documents supplied should clearly mentioning the project scope, project duration (phase wise if any),

3 Power of Attorney


Board resolution OR Power of Attorney with appropriate supporting document

4 Net Worth The bidder should have positive net-worth at the time of bidding.



Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s)/ PSU in India or Real State Sector ERP package implementation Globally of value specified herein:

One project not less than the amount value equal to 15 Crores;

OR

Two projects not less than the amount equal value equal to 7.5 Crores;

OR

Annexure – VII along with Completion certificates from the client; OR Work order + Self certificate of completion; OR Work order + Phase completion certificate from the client Note: The documents supplied should clearly mentioning the project scope, project duration (phase wise if any), project value, project start date etc.

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project value, project start date etc.

6 Certifications The bidder should have valid CMMi level 3 Certification or higher at the time of bidding.

Copy of valid certificates

7 Debarment The bidder should not be debarred for fraudulent and corrupt practices by any Government entity in India on the date of bidding.

Undertaking of the authorized signatory (Annexure-XIII (C))

8 Manpower Strength

The bidder should have at least 500 plus full time manpower resources on their payroll.

Self-certification by the authorized signatory

9 Pre-contract Integrity Pact

Integrity pact in the prescribed format.

Integrity pact in the format prescribed (Annexure-XVII)

Three projects not less than the amount equal value equal to 5 Crores

6 Certifications The bidder should have valid CMMi level 3 or ISO 9001 Certification or higher at the time of bidding.

Copy of valid certificates

7 Debarment The bidder should not be debarred for fraudulent and corrupt practices by any Government entity in India on the date of bidding.

Undertaking of the authorized signatory (Annexure-XIII (C))

8 Manpower Strength


Self-certification by the authorized signatory

9 Pre-contract Integrity Pact

Integrity pact in the prescribed format.

Integrity pact in the format prescribed (Annexure-XVII)

For ERP/COTS OEM

1 Roadmap The ERP/COTS OEM should have an established and published roadmap for atleast next 5 years

Published Roadmap document

2 Legal Entity The ERP/COTS OEM should be a Company registered in India under the Companies Act, 1956 with a registered office and operations in India. The Company should be operational in India for atleast five financial years as of 31st March, 2017 as evidenced by the Certificate of Incorporation.


Client purchase orders/ certificates/ relevant document to show operations in the areas mentioned.

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The ERP/COTS OEM product should have been successfully implemented and made Go-Live/ completed in India for any three Government/PSU Clients/ Government undertakings.

Self-certificate by authorised signatory of OEM

4 Implementation Partners

The ERP/ COTS OEM should have atleast five Implementation Partners working in India


5 Support and Development Centre

The ERP/ COTS OEM should have atleast one Support and Development Centre located in India.


6 Experience in Infrastructure/ Real Estate domain

The ERP/ COTS product offered for this RFP should have been implemented for atleast two customers in the Infrastructure/ Real Estate domain


29. Annexure-IX

Technical Evaluat ion Parameters

Following table outlines the Technical Evaluation Parameters and Scoring Methodology based on which evaluation of technical proposals of the bidders shall be carried out by GNIDA:

S

N

Criterion Max.

Marks

Documents

Required

1 Average turnover of the firm from System Integration/ ICT Systems Development and Implementation Work in last 3 financial years (i.e.

5 Relevant extracts from the audited balance sheet and Profit & Loss statement; OR

Annexure-IX

Technical Evaluat ion Parameters

Following table outlines the Technical Evaluation Parameters and Scoring Methodology based on which evaluation of technical proposals of the bidders shall be carried out by GNIDA:

S

N

Criterion Max.

Mark

s

Documents

Required

1 Annual sales turnover of the bidder during each of the last three financial years (i.e.,

5 Relevant extracts from the audited balance sheet and

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2014‐2015, 2015‐2016 & 2016-2017) (Turnover in INR):

Average Turnover ≥ 1000 crore: 5 marks

900 ≤ Average Turnover < 1000 crore: 4 marks



500 ≤ Average Turnover < 600 crore: 1 mark

Certificate from the Chartered Accountant with CA’s sign, seal and membership number.

2 Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) as System Integrator for ERP solution design, development/ deployment, Data Center built, hardware supply, installation, commissioning, maintenance and operations support.

Experience of executing 1 Project: 5 marks

Experience of executing 2 Projects: 10 marks

Experience of executing 3 or more Projects: 15 marks

15 Completion certificates from the client; OR Work order + Self certificate of completion; OR Work order + Phase completion certificate from the client

Along with Annexure VII

2014‐2015, 2015-2016 & 2016-2017), should be at least Rs. 500 Crores.:

Average Turnover ≥ 1000 crore: 5 marks




500 ≤ Average Turnover < 600 crore: 1 mark

Profit & Loss statement; OR Certificate from the Chartered Accountant with CA’s sign, seal and membership number.

2 Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s)/ PSU(s) in India or Real State Sector ERP package implementation Globally as System Integrator for ERP solution design, development, deployment/ Data Center built/ Hosting Services/ hardware supply, installation, commissioning, maintenance and operations support. The projects should necessarily have application design, development and deployment component.

Experience of executing 1 Project: 5 marks


Experience of executing 3 or more Projects: 15 marks

15 Completion certificates from the client; OR Work order + Self certificate of completion; OR Work order + Phase completion certificate from the client Along with Annexure VII

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Note: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

3 Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector. The work order should have been

issued within the last 10 years, as on

date of submission of bid.





More than 4 Projects: 20 marks Note: Projects should be substantially completed i.e. completed or 70%

20 Completion certificates from the client; OR

Work order + Self certificate of completion; OR

Work order + Phase completion certificate from the client


Note: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

3 Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Central/ State Government Department(s)/ PSU(s) in India or Real State Sector ERP package implementation Globally. The work order should have been issued

within the last 10 years, as on date of

submission of bid.





More than 4 Projects: 20 marks Note: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

20 Completion certificates from the client; OR Work order + Self certificate of completion; OR Work order + Phase completion certificate from the client


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completed. For 70% completion please attach client certificate or payment receipt confirmation.

4 Resource profile including resumes of all key technical resources proposed for the assignment, Relevant assignment experience/ Years of experience/ Number of Certifications in ERP Technology specific to Solution proposed.*

20 Summary of key profiles (Annexure-V) and CV’s along with Declaration from HR on Company Letter Head

5 Bidder’s Certifications: a. CMMi level Certification

Possess CMMi Level 3 Certificate – 1 Marks



b. ISO 27001 certification – 2 marks c. ISO 20000 certification – 3 marks

10 Copy of valid Certificates

6 Technical Demo of a Business Case A business case to be demonstrated by the bidder in the technical demo. The solution proposed by the bidder is expected to demonstrate maximum value/ benefit for the given business cases:

Business Case #1 – Application for Building Plan Approval (under discussion):

The Planning Division receives two separate applications to erect

20 Technical demonstration by the bidders at date and time as prescribed at clause Error! Reference source not found..

4 Resource profile including resumes of all key technical resources proposed for the assignment, Relevant assignment experience/ Years of experience/ Number of Certifications in ERP Technology specific to Solution proposed.*

20 Summary of key profiles (Annexure-V) and CV’s along with Declaration from HR on Company Letter Head

5 Bidder’s Certifications: a. CMMi level Certification




b. ISO 27001 certification – 2 marks c. ISO 20000 certification – 3 marks

10 Copy of valid Certificates

6 Technical Demo of a Business Case A business case to be demonstrated by the bidder in the technical demo. The solution proposed by the bidder is expected to demonstrate maximum value/ benefit for the given business cases:

Business Case #1 – Application for Building Plan Approval (under discussion):

The Planning Division receives two separate applications to erect buildings on plots of specified sizes on land zoned for specific uses. The first application is complete with all relevant documentation, is compliant with the relevant standards as per Building Bylaws,

20 Technical demonstration by the bidders at date and time as prescribed at clause 1.2.

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buildings on plots of specified sizes on land zoned for specific uses. The first application is complete with all relevant documentation, is compliant with the relevant standards as per Building Bylaws, and is approved for further action. The second is unsatisfactory and rejected.

Business Case #2 – Builder allotment:

The Property Division has floated a scheme for allotment under the Builders sub-segment. The application for allotment is received at one of the banks shortlisted by the Finance Division. The applications are handed over to the Builders department within the Property Division, where they are appropriately processed for allotment.

Business Case #3 – Grievance Redressal (under discussion):

An individual allotted a residential plot submits a grievance for redressal via Jansunwai. The complaint is received at GNIDA and routed through the relevant channels for appropriate resolution.

Compliance of Proposed ERP Solution with the GNIDA’s Requirement

100% Compliance – 10 marks


10 ERP Solution Compliance Sheet (Annexure XVIII)

and is approved for further action. The second is unsatisfactory and rejected.

Business Case #2 – Builder allotment: The Property Division has floated a scheme for allotment under the Builders sub-segment. The application for allotment is received at one of the banks shortlisted by the Finance Division. The applications are handed over to the Builders department within the Property Division, where they are appropriately processed for allotment.

Business Case #3 – Grievance Redressal (under discussion):

An individual allotted a residential plot submits a grievance for redressal via Jansunwai. The complaint is received at GNIDA and routed through the relevant channels for appropriate resolution.

7. Compliance of Proposed ERP Solution with the GNIDA’s Requirement




<80% Compliance – 0 marks

10 ERP Solution Compliance Sheet (Annexure XVIII)

Total 100

Evaluation Criteria for Proposed Team against Sl. No. 4 of Annexure IX above

S

N

Role Desired Experience and Qualification Max.

Mark

s

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<80% Compliance – 0 marks

Total 100

Evaluation Criteria for Proposed Team against Sl. No. 4 of Annexure IX above

SN Role Desired Experience and Qualification Max.

Marks

1 Project Director

Experience > 15 Years – 1 mark

Min. 5 years of Experience of Leading Projects in Government Sector – 1 mark

BE/B.Tech/MCA+ MBA – 1 mark

3

2 Project Manager


Min. 5 years of Experience working on Government Sector projects – 1 mark

BE/B.Tech/MCA – 1 marks

PMP/Prince 2/Scrum/Agile Certification – 1 mark

4

3 Subject Matter Expert


Relevant Subject Matter expertise and understanding of ERP implementation at ULB – 2 mark

3

4 Solution Architect

Experience > 7 Years in designing solution for ERP implementation – 1 mark

Experience of solution design for ULBs* – 1 mark

BE/B. Tech/MCA – 1 mark

3

5 Business Analyst

B. Tech / BE/ MCA – 1 mark

Min. 5 Years’ experience in Business Analysis and Requirement Gathering – 1 mark

3

1. Project Director


Min. 5 years of Experience of Leading Projects in Government Sector/ Govt. of India Undertaking/ PSUs – 1 mark

BE/B.Tech/MCA+ MBA – 1 mark

3

2. Project Manager


Min. 5 years of Experience working on Government Sector/ Govt. of India Undertaking/ PSUs projects – 1 mark

BE/B.Tech/MCA – 1 marks

PMP/Prince 2/Scrum/Agile Certification – 1 mark

4

3. Subject Matter Expert


Relevant Subject Matter expertise and understanding of ERP implementation at ULBs/ Govt. of India Undertakings/ PSUs – 2 mark

3

4. Solution Architect

Experience > 7 Years in designing solution for ERP implementation – 1 mark

Experience of solution design for ULBs/ Govt. of India Undertakings/ PSUs – 1 mark

BE/B. Tech/MCA – 1 mark

3

5. Business Analyst

B. Tech / BE/ MCA – 1 mark

Min. 5 Years’ experience in Business Analysis and Requirement Gathering – 1 mark

Experience of working on ULBs/ Govt. of India Undertakings/ PSUs – 1 mark

3

6. Database Administrator

B. Tech / BE/ MCA - 1 mark

7 Years as DBA also having experience of working on projects involving Data Migration – 1 mark

2

Sr. No.


Experience of working on ULBs – 1 mark

6 Database Administrator

B. Tech / BE/ MCA - 1 mark

7 Years as DBA also having experience of working on projects involving Data Migration – 1 mark

2

7 Module Lead B. Tech / BE/ MCA - 1 mark

7 Years of overall experience with aleast 1or 2 years of experience in ERP implementation in ULBs – 1 mark

2

Total 20

7. Module Lead B. Tech / BE/ MCA - 1 mark

7 Years of overall experience with aleast 1or 2 years of experience in ERP implementation in ULBs/ Govt. of India Undertakings/ PSUs – 1 mark

2

Total 20

30. Annexure-X Note: The price quoted above by the bidder is inclusive of all taxes, duties, cess, surcharges, levies and expenses and any other financial cost or implication.

Annexure-X Note: The price quoted above by the bidder is inclusive of all taxes, duties, cess, surcharges, levies and expenses and any other financial cost or implication except GST which will be paid extra by GNIDA at the rate applicable on the date of invoicing.

31. Annexure-XI Note: The price quoted above by the bidder is inclusive of all taxes, duties, cess, surcharges, levies and expenses and any other financial cost or implication.

Annexure-XI Note: The price quoted above by the bidder is inclusive of all taxes, duties, cess, surcharges, levies and expenses and any other financial cost or implication except GST which will be paid extra by GNIDA at the rate applicable on the date of invoicing.

32. Annexure-XIII (C) – Paragraph 1 With reference to the above subject, we hereby wish to inform that, <Name of the Firm> hasn’t been debarred by any Central / State Government Department / Institution and there has been no litigation with any Department / PSU / Corporation in Central / State Government which may have any impact on our ability to deliver the project (if awarded) or under a declaration of ineligibility for corrupt or fraudulent practices as on date <insert>.

Annexure-XIII (C) – Paragraph 1 With reference to the above subject, we hereby wish to inform that, <Name of the Firm> hasn’t been debarred by any Central/ State Government Department/ Institution as on the date of submission of the bid and there has been no litigation with any Department/ PSU/ Corporation in Central/ State Government which may have any material impact on our ability to deliver the project (if awarded) or under a declaration of ineligibility for corrupt or fraudulent practices as on date <insert>.

33. Annexure-XV (Format for Source Code Declaration) – Paragraph 1, 2, & 3 We understand that all the material related to software products, including, but not limited to, software, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof (collectively, the “Products”) developed by System Implementer (SI) in

Annexure-XV (Format for Source Code Declaration) – Paragraph 1, 2, & 3 We understand that all the material related to software products, including, but not limited to, software, programs, source code and object code (for bespoke and customized part of ERP implementation exclusively developed for GNIDA), comments to the source or object code, specifications, documents, abstracts and

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connection with this agreement, shall be the sole property of GNIDA. Implementer (SI) shall handover and transfer all the rights, assets, technical knowhow, documentation, source code, records, data, licenses, securities and all such relevant items that may be necessary for the smooth transition process.

We understand GNIDA reserves the right to retain the full and exclusive ownership rights of the Customizing Application Software and any other proprietary rights related to the Customize Software. All the source code and its related documents shall be property of GNIDA.

The ownership of source code of all applications developed for IT systems shall be transferred to Administrative Head of System Department, GNIDA. GNIDA shall have all rights on Software, Source Code and related documentation for its unlimited, unrestricted use within GINDA at unlimited number of locations, machines, computers, gadgets etc. However, GNIDA shall not allow its use to any other agencies for commercial or non-commercial purposes.

summaries thereof (collectively, the “Products”) developed by System Implementer (SI) in connection with this agreement, shall be the sole property of GNIDA. Implementer (SI) shall handover and transfer all the rights, assets, technical knowhow, documentation, source code (for bespoke and customized part of ERP implementation exclusively developed for GNIDA), records, data, licenses, securities and all such relevant items that may be necessary for the smooth transition process.

We understand GNIDA reserves the right to retain the full and exclusive ownership rights of the Bespoke and Customized Application Software and any other proprietary rights related to the Bespoke and Customized Software. All the source code and its related documents shall be property of GNIDA.

The ownership of source code of all bespoke and customized parts of ERP implementation exclusively developed for GNIDA shall be transferred to Administrative Head of System Department, GNIDA. GNIDA shall have all rights on Software, Source Code and related documentation for its unlimited, unrestricted use within GINDA at unlimited number of locations, machines, computers, gadgets etc. However, GNIDA shall not allow its use to any other agencies for commercial or non-commercial purposes.

34. Annexure-XVI (Format for Undertaking on Exit Management and Transition) – Paragraph 1 I/We hereby undertake that at the time of completion of our engagement with GNIDA, either at the End of Contract or termination of Contract before planned Contract Period for any reason, we shall successfully carry out the exit management and transition of this Project to the GNIDA or to an agency identified by GNIDA to the satisfaction of the GNIDA. I/We further undertake to complete the following as part of the Exit management and transition:

Annexure-XVI (Format for Undertaking on Exit Management and Transition) – Paragraph 1 I/We hereby undertake that at the time of completion of our engagement with GNIDA, either at the End of Contract or termination of Contract before planned Contract Period for any reason, we shall successfully carry out the exit management and transition of this Project to the GNIDA or to an agency identified by GNIDA as per the Terms & Conditions defined in the exit management plan approved by GNIDA. I/We further undertake to complete the following as part of the exit management and transition:

35. Annexure-XVII (Integrity Pact), Clause 4.1 BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any

Annexure-XVII (Integrity Pact), Clause 4.1 BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact in respect of any corrupt practices

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Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process.

envisaged hereunder with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process.

36. Annexure-XVII (Integrity Pact) 6 Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:

6.1.1 To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.

6.1.2 The Earnest Money Deposit (in pre-contract stage) and/or Performance Security (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be require to assign any reason therefore.

6.1.3 To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.

6.1.4 To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilised to recover the aforesaid sum and interest.

6.1.5 To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with interest.

6.1.6 To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the

Annexure-XVII (Integrity Pact) 6 Sanctions for Violations





6.1.4 To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR.

6.1.5 To encash/ forfeiture the advance bank guarantee and performance bond/ warranty bond, in order to recover the payments, already made by the BUYER, along with interest without assigning any reason for imposing sanction for violation of this Pact.

6.1.6 To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be

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BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.

6.1.7 To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER.

6.1.8 To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.

6.1.9 In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened.

6.1.10 Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1.1 to 6.1.10 of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.

6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact.

entitled to deduct the amount so payable from the money(s) due to the BIDDER.

6.1.7 To debar the BIDDER from participating in future bidding processes of the GNIDA for a minimum period of five years, which may be further extended at the discretion of the BUYER.





37. Annexure-XVII (Integrity Pact), Clause 7 – Fall Clause The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Government Department (State or Central Government), Authority or PSU and if it is found at any stage that similar product/systems or subsystems was so supplied by the

Annexure-XVII (Integrity Pact), Clause 7 – Fall Clause The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar solution at a price lower than that offered in the present bid in respect of any other Government Department (State or Central Government), Authority or PSU and if it is found at any stage that similar solution was so supplied by the BIDDER to any other Government Department (State or Central

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BIDDER to any other Government Department (State or Central Government), Authority or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

Government), Authority or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

38. Annexure-XVIII (ERP Solution Compliance Sheet) Bidders are required to clearly declare the compliance details of the proposed ERP solution against the prescribed modules and sub-modules as indicated in the table below:

# Module Sub-Module COTS

Bespoke

1. Grievance Redressal Jansunwai

2. Tender management

3. Contract management

4. Policy formulation

5. Meetings & Room booking

6. Annual & Quarterly Action Plans

7. Master Plan

8. Land acquisition Identification & selection of land for acquisition

Acquisition of Land (Proposal based)

Acquisition of Land (Direct purchase)

Resumption of land

Annexure-XVIII (ERP Solution Compliance Sheet) Bidders are required to clearly declare the percentage (%) of pre-existing compliances of the proposed COTS solution against each of the required ERP modules and sub-modules, or the percentage (%) of Bespoke development required to comply with the ERP modules and sub-modules listed as individual line items in the table below. Bidders are also required to submit following information along with this annexure:

1. Functional overview of the proposed ERP product. 2. Technical literature/ reference document of each of the pre-existing

modules/ sub-modules.

# Module Sub-Module

COTS (% Pre-Existing

Compliance)

Bespoke (%)

Reference Document (Page No. in the Technical Proposal)

1. Grievance Redressal

Jansunwai

2. Tender management

3. Contract management

4. Policy formulation

5. Meetings & Room booking

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9. Sector Layout Planning

10. Registration of Architects

11. Building Plan Approval

12. Issuance of Occupancy Certificate

13. Project Development & Management

Planning and management of Projects

Planning and management of Special Projects

Planning and management of Horticulture Projects

14. Building design and landscaping

15. Land allotment scheme formulation and processing

Registration of property (execution of Lease Deed)

Alottee services (18 services including sub-leasing, mortgage, transfer of lease, etc.)

Collection of fees/dues

6. Annual & Quarterly Action Plans

7. Master Plan

8. Land acquisition Identification & selection of land for acquisition

Acquisition of Land (Proposal based)

Acquisition of Land (Direct purchase)

Resumption of land

9. Sector Layout Planning

10. Registration of Architects

11. Building Plan Approval

12. Issuance of Occupancy Certificate

13. Project Development & Management

Planning and manageme

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from allottees

16. Topographical survey and verification of land

17. Water and sewer connections

18. Housekeeping/ Maintenance

19. Solid Waste Management

20. Maintenance of population statistics

21. Horticultural layout plans

22. Processing, disbursement and record maintenance of payments, i.e. to external stakeholders

23. Payroll Processing (monthly)

24. Quarterly/Annual accounting (Processing of P&L, Balance Sheet, Certified Financial Statements, Fund Flow statement, MIS reports etc.)

25. Annual Budget

26. Personnel functions

27. Cadre development

28. Software development

29. Issuance of hardware

30. Maintenance, upgradation and replacement of hardware & software

31. Creating and managing data back-up

32. Renewal of network licenses (firewall, mail security, anti-spam, anti-virus, proxy, backup software)

nt of Projects

Planning and management of Special Projects

Planning and management of Horticulture Projects

14. Building design and landscaping

15. Land allotment scheme formulation and processing

Registration of property (execution of Lease Deed)

Alottee services (18 services including sub-leasing, mortgage, transfer of lease, etc.)

Collection of

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33. Purchase of consumables and fixed assets

34. Record maintenance w.r.t. store and fixed assets

35. Legal case management

36. RTI application management

fees/dues from allottees

16. Topographical survey and verification of land

17. Water and sewer connections

18. Housekeeping/ Maintenance

19. Solid Waste Management

20. Maintenance of population statistics

21. Horticultural layout plans

22. Processing, disbursement and record maintenance of payments, i.e. to external stakeholders

23. Payroll Processing (monthly)

24. Quarterly/Annual accounting (Processing of P&L, Balance Sheet, Certified Financial Statements, Fund

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Flow statement, MIS reports etc.)

25. Annual Budget

26. Personnel functions

27. Cadre development

28. Software development

29. Issuance of hardware

30. Maintenance, upgradation and replacement of hardware & software

31. Creating and managing data back-up

32. Renewal of network licenses (firewall, mail security, anti-spam, anti-virus, proxy, backup software)

33. Purchase of consumables and fixed assets

34. Record maintenance w.r.t.

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store and fixed assets

35. Legal case management

36. RTI application management

Note: Evaluation will be based on the pre-existing percentage compliances (%) of proposed COTS solution against each of the ERP modules and sub-modules as listed above.

39. This Annexure stands added in the RFP document Annexure-XIX (Format for Submission of Deviations) [To be submitted on Bidder Company’s Letterhead] Date: To: Officer on Special Duty Greater Noida Industrial Development Authority Plot No. 01, Knowledge Park-04 Greater Noida, Gautam Budh Nagar, Uttar Pradesh 201308 Sub: Undertaking for Submission of Deviations Dear Sir, In accordance with the RFP document, we <Name of the firm> wish to submit our deviations along with the proposal and declare that: a) Deviations don’t have any material impact on the project. b) We have not submitted any deviation(s) anywhere else in this proposal. c) The submission of deviations doesn’t mean acceptance of deviation by GNIDA. d) Even if deviations are not accepted by GNIDA and we are selected under the

RFP as SI then we shall abide by all the terms and conditions of this RFP document.

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# RFP (Volume / Section / Page No.)

RFP Requirement

Deviation Page no. in Technical Proposal

1

2

3

Yours faithfully, Date: (Signature of the Authorized signatory) Place: (Name and designation of the of the Authorized signatory) (Name and seal of the Bidder)

RFP Volume – III

40. 1.1.6 Assets: means entire hardware and software, network or any other information technology infrastructure components used for the Project and other facilities leased/ owned/ operated by the System Integrator exclusively in terms of ensuring their usability for the delivery of the Services as per this Agreement.

1.1.6 Assets: Assets means data, information, documents, licenses, manuals generated/ built/ procured for providing services to GNIDA under this project or any other facility created/ built/ procured exclusively for the purpose of continuity of operations of GNIDA ERP system by the SI, excluding physical infrastructure/ hardware (building, air conditioners, power supply infrastructure, furniture and the like).

41. 1.1.10 Deliverables means the products, infrastructure and services agreed to be delivered by the System Integrator in pursuance of the agreement as defined more elaborately in the 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;

1.1.10 Deliverables means the products, infrastructure and services agreed to be delivered by the System Integrator in pursuance of the agreement as defined more elaborately in the 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 (of bespoke/customized part of the ERP implementation exclusively developed for GNIDA) and all its modifications;

42. 4. Term and Duration of the Agreement This Agreement shall come into effect on <<dd/mmm/yyyy>> (hereinafter the ‘Effective Date’) and unless terminated earlier, this agreement shall be in force

4. Term and Duration of the Agreement This Agreement shall come into effect on <<dd/mmm/yyyy>> (hereinafter the ‘Effective Date’) and unless terminated earlier, this agreement shall be in force and

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and effect for a period of five (5) years from the date of go-live of the ERP application. After the end of the contract period, GNIDA reserves the right to either continue with the existing bidder with either same or revised terms and conditions as mutually agreed by both the parties or sign a contract with other agency.

effect for a period of five (5) years from the date of go-live of the ERP application. After the end of the contract period, GNIDA reserves the right to continue with the existing bidder on terms and conditions mutually decided by both the parties or by accounting for rupee depreciation on present contract value or issue a fresh RFP for the selection of new agency. GNIDA may take this decision at the end of (4th) year of O&M phase so that there is sufficient time for proper execution of agreed exit management plan.

43. 5.2.1 Conditions Precedent of the System Integrator The System Integrator shall be required to fulfill the Conditions Precedent in which is as follows: (a) to comply with all the conditions stated in Schedule I. (b) to provide a Performance Security/Guarantee and other guarantees/

payments as and when required to the GNIDA or its nominated agencies; and

(c) to provide the GNIDA 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 System Integrator.

5.2.1 Conditions Precedent of the System Integrator The System Integrator shall be required to fulfil the Conditions Precedent in which is as follows: (a) to comply with all the conditions stated in Schedule I, as per the timelines

defined in it. (b) to provide a Performance Security/ Guarantee and other guarantees/

payments as and when required to the GNIDA or its nominated agencies; and (c) to provide the GNIDA 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 System Integrator.

44. 9.2 It shall perform the Services as set out in clause 3 of this Agreement and in a good and workmanlike manner commensurate with industry and technical standards which are generally in effect for international projects and innovations pursuant thereon similar to those contemplated by this Agreement, and so as to comply with the applicable Service Levels set out with this Agreement.

9.2 It shall perform the Services as set out in clause 3 of this Agreement and in a good and workmanlike manner commensurate with industry and technical standards which are generally in effect for national projects and innovations pursuant thereon similar to those contemplated by this Agreement, and so as to comply with the applicable Service Levels set out with this Agreement.

45. 13.3.3 If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes, duties and other charges while executing the task should be borne by the System Integrator.

13.3.3 If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes (except GST which will be paid extra by GNIDA), duties and other charges while executing the task should be borne by the System Integrator.

46. 14.1.1.1 Any default or breach of any provision hereof and in case SI fails or neglects to cure any such default or breach within 15 days of being called upon in writing to

14.1.1.1 Any default or breach of any provision hereof and in case SI fails or neglects to cure any such default or breach within 15 days of being called upon in writing to do so

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do so by GNIDA. by GNIDA. However, this may be extended to 30 days on the request of the SI.

47. 14.3.1.1 GNIDA, pending the appointment of another SI, may require SI to continue to provide all the services in scope and maintain all the assets (including database, system software, documents, cloud infrastructure and all other relevant materials relating to provision of services) that may be in its custody or control for a period of six months, while adhering to terms and conditions of this Agreement. In case if GNIDA is not able to select replacement SI in the first three months from the date of termination of the agreement, in such a scenario the existing SI will have continue supporting GNIDA for 9 months from the date of termination of the contact. This period shall further be extended for another 3 months i.e. a total of 12 months from the date of termination of the agreement.

14.3.1.1 GNIDA, pending the appointment of another SI, may require SI to continue to provide all the services in scope and maintain all the assets (including database, system software, documents, cloud infrastructure and all other relevant materials relating to provision of services) that may be in its custody or control for a period of six months, while adhering to terms and conditions of this Agreement. In case if GNIDA is not able to select replacement SI in the first three months from the date of termination of the agreement, in such a scenario the existing SI will have continue supporting GNIDA for 9 months from the date of termination of the contact. This period shall further be extended for another 3 months i.e. a total of 12 months from the date of termination of the agreement. In case of termination due to the expiry of the contract term the service shall be offered at mutually agreed price.

48. 14.3.1.2 GNIDA, pending the appointment of another SI, may appoint an Administrator to take over the assets of SI used in providing services to all the stakeholders and SI shall provide all assistance as may be required by the Administrator in taking over such assets including assets created exclusively for the purpose of continuity in operations and relevant data, application, cloud infrastructure, networks and all other facilities excluding physical infrastructure (building, air conditioners, power supply infrastructure, furniture and the like).

14.3.1.2 GNIDA, pending the appointment of another SI, may appoint an Administrator to take over the assets of SI used in providing services to all the stakeholders and SI shall provide all assistance as may be required by the Administrator in taking over such assets like data, information, documents, licenses, manuals generated/ built/ procured for providing services to GNIDA under this project or any other facility created/ built/ procured exclusively for the purpose of continuity of operations of GNIDA ERP system by the SI, excluding physical infrastructure/ hardware (building, air conditioners, power supply infrastructure, furniture and the like).

49. 15.1.3 At the end of the contract period or during the contract period, if any other agency is identified or selected for providing services related to the System Integrator scope of work, the System Integrator shall ensure that a proper and satisfactory handover is made to the other agency.

15.1.3 At the end of the contract period or during the contract period, if any other agency is identified or selected for providing services related to the System Integrator scope of work, the System Integrator shall ensure that handover is carried out as per the Terms & Conditions defined in the exit management plan approved by GNIDA.

50. 15.1.8.7 Hand-over of the entire software including source code, program files, configuration files, setup files, project documentation, user IDs, passwords, security policies, scripts etc.

15.1.8.7 Hand-over of the entire software including source code (of bespoke/ customized part of ERP implementation exclusively developed for GNIDA), program files, configuration files, setup files, project documentation, user IDs, passwords, security

Sr. No.


policies, scripts etc.

51. 15.1.9 Knowledge transfer of the system to the incoming System Integrator to the satisfaction of the GNIDA per the specified timelines.

15.1.9 Knowledge transfer of the system to the incoming System Integrator as per the Terms & Conditions defined in the exit management plan approved by GNIDA.

52. 16.2.1 The liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement. The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18.

16.2.1 The aggregate liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement. The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18.

53. 18.3 System Integrator agrees that it shall ensure that all its employees, agents, service providers and any another related stakeholder are bound by nondisclosure agreements, and shall provide copies of such agreements to GNIDA whenever required.

18.3 System Integrator agrees that it shall ensure that all its employees, agents, service providers and any another related stakeholder are bound by nondisclosure agreements.

54. 23 Arbitration and Legal Jurisdiction 23.1 In the event of any question, dispute or difference arising under the

agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of the CEO, GNIDA (hereinafter referred to as the said officer) and if the CEO, GNIDA is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CEO, GNIDA. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.

23.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be

23 Arbitration and Legal Jurisdiction In case, a dispute is referred to arbitration, the arbitration shall be under the Indian Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof. 23.1 If during the subsistence of this Contract or thereafter, any dispute between the Parties hereto arising out of or in connection with the validity, interpretation, implementation, material breach or any alleged material breach of any provision of this Contract or regarding any question, including as to whether the termination of this Contract by one Party hereto has been legitimate, the Parties hereto shall endeavor to settle such dispute amicably and/or by Conciliation to be governed by the Arbitration and Conciliation Act, 1996 or as may be agreed to between the Parties. The attempt to bring about an amicable settlement is considered to have failed as soon as one of the Parties hereto, after reasonable attempts; which attempt shall continue for not less than thirty (30) days, gives thirty (30) day notice to refer the dispute to arbitration to the other Party in writing. 23.2. The Arbitration proceedings shall be governed by the Arbitration and

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deemed to apply to the arbitration proceeding under this clause. 23.3 The venue of the arbitration proceeding shall be the office of CEO, GNIDA

or such other place as the arbitrator may decide. 23.4 However, disputes which remain unresolved further shall be subject to the

jurisdiction of the District Court of Gautam Budhh Nagar or the High Court of Allahabad only.

23.5 Upon any and every reference as aforesaid, the assessment of costs and incidental expenses in the proceedings for the award shall be at the discretion of the Arbitrator.

Conciliation Act, 1996. 23.3. The Arbitration proceedings shall be held in Greater Noida, Gautam Budh Nagar, Uttar Pradesh, India. 23.4. The Arbitration proceeding shall be governed by the substantive laws of India. 23.5. The proceedings of Arbitration shall be in Hindi/English language. 23.6. Except as otherwise provided elsewhere in the contract if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, at any time in connection with construction, meaning, operation, effect, interpretation or out of the contract or breach thereof the same shall be referred to a Tribunal of three (3) Arbitrators, constituted as per the terms of and under the (Indian) Arbitration and Conciliation Act, 1996. Each party to the contract shall appoint or nominate one Arbitrator each, the two Arbitrators so appointed/ nominated by the Parties herein shall together choose the third Arbitrator, who will be the Presiding Arbitrator of the Tribunal. The consortium of the three Arbitrators shall form the Arbitral Tribunal. 23.7 In case, a party fails to appoint an arbitrator within 30 days from the receipt of the request to do so by the other party or the two Arbitrators so appointed fail to agree on the appointment of third Arbitrator within 30 days from the date of their appointment upon request of a party, the Chief Justice of the Delhi High Court or any person or institution designated by him shall appoint the Arbitrator or Presiding Arbitrator upon request of one of the parties. 23.8. Any letter, notice or other communications dispatched to the Bidder relating to either arbitration proceeding or otherwise whether through the post or through a representative on the address last notified to the GNIDA by the Bidder shall be deemed to have been received by the Bidder although returned with the remarks, refused 'undelivered' where about not known or words to that effect or for any other reasons whatsoever. 23.9. If the Arbitrator so appointed dies, resigns, incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the GNIDA to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same, otherwise, he shall proceed de novo. 23.10. It is a term of the contract that the party invoking arbitration shall specify all

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disputes to be referred to arbitration at the time of invocation of arbitration and not thereafter. 23.11. It is also a term of the contract that neither party to the contract shall be entitled for any interest on the amount of the award. 23.12. The Arbitrator shall give reasoned award and the same shall be final, conclusive and binding on the parties. 23.13. The fees of the arbitrator, costs and other expenses incidental to the arbitration proceedings shall be borne equally by the parties.

55. 24.2.2 Subject to Clause 5, the selected System Integrator may assign its rights and obligations under this Agreement to a third party according to their solution proposed to GNIDA for activities such as- providing Data Centre and Disaster Recovery Centre services and for Data entry services including related digitization and scanning works, The System Integrator shall provide details of all such assignments including the contact details of such third parties in their technical proposal. However, the ERP application implementation and roll out services cannot be assigned to any third party under this contract.

24.2.2 Subject to Clause 5, the selected System Integrator may assign/ sub-contract its rights and obligations under this Agreement to a third party according to their solution proposed to GNIDA for activities such as - providing Data Centre and Disaster Recovery Centre services, and Data entry services including related digitization and scanning works. The System Integrator shall provide details of all such assignments including the contact details of such third parties/ sub-contractors in their technical proposal. However, the ERP application implementation and roll out services cannot be assigned/ sub-contracted to any third party under this contract.

56. SCHEDULE IV – Payments Schedule

S. No.

Payments % of Total Fee



5%





1. Twenty quarterly instalments over five (5) years from the “Go-Live” date, each instalment being a maximum

40%

SCHEDULE IV – Payments Schedule

S. No. Payments % of Total Fee



5%

2. Signing of ERP Licensing Agreement with GNIDA 10%





1. Twenty quarterly instalments over five (5) years from the Go-Live date, each instalment being a maximum of 2.5% of total contract value depending upon the quarterly

50%

Sr. No.


of 2% of total contract value depending upon the quarterly performance level assessed on the basis of SLAs defined in this RFP.

//performance level assessed on the basis of SLAs defined in this RFP.

Annexure 2: Reply to Pre-Bid queries/clarifications

Sr. No.

Bidding Document Reference (Volume / Section / Page No.)

Content as in RFP Requiring Clarification Query / points of clarification required GNIDA's Comment

1 Section 3.9.1, clause 6; Pg. 157

Maintenance of individual personnel files Please provide few more details on this point Bidder may visit GNIDA and study the requirement. Bidder may contact GNIDA for the same.


Suspension/termination/reinstatement Please provide few more details on this point Bidder may visit GNIDA and study the requirement. Bidder may contact GNIDA for the same.


PF loan sanctioning Please provide few more details on this point Bidder may visit GNIDA and study the requirement. Bidder may contact GNIDA for the same.

4 3.9.4; Pg. 153 Accounting (Processing of P&L, Balance Sheet, Fund Flow Statement)

Please Clarify: The acccounting methodology to be followed would be Cash Based or accrual Based?

It is clearly mentioned in the clause 3.9.4 of the RFP document that accounts are prepared on an accrual basis.

5 3.9.4; Pg. 153 Accounting (Processing of P&L, Balance Sheet, Fund Flow Statement)

Please Clarify: About the structure of Chart of Accounts (if any)present in legacy system? What are the standards/ guidelines on which the Chart of accounts should be based in offered solution

Indian Accounting standards are followed

6 3.9.5; Pg. 154 Formulation of Annual Budget Please Clarify: What are the different types of Budget preparation ( e.g. Revenue/ Capital Income / Expenditure) (if any) that are carried out during Annual Budget Formulation. Whether processes like Additional Budget, Supplementary Budget, Re-appropriation are carried out at GNIDA.

Income and Expenditure budget further bifurcated into revenue and capital

7 NA Payments and Receipts Please Clarify:What are different types/sources of payments / receipts are present in which subledger level reports/ accounting is desired

Please refer the detailed process of Finance Division

8 NA Reports Please Clarify: What are the different types of reports that are expected in system?

Bidder may visit GNIDA and study the requirement.

What would be approximate quantum/ count of reports required in each section of Finance?

Bidder may contact GNIDA for the same.

9 1.5 6. Payroll and Accounting Package-Data Migration Please Clarify: What is the Architecture of legacy application used for accounting. Whether it is decentralized or centralized?. Whether the version of application is same across all the locations? What would be approximate quantum of data to be migrated? What would be the approximate count of the tables to be migrated?

Bidder may visit GNIDA and study the requirement. Bidder may contact GNIDA for the same.

10 NA Performance Please Clarify: What would be approximate average count of transactions of Payments/Receipts daily, weekly, monthly. What would be the peak transaction period and the count of transactions (Payment/Receipts) during the peak period.


11 RFP Vol-1; Pg. 45 13. System will allow GIS enabled mapping for all land related processes

Please confirm that the scope of GIS is limited to integration only. Please confirm on the existing GIS landscape.

The Authority has a GIS based map available with them. In the current scope the SI shall integrate the existing map with the proposed ERP solution and ensure update of the records in future.

12 RFP Vol-1; Pg. 149 Provision of GPS system for all locations wherever the plantations has been done to know the real time update on their status

Please confirm that the scope of GPS is limited to integration only. Please confirm on the existing GPS landscape.

No existing GPS landscape is available. SI shall implement the necessary provisions for data feeding directly from the fields (manual as well as automatic).

13 RFP Vol-1; Pg. 23 Mobile Application Do you require native mobile applications for all standard mobile platforms or hybrid application would suffice the requirements here?

As per the RFP

14 RFP - Vol-1; Pg. 209 4.13 Scalability The system should allow addition of more users as and when required, without

Kindly confirm what would be anticipated increase in the user count. This is required to factor sufficient cores. Also confirm what is the anticipated concurrency for both Internal and External users


15 Vol-I & II, 2.11; Pg. 11 & 16

INR 50 Lakhs (Rupees Fifty Lakh Only) through RTGS only It is recommended to accept EMD BG valid till bid validity period, i.e. 180 days as per RFP.

Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

16 Volume-I, Section 1.2, page 13

Organizational Structure of GNIDA We believe that GNIDA will have only one legal entity. Please confirm our understanding.

Confirmed

17 General Core Team availability Please confirm the availability of a dedicated core team from each business functions throughout the entire duration of project.

Complete cooperation of Authority is ensured. The working modalities will be finalised at inception stage

18 Volime-1, section 2.1, page 29-30 Vol1 - Annexure 1

Table for external & internal users Table with user counts

Please clearly indicate the external & internal user counts separately (The columns column 5 & 6 seems to be considering this interchangeably). Also please provide concurrency expected to be handled by the portal.


19 Volime-1, section 2.1, page 29-30Vol1 - Annexure 1

Table for external & internal usersTable with user counts Please provide the training batch count as well. Does the training session mentioned here indicates only the end user trainings?Please clarify on other training needs, if any.

The bidders best suited to assume a convenient batch size based on the batches they would form as per proposed solutions.

20 Existing IT Landscape, page 24

All the existing Applications to be moved to cloud? No


What are the Hypervisors currently existing in the environment?

Not relevant

22 Disaster Recovery and Back-up Policy, page 233

Any current backup policy? As the RFP

23 5.14.3, vol1 page 229 The SI shall be responsible for deploying a Business Operation Support team of fifty five (55) personnel on fulltime basis for the entire AMC period of five (5) years for providing operational support to the GNIDA.

Pls. specify the qualification and experince of all the required skill set.


24 Vol 1 , 4.7, page 206 Integration with GIS: GNIDA has a GIS application which is integral part of various business process. SI shall co-ordinate with the Authority and GIS service provider to identify integration requirements and ensure successful

1) Does new application need to open the GIS page to show maps or there is some other requirement for GIS maps.? 2) There will be no GIS relatated functionality added in new

The Authority has a GIS based map available with them. In the current scope the SI shall integrate the

integration with ERP application and web portal. GNIDA using Autodesk Infrastructure Map Guide Version 2012.

application. Only data passed by GIS will be used. Pls confirm

existing map with the proposed ERP solution and ensure update of the records in future.

25 Vol 1 , 4.13, page 209 Tentative users -- Please provide the approx concurrent users details both Internal and External.

The users pattern shall be similar to usage in any municipal body. The Bidders are encouraged to make assumptions on their own based on the city population and Staff strength of Authority as per the RFP.

26 2, page 16 2.11.1 The bidder shall furnish, as part of its bid, an Earnest Money Deposit (EMD)/ Bid Security of INR 50,00,000/- (INR Fifty Lakh only) through RTGS in prescribed bank account of Greater Noida Industrial Development Authority (GNIDA). No bidder is exempted from furnishing the said EMD.

2.11.1 The bidder shall furnish, as part of its bid, an Earnest Money Deposit (EMD)/ Bid Security of INR 50,00,000/- (INR Fifty Lakh only) through RTGS or Bank Gurantee in prescribed bank account of Greater Noida Industrial Development Authority (GNIDA). No bidder is exempted from furnishing the said EMD.


27 RFP_Vol_I/4.17/213 Database should be able to compress structured data and unstructured data such as documents, images, and multimedia in OLTP mode, and query execution should be faster on compressed data.

Are you also looking for implementation of Big Data as part of project scope to manage unstructured data? If yes, please help us with details on the requirement

No

28 RFP_Vol_I/4.17/213 The data mining techniques like classification, clustering, regression and association rule learning should be supported by the database to support data mining applications developed in the application layer.

Is data mining application is part of project scope? If yes please help us with below details 1) Is data analytics is part of project scope? 2) What are the analytics use cases you are envisaging

As per the RFP

29 RFP_Vol_I/4.5/204 j. The system should provide various reports/ MIS in graphical and tabular views along with facility to drill down to navigate to the next levels of details and so on.

Are you looking for a separate reporting platform which will integrate with different ERP application DB's and create consolidated cross departmental reports? If yes, please help us with below details:1) What are the functional areas for reports and dashboards2) What is the no. of analytics reports needs to be developed in each functional areas3) What is the no. of total and concurrent users for reports and dashboards 4) What is the level of drill down required in the reports 5) Is there a need of Mobile reports? If yes what are the OS support required (iOS, android etc.)

Yes, your understanding is correct. The answers are as follows: 1) each department in Authority represents a functional are e.g. planning, property, services etc. 2) Indicative set of MIS reports are provided in RFP. Final list shall be decided during SRS stage 3) To be accessed by Bidder4) same as 2 above5) Yes both supports are required

30 RFP_Vol_I/4.19/215 ii. Ad-hoc Reports: Application should provide ad hoc query & analysis capability so that business users could create new analyses from scratch or modify existing analyses.

What is the no.of ad-hoc reports per day/week/month Bidder may visit GNIDA and study the requirement. Bidder may contact GNIDA for the same.

31 RFP_Vol_I/4.19/215 b. The ERP application should provide dashboards to various users. The layout and content of the dashboard would be based on the user role/ category/ type etc.

Are you looking for ERP standard reports and dashboards or these are analytics dashboard requirement? If these are analytics requirement, please help us with below details: 1) What is the no. of dashboard needs to be developed 2) What are the functional areas for dashboards


32 General Kindly specify the Number of Employees for which the Payroll to be Run

Please refer Annexure 1 of Vol 1 of the RFP

33 General Kindly specify the Number of Employees for which ESS / MSS functionality to be provided


34 General Kindly specify the Number of Land parcels (Survey / Sub-Survey Numbers) for which the Land Records Information is to be Maintained in the System

The information has to be maintained for the complete Greater Noida city. At present, the no of plots is approximately 80,000 but this number is expected to rise in the future.

35 General Kindly specify the Number of Residential properties need to be managed

At present, there are about approximately 60,000 residential properties but this number is expected to rise in the future

36 General Kindly specify the number of users for which File Loife Cycle Management solution need to be Licensed


37 General How many users need to be Given Access to Solid Waste Management Module? How many SWM Vehicles need to be managed and how many trips each truck takes in a day

The SWM function is outsourced to a third party agency. The information has to be captured for monitoring the works of the vendor. Each time the tender conditions vary and department intends monitor the appointed vendors.

38 General How many users need to be provided access to Business Intelligence reports and Dashboards.

All management staff at the Authority with differential

rights are present at each user levels/type

39 General On an average, how many online Service requests are received from Citizens for the various services. Kindly also specify the peak load.

At present, approximately 60-70 online service requests are received but this number is expected to rise after the implementation of ERP.

40 RFP_Vol_II - 3.9.5 Challenges & Expectations

Real time monitoring of advertising boards/bus shelters and their locations, including monitoring of approval status

Please confirm if there is an expectaion for command center for real time monitoring. If yes, let us know if this falls in bidders scope

As per the RFP

41 RFP_Vol_II - 3.9.1 Disbursement of payments to external users

Disbursement of payment to external stakeholder Please confirm us on the mode of payments available and also let us know if checks are getting printed for check payments at centerlised location

As per the RFP

42 GeneraL Pls confirm the number of ERP/Application users (department/function wise) required by GNIDA.


43 Vol II-Earnest Money Deposit / Bid Security - 2.11.1 Page 16

The bidder shall furnish, as part of its bid, an Earnest Money Deposit (EMD)/ Bid Security of INR 50,00,000/- (INR Fifty Lakh only) through RTGS in prescribed bank account of Greater Noida Industrial Development Authority (GNIDA). No bidder is exempted from furnishing the said EMD.

Please give an option to provide EMD in the form of Bank Guarantee also, in addition to RTGS. Please provide the Bank Guarantee (EMD)format.


44 5.14.1 Technical Support. Page 227 of 248

i. During this phase, SI shall deploy 7 fulltime technical resources for providing technical support for the entire contract period of 5 years at GNIDA.

what skill set is expectefd of these 7 resources. Are they over and above the min resource requirement of 55 resources


45 5.14.3 Business Operation Support. Page 229 of 248

i. The SI shall be responsible for deploying a Business Operation Support team of fifty five (55) personnel on fulltime basis for the entire AMC period of five (5) years for providing operational support to the GNIDA.

Can you please indicate what could be the break up of these 55 consultants (Skill wise)


46 2.1 Availability of RFP Document

Earnest Money Deposit (EMD)/ bid Security (refundable) of INR 50,00,000/- (INR Fifty Lakhs only) through RTGS

Request you to allow bidders to submit the EMD as Bank Guarantee also


47 2.1 Availability of RFP Document

Bid Fee (non-refundable) of INR 20,000/- (INR Twenty Thousand only)

Request you to kindly allow bidder to submit tender fees as Demand Draft also


48 5.18 Supply of Software/ Licenses

a) The SI shall supply all the software with adequate number of licenses, required for the proposed ERP system.

Request GNIDA to provide breakup of users per department along with their Roles.


49 General Kindly specify the Number of Employees for which the Payroll to be Run

Please refer the detailed process of HR Division

50 General Kindly specify the Number of Employees for which ESS / MSS functionality to be provided

The bidders to visit the Authority and make the necessary assumptions.

51 Kindly specify the Number of Land parcels (Survey / Sub-Survey Numbers) for which the Land Records Information is to be Maintained in the System

At present, the no of land parcels is approximately 80,000 but this number is expected to rise in the future.

52 General Kindly specify the Number of Residential properties need to be managed

At present, the no of residential properties is approximately 80,000 but this number is expected to rise in the future.

53 General Kindly specify the number of users for which File Loife Cycle Management solution need to be Licensed

At present, there are approximately 300 users of file life Cycle Management Solution but this number is expected to rise after the implementation of ERP.

54 General How many users need to be Given Access to Solid Waste Management Module? How many SWM Vehicles need to be managed and how many trips each truck takes in a day


55 General How many users need to be provided access to Business Intelligence reports and Dashboards.


56 General On an average, how many online Service requests are received from Citizens for the various services. Kindly alos specify the peak load.

At present, approximately 60-70 online service requests are received but this number is expected to rise after the implementation of ERP.

57 RFP_Vol-1, Page-23, Page 170, 207, 209,

Document Management System: The majority of GNIDA’s files and records are manually created and maintained. This system acts as an integrated platform for scanning and digitization of those files and records, and would be used for any future data migration.

As per our understanding GNIDA requires a enterprise wide document management system which could cater to both ERP and non ERP system to store all the records to provide:- Migration of old records and Categorization of documents in folders-subfolders just like windows interface. There should not be any limit on the number of folder and levels of sub folder- Document Version Management with Check Out / Check In - Extensive document and folder level operation such as move / copy, email, download, delete, metadata association etc- Repository should be format agnostic- Indexing of the documents on user defined parameters- Association of the key words with the documents. 'Since the Document Management System will be storing critical documents of various department functions which needs to be archived for long term, so is GNIDA looking at archiving documents in PDF/A format which is an open ISO standard for long term archival and is now becoming de-facto standard in most government projects.Please confirmKindly confirm if our understanding is correct.

As per the RFP

58 RFP_Vol-1,Pg no 170, All the sections of the Web portal should be of dynamic nature and must be supported with a Content Management module for easy content management and administration of the same.d) Web portal administrator should have the facility to view all the versions and rollback the content.e) The version number and keeping records up to maximum versions should be configurable.k) Web portal should have a keyword based full content search facility for English and Hindi languages.l) To search specific record, each section/ module should have parameterized search.

As per our understanding GNIDA requires a strong Enterprise Content Management System in to be integrated with the portal having the following capability- Document View-version control- Records management as per the industry standards- Support comprehensive search facility in both English and Hindi including full text search- Parameterized search from the records management system as an extension to the enterprise content managementKindly confirm

As per the RFP

59 RFP_Vol-1, Page- 207 ix. Document Management System: the ERP application should be integrated with the DMS to access various legacy digitized content/ files for business continuity. x. Content Management System: the web portal shall be integrated with content management system in order to make it dynamic in nature and for version control of the content of the web portal.

To achieve the requirements an DMS based enterprise content management (ECM) system with strong DOD certified records management capability to achive the version control as well as retrieval functionalities. That should also have the capability to integrated with the currently used legacy DMS which in due course should be substututed with thee enterprisewide content management system which should be highly scalable. The proposed ECM should be capable to support GIS maps,

As per the RFP

drawing files apart from scanning and PDF files which will work seamlessly along with the ERP solution. Please confirm

60 RFP_Vol-1, Pg no 170, 207, 219

Document Management System Considering huge number of citizens logging on the application, The proposed Document Management System should have at least one live implementation site in Indian with more than 10 crores document archived in document management repository with more than 10000 users using this Document Management System. Hope our understanding is correct.

As per the RFP

61 RFP _Vol-1,Pg no 170, 207, 219

Document Management System As per mentioned in the RFP, there is a requirement of capture solution for scanning backlog as well as ongoing paper documents with support for following : • Both bulk and web scan capabilities • Automatic extraction of data using OCR • Automatic file and document separation using blank page separator, barcode separator and fix page • Automatic correction of parameters like improper resolution, format/ compression not proper, skew, wrong orientation, error in automatic cropping, punch hole marks etc during scanning Please confirm our understanding is correct.

As per the RFP

62 RFP _Vol-1,Pg no 45, 2.1.3 Land Division, Land Acquisition System

System will have a standardised templates for the following:a. Land acquisition requirementb. Letter of Intent (LOI) for selling landc. Affidavit stating land belongs to said individual(s)d. Indemnity Bonde. Search certificate (detailing last 12 years of ownership history of the concerned landf. Land acquisition proposalg. Evaluation/Survey/Valuation report of identified landh. Possession letteri. Notification for land acquisition/ Land Purchase Procedures and concerned G.O.S.j. Lease Deed (Sale Deed)15. System will generate all land acquisition, land purchased, resumption details with linked UINs, status and other metadata for specified time period. This list should allow sorting with refined search parameters to generate further MIS reports

Land Acquisition is a very critical process in GNIDA and is fairly complex process. It needs a strong BPM and DMS backbone to create the process starting from land survey, surveyer reports approval, committee creation to approve the entire process, ad hoc approvals required in various stateges from different departments including seecific forms to be created. Hence we recomend a strong BPM solution required which has cases management capability to cater the entire solution as well as integrate with the ERP system as required. The GIS maps, design and drawing documents, scanned deeds etc will be kept with version control in ECM. Kindly confirm our understanding.

As per the RFP

63 RFP_Vol-1. Page-46, 2.1.4, Page -48, 2.1.6, Page-56, 2.1.13

Property (Builders, Commercial, IT, Residential, Group Housing, Industry etc.) , Urban Services Division, Horticulture Division

Thess processed are a combination of several approval workflows and a decent amount of integrated DMS and records management capability to be part of the solution to cater to this extremely critical business specific requirements. We recommend BPMN based Workflow solution for the same which will be integrated with the ERP.

As per the RFP

64 Pg no 170, 207, 219 Document Management System As per our understanding, the proposed solution for digitization/ scanning should take care of automatic correction of parameters like improper resolution, format/ compression not proper, skew, wrong orientation, error in automatic cropping, punch hole marks etc so that the quality of digitized data is ensured.Kindly confirm

As per the RFP

65 RFP _Vol-1Pg no 209 Tentative users who would be using the ERP solution regularly are as following: i. GNIDA Users: 500 (approximately) (please refer Annexure-I of this volume). ii. Citizens/ Residents and Business Users: 1,50,000 (approximately) which may increase to 5,00,000 during AMC period.

Please share the users number who would be accessing the document management system/ workflow or we should consider the same user concurrency as it is for ERP.

Shall be finalized during Business Blueprint Phase

66 RFP _Vol-1Pg no 26 File Tracking System As per the RFP, movement of files and documents is one of the key requirement, so based on our experience of working with various Govt organizations we strongly feel that following features should also be part of the required File Management and Tracking System: • File Tracking System should be based on Manual of office Procedure (MOP from DARPG- Department of Administrative Reforms And Public Grievances) • DAK/File Management with features like DAK/File register, etc • Secure notes and annotations. • Electronic correspondence/ file creation, management, movement and performance of related tasks like diary entry, indexing, noting, cross referencing, search/ retrieval, etc. • Bilingual solution with support for Hindi.

As per the RFP

67 RFP _Vol-1Pg no 26 File Tracking System The electronic view of the file should be similar to the physical file structure being followed widely in various government organizations. Therefore, the file should open

As per the RFP

in a Whitehall file view wherein all documents are shown on one side and green Note Sheet on other side.Kindly confirm

68 RFP _Vol-1Pg no 26 File Tracking System As per our understanding,the electronic file view should have a support for green Note sheet wherein different users can add remarks/notes to the file. Users should also be able to link these notes with various documents in the file.Kindly confirm if the understanding is correct.

As per the RFP

69 RFP _Vol-1Pg no 26 File Tracking System As per RFP requirement,GNIDA is looking for Workflow system which involves File Management and Tracking system based on Enterprise Content Management & Business Process Management framework in order to allow the competent authority to define/modify the workflows.Please confirm if our understanding is correct.

As per the RFP

70 RFP _Vol-1Pg no 26 File Tracking System The electronic view of the file should be similar to the physical file structure being followed widely in various government organizations. Therefore, the file should open in a Whitehall file view wherein all documents are shown on one side and green Note Sheet on other side.Kindly confirm

As per the RFP

71 RFP _Vol-1Pg no 26 File Tracking System As per our understanding, the GNIDA needs a Office note management module with the following features:• In-built Web based Text Editor with basic functionalities such as bold, alignment, font, color etc.• A draft folder to save Office Notes that are created through in-built text editor. • Ability to route the Office Note for approval.• Search and check the status of a Note in workflow• Facility to add the approved Office Note in a File.Please confirm our understanding is correct.

As per the RFP

72 RFP _Vol-1Pg no 218 The implementation shall be based on automated workflow management system. If required, SI may use any workflow management software for building all the required workflow features in the ERP application.

As per the RFP, Workflow Management Solution will be required by GNIDA for automating various document intensive processes in the system like Land acquisition,Contract management, Meetings & Room booking,Building Plan Approval, Registration of Architects,Issuance of Occupancy Certificate. So our recommendation is that the Workflow Management System should be based on Business Process Management (BPM) platform which has capabilities such as graphically modeling the processes or workflows, process simulator,

As per the RFP

and integrated Document Management System for storing documents. Please confirm.

73 Pg no 218 The implementation shall be based on automated workflow management system. If required, SI may use any workflow management software for building all the required workflow features in the ERP application.

The required workflow solution should have an inbuilt form designer to design Custom forms that can be attached at one or more stages of workflow.

As per the RFP


The required workflow solution should have a configurable Business Activity Monitoring tool to design reports and dashoards.


75 RFP _Vol-1Pg no 218 The implementation shall be based on automated workflow management system. If required, SI may use any workflow management software for building all the required workflow features in the ERP application.

What will be the number of users who will be accessing the workflow.Also,what will the concurrency of the Workflow users?


76 RFP _Vol-1Pg no 218 Can the system have the tool to extract information from various types of files?

As per our understanding GNIDA wishes to have a reporting tool which allows user to configure their individual dashboard view, report view (tabular/graphical) and number of reports in one screen. Is our understanding correct?

As per the RFP

77 Pg no 23 RTI module requirement As per our understanding,RTI module required by GNIDA which is of the key administrative activity in the organization.RTI Management module required by GNIDA need to be based on BPM framework (workflow)with the following features: • Ability to record incoming RTI queries into the system. • Ability to upload the documents along with the queries. • Ability to route the RTI queries to different department users. • Ability to send the response of the queries to the Applicant who had filed the RTI. • Ability to reopen old RTI request in case of First and Second RTI Appeal. Kindly confirm if the understanding is correct.

As per the RFP

78 General Document Management System What will be the number of users who will be accessing the document management system.Also,what will the concurrency of the document management system users?


79 General Scanning Based on our previous experience in similar cases for different government organization scanning engine should directly upload the document in document management system . Please confirm our understanding is correct.

As per the RFP

80 Volume II\ 2.11\ 19\ Earnest Money Deposit / Bid Security

The bidder shall furnish, as part of its bid, an Earnest Money Deposit (EMD)/ Bid Security of INR 50,00,000/- (INR Fifty Lakh only) through RTGS in prescribed bank account of Greater Noida Industrial Development Authority (GNIDA). No bidder is exempted from furnishing the said EMD. The EMD shall be forfeited in the following cases: a) Any information submitted by the bidder is found to be incorrect. b) If bid is withdrawn during the validity period or any extension agreed by GNIDA and bidder thereof. c) If the bid is modified in a manner not acceptable to GNIDA after opening of the bid. d) If the bidder tries to influence the evaluation process e) If the successful bidder fails to sign the contract in accordance with clause 44.2 “Notification of award”.

Request EMD to be in the form of a Bank guarantee instead of RTGS.


81 Volume II\ 2.2.1\ 8\ Bid Fee

A non-refundable Bid Fee of INR 20,000/- (INR Twenty Thousand only) through RTGS in prescribed bank account of “Greater Noida Industrial Development Authority” (GNIDA).

Request Demand Draft (DD) also to be mode of payment of Bid fee.


82 VOL I/5.4 Design and Develop Web Portal/219

a) SI shall prepare a design document which should specify look & feel / design and layout of the web pages, various functionalities and features of the web portal, mechanism of content management along with mechanism of version control of content.

What all the features will be needed for web portal? Bidder may visit GNIDA and study the requirement. Bidder may contact GNIDA for the same.

83 VOL I/4.2 Design and Development of Web Portal/200

The web portal should be responsive so that it should adjust as per the screen size. Thus, design should be compatible with desktop, laptop, tablet, mobile phone and other handheld devices.

Apart from web portal, any mobile app need to be developed?

In the current scope, there is no requirement of a Mobile Application.

84 To Be Processes in ERP Page 30

Will the existing system be decommissioned and all the funcationalities will be moved to ERP

Correct. All existing systems shall be decommissioned.

85 Page 72 of 79, Vol-II, clause 5.1

EMD Request to consider BG also as an instrument to furnish EMD.


86 Section 4.1, clause f; Pg. 199

The ERP application shall be feature rich and comply with the guidelines issued by the Govt. of India for the development of the government websites/ portal/ Web Application i.e. GIGW.

please provide all guidelines that need to be complied Please refer to MeitY guidelines

87 Clause 11; Pg. 23 Ease of Doing Business Portal Please provide detail on this existing system Details provided in Vol I, Point 1.5 Existing IT Landscape of GNIDA

88 General - Please provide user concurrency for internal users (GNIDA Users) and external users(Citizens/ Residents, Business users)

The users pattern shall be similar to usage in any municipal body. The Bidders are encouraged to make assumptions on their own based on the city population and Staff strength of Authority as per the RFP.

89 Section 5.12, clause I; Pg. 225

SI shall conduct training sessions at the location(s) prescribed by GNIDA and each training session should be of 8 hrs which shall include minimum 6 hrs of training.

Please provide training location details All training to be conducted in GNIDA premises

90 RFP Vol-1 External Integration Please Clarify: What are the agencies with which External Integration is to be carried out? What is the method/ mechanism of data transfer which is to be used?

Integration requirement with External Agencies shall be finalized during Business Blueprint.

91 RFP Vol-1 Training Please Clarify: What would be the batch size for training? What would be duration of training? Whether the infrastructure for training would be provided by the client viz. Computers, Training room etc.? Whether the training for all the users be conducted at a single location?

Details provided in Vol I, 5.12 Training and Capacity Building

92 RFP Vol-1; Pg. 220 Data Migration 1. Please let us know the amount of data to be migrated (for example type and quantum of master data, open items, balances etc.). We can provide the necessary templates and upload data, however we expect pre defined Team would fill the Template. Please confirm your acceptance of this

Bidder may visit GNIDA and study the data volume required for data migration. Bidder may contact GNIDA for the same.

approach.2. What is the quantum of Data to be migrated/entered - please give module wise details? Who will provide infrastructure for data entry? Is this referring to one time legacy- cutoff data entry or day to day operations as well?3. Please confirm size of electronic data that needs to be migrated to the new system. 4. Other queries :• What is the current database size? Is it required to retain current data after migration?• What is expected Data Growth? What is the data retention policy?• How frequently data needs to be archived?

93 RFP Vol-1 Is setting up of the disaster recovery site in scope of SI? If yes, Who will provides the link between DC & DR ? Does SI needs to consider the cost for DC-DR link. What is the bandwidth required for DC –DR link ? What will be the RPO/RTO expectation o in the case of disaster happens at DC site? Please specify the SLA details as well.

Bidder should Commission Cloud Platform and Disaster Recovery Centre along with supporting software/ tools. Bidder to factor in all associated cost for hosting the entire solution on cloud. RPO is 30 mins and RTO is 4 hours.

94 RFP Vol-1 General Please confirm if Payment /SMS/ EMAIL gateway transaction fee would be borne by government or not

GNIDA will bear the setup and running/ operational cost of e-Sign, payment gateway and SMS gateway services, digital certificates etc.

95 RFP Vol-1; Pg. 233 General Scope - Asset management services i.e. creation of a database of all the IT hardware and software assets, record installation and removal of any asset and inform GNIDA even if it is temporary, register all the licensed software with the respective OEMs and maintain the registration details.

If the solution needs to be hosted in cloud the hardware warranty will be out of scope . Please confirm

Please refer to Point No. 5.22 (a) General Scope in Vol I, wherein it states "The SI must provide comprehensive on-site warranty/ on-site maintenance duly backed-up by authentic OEM support for the entire IT infrastructure supplied and installed under the project and thereafter during maintenance phase for the entire period of contract as per the agreed SLA".

96 RFP - Vol-1; Pg. 214 Enterprise Management System: SI is required to design, supply, install, train, customize, test, implement, rollout and maintain the EMS application and hardware at the DC and DRC as per the requirements of this RFP.

Since the solution is hosted as PAAS , there are no procurement of hardware . Do we need to procure the hardware (servers , storage ..) Please confirm

All the requisite hardware will be hosted over PaaS. Hence, no need to buy hardware.

97 RFP - Vol-1; Pg. 208 Hosting Services Can we host the PAAS service in public cloud . Please confirm

SI need to set up Private Cloud for GNIDA.

98 General RPO & RTP Kindly provide RTO & RPO requirements RPO is 30 mins and RTO is 4 hours.

99 RFP - Vol-1; Pg. 227 5.14.2 Helpdesk Support Kindly confirm IVRS is required No

100 RFP - Vol-1; Pg. 222 5.9 Commissioning of ERP Application and Web Portal Only after the successful completion of UAT and TPA report by GNIDA (including Security Testing from the CERT-In empaneled agencies), the application software shall be deployed on the production environment.

Kindly confirm the UAT, testing is to be done at on premise . The required infrastructures (servers , softwares , DB , Desktop , Tools ) for UAT and testing would be provided by department

UAT shall be done at GNIDA premises. Bidder to provide all requisite hardware and software infrastructure for the UAT

101 Training Kindly provide the following details1) How many users needs to be trained 2) Can the training be conducted at a centralized location

1. As per the RFP2. Yes, at GNIDA

102 Vol-I, 5.14; Pg. 227 Post completion of the 5 years of AMC period, GNIDA in its own discretion, may extend the maintenance contract for, one year at a time.

Any further extension post competion of 5 years will be mutually decided.


103 Vol-I, 6.3; Pg. 236 Service Level Payment of 2% of (total project value) the equated quarterly payment is linked to the compliance with the SLA metrics.

It is 2% of qrtrly payment or total project value, please clarify.


104 Volume I

105 6.3 Service Levels 6.3 Service Levels

106 RFP_Vol_1/7.0/245 Project Schedule The timeline provided for Data Migration is found to be challenging, can it be changed from T+34 Weeks to T+38 Weeks ?

Project Plan shall be finalized by bidder during the Project Inception Stage in consultation with GNIDA. However, the Go-Live of the

project should comply to - T + 46 Weeks

107 RFP_Vol_1/5.4.1/227 Technical Support The timing for Technical support will be 24x 7 or 9:30 AM to 6:30 PM ? Please clarify

9:30AM to 6:30PM from Monday to Saturday (except national holidays)

108 RFP_Vol_1/5.14.3/229

Business Operation Support ii. The Business Operation Support staff should have a varied combination of educational background like Engineers, Architects, Accountants/ Finance etc. to cover diverse business needs of GNIDA.

Do SI need to provide business operation support staff with skill set of Technical Architect/Solution Architect or Architect (civil) and similarly Account/Finance ? Please clarify the statement.


109 RFP_Vol_1/4.7/206 Integration The correponding person/team of the existing application which will be integrated with proposed system will be available for support ?

Yes

110 RFP_Vol_1/6.0/235 Service Level Agreement Suggestion: Penalty should be capped 20% for operation and maintenance period.

As per the RFP

111 RFP Volume 1, Clause 6.10, Page 243

In the event of termination of contract on the basis of non-performance by the SI as per SLA, SI will be solely responsible for risk and cost factor thereon.

We propose such additional cost in no event shall exceed 10% of the difference between the charges that would have been payable to us for the affected services and the additional cost incurred


112 RFP VOL 1- 1.5 Existing IT Landscape of GNIDA

IT systems and software currently utilized Can you provide list of Existing applications which are getting sun set and needs to be moved to ERP

All existing legacy systems shall be replaced by the proposed ERP solution.

113 RFP VOL 1 -7.0 Project Schedule

Project Schedule Project time line for UAT , Training and Testing is given just 2 weeks each . Request to increase time lines from Over all 46 weeks to 60 weeks

Project Plan shall be finalized by bidder during the Project Inception Stage in mutual consultation with GNIDA. However, the Go-Live of the project should comply to T + 46 Weeks

114 RFP Vol 1 4.10 Hosting Services

Hosting Services For the cloud option , is there any choice to have Private cloud or Public Cloud

SI need to set up Private Cloud for GNIDA.

115 RFP Vol 1 Business Operation Support

5.14.3 Business Operation Support For the operation support our support resources are required at Onsite or they can provide Operation support from Offshore as well

All support services to be provided on-site at GNIDA

116 General General For the ERP Implemnation do we need to keep all resources at onsite or they can work from Offshore as well

Manpower resources for the ERP implementation services to be provided onsite at GNIDA premises.

117 General General In case of offshore option , Can SI get the offshore connectivity

Manpower resources for the ERP implementation services to be provided onsite at GNIDA premises.

118 RFP VOL 15.14.4 Change Request

Change Request For the Change Request option of 5.14.4 what is the maximum change request scope needs to be considred in terms of man days

Change requests shall be analysed and evaluated first and then shall be decided.

119 General General Is there any Travel involed for providing Training to the end users

All trainings to be provided at GNIDA premises

120 General General What would be the Project site eg from where Project would be executed

GNIDA, Greater Noida

121 Volume 1 / Section 4.11: Online Training and Help Facility, page 208

a) The system should have comprehensive online help facility (user manuals, self-running demos) wherein the users can obtain system specific technical/ functional help online.

What type of self-running demos you are referring here… is that Web Based Training module (WBT)? Do you need assessments for these modules? Where to host these modules? Need more clarity on this.

Web based product demos for self learing by the Users (both functional and technical)

122 Volume 1 / Section 5.12: Training and Capacity Building, page 224

SI shall also ensure proper training to the designated end-users on the ERP system so as to make them well conversant with the functionalities, features and processes built in the proposed system.

Only End user training will fulfill the requirements or do you require Technical / Core User Training also? Need confirmation.

Bidder shall provide Core User Training, Technical training and End User training to all the End Users of the solution.


e) Retraining of the above staffs whenever significant changes are implemented in the ERP application and/ or personnel.

How many Re-training sessions to be conduct in a year? Is this training is on department wise? Need more inputs.

Re-training requirements shall be discussed during project implementation period or whenever there is any significant changes in the application.


i) SI shall conduct training sessions at the location(s) prescribed by GNIDA and each training session should be of 8 hrs which shall include minimum 6 hrs of training.

Need more details on training locations. Training to be provided at GNIDA premises


k) The SI shall ensure that all the training documentation in Hardcopy and Softcopy is in place (user training, operation procedures, visual help-kit etc.).

Need more details on visual help-kit and what needs to be covered in this? Is this part of self running demo videos?

Visual help-kit consists of presentation slides, self-learning demo's etc.

126 Volume 1 / Annexure-1, page 246

Department-wise User Details and Business Operation Support Staff & Training Requirement Sheet

Based on this annexure, we understand that we need to train overall 464 users from 44 Training Sessions for 15 different types of department on different modules of ERP.Kindly share - 1. department wise Training duration of

1. As per the RFP2. GNIDA

each session or batch.2. Location of training either on department wise or session / batch wise.

127 RFP_Vol_I.pdf, Technical Requirement Specifications, page 199

All the software (if any) along with proposed ERP system shall initially be supplied with a 5 (five) years comprehensive on-site OEM warranty/ support

Bidder proposes to have the Hybrid support model, very minimal presence of on-site resource from critical modules and rest of the modules of ERP to be support from its off-shore delivery centre. Please confirm whether it is acceptable to authority, if yes please amend this clause.

All support services to be provided on-site at GNIDA

128 RFP_Vol_I.pdf/5.14 Annual Maintenance Contract (AMC), page 226

The SI shall make available and implement all upgrades including definitions/ patches/ updates/ service packs etc. proposed ERP application and related software/ tools during the AMC period

Carrying out Technical/ Functional Version/EHP upgrades requires subject matter experts for implementation and this being time bound implementation therefore this such upgrades to treated as projects and same will be charged additionally. Patch Upgrades, Service pack upgrade and Snote implementation will be covered as part of support scope. Please confirm whether it is acceptable to the authority and amend this clause.

As per the RFP

129 RFP_Vol_I.pdf/5.14 Annual Maintenance Contract (AMC)/5.14.1 Technical Support, page 227

During this phase, SI shall deploy 7 fulltime technical resources for providing technical support for the entire contract period of 5 years at GNIDA.

Please confirm whether the deployment of 7 fulltime technical resources are mandatory or bidder can proposes the number based on the its own assessment. Also plz. confirm whether bidder can propose technical support from its off-shore delivery centre also.

As per the RFP


During this phase, SI shall deploy 7 fulltime technical resources for providing technical support for the entire contract period of 5 years at GNIDA.

Please specify the support window timing for technical support.

9:30 AM to 6:30 PM from Monday to Saturday (except national holidays) for Technical Support


The helpdesk shall also be understanding and resolving the internal user’s queries/ issues regarding use of ERP system. If it can’t be resolved then communicate it to the helpdesk/ create a ticket.

Please specify whether Authority is currently using any ticketing tool for raising the ticket or bidder is required to propose ticketing tool also for creating any ticket related to proposed ERP system.

Bidder is required to propose ticketing tool for creating tickets related to proposed ERP system.

132 RFP_Vol_I.pdf/6.3 Service Levels /Service Level for Change Request, page 240

Analysis, Evaluation and Implementation of Change Request Please elaborate in details about the qualification criteria defined by the Authority. Partner proposes the concept of Minor and Major changes where Minor Changes will be considered as < = 5 man-days of efforts and efforts > 5 man days will be qualify for change requests. For Handling Minor and Major changes, Fixed capacity bucket per year will be

Service levels shall be as per Point No. 6.3, Volume I

defined for handling such changes? Please confirm whether it is acceptable to the authority.

133 RFP_Vol_I.pdf/6.3 Service Levels /Service Level for Change Request, page 240

Measurement of time taken in analyzing, evaluating and implementing the Change Request.

The effort required for deployment of any change has to be studied thoroughly, discussed and mutually agreed before proceeding with the changes. Please confirm if it is acceptable to the authority.

As per the RFP


Table 3: Existing IT Landscape of GNIDA Applications mentioned in the table, is GNIDA planning to replace all of the mentioned applications with new ERP functionalities or only an integration with ERP is expected. Please confirm. Please mention which applications are planned to be replaced and which are to be integrated.

All the legacy system shall be replaced by the ERP solution at GNIDA.


Training and Capacity Building Please confirm if the training will be catered from a centralized training location, if not kindly specify the different training locations.

Training to be provided at GNIDA premises


The ERP application should provide dashboards to various users.

Please confirm the approximate numbers of dashboard users.



Understanding/ assessment of existing applications from prospective of integration with proposed application

Are the integration with proposed applications required on real time basis or in batch mode. Please confirm.

Any integration with the proposed ERP solution shall be on Real time mode


Configuring the specific system modules and third party applications.

Please confirm if third party application configuration will also be in SI's scope.

Yes

139 General Project location Please confirm the Centralized Project location. GNIDA office, Greater Noida


The SI will be responsible for integration of ERP application and Web Portal

Please suggest the approximate volume of data and the frequency of data exchange between the mentioned applications and ERP system.

Bidder may visit GNIDA and study the data volume. Bidder may contact GNIDA for the same.


The ERP application should be able to generate user friendly MIS reports, Graphical reports etc. in customized and standard form. The following types of reports, but not limited to, are required to be generated from this sub module.

Please provide a exhaustive list of various types of reports that is expected out of ERP system.

List of reports shall be finalized during business blueprint stage


Table 3: Existing IT Landscape of GNIDA Please specify the Product/ Technology used for Document Management System (which we assume that need to be retained and integrated with the ERP system).

As per the RFP


Table 3: Existing IT Landscape of GNIDA Please provide the approximate number of tables/ entities along with the data volume for the data to be migrated.


144 Volime-1, section 4.14, page 210

a) The system should provide well-designed identity management system, security of digital assets, data, network security, backup and recovery/ disaster recovery system.

Please confirm whether a IDAM system to be proposed as part of the solution? Are there any IDAM or Directory Server which is currently in use, which is expected to be reused?

Bidder shall propose identity management system, security of digital assets, data, network security, backup and recovery/ disaster recovery system as per requirements stated in Point. No. 4.14 in Vol I.

145 Volime-1, section 5.1 & 5.2, , page 216-219

5.1 Business Process Analysis 5.2 Requirement Study and Preparation of Business Blueprint & Design a) Although, an indicative FRS has been provided, the bidder is responsible to carry out an independent system study at GNIDA headquarter and field offices, to thoroughly understand the functional and operational processes of authority by: … g) Based on the above study, preparing the Business Blueprint Document clearly highlighting the gaps and the best practices available in the proposed solution. The document will indicate the additions/ modifications that need to be made to the business processes in view of the RFP implementation. The SI shall obtain the Sign-off on Business Blueprint Document from GNIDA.

Please confirm the understanding that this study will be to obtain details of the functions & processes defined in the RFP. Any additions/ modifications, which fall outside the scope boundary defined in the RFP will be considered via a change request process.

The FRS provided in the RFP is only indicative. The bidder is required to carry out an independent system study at GNIDA headquarter and field offices, to thoroughly understand the functional and operational processes of authority. All the functional processes of GNIDA need to be implemented in the ERP soluition.


5.14 Annual Maintenance Contract (AMC) Please confirm the understanding that the support need to be provided on working hours - 9 X 6. If not please clarify the support window.

Technical support to be provided from 9:30AM to 6:30PM from Monday to Saturday (except national holidays).


5.14 Annual Maintenance Contract (AMC) Please confirm whether an onsite-offshore support is acceptable. Also please clarify on the locations of support (Confirm on support from a centralized location)

Support to be provided on-site


c) The SI shall make available and implement all upgrades including definitions/ patches/ updates/ service packs etc.

Please confirm the understanding that the major product upgrades will be considered via change request as these

All upgrades including definitions/ patches/

proposed ERP application and related software/ tools during the AMC period.

may have significant impact/ customization & testing efforts.

updates/ service packs etc. during the contract period of 5 years is part of the project scope.


e) Retraining of the above staffs whenever significant changes are implemented in the ERP application and/ or personnel.

Please clarify the re-training interval expected (due to small changes accumulation and staff change) Also please confirm whether, for large change requests (say above 10PM), the training cost also will be included as part of change request cost.

As per the RFP

150 General Open clause such as 'not limited to', 'etc.', 'including', 'such as' and 'like'.

At some places in the RFP such open clauses keep the scope / activities open. Our understanding is that this refers to the system being extensible to take up requirements which are not foreseen now/ may come up later; however the changes will be analyzed for impact via a change request. Please confirm. Request to either remove/ refine these open words or add an overriding statement to indicate the above meaning to get rid of a contractual obligation to accept any changes.

As per the RFP

151 Volime-1, section 5.9.1, page 223

iii. In case there is any requirement of application specific server at any point of time, the supplier shall be required to provide the same also without any additional cost to the GNIDA.

Please modify this to include the clause 'unless resulting from a change request'

As per the RFP


f) Assessment of Training Effectiveness: Evaluate effectiveness of training programs and workshops by obtaining formal feedback from each participant after completion of each training program/ workshop. The SI will be responsible for re-conducting the training of the whole batch in case the average score is less than 70% and the additional cost of such re-training sessions shall be borne by the selected bidder himself.

Suggest the re-training decision not only based on the participant feedback as it is subjective. Suggest to have a mutual discussion in case satisfaction level is lower to have final decision.Also the maximum re-trainings to be limited to 2 for any training.

As per the RFP


What is the current RPO & RTO for various categories of the application?

RPO is 30 mins and RTO is 4 hours.

154 Disaster Recovery and Back-up Policy, page 233

All the existing application have DR? All the existing legacy system shall be replaced by the proposed ERP application

155 Vol-1 4.18 Enterprise Management System, page 213

4.18 Enterprise Management System There is no technical specification in RFP. 1- Should we propose monitoring tool as per the functionalities asked in this section? And as per SLA mentioned in the RFP

Bidder to propose Enterprise Management System solution so as to comply with

the SLA criterias provided in the RFP document.

156 Vol-1 4.18 Enterprise Management System, page 214

iv. Asset Management Should SI have to consider software asset management also along with hardware asset management? Or only hardware asset management is required ? Please clarify.

As per the RFP

157 General Query related to EMS/NMS tools 1- Is HA expected for all the asked EMS components? Or bidder should consider HA for critical EMS component.? Please clarify. 2- Is DR expected for all the EMS modules? Please clarify.

Bidder shall propose HA for the complete application. There should be 100% backup of DC at DR.

158 General Query related to Helpdesk/ ticketing tool 1- How many end users are expected to access helpdesk for ticket logging? 2- What would be user concurrence that we should consider while designing helpdesk solution?

1- All the Internal Users of GNIDA 2- Bidder to assess the concurrence

159 5.14, vol1 page 226 Carry out preventive maintenance services at least once in a quarter (3 months).

Is this related with Application or Hardware Bidder shall carry out preventive maintenance services for the entire solution to be implemented at GNIDA

160 5.14.1, vol1 page 227 During this phase, SI shall deploy 7 fulltime technical resources for providing technical support for the entire contract period of 5 years at GNIDA

Pls. share the qualification and job description of all the resource deployed in O&M phase as this is not mentioned in Annexure-1


161 5.14.1, vol1 page 227 The SI is required to provide detailed profile of the team proposed for technical support during AMC phase, in technical bid

Bidder will submitted the profiles at the time of bid, but not sure to deploy the same resource at the time of AMC phase as there is a lot of months gap between bid and AMC phase.

In that case, qualification of the new proposed team members should be equal or of higher qualification as defined in the RFP.

162 5.14.2, vol1 page 227 During this phase SI shall deploy a team of 3 helpdesk support personnel at GNIDA

Pls. share the tentative call volume so that accordingly helpdesk will be sized, also pls. share the tentative % of call voulme increase over the period of 5 years.

Tentative call volume cannot be determined at this stage. Bidder to propose minimum 3 helpdesk support personnel on-site at GNIDA

163 5.14.2, vol1 page 228 In normal circumstances, helpdesk would be functional from 9:30AM to 6:30PM from Monday to Saturday (except national holidays). But in special circumstances, GNIDA may request for the availability of helpdesk team at any point of time, and the SI shall ensure the availability of team as per the requirement of GNIDA.

Customer will inform atleast 48hours prior, so that bidder will align the resources acordingly and bidder will provide the compensation off against the same as well.

All necessary cost for helpdesk support during the contract period to be included in the bid price.

164 5.14.2, vol1 page 228 HMS shall allow users to create a ticket for any problem/ issue faced by them. If required, helpdesk team member shall create a ticket on behalf of someone else, and also close the ticket only by him/her after the resolution of the problem.

Do we need to provide Tool acess to all the user or specific to some user. Pls. clarify.

Tool access to be given to the helpdesk support staff

165 5.22, vol1 page 233 Asset management services i.e. creation of a database of all the IT hardware and software assets, record installation and removal of any asset and inform GNIDA even if it is temporary, register all the licensed software with the respective OEMs and maintain the registration details.

Bidder will only own the Asset Management Day to day activities, Physical security of IT Hardware/Software and Store management will not be part of this scope. Pls. clarify on the same.

Physical security of IT Hardware/Software and Store management is responsibility of the Cloud Service Provider. However, SI shall be responsible for ovearll management of the project as per the RFP clauses.

166 5.22, vol1 page 233 Vendor management services i.e. coordination with external vendors/ OEMs/ CSP/ BSP etc., maintaining the database of all the vendors with their contact details.

Bidder will only do cordination with the IT vendors/OEM's apart from the customer will own the complete responsibilty(SLA's, contracts etc).

As per the RFP

167 Vol 1 , 4.7, page 206 Payment gateway: The application and web portal would provide the online payment services (for payment of bills, fee etc.) through integration with the payment gateways. The application shall support card payments using all the popular debit and credit cards, net banking, wallets, and other popular payment methods.

Please confirm following 1) The card payment etc will be handled by payment gateway. Only inegration with payment gateway is required. 2) How many payment gateways need to be integrated.


168 Vol 1 , 5.5, page 219 Integration requirements : Please provide details of following systems/ applications: a) Digital certificate services b) Document Management System (DMS) c) Content Management System (CMS)

As per the RFP

169 Vol 1 , 1.5, page 24 table 3 , Existing IT landscape of GNIDA Data Migration

Please provide following details of each source: 1. No Of tables to be migrated 2. No Of records in each source.


170 Vol 1 , 4.3, page 200 The proposed system should have the capability to work in online as well as offline mode.

Please provide details of functionalitiies required in Offline mode.


171 Vol 1 , 4.19, page 214 Ad-hoc Reports: Application should provide ad hoc query & analysis capability so that business users could create new analyses from scratch or modify existing analyses.

Please provide the number of users who will be using this feature.


172 Vol 1 , 5.12, page 224 Training and Capacity Building we assume all these trainings will be conducted at one location only., pls confirm

All requisite training to be conducted at GNIDA premises

173 4.3, Vol1. 201 The architecture should be highly scalable and capable of delivering high-performance as and when transaction volumes increase. It is required that application and deployment architecture should provide the flexibility of Scaling-up (vertical scaling) and Scaling-out (horizontal scaling) on Application and Web Servers, Database Servers, and all other solution components

The Sacling vertical and horizontal will be mannual, not automatic, is it fine with the customer. Also scaling on DB servers is not possible or is very limited, Pls specify.

Scaling should be Auto-Scaling on all Application and Web Servers, Database Servers, and all other solution components

174 4..10, Vol1. 208 Scalability: The configuration of the cloud platform is expected to have adequate upgrade capability in terms of processors, RAM, disk storage etc. which should be achievable with minimum disruptions to running system/ processes and no additional cost to the GNIDA.

There will be additional cost if we scale the Infra, Pls agree on same

No additional cost shall be paid by GNIDA for scaling of infrastructure during the contract period. Bidder to study the requirement and account for it in their price bid.

175 4..10, Vol1. 208 Reliability: the cloud platform should be reliable and there should not be any outages. Cloud platform should always run in redundancy/standby mode so that in case of any outage system should automatically switch to the standby servers. The ensure reliability SI shall commission equipment manufactured by reputed companies which have 24×7 prompt support to address any unforeseen challenges.

There will not be any dedicated or physical equipment, it will be in shared cloud, is it Ok with customer. Solution should be commitioned for switchover in case of outage

SI need to setup Private Cloud for GNIDA.

176 4..10, Vol1. 208 The SI shall formulate an effective back-up strategy and disaster recovery plan and shall be responsible for implementing the same at the time of commissioning of ERP application

Pls specify Back-up or DR policiy you want to deploy. There should be 100% backup of DC at DR.

177 4.14, Vol1. 211 Firewall with Intrusion Prevention System shall be configured and deployed to stop intrusion and other threats coming from the network before it enters the ERP system

There will be shared virtual firewall, is it Ok with customer, pls specify.

Bidder to propose dedicated Firewall system for GNIDA. Shared firewall will not be acceptable.

178 Page 226 a) The SI shall warrant that the infrastructure supplied to GNIDA for this Project shall have no defects arising from design or workmanship or any act or omission of the SI. The warranty shall remain valid for the Contract period on all the items supplied as per the Contract. b) Warranty and AMC/ ATS will start post Go-live.

Bidder requests modification: - a) The SI shall warrant that the infrastructure supplied to GNIDA for this Project shall have no defects arising from design or workmanship or any act or omission of the SI. The warranty shall remain valid for the Contract period on all


c) The SI shall replace any parts/ components of the IT infrastructure supplied for the Project if the components are defective. d) The SI shall apply latest upgrades for all the hardware components after appropriate testing during the entire warranty period. GNIDA will not pay any additional costs separately for warranty, and the overall IT infrastructure cost quoted by the SI shall include the same.

the items supplied as per the Contract. b) Warranty and AMC/ ATS will start post Go-live. c) The SI shall replace any parts/ components of the IT infrastructure supplied for the Project if the components are defective. d) The SI shall apply latest upgrades for all the hardware components after appropriate testing during the entire warranty period. GNIDA will not pay any additional costs separately for warranty, and the overall IT infrastructure cost quoted by the SI shall include the same.

179 Page 227 k) Post completion of the 5 years of AMC period, GNIDA in its own discretion, may extend the maintenance contract for, one year at a time.l) During AMC phase, SI shall be responsible for (including following, but not limited to):

Bidder requests modification: -k) Post completion of the 5 years of AMC period, GNIDA in its own discretion, may extend the maintenance contract for, one year at a time on terms and conditions mutually agreeable to both the parties.l) During AMC phase, SI shall be responsible for (including following, but not limited to):


180 Page 243 In the event of termination of contract on the basis of non-performance by the SI as per SLA, SI will be solely responsible for risk and cost factor thereon. In such an event, the performance Bank Guarantee furnished by the SI will be encashed and will stand forfeited.

Bidder requests modification: - In the event of termination of contract on the basis of non-performance by the SI as per SLA, SI will be solely responsible for risk and cost factor thereon. In such an event, the performance Bank Guarantee furnished by the SI will be encashed and will stand forfeited.


181 6 - Service Level Agreement, page 235, 6 - Service Level Agreement

As per RFP Request to clarify below capping-c. Payment of 2% of (total project value) the equated quarterly payment is linked to the compliance with the SLA metrics. Request to add-Overall penalty is capped at 2% of Total contract value.

As per the RFP

182 General Queries How many web applications that will be in scope for vulnerabiliy assessment and penetration testing?


183 General Queries How many of these applications are internet facing? How many are internal?

As per the RFP

184 General Queries What is the technology landscape of the web applications? (e.g., Java, .NET, PHP etc.,)

Please refer to Table 3: Existing IT Landscape of GNIDA in Vol I, page no. - 24.

185 General Queries What can we assume to be the rough average size of applications (in terms of number of Lines of codes) for White box testing across a classification of Small (say 50 KLOC for a small app), medium (100KLOC for medium),

Shall be finalized during implementation phase

large (150 for large)? Can you please provide a breakup on the number of applications in each category?

186 General Queries What can we assume to be the rough average size of applications (in terms of number of web pages) for Black box and Grey Box testing across a classification of Small (say 50 pages for a small app), medium (100 pages for medium), large (200 pages for large)? Can you please provide a breakup on the number of applications in each category?


187 General Queries Please provide the typical turnaround time for an application to be available for rescan/retest? (E.g., 4 weeks Time period for fixing vulnerabilities)? What is the expected frequency of testing?

Vulnerability Assessment shall be done once before the Acceptance of the complete solution. After that whenever there is a major change in the solution, the vulnerability testing needs to be performed by the SI. All the testing and related activities will be carried out by the SI at its own expense and at no additional cost to GNIDA.

188 General Queries What type of test environment will be provided for security testing? (e.g., UAT, Pre-Prod etc.,)

Please refer to Point No: 5.8 Acceptance Testing, page no. - 221 in Vol I

189 General Queries Are the applications developed in-house or by 3rd party vendors?

As per the RFP

190 General Queries Are the applications hosted internally or by 3rd party vendors or in cloud such as AWS?

As per the RFP

191 General Queries Are there any security testing tools (e.g., IBM AppScan, HP WebInspect, Acunetix, Burp Professional etc.,) available? If so, please specify the number of licenses available and associated terms and conditions

As per the RFP

192 General Queries How many infrastructure assets are in scope for Vulnerability Assessments? And Penetration Testing?


193 General Queries Can you provide a divide between internal and external assets?


194 General Queries What is the expected frequency of Vulnerability assessments and penetration testing?


195 General Queries Please provide total count of Firewall along with firewall make and model details

SI has to propose dedicated firewall for the project.

196 General Queries is they any additional services like (IPS/IDS, Content filtering, Antispam etc.) are enabled, if yes please provide the split

No such services available currently

197 General Queries Is this firewalls are configured in redundant mode.? No such services available currently

198 General Queries Please provide total count of proxy devices which are running in network along with make & model details


199 General Queries Please provide total number of users who would be accessing proxy services


200 General Queries Please let us know if any additional services like (Antivirus, Anti-malware DLP etc.) are enabled, if yes please provide details around it

No such services available

201 General Queries Is there any Email solution which is currently running in network. If yes, please provide complete details around it.

GNIDA is currently using Outlook e-mail for all employees above Manager rank.

202 General Queries Please provide total number of Endpoints & Server split which are running in network, also please let us know which all services ((AV, Anti-Malware, Antispam, Encryption, DLP etc.) enabled


203 General Queries Please provide total number if users who would be connecting to Remote Access VPN, also please provide Remote Access VPN make model and total number of devices which are running in network.


204 General Queries We understand IHC is having DDOS protection services. Is this an on-premises/cloud based or hybrid model.? Please provide complete details around it (ex: how many devices, what is the clean pipe capacity)

Not relevant

205 General Queries What kind of support is required 24 *7 or 8 *5 As per the RFP

206 General Queries Is customer is open to look for Hybrid support model All support to be provided on-site at GNIDA

207 RFP_Vol_I/4.17/213 Database should support data mining techniques and allow seamless integration with a data warehouse.

The requirement talks about Database integration with Data Warehouse, are you looking for data warehouse implementation as part of project scope? If yes, please help us with the below details: 1) Various Data Sources that needs to be integrated? 2) Data Volume of these data sources? 3) Data format of source systems 4) Data Retention period in warehouse 5) Does High Availability and Disaster Recovery is part of requirement

As per the RFP

208 RFP_Vol_I / Page 200 / 4.3 System Architecture

d) The proposed system should have the capability to work in online as well as offline mode.

ERPs are not designed to work in Offline Mode. Request you to please delete this clause. If any specific functionality is required in Offline mode, kindly eloborate the functionality.


209 RFP_Vol_I / Page 213 / 4.17 Database

a) Sensitive application data should be encrypted before saving it in the database and decrypted before it is returned to the application.

Pls note that innovative databases like In-Memory databases keeps all the data in-memory and hence, does not need to perform above tasks every time. However, data at rest on disk as well as in backup will be encrypted if encryption is enabled. Hope this is okay

Bidder may propose In-Memory database. However, data at rest on disk as well as in backup should be encrypted.


d) Database should be able to compress structured data and unstructured data such as documents, images, and multimedia in OLTP mode, and query execution should be faster on compressed data

Please clarify about the meaning and purpose unstructured data like images and multimedia in OLTP mode? While compression of structured data and querying on the same compressed data is possible. Not able to understand the same requirements on unstructured data. Request you to remove the same.

This is to clarify that Documents, Images and multimedia need to be stored separately in content server

211 RFP_Vol_I - 4.7 Integration, page 206

The system should be designed to ensure that current and new applications can be seamlessly integrated (through an application integration solution using XML) within its architecture with minimal impact and changes.

With respect to integration with existing applications, are changes to those applications (if required) for integration in-scope?

All the existing legacy systems shall get replaced by the proposed ERP application

212 RFP_Vol_I - 5.1 Business Process Analysis, page 216

SI shall study the business processes to supplement the understanding gathered from the high level business processes included in this RFP document. Therefore, SI’s objective should be to develop comprehensive understanding of the existing business processes of GNIDA before designing/ proposing the ERP solution.

Request to share more detailed information on the existing business processes for our understanding

Please refer to Section 1.4, Vol I. Detailed FRS is provided in Section II, Vol I

213 RFP_Vol_I - 5.6 Data Migration, page 220

a) The SI shall be responsible to carryout data collection, data preparation, data validation, data cleansing/ correction, data entry and data migration for all kinds of master data and transaction data required to successfully implement and operationalize the proposed system. b) Undertake data migration from the legacy systems and other electronic data presently available with GNIDA.

Request more clarity on the format / file types, complexity, expected volume to be migrated, etc.

Bidder may visit GNIDA and study the data volume, type etc. required for data migration. Bidder may contact GNIDA for the same.

214 RFP_Vol_I - 5.9.1 Hosting Requirements:, page 223

SI shall be responsible for hosting the ERP application and web portal on the cloud platform on Platform as a Service (PaaS) model.

As per the RFP

215 RFP_Vol_I - 5.12 Training and Capacity Building, page 225

Training of staff is essential for ensuring that the implementation of ERP is actually put to use. Hence, the SI shall also ensure proper training to the designated end-users on the ERP system so as to make them well conversant with the functionalities, features and processes built in the proposed system.

Request more clarity on the user classification, and approx. count of end-users for whom training has to be provided, no. of days to finalize the training plan. We have noted each batch size has to be 20 users.

All the end users need to be trained by the bidder. Please refer to Point. No. 5.12, Vol I

216 RFP_Vol_I - 5.14,page 226

SI shall transfer the ownership of the ERP application and web portal along with the source code i.e. code of all bespoke modules or sub-modules developed/ customized/ configured/ procured. All the licenses and support related documents should be in the name of Greater Noida Industrial Development Authority.

Request to remove this clause. As per the RFP

217 RFP_Vol_I - 6.3, page 236

Payment of 2% of (total project value) the equated quarterly payment is linked to the compliance with the SLA metrics.

Is this the maximum SLA penalty. Request to consider a cumulative cap on SLA Penalty?


218 RFP_Vol_I - 5.8, page 221

Acceptance Testing Request to include timelines for GNIDA to confirm acceptance, (for example: 15 days from date of deleivery/testing.) Also, please include a provision for deemed acceptance if GNIDA does not signfy acceptance or rjection with in the said 15 days.

As per the RFP

219 RFP _Vol-1, Pg no 170, 207, 219

Document Management System Request you to include the following specification to ensure best of breed solution and this will also enhance the scalability of the system : The system should store only index information in database while images should be stored in separate file server.DMS

As per the RFP

should be designed for storing high volumes. DMS should store image and binary document in a separate file server and not in RDBMS. Please confirm.

220 RFP _Vol-1Pg no 26 File Tracking System Based on our previous experience in similar cases for different government organization correspondence management is also required along with file management system which should be build on workflow standard and guidelines of DARPG- Department of Administrative Reforms And Public Grievances.Please confirm our understanding is correct.



As per our understanding,GNIDA requires a workflow solution which should comply to various open workflow standards such as BPMN 2.0, BPEL, WFMC.Kindly confirm

Workflow solution should comply to all open workflow standards


As per the our understanding, GNIDA needs the capability of Inbuilt configurable rules engine as part of process automation. So taking the requirement into consideration, we recommend that Rule engine should have atleast the below mentioned capabilities in it: 1) Rule Engine should have a complete web based environment for the design, definition, testing, rule management operations and deployment of rules. 2) Rule Engine should have the web standard interfaces such as Web Services Definition Language (WSDL), XML Schema Definition (XSD), and Simple Object Access Protocol (SOAP) so that it can communicate with other applications based on open standards. 3) Solution should have the capability to deploy rules as the web service. 4) Solution should have the capability to define rules through “If else” statement or through “Decision Table”. 5) Audit logging of changes/modifications done in the rules. Please confirm.

As per the RFP

223 General Data Migration Is there any data Migration in scope?If Yes,Kindly provide the details for the same

Data migration is responsibility of the bidder. Please RFP document.

224 General Volume of digitized data, that the Nigam will manage, will increase many fold as a result of computerization. This data will come from multiple sources including internal users, telemetry systems, business partners, external vendors etc, giving rise to the need of managing this data efficiently and smartly

Kindly share the details (no of documents/pages/size of the documents/age of data)for data digitization scope for back log and ongoing activities envisaged as a part of the project.

Bidder may visit GNIDA and study the data digitization requirements. Bidder may contact GNIDA for the same.

225 Page no. 207, Data Migration

SI is expected to carry out independent exercise for assessment of data source, data format, and data fields and number of records before data migration. SI should provide data migration templates to GNIDA for data migration works.

Kindly Advice – Please Explain, which type of Data need to be migrated.

Bidder may visit GNIDA and study the data volume, type etc. required for data migration. Bidder may contact GNIDA for the same.

226 Page no-226, Annual Maintenance Contract

SI shall transfer the ownership of the ERP application and web portal along with the source code i.e. code of all bespoke modules or sub-modules developed/ customized/ configured/ procured. All the licenses and support related documents should be in the name of Greater Noida Industrial Development Authority

Do we need to submit the source code as well? Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

227 Vol 1, 4.10 Hosting Services Page 208

Technical requriements & SLA's of Hosting services not mentioned in RFP

Request authorities to elaborate on the hosting services at DC & DR. Such as - RTO & RPO parameters at DR level, - What percentage of DC capacity to be maintained at DR, - Seismic zone requriements, - Min. storage requirement of DC & DR,

RPO is 30 mins and RTO is 4 hours.

228 Vol 1, 4.14 Security Page 211

(o) Anti-Virus and Anti-Spam Services: Anti-Virus and Anti-Spam shall be deployed to keep the servers and application secure from the attack of virus, spyware, Trojans and spam. This will also act as a centralized system for updating the virus definitions on the systems across offices of GNIDA.

Request authorities to provide minimum technical requirements of Centralized Anti Virus / Anti Spam solution to be deployed on GNIDA office systems. For Servers on Cloud, CSP will be responsible for the security.

Anti-Virus and Anti-Spam Services should comply with the guidelines issued by MeitY

229 Vol 1, 4.16 Data Backup/ Data Archival / Restore Page 212

SLA's for Backup / Archival Request authorities to elaborate on minimum requirements of backup such as: - Backup retention policy, - Historical & transactional data availability and - Tentative size of data to be backedup at DC level.

As per the RFP

230 Vol 1, 4.4 Internet and Intranet Enabled Page 204

Internet & Network Bandwidth requirements / SLA's Request authorities to elaborate on the internet / network bandwidth requirements/ SLA's such as - between GNIDA offices to Cloud DC, - between DC & DR and any other locations.

SI shall be responsible for hosting the ERP application and web portal on the cloud platform on Platform as a Service (PaaS) model. Hence, bidder to propose internet /

network bandwidth etc. so as to comply with the SLA requirements as provided in the RFP.

231 4.13 a) Page no 209 The system should be scalable to handle the peak load coming from different types of users i.e. Internal and External Users, and should support high volume of data upload, without compromising response time or efficiency of the system.

Please clarify Max Peak Load Time in a day/Month/Year during tenure

Bidder may visit GNIDA and study the peak-load of data. Bidder may contact GNIDA for the same.

232 5.2 Requirement Study and Preparation of Business Blueprint & Design. Page 217 of 248

a) Although, an indicative FRS has been provided, the bidder is responsible to carry out an independent system study at GNIDA headquarter and field offices, to thoroughly understand the functional and operational processes

Is this study to be conducted post awarding of contract? The FRS provided in the RFP is only indicative. The bidder is required to carry out an independent system study at GNIDA headquarter and field offices, post awarding of contract , to thoroughly understand the functional and operational processes of authority. All the functional processes of GNIDA need to be implemented in the ERP solution.

233 5.6 Data Migration. Page 220 of 248

a) The SI shall be responsible to carryout data collection, data preparation, data validation, data cleansing/ correction, data entry and data migration for all kinds of master data and transaction data required to successfully implement and operationalize the proposed system.

Can you share indicative volumes of data for migration? Also share the nature of data to be migrated

Bidder may visit GNIDA and study the data volume for data migration. Bidder may contact GNIDA for the same.

234 5.12 Training and Capacity Building. Page 225 of 248

f) Assessment of Training Effectiveness: Evaluate effectiveness of training programs and workshops by obtaining formal feedback from each participant after completion of each training program/ workshop. The SI will be responsible for re-conducting the training of the whole batch in case the average score is less than 70% and the additional cost of such re-training sessions shall be borne by the selected bidder himself

Assessment and scoring is a matter of personal perception. SI should not be held responsible for the same. additional training should follow a CR mechanism

As per the RFP

235 5.18 Supply of Software/ Licenses. Pag3 232 of 248

c) The licenses should be perpetual. The software licenses shall not be restricted based on location and GNIDA should have the flexibility to use the software licenses for other requirements (if required).

can you please indicate what could be ' other requirements'

As per the RFP

236 Section 5.21, Knowledge Transfer, Page 233 of 248

At the end of the contract period, the SI will be required to provide necessary handholding and transition support for a period of six (6) months, to the GNIDA staff or any other agency that is selected for maintaining the system, post contract with the SI.

Our understanding is that 6 months of KT will be part of overall scope. Please clarify if there is any min resource requirement during this phase


237 Section 5.22, General Scope, Page 233 of 248

d) Vendor management services i.e. coordination with external vendors/ OEMs/ CSP/ BSP etc., maintaining the database of all the vendors with their contact details.

What is the expectation from SI on Vendor Management of external vendorsS

As per the RFP

238 Section 7, Project Schedule, Page 245 of 248

Preparation and submission of Business Blueprint - T+ 10 weeks

Blueprint time is 10 weeks and golive is 46 weeks. Consider increasing BBP by 4-5 weeks

Project Plan will be finalized by bidder during the Inception Stage in mutual consultation with GNIDA. However, the Go-Live of the project should comply to - T + 46 Weeks

239 Volume 1, 6.0 Service Level Agreement (Pg 236) Volume III, 21 Liquidated Damages (Pg 32)

c. Payment of 2% of (total project value) the equated quarterly payment is linked to the compliance with the SLA metrics. System Integrator shall be liable to pay liquidated damage @ 0.5% of the milestone value per week of delay subject to a maximum of 10% of the milestone value. Further, across all the milestone liquidated damage will be capped at 10% of the total contract value. The delay has to be directly attributable to System Integrator’s default.

Penalty to be capped at 10% of the quarterly amount. System Integrator shall be liable to pay liquidated damage @ 0.5% of the value of the affected service or product per week subject to the maximum of 10% of the value of affected service or product. Overall cap on liquidated damages and SLA pemalty will be 10% of the total contract value.

As per the RFP

240 Volume 1, 6.0 Service Level Agreement, 6.10 Risk and Cost Factor (Pg 243)

In the event of termination of contract on the basis of non-performance by the SI as per SLA, SI will be solely responsible for risk and cost factor thereon. In such an event, the performance Bank Guarantee furnished by the SI will be encashed and will stand forfeited.

Need further clarity on this clause Please refer to Clause No. 14, termination in Vol III

241 RFP_Vol_I; Section 5.14; Page 226 (IPR and Ownership)

SI shall transfer the ownership of the ERP application and web portal along with the source code i.e. code of all bespoke modules or sub-modules developed/ customized/ configured/ procured. All the licenses and support related documents should be in the name of Greater Noida Industrial Development Authority.

Discuss with team. As per the contract terms, only bespoke developments will be owned by GNIDA. Are we OK to provide the source code?


242 RFP_Vol_I; Section 4, Page 199 (Warranty)

All the software (if any) along with proposed ERP system shall initially be supplied with a 5 (five) years comprehensive on-site OEM warranty/ support. Also, if the

Please clarify on what comprehensive onsite warranty entails. Warranty provided will be as per the standard warranty and support terms of the OEM

Please refer to Section 5.22 in Vol I, page 233

contract period is extended, then bidder must ensure that all the supplied software OEM warranty, service and support, subscription is also extended for the same period.

243 RFP_Vol_I; Section 5.13; Page 226 (warranty)

5.13 Warrantya) The SI shall warrant that the infrastructure supplied to GNIDA for this Project shall have no defects arising from design or workmanship or any act or omission of the SI. The warranty shall remain valid for the Contract period on all the items supplied as per the Contract.b) Warranty and AMC/ ATS will start post Go-live.c) The SI shall replace any parts/ components of the IT infrastructure supplied for the Project if the components are defective.d) The SI shall apply latest upgrades for all the hardware components after appropriate testing during the entire warranty period. GNIDA will not pay any additional costs separately for warranty, and the overall IT infrastructure cost quoted by the SI shall include the same.

As per the Vol III MSA terms (section 20) - warranty is applicable only for a period of one month after the Go-live date. Please correct this contradiction. Warranty on no defects arising from design or workmanship or any act or omission of the SI cannot be provided for the entire term. Once the Go-live is achieved, the system will move into operations and maintenance phase and all issues will be addressed as part of those services.Please clarify the intent of GNIDA when this section states that warranty and AMC will start post go-live and will be valid for the entire duration.Any warranty on hardware and software will be as per the warranty terms of the OEM. Hardware components will not be upgraded.

The Warranty defined in MSA Section 20.1 in Volume III is for Proposed Solution Warranty. Whereas, Warranty defined in Section 5.13 in Volume I is for the entire IT infrastructure supplied and installed under the project during maintenance phase for the entire period of contract as per the agreed SLA.

244 RFP_Vol_I; Section 6.3; Page 236 (SL Penalties)

6.3 Service Levels Payment of 2% of (total project value) the equated quarterly payment is linked to the compliance with the SLA metrics.

2% of TCV is what is paid every quarter, which means that entire quarterly AMC amount is at risk. This is not acceptable. We request that this be changed to 2% of the quarterly AMC amount.

As per the RFP

245 RFP_Vol_I; Section 6.3; Page 236 (Service Levels and Penalties)

entire section All SLs and penalties will be mutually agreed between the parties.Service level default will occur wherever Bidder fails to meet minimum service level for reasons solely attributable to itself and its vendors. In Service level and penalties calculation, any failures due to reasons not attributable to Bidder will not be included. We propose that total cumulative penalties and LDs under the contract be limited to 10% of the contract value

As per the RFP

246 RFP_Vol_I; Section 6.3; Page 237 and RFP_Vol_I; Section 6.11; Page 244 (SL Penalties and termination)

6.3 Service Levels iii. In case sum of lower performance and/or non-compliance marks exceeds 20 (twenty) marks in any quarter, GNIDA may treated it as breach of SLA and may initiate the termination of contract as per the termination clause (section-14 of volume-III) of this RFP. 6.11 In case the SI does not meet the service levels mentioned above (clause 6.3) and sum of marks of lower performance and/or non-compliance exceeds 20 (twenty) marks in the

We submit that the termination right be invoked if the SL penalties reach the penalty cap amount for two consecutive quarters.

As per the RFP

given quarter, GNIDA will treat it as a case of breach of Service Level Agreement and may go for termination of contract as per the termination clause (section-14 of volume-III) of this RFP.

247 RFP_Vol_I; Section 6.4; Page 241

6.4 SLA Supervisionb) Any such review/ audit can be scheduled as and when required. The results will be shared with the SI as soon as possible. GNIDA reserves the right to ask SI to provide performance report anytime during the contract period and to appoint a third-party auditor to validate the SLA.

Please clarify that such third-party auditor will not be a competitor of the bidder.

As per the RFP


6.10 Risk and Cost Factor In the event of termination of contract on the basis of non-performance by the SI as per SLA, SI will be solely responsible for risk and cost factor thereon. In such an event, the performance Bank Guarantee furnished by the SI will be encashed and will stand forfeited.

what does Risk and cost factor mean? please elaborate. We propose that PBG is invoked to claim all direct damages as the result of termination and not forfeited. Any amount remaining after settling GNIDA's direct damages must be returned to the Bidder.

As per the RFP


Integration of ERP Application and Web Portal SI shall be responsible for assisting the GNIDA in: i. Identification and integration of e-Sign, Payment Gateway, Email Gateway, SMS Service Provider(s) and any other service providers required to successfully cater the business needs of GNIDA or identified by GNIDA. ii. Signing of contract with the service provider(s) iii. Resolving any issue/ problem arises in the project, pertaining to the services provided by the service provider(s).

What is the extent of involvement. Please clarify that any additional expenses incurred by Bidder in assisting GNIDA will be paid by GNIDA.

As per the RFP

250 Volume I / Page 213 4.18 Enterprise Management System You have asked the SI to provide an EMS system to monitor & manage your infrastructure on which your mission critical applications are dependent, however you have not defines the crtical points for performance monitoring on which your expert team will analyze the performance of Infra & SIWe believe you need a Monitoring Solution from a market leading OEM which can provide End to End monitoring of complete IT Infrastructure within the Single Module/Product without the need to install multiple products and their separate databases. A single solution which can manage Server MonitoringApplication MonitoringDatabase MonitoringEnd User

As per the RFP

MonitoringVirtualization Platform MonitoringStorage MonitoringKindly confirm if our understading is correct

251 Volume I / Page 213 General Query Environments where critical applications are involved Customer's look for solution which can offer Agent less monitoring capabilities also. So our understading is that you are looking for a solution to be capable to provide hybrid monitoring architecture through support of both agent-based monitoring and agentless monitoring approach. & monitoring platform must have a publish/subscribe message-bus architecture – thereby allowing the solution to provide scalable and resilient monitoring across the infrastructure domain. Kindly confirm if our understading is correct.

Bidder to propose solution so as to comply with the SLA requirements provided in the RFP document.

252 Volume I / Page 214 Configuration Management We undertand that you are looking for a solution which must have an in-built capability to carry out configuration management without the use of any external software to reduce integration efforts and increase ease of deployment and should support secure device configuration capture and upload and thereby detect inconsistent “running”, “startup” or “reference” configurations and alert the administrators. Also such solution must be able to clearly identify configuration changes as root cause of network problems. Kindly confirm if our understading is correct.

As per the RFP

253 Volume I / Page 214 Fault Management We undertand that you are looking for a solution which can provide a single platform for proactive fault isolation, root cause analysis, change management, service aware management, IP services management, policy management, and reporting for network devices across multiple network technologies. Kindly confirm if our understading is correct.


254 Volume I / Page 214 Event Management Providing a single console to manage a wide range of infrastcuture make the routine operations very easy to manage. We undertand that you are looking for an integrated fault management solution with the Performance management solution out of the box and expand the fault management capabilities of the infrastructure with performance information and performance / threshold violation alarms from performance management solution to provide the following


benefits:o Solution must provide holistic view of availability of host servers on network and their performance data for fault management in a single pane of application. o Solution should provide end to end root cause and impact analysis across network and server elements, extending fault management core capabilities to other infrastructure domains.o Solution should supports Advance condition correlation between fault & performance management module, it should also support correlation capabilities so as to reduce the clutter of alarms.

255 Volume I / Page 214 Server, storage and other infrastructure management You have asked for storage monitoring which is very critical as your major databases will be relying on the storage component and monitoring the health of Storage is very critical for the smooth functioning of your internal critical IT applications, do you need a solution which can monitor storages like EMC, Netapp, Hitachi , IBM DS 3X, 4X and 5X , IBM SVC 7000 and HP 3PAR storages through SMI-S enabled interfaces and CLI.• Which should be able to monitor in-depth metrics and performance data for supported storage platforms like EMC, Netapp, Hitachi , IBM DS 3X, 4X and 5X , IBM SVC 7000 and HP 3PAR . • Solution which should automatically discovers storage configuration and auto-applies monitoring by template• Solution which should provide information for o Storage Required Data Sources o Storage IOPS o Storage IO Data Rate o Storage Systems Status o Number of Storage Devices o Storage Systems Physical DisksKindly Confirm

Bidder to propose Server, storage and other infrastructure management solution so as to comply with the SLA requirements provided in the RFP document.

256 Volume I / Page 214 Also the EMS solution should be extended to any new device which will be added by in future to fulfil the project requirements

Are you looking for a system to have self-certification capabilities built into the product so that it can easily add support for new devices for traps and automatically generate alarms

Bidder to propose EMS solution so as to comply with the SLA requirements provided in the RFP document.

257 Volume I / Page 214 Reporting Do you want to consider a solution which should provide web based reporting interface with Top N reports and functionality to define, customize and schedule analysis reports other than those available OOB. The following reporting dashboards must be available out of the box: o Top N Reportso Situation to Watcho Trend for Groupso At a


Glanceo Trend• The proposed monitoring solution should provide the ability to create custom dashboards with ability to aggregate metrics from all monitored devices and should provide drill down functionality to other defined dashboards within the tool.

258 Volume I / Page 208 4.10 Hosting Services You have asked the SI to host your ERP solution on cloud , however you have not asked to monitor such critical cloud infrastcuture components so as to track the uptime. We understand that you need a solution to proactively and efficiently monitor performance of your cloud and traditional IT infrastructure through a single view and back-end architecture. • The solution should have ability to assess workload migration from on-premise to cloud and must have ability to proactively run “tests” to confirm success • The solution must be able to better manage your cloud resources through intelligent alerts on cost & utilization Kindly confirm if our understading is correct.


259 Volume I / Page 214 Database Monitoring Database is a very sensitive part of the complete infrastructure and should be proactively monitored for it's health, are you looking for a solution which can provide • Performance monitoring - capture of DB Engine related performance counters as well as threshold alerting• The solution must support SQL Agent monitoring - failed jobs, long running jobs• The solution must support Database Health and Settings - Check database status (offline, suspect), Check database options (auto grow, auto shrink, auto close etc• The solution must monitor for Blocking (exceeding duration) and Deadlocks


260 Generic General Query Requesting you to please add under EMS section that " EMS and its modules should be from single OEM" This will help in having tight intergtaion

As per the RFP

261 Volume I / Page 214 4.18 Enterprise Management System iii. Incident, Problem and Change Management

Requesting you to kindly provide Specification for Incident, Problem and Change Management under EMS section

As per the RFP

262 Generic Application Performance Testing Application Performance Testing asked in RFP but there is no specification mentioned. Requesting you to please insert specs to avoid low grade performance testing products.

As per the RFP

263 RFP Voll-I, Page no. 199, Technical Requirement Specification

All the software (if any) along with proposed ERP system shall initially be supplied with a 5 (five) years comprehensive on-site OEM warranty/ support. Also, if the contract period is extended, then bidder must ensure that all the supplied software OEM warranty, service and support, subscription is also extended for the same period.

Generally Software companies provide warranty period only for 90 days.

As per the RFP

264 RFP Vol-I, Page no. 200,Technical RequirementSpecification

Web portal should have a keyword based full content search facility for English and Hindi languages

Hand written document can not be OCR or the accuracy would be very poor

Not clear

265 RFP Vol-I, Page no. 200, Technical Requirement Specification, System Architect

The proposed system should have the capability to work in online as well as offline mode.

Please explain what is offline, as AS it is mentioned that all the modules/ components of the proposed system should be deployed in centralized manner/ platform on Cloud.


266 RFP Vol-I, Page no. 207, Technical Requirement Specification, Data Migration

SI is expected to carryout independent exercise for assessment of data source, data format, and data fields and number of records before data migration. SI should provide data migration templates to GNIDA for data migration works.

Does the data migration is required to cover digitization of physical record?

Yes

267 RFP Vol-I, Shedule of Services, page no-223, Documentation

Preparation of the documents like but not limited to, Business Blueprint document, Design documents, Project Implementation Plan, Change Management Plan, Training Plan, Test Cases, Scenarios & Results, Software Code (for bespoke part in softcopy format), User Manuals, Training Manuals, Operations & Maintenance Manual, Administrator Manual, Security Policy, Detailed List of Inventory Items and any other necessary document as per the acceptable standards

what its mean ? Do we have to deliver the complete source code?

Bidder to submit source code for all the bespoke development and modules, sub-modules developed/ customized/ configured exclusively for GNIDA

268 RFP Vol-I, Schedule ofServices, page no-226,Annual

SI shall transfer the ownership of the ERP application and web portal along with the source code i.e. code of all bespoke modules or sub-modules developed/ customized/

Pls clarify….suppose I am going to propose SAP then how we will deliver the code.

Please refer Corrigendum - 1 of the RFP (ref.:

MaintenanceContract

configured/ procured. All the licenses and support related documents should be in the name of Greater Noida Industrial Development Authority

Ping/2018/IF-152/218) dated 23-02-2018

269 5.14.3 Business Operation Support i

The SI shall be responsible for deploying a Business Operation Support team of fifty five (55) personnel on fulltime basis for the entire AMC period of five (5) years for providing operational support to the GNIDA.

As the solution will be designex by the bidder itself, hence bidder should be allow to anticipate requirment of support staff. GNIDA may mention the minimum requirment of onsite resources for bidder to omply with same.

As per the RFP

270 5.21 Knowledge Transfer

a) At the end of the contract period, the SI will be required to provide necessary handholding and transition support for a period of six (6) months, to the GNIDA staff or any other agency that is selected for maintaining the system, post contract with the SI.

Request you to kindly inform bidder where the price of same needs to be mentioned


271 5.13 Warranty (Vol.I) Warranty and AMC/ ATS will start post Go-live. Generally, ATS charged by OEM yearly in adavnce immediately after delievery of licenses, hence request Client to pay ATS immediately after delievery of license in yearly in advance.


272 RFP_Vol_I / Page 200 / 4.3 System Architecture

d) The proposed system should have the capability to work in online as well as offline mode.

ERPs are not designed to work in Offline Mode. Request you to please delete this clause. If any specific functionality is required in Offline mode, kindly eloborate the functionality.



a) Sensitive application data should be encrypted before saving it in the database and decrypted before it is returned to the application.

Pls note that innovative databases like In-Memory databases keeps all the data in-memory and hence, does not need to perform above tasks every time. However, data at rest on disk as well as in backup will be encrypted if encryption is enabled. Hope this is okay

Bidder may propose In-Memory database. However, data at rest on disk as well as in backup should be encrypted.


d) Database should be able to compress structured data and unstructured data such as documents, images, and multimedia in OLTP mode, and query execution should be faster on compressed data

Please clarify about the meaning and purpose unstructured data like images and multimedia in OLTP mode? While compression of structured data and querying on the same compressed data is possible. Not able to understand the same requirements on unstructured data. Request you to remove the same.

This is to clarify that Documents, Images and multimedia need to be stored separately in content server

275 Volume-1 , Section 5.9.1 Hosting Requirements, Page 223 point vi.

Appropriate redundancies shall be built in the IT infrastructure as per standard industry practices. The cost of cloud platform should also include cost of Disaster Recovery (DR) site as well. The location for the DR site shall be finalized by SI after discussing with GNIDA.

Kindly consider a Meity empanelled cloud service provider which has DC & DR datacenters atleast 800Kms apart for more robust disaster recovery solution.

As per the RFP

276 General Query around monitoring of cloud infrastructure

- Kindly consider a Meity empanelled cloud service provider which can offer you- a suite with a self service portal for monitoring and analyzing the availability and performance of physical/virtual machines in the cloud, and also help you automate many manual processes like configuring physical and virtual machines.

As per the RFP

277 General Query General Query around security of cloud infrastructure

- Kindly consider a Meity empanelled cloud service provider which can offer you a self-service portal that gives you vulnerability assessment recommendations & tools- for protecting you from security attacks like DDOS, IPS.

As per the RFP

278 VOL I/2.0 Functional Requirements Specifications/2.1 ERP System for GNIDA

Proposed Interface for External Users What all the systems will be integrated with web portal? Shall be finalized during Business Blueprint Phase

279 VOL I/4.10 Hosting Services/208

SI shall be responsible for hosting the ERP application at cloud platform on “Platform as a Service” (PaaS) model. The cloud platform where the newly developed system will be hosted shall have following capabilities

Who will be responsible for sizing and procurement of the hardware?

Bidder shall be responsible for hosting the ERP application at cloud platform on “Platform as a Service” (PaaS) model.

280 VOL I/4.10 Hosting Services/208

SI shall be responsible for hosting the ERP application at cloud platform on “Platform as a Service” (PaaS) model. The cloud platform where the newly developed system will be hosted shall have following capabilities

SI alone can’t be responsible for PaaS, CSP also need to be part of the discussions

SI shall be the single point of contact for GNIDA. SI shall coordinate will all the other OEM's, vendors, CSPs for the complete scope of work as per the RFP.

281 VOL I/4.7 Integration/206

The system should support integration with the following (but not limited to) application/ systems: SMS service: the application and web portal should be integrated with SMS gateway for sending confirmations, status, alerts, reminders, notifications, messages etc. via SMS. E-Mail services: the application and web portal should provide the user to send and receive formal communication, confirmation, status, alerts, messages, reminders, notifications etc. via email

Are email gateway and sms gateway already available? If no, please clarify who will sms gateway & email gateway and its charges?

As per the RFP

282 VOL I/5.12 Training and Capacity Building/225

j) Assessment of Training Effectiveness: Evaluate effectiveness of training programs and workshops by obtaining formal feedback from each participant after

How bidder will be responsible if people scores less than 70% and borne re-training costs?

SI shall have to bear all the requisite training costs as

completion of each training program/ workshop. The SI will be responsible for re-conducting the training of the whole batch in case the average score is less than 70% and the additional cost of such re-training sessions shall be borne by the selected bidder himself.

per the RFP conditions during the contract period.

283 VOL I/5.14.2 Helpdesk Support/227

ii. During this phase SI shall deploy a team of 3 helpdesk support personnel at GNIDA.

Will the helpdesk required to be technical personals, and these 3 person will be in-addition to the 7 persons asked for AMC?

The Helpdesk personnel deployed should have good knowledge of the implemented solution.

284 Vol-1, pg.245 of 248, clause 7

Project Schedule Go Live in T+46 week is not sufficient looking at the deliverables. It should be increased by 15 weeks.

As per the RFP

285 Vol II / Annexure-VIII / page no : 53

Certificates of Incorporation/ Registration as applicable · Relevant extracts of Annual Report i.e. Income Statement, Balance Sheet, Cash-flow Statement of previous 5 years

Kindly allow us to produce certificate of incoporation and relevant extracts from the audited balance sheet and Profit & Loss statements for the last 5 financial years.


286 Vol II / Annexure-VIII / page no : 54

The bidder should have valid CMMi level 3 Certification or higher at the time of bidding.

Kindly make CMMI level 5 mandatory so that quality is not comprimised.

As per the RFP

287 Vol II / Annexure-IX / page no : 56

3)Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector. The work order should have been issued within the last 10 years, as on date of submission of bid. · Experience of executing 1 Projects: 4 marks · Experience of executing 2 Projects: 8 marks · Experience of executing 3 Projects: 12 marks · Experience of executing 4 Projects: 16 marks · More than 4 Projects: 20 marks Note: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

Kindly change the marking criteria toExperience of executing 1 Projects: 10 marks Experience of executing 2 Projects: 15 marks Experience of executing 3 or more Projects: 20 marks

As per the RFP

288 Vol II / Evaluation Criteria for Proposed Team against Sl. No. 4 of Annexure IX above / page no : 58

4)Solution Architect · Experience > 7 Years in designing solution for ERP implementation – 1 mark · Experience of solution design for ULBs* – 1 mark · BE/B. Tech/MCA – 1 mark

Kindly change the criteria to "Solution Architect · Experience > 7 Years in designing solution for project implementation – 2 marks · BE/B. Tech/MCA – 1 mark"



5)Business Analyst · B. Tech / BE/ MCA – 1 mark · Min. 5 Years’ experience in Business Analysis and Requirement Gathering – 1 mark · Experience of working on ULBs – 1 mark

Kindly change the crteria to "Business Analyst · B. Tech / BE/ MCA – 1 mark · Min. 5 Years’ experience in Business Analysis and Requirement Gathering – 2 marks"



7)Module lead B. Tech / BE/ MCA - 1 mark · 7 Years of overall experience with aleast 1or 2 years of experience in ERP implementation in ULBs – 1 mark

Kindly change the criteria to "Module lead B. Tech / BE/ MCA - 1 mark · 7 Years of overall experience with aleast 1or 2 years of experience in implementation of IT projects-1 mark"


291 Vol. II; Pg.74; 6 Sanctions for Violations

6.1.4 To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilised to recover the aforesaid sum and interest.

Kindly remove this clause. As per the RFP

292 Vol. II; Pg.75 7 Fall Clause : The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Government Department (State or Central Government), Authority or PSU and if it is found at any stage that similar product/systems or subsystems was so supplied by the BIDDER to any other Government Department (State or Central Government), Authority or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

Kindly remove this clause as the prices offered shall be as per the OEM offer at the prevailing rates.


293 Vol-II, 2.17; Pg. 21 No deviations in the terms and conditions as laid out in the RFP will be accepted.

This clause is unacceptable as there are few clauses where we request GNIDA to accept deviations.

As per the RFP

294 Vol,II & III, 2.27,3.6.2 & 13.3.3; Pg. 28, 34 & 19

Statutory variation in all statutory taxes, duties, cess and levies in India during the contractual period shall be to SI’s account.Financial bid evaluation will be done on total prices all-inclusive of taxes, duties, cess and levies.If, after the date of this Agreement, there is any change of rate of levy

It is recommended that TCS prices shall be tax exclusive only and taxes shall be payable @ rates prevailing on the date of invoicing.


under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes, duties and other charges while executing the task should be borne by the System Integrator.

295 Vol-II, 6.3; Pg. 37 The successful bidder shall ensure that the Performance Guarantee is valid at all times during the Term of the contract (including any renewal) and for a period of 180 days beyond all the contractual obligations / completion of contract period / tenure of the appointment.

Performance Guarantee will be valid for term of contract only, Further issuance needs to be mutually decided at the time of renewal of contract.

As per the RFP

296 Vol-II, 4.9; Pg. 38 Transfer all or part of the project assets and the management of the selected bidder functions to the new selected bidder, and/or

Timelines and payment terms needs to be mutually decided for this period of service.

As per the RFP

297 Volume II 2.11.4 The EMD shall be forfeited in the following cases:a) Any information submitted by the bidder is found to be incorrect.b) If bid is withdrawn during the validity period or any extension agreed by GNIDA and bidder thereof.c) If the bid is modified in a manner not acceptable to GNIDA after opening of the bid.d) If the bidder tries to influence the evaluation process.e) If the successful bidder fails to sign the contract in accordance with clause 44.2 “Notification of award”.2.11.5 In case of unsuccessful bidder, earnest money/ bid security will be released on request from the bidders on a date subsequent to the signing of contract with the successful bidder.2.11.6 The bid security of the successful bidder will be returned after the bidder has signed the Contract Agreement pursuant to clause 44.2 (Notification of award of Contract) and has furnished the required Performance Bank Guarantee pursuant to clause 44.5.2.11.7 GNIDA reserves the right to forfeit the EMD or part thereof, in circumstances which according to it indicate that the bidder is not earnest in accepting/ executing any order placed under specification.

2.11.4 The EMD shall be forfeited in the following cases:a) Any information submitted by the bidder is found to be incorrect.b) If bid is withdrawn during the validity period or any extension agreed by GNIDA and bidder thereof.c) If the bid is modified in a manner not acceptable to GNIDA after opening of the bid.d) If the bidder tries to influence the evaluation process.e) If the successful bidder fails to sign the contract in accordance with clause 44.2 “Notification of award”.2.11.5 In case of unsuccessful bidder, earnest money/ bid security will be released on request from the bidders on a date subsequent to the signing of contract with the successful bidder.2.11.6 The bid security of the successful bidder will be returned after the bidder has signed the Contract Agreement pursuant to clause 44.2 (Notification of award of Contract) and has furnished the required Performance Bank Guarantee pursuant to clause 44.5.


298 2.17 Deviations in Terms and Conditions of RFP 2.17.1 No deviations in the terms and conditions as laid out in the RFP will be accepted.

2.17 Deviations in Terms and Conditions of RFP 2.17.1 No deviations in the terms and conditions as laid out in the RFP will be accepted.

As per the RFP

299 23 2.22.3 Without prejudice to the rights of GNIDA hereinabove, if an bidder is found by GNIDA to have directly

2.22.3 Without prejudice to the rights of GNIDA hereinabove, if an bidder is found by GNIDA to have directly

As per the RFP

or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the bidding process, such bidder shall not be eligible to participate in any tender/ RFP issued by GNIDA for a period of 2 (two) years from the date such bidder is found by GNIDA to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the bidding process, such bidder shall not be eligible to participate in any tender/ RFP issued by GNIDA for a period of 2 (two) years from the date such bidder is found by GNIDA to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

300 4.4 Contract Period The contract period shall be 5 years from the date of Go-Live. After the end of the contract period, GNIDA reserves the right to either continue with the existing bidder with either same or revised terms and conditions as mutually agreed by both parties or sign a contract with other agency.

4.4 Contract Period The contract period shall be 5 years from the date of Go-Live. After the end of the contract period, the parties reserves the right to either continue with the agreement on revised terms and conditions as mutually agreed by both parties or sign a contract with other agency.


301 4.5.4 Before invoking the PBG, the vendor will be given an opportunity to represent before GNIDA. The decision of GNIDA on the representation given by the vendor shall be final and binding. If circumstances so warrant, the matter may be referred to an arbitrator to be appointed by GNIDA with mutual consent.

4.5.4 Before invoking the PBG, the vendor will be given an opportunity to represent before GNIDA. The decision of GNIDA on the representation given by the vendor shall be final and binding. If circumstances so warrant, the matter may be referred to an arbitrator to be mutually appointed by the parties.


302 5.11 Extension of ContractGNIDA reserves the right to extend the contract / portion of the contract with either same or revised terms and conditions as mutually agreed by both parties or by accounting for rupee depreciation on present contract value. The extension of the contract will be based on the performance of the bidder during the contract period which will be reviewed by GNIDA on yearly basis.

5.11 Extension of ContractThe parties reserves the right to extend the contract / portion of the contract with revised terms and conditions as mutually agreed by both parties or by accounting for rupee depreciation on present contract value. The extension of the contract will be based on the performance of the bidder during the contract period which will be reviewed by GNIDA on yearly basis.


303 5.12 Breach of Statutes The successful bidder shall indemnify GNIDA against all penalties and liabilities of every kind of breach of any Statutes, Ordinance, Rules and Regulations or By-laws as may be applicable for and in the execution of the contract.

As per the RFP

304 Annexure-I: Cover Letter[To be submitted on Bidder Company’s Letterhead]Date:To:Officer on Special DutyGreater Noida Industrial Development AuthorityPlot No. 01, Knowledge Park-04Greater Noida, Gautam Budh

Annexure-I: Cover Letter[To be submitted on Bidder Company’s Letterhead]Date:To:Officer on Special DutyGreater Noida Industrial Development AuthorityPlot No. 01, Knowledge Park-04Greater Noida, Gautam Budh

As per the RFP

Nagar, Uttar Pradesh 201308Sub: Proposal for Selection of System Integrator for the Design, Development, Implementation and Maintenance of ERP solution for GNIDA, RFP Ref. No.: Plng/2018/IF-152/202 Dated: 22/01/2018Dear Sir,With reference to your RFP document 22/01/2018, we, having examined the Bidding Documents and understood their contents, hereby submit our Proposal for the aforesaid Project. The Proposal is unconditional and unqualified.1 All information provided in the Proposal and in the Appendices to it is true and correct and the documents accompanying such Proposal are in original or true copies of their respective originals, as the case may be.2 This statement is made for the express purpose of qualifying as a Selected Bidder for System implementation and its Maintenance and Operation thereof for 5 years at GNIDA.3 We shall make available to GNIDA any additional information it may find necessary or require to supplement or authenticate the Proposal.4 We acknowledge the right of GNIDA to reject our Proposal without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.5 We declare that, we have examined and have no reservations to the RFP Documents, including any Addendum issued by GNIDA.

Nagar, Uttar Pradesh 201308Sub: Proposal for Selection of System Integrator for the Design, Development, Implementation and Maintenance of ERP solution for GNIDA, RFP Ref. No.: Plng/2018/IF-152/202 Dated: 22/01/2018Dear Sir,With reference to your RFP document 22/01/2018, we, having examined the Bidding Documents and understood their contents, hereby submit our Proposal for the aforesaid Project. The Proposal is conditional and qualified subject to the deviations sheet.1 All information provided in the Proposal and in the Appendices to it is true and correct and the documents accompanying such Proposal are in original or true copies of their respective originals, as the case may be.2 This statement is made for the express purpose of qualifying as a Selected Bidder for System implementation and its Maintenance and Operation thereof for 5 years at GNIDA.3 We shall make available to GNIDA any additional information it may find necessary or require to supplement or authenticate the Proposal.4 We acknowledge the right of GNIDA to reject our Proposal without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.5 We declare that, we have examined and have no reservations to the RFP Documents, including any Addendum issued by GNIDA read with the deviations submitted.

305 Date: Date: As per the RFP

306 To: To: As per the RFP

307 Officer on Special Duty Officer on Special Duty As per the RFP

308 Greater Noida Industrial Development Authority Greater Noida Industrial Development Authority As per the RFP

309 Plot No. 01, Knowledge Park-04 Plot No. 01, Knowledge Park-04 As per the RFP

310 Greater Noida, Gautam Budh Nagar, Uttar Pradesh 201308 Greater Noida, Gautam Budh Nagar, Uttar Pradesh 201308 As per the RFP

311 Sub: Proposal for Selection of System Integrator for the Design, Development, Implementation and Maintenance of ERP solution for GNIDA, RFP Ref. No.: Plng/2018/IF-152/202 Dated: 22/01/2018

Sub: Proposal for Selection of System Integrator for the Design, Development, Implementation and Maintenance of ERP solution for GNIDA, RFP Ref. No.: Plng/2018/IF-152/202 Dated: 22/01/2018

As per the RFP

312 Dear Sir, Dear Sir, As per the RFP

313 With reference to your RFP document 22/01/2018, we, having examined the Bidding Documents and understood their contents, hereby submit our Proposal for the aforesaid Project. The Proposal is unconditional and unqualified.

With reference to your RFP document 22/01/2018, we, having examined the Bidding Documents and understood their contents, hereby submit our Proposal for the aforesaid Project. The Proposal is conditional and qualified subject to the deviations sheet.

As per the RFP

314 1 All information provided in the Proposal and in the Appendices to it is true and correct and the documents accompanying such Proposal are in original or true copies of their respective originals, as the case may be.

1 All information provided in the Proposal and in the Appendices to it is true and correct and the documents accompanying such Proposal are in original or true copies of their respective originals, as the case may be.

As per the RFP

315 2 This statement is made for the express purpose of qualifying as a Selected Bidder for System implementation and its Maintenance and Operation thereof for 5 years at GNIDA.

2 This statement is made for the express purpose of qualifying as a Selected Bidder for System implementation and its Maintenance and Operation thereof for 5 years at GNIDA.

As per the RFP

316 3 We shall make available to GNIDA any additional information it may find necessary or require to supplement or authenticate the Proposal.

3 We shall make available to GNIDA any additional information it may find necessary or require to supplement or authenticate the Proposal.

As per the RFP

317 4 We acknowledge the right of GNIDA to reject our Proposal without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.

4 We acknowledge the right of GNIDA to reject our Proposal without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.

As per the RFP

318 5 We declare that, we have examined and have no reservations to the RFP Documents, including any Addendum issued by GNIDA.

5 We declare that, we have examined and have no reservations to the RFP Documents, including any Addendum issued by GNIDA read with the deviations submitted.

As per the RFP

319 6 We understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Proposal that you may receive nor to invite the Bidders to submit a Proposal for the Project, without incurring any liability to the Bidders.

6 We understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Proposal that you may receive nor to invite the Bidders to submit a Proposal for the Project, without incurring any liability to the Bidders.

As per the RFP

320 7 We believe that we satisfy the eligibility criteria and meet(s) the requirements as specified in the RFP document.

7 We believe that we satisfy the eligibility criteria and meet(s) the requirements as specified in the RFP document.

As per the RFP

321 Annexure-XV: Format for Source Code Declaration Annexure-XV: Format for Source Code Declaration As per the RFP

322 [To be submitted on Bidder Company’s Letterhead] [To be submitted on Bidder Company’s Letterhead] As per the RFP

323 {Place} {Place} As per the RFP

324 {Date} {Date} As per the RFP

325 To, To, As per the RFP

326 Officer on Special Duty Officer on Special Duty As per the RFP

327 Greater Noida Industrial Development Authority Greater Noida Industrial Development Authority As per the RFP

328 Plot No. 01, Knowledge Park-04 Plot No. 01, Knowledge Park-04 As per the RFP

329 Greater Noida, Gautam Budh Nagar, Uttar Pradesh 201308 Greater Noida, Gautam Budh Nagar, Uttar Pradesh 201308 As per the RFP

330 Subject: Self Declaration for Source Code in response to the RFP for “Selection of System Integrator for the Design, Development, Implementation and Maintenance of ERP solution for GNIDA”, RFP Ref. No Plng/2018/IF-152/202 Dated 22/01/2018.

Subject: Self Declaration for Source Code in response to the RFP for “Selection of System Integrator for the Design, Development, Implementation and Maintenance of ERP solution for GNIDA”, RFP Ref. No Plng/2018/IF-152/202 Dated 22/01/2018.

As per the RFP

331 Dear Sir, Dear Sir, As per the RFP

332 We understand that all the material related to software products, including, but not limited to, software, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof (collectively, the “Products”) developed by System Implementer (SI) in connection with this agreement, shall be the sole property of GNIDA. Implementer (SI) shall handover and transfer all the rights, assets, technical knowhow, documentation, source code, records, data, licenses, securities and all such relevant

We understand that all the material related to software products, including, but not limited to, software, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof (collectively, the “Products”) developed by System Implementer (SI) in connection with this agreement, shall be the sole property of GNIDA. Implementer (SI) shall handover and transfer all the rights, assets, technical knowhow, documentation, source code, records, data, licenses, securities and all such relevant items that may be necessary for the smooth transition process.


items that may be necessary for the smooth transition process.

333 We understand GNIDA reserves the right to retain the full and exclusive ownership rights of the Customizing Application Software and any other proprietary rights related to the Customize Software. All the source code and its related documents shall be property of GNIDA.

We understand GNIDA reserves the right to retain the full and exclusive ownership rights of the Customizing Application Software and any other proprietary rights related to the Customize Software. All the source code and its related documents shall be property of GNIDA.


334 The ownership of source code of all applications developed for IT systems shall be transferred to Administrative Head of System Department, GNIDA. GNIDA shall have all rights on Software, Source Code and related documentation for its unlimited, unrestricted use within GINDA at unlimited number of locations, machines, computers, gadgets etc. However, GNIDA shall not allow its use to any other agencies for commercial or non-commercial purposes.

The ownership of source code of all applications developed for IT systems shall be transferred to Administrative Head of System Department, GNIDA. GNIDA shall have all rights on Software, Source Code and related documentation for its unlimited, unrestricted use within GINDA at unlimited number of locations, machines, computers, gadgets etc. However, GNIDA shall not allow its use to any other agencies for commercial or non-commercial purposes.


335 Annexure-XVII: Integrity Pact Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

336 6 Sanctions for Violations 6 Sanctions for Violations

337 6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:


338 6.1.1 To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.


339 6.1.2 The Earnest Money Deposit (in pre-contract stage) and/or Performance Security (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be require to assign any reason therefore.


340 6.1.3 To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.


341 6.1.4 To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing prime lending rate of State Bank of

6.1.5 To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the

India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilised to recover the aforesaid sum and interest.

BIDDER, in order to recover the payments, already made by the BUYER, along with interest.

342 6.1.5 To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with interest.

6.1.6 To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.

343 6.1.6 To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.


344 6.1.7 To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER.


345 6.1.8 To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.

6.1.10 Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

346 6.1.9 In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened.


347 6.1.10 Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.


348 6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1.1 to 6.1.10 of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.

349 6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact.

350 7 Fall Clause The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Government Department (State or Central Government), Authority or PSU and if it is found at any stage that similar product/systems or subsystems was so supplied by the BIDDER to any other Government Department (State or Central Government), Authority or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

351 RFP_Vol_2/6/43 Payment Schedule Suggested Payment Schedule:S. No. Payments % of Total Fee A. Implementation Phase 1. Mobilization fees against submission of Performance Bank Guarantee and signing of Master Service Agreement 15%2. Business Blueprint finalization and sign-off from GNIDA 25%3. Setting up of cloud platform for ERP application hosting 30%4. ERP application Go-Live 10%B. Operations & Maintenance Phase1. Twenty quarterly instalments over five (5) years from the “GoLive” date, each instalment being a maximum of 2% of total contract value depending upon the quarterly performance level assessed on the basis of SLAs defined in this RFP. S0%


352 RFP General We suggest that SI can sub-contract non-core activities Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

353 RFP/Vol II/Page 52 POA Request to kindly allow to submit "Letter of Auhtorisation" on company letter head duly signed by the company secretary authorising the signatory of this bid. Power of attorney turn around time is high (around 4 weeks) as it needs to be signed by the board of driectors on stamp paper

As per the RFP

354 RFP Vol 2 Annexure-VIII: Pre-Qualification Criteria Point 6 - Certifications

The bidder should have valid CMMi level 3 Certification or higher at the time of bidding.Documents Required: Copy of valid certificates

The bidder should have valid CMMi level 3 Certification or higher at the time of bidding/ or re-certification should be in processDocuments Required: Copy of valid certificates/ or Self certificate signed by Company Secretary that re-certification is in processORThe Bidder should posses the following Certifications at the time of Bidding:• ISO 9001:2008 • ISO 20000:2011 for IT Service Management• ISO 27001:2013 for Information Security Management SystemDocuments Required: Copy of valid certificates


355 RFP Vol 2 Annexure-IX: Technical Evaluation Parameters Point 5 - Bidder’s Certifications:

a. CMMi level Certification · Possess CMMi Level 3 Certificate – 1 Marks · Possess CMMi Level 4 Certificate – 3 Marks · Possess CMMi Level 5 Certificate – 5 Marks b. ISO 27001 certification – 2 marks c. ISO 20000 certification – 3 marks

a. CMMi level Certification · Possess CMMi Level 3 Certificate – 1 Marks · Possess CMMi Level 4 Certificate – 2 Marks · Possess CMMi Level 5 Certificate – 4 Marks b. ISO 27001 certification – 2 marks c. ISO 20000 certification – 2 marks d. ISO 9001:2008 certification – 2 marks

As per the RFP

356 ERP Solution Compliance Sheet for SI

RFP VOL II ERP Solution Compliance Sheet for SI Is there any evaluation criteria for COTS Vs BSPOKE application or both needs to be evaluated at par. We suggest to include in the Evaluation criteria


357 General General Is there any option for the SI to do Consortium with other SI Consortium or Joint Venture is not allowed.

358 Vol II, Annexure-VIII: Pre-Qualification Criteria, page 52

Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s) of value specified herein : · One project not less than the amount

Please make changes as below:Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s)/Govt. of India


value equal to 15 Crores; OR · Two projects not less than the amount equal value equal to 7.5 Crores; OR · Three projects not less than the amount equal value equal to 5 Crores

Undertakings/PSU of value specified herein : · One project not less than the amount value equal to 15 Crores; OR · Two projects not less than the amount equal value equal to 7.5 Crores; OR · Three projects not less than the amount equal value equal to 5 Crores

359 Vol II, Annexure-VIII: Pre-Qualification Criteria, page 53


Please change this as: The bidder should have valid CMMi level 5 Certification or higher at the time of bidding.


360 Vol II, Annexure-IX: Technical Evaluation Parameters, , page 54

Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) as System Integrator for ERP solution design, development/ deployment, Data Center built, hardware supply, installation, commissioning, maintenance and operations support.

We understand that bidder can give references for System Integration Projects for both ERP and other Software/IT Projects. Please confirm

Yes

361 Vol II, Annexure-IX: Technical Evaluation Parameters, page 54

Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) as System Integrator for ERP solution design, development/ deployment, Data Center built, hardware supply, installation, commissioning, maintenance and operations support.

Kindly modify it as:Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s)/PSU/Govt. Undertaking organizations as System Integrator for ERP solution design, development/ deployment, Data Center built or hardware supply installation & commissioning, and maintenance and operations support.



Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector. The work order should have been issued within the last 10 years, as on date of submission of bid.

Kindly modify it as: Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector/PSU/Govt. Undertakings. The work order should have been issued within the last 10 years, as on date of submission of bid.



Bidder’s Certifications: a. CMMi level Certification · Possess CMMi Level 3 Certificate – 1 Marks · Possess CMMi Level 4 Certificate – 3 Marks · Possess CMMi Level 5 Certificate – 5 Marks b. ISO 27001 certification – 2 marks c. ISO 20000 certification – 3 marks

Kindly modify it as: Bidder’s Certifications: a. CMMi level 5 Certificate – 5 Marks b. ISO 27001 certification – 2 marks c. ISO 20000 certification – 3 marks

As per the RFP

364 Evaluation Criteria for Proposed Team against Sl. No. 4 of Annexure IX above, page 57

Project DirectorMin. 5 years of Experience of Leading Projects in Government Sector – 1 mark BE/B.Tech/MCA+ MBA – 1 mark

Kindly modify it as:Project DirectorMin. 5 years of Experience of Leading Projects in Government Sector/Govt. of India Undertakings/PSU - 1 markBE/B.Tech/MCA/MBA – 1 mark



Project Manager · Experience > 10 Years – 1 mark · Min. 5 years of Experience working on Government Sector projects – 1 mark · BE/B.Tech/MCA – 1 marks · PMP/Prince 2/Scrum/Agile Certification – 1 mark

Kindly modify it as: Project Manager · Experience > 10 Years – 1 mark · Min. 5 years of Experience working on Government Sector/Govt. of India Undertakings/PSU projects – 1 mark · BE/B.Tech/MCA – 1 marks · PMP/Prince 2/Scrum/Agile Certification – 1 mark



Subject Matter Expert · Experience > 10 Years – 1 mark · Relevant Subject Matter expertise and understanding of ERP implementation at ULB – 2 mark

Kindly modify it as: Subject Matter Expert · Experience > 10 Years – 1 mark · Relevant Subject Matter expertise and understanding of ERP implementation at ULB/PSU/Govt. Organizations – 2 mark



Solution Architect · Experience > 7 Years in designing solution for ERP implementation – 1 mark · Experience of solution design for ULBs* – 1 mark · BE/B. Tech/MCA – 1 mark

Kindly modify it as: Solution Architect · Experience > 7 Years in designing solution for ERP implementation – 1 mark · Experience of solution design for ULBs/PSU/Govt. Organizations* – 1 mark · BE/B. Tech/MCA – 1 mark



Business Analyst · B. Tech / BE/ MCA - 1 mark · Min. 5 Years’ experience in Business Analysis and Requirement Gathering – 1 mark · Experience of working on ULBs – 1 mark

Business Analyst · B. Tech / BE/ MCA - 1 mark · Min. 5 Years’ experience in Business Analysis and Requirement Gathering – 1 mark · Experience of working on ULBs/PSU/Govt. Organizations – 1 mark



Module Lead· B. Tech / BE/ MCA - 1 mark · 7 Years of overall experience with aleast 1 or 2 years of experience in ERP implementation in ULBs – 1 mark

Kindly modify it as:Module Lead· B. Tech / BE/ MCA - 1 mark · 7 Years of overall experience with aleast 1 or 2 years of experience in ERP implementation in ULBs/PSU/Govt. Organizations – 1 mark


370 2, page 16 The EMD shall be forfeited in the following cases: a) Any information submitted by the bidder is found to be incorrect. b) If bid is withdrawn during the validity period or any extension agreed by GNIDA and bidder thereof. c) If the bid is modified in a manner not acceptable to GNIDA after opening of the bid. d) If the bidder tries to influence the evaluation process. e) If the successful bidder fails to sign the contract in accordance with clause 44.2 “Notification of award”.

Bidder requests modification: - The EMD shall be forfeited in the following cases: a) Any information submitted by the bidder is found to be incorrect. b) If bid is withdrawn during the validity period or any extension agreed by GNIDA and bidder thereof. c) If the bid is modified in a manner not acceptable to GNIDA after opening of the bid. d) If the bidder tries to influence the evaluation process. e) If the successful bidder fails to sign the contract on mutually agreed terms and conditions in accordance with clause 44.2 “Notification of award”.


371 2, page 17 2.11.5 In case of unsuccessful bidder, earnest money/ bid security will be released on request from the bidders on a date subsequent to the signing of contract with the successful bidder.

2.11.5 In case of unsuccessful bidder, earnest money/ bid security will be released on request from the bidders on a date subsequent to the signing of contract with of declaration of the successful bidder.

As per the RFP

372 Page 17 GNIDA reserves the right to forfeit the EMD or part thereof, in circumstances which according to it indicate that the bidder is not earnest in accepting/ executing any order placed under specification.

Bidder requests deletion of the clause. As per the RFP

373 2, page 21 2.17.1 No deviations in the terms and conditions as laid out in the RFP will be accepted.

requst to delete this clause As per the RFP

374 Page 22 GNIDA reserves the right to verify the credentials (including documents, declarations, self-certifications) provided by the bidders by its own means and methods. In case GNIDA receives feedback contrary to the responses of the bidder or is not satisfied with compatibility of the experience with the required standards/expectations, GNIDA reserves the right to form its own opinion and even reject the bids and forfeit the EMD.

Bidder requests modification: -GNIDA reserves the right to verify the credentials (including documents, declarations, self-certifications) provided by the bidders by its own means and methods. In case GNIDA receives feedback contrary to the responses of the bidder or is not satisfied with compatibility of the experience with the required standards/expectations, GNIDA reserves the right to form its own opinion and even reject the bids and forfeit the EMD.

As per the RFP

375 Page 23 Misrepresentation and/or improper response by any bidder may lead to disqualification of the bidder. If any such

Bidder requests modification: -


disqualifications are detected at any stage of bidding process/ implementation, such bidder will be blacklisted.

Misrepresentation and/or improper response by any bidder may lead to disqualification of the bidder. If any such disqualifications are detected at any stage of bidding process/ implementation, such bidder will be blacklisted.

Ping/2018/IF-152/218) dated 23-02-2018

376 Page 35 The receipt of this letter shall be acknowledged by the successful bidder in writing and shall send its acceptance letter (hereinafter the “Letter of Acceptance”) along with the required Performance Bank Guarantee to enter into the Contract within fifteen (15) days from the receipt of the Letter of Intent. Upon the successful furnishing of performance bank guarantee by the successful bidder, contract signing process will take place. In case the successful bidder is unable to furnish the performance bank guarantee, GNIDA may invite the bidder second in order of composite marks.

Bidder requests modification: -The receipt of this letter shall be acknowledged by the successful bidder in writing and shall send its acceptance letter (hereinafter the “Letter of Acceptance”) along with the required Performance Bank Guarantee to enter into the Contract within fifteen (15) days from the receipt of the Letter of Intent provided deviations submitted by the bidder are adequately considered by GNIDA. Upon the successful furnishing of performance bank guarantee by the successful bidder, contract signing process will take place. In case the successful bidder is unable to furnish the performance bank guarantee, GNIDA may invite the bidder second in order of composite marks.

Deviations, not having any material impact, can be submitted alongwith the technical proposal at Annexure XIX, no deviations should be submitted anywhere else in the bid. Submission of deviations does not mean that GNIDA is agreeing to the deviations. Further, no deviations will be entertained post submission of bids. Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018 for Annexure XIX format.

377 Page 36 The contract period shall be 5 years from the date of Go-Live. After the end of the contract period, GNIDA reserves the right to either continue with the existing bidder with either same or revised terms and conditions as mutually agreed by both parties or sign a contract with other agency.

Bidder requests modification: - The contract period shall be 5 years from the date of Go-Live. After the end of the contract period, GNIDA reserves the right to either continue with the existing bidder on with either same or revised terms and conditions as mutually agreed by both parties or sign a contract with other agency.


378 2, page 36 4.5.1 The successful bidder shall at its own expense deposit with GNIDA, within fifteen (15) working days of the date of receipt of Letter of Intent of the contract or prior to signing of the contract whichever is earlier, an unconditional and irrevocable Performance Bank Guarantee (PBG) from a scheduled bank acceptable to GNIDA, payable on demand, for the due performance and fulfillment of the contract by the bidder.

4.5.1 The successful bidder shall at its own expense deposit with GNIDA, within fifteen (15) working days of the date of receipt of Letter of Intent of the contract or prior to signing of the contract whichever is earlier, an unconditional and irrevocable Performance Bank Guarantee (PBG) from a scheduled bank acceptable to GNIDA, payable on demand, for the due performance and fulfillment of the contract by the bidder.

As per the RFP

379 2, page 38 4.9.1 In case of exit or suspension or termination, the selected bidder may be directed by GNIDA to continue specific services and also to maintain all project assets

4.9.1 In case of exit or suspension or termination, the selected bidder may be directed by GNIDA to continue specific services and also to maintain all project assets

As per the RFP

including application software, databases, system software, hardware and networking, including documents or any other relevant material that may be in its custody or control, relating to its activities as Selected Bidder till the time required by GNIDA or a new Selected Bidder comes on board.

including application software, databases, system software, hardware and networking, including documents or any other relevant material that may be in its custody or control, relating to its activities as Selected Bidder till the time required by GNIDA or a new Selected Bidder comes on board. at agreed price & for agreed time.

380 Page 40 GNIDA may, by written notice to bidder, suspend all payments to the bidder hereunder if the bidder fails to perform any of its obligations under this contract including the carrying out of the services, provided that such notice of suspension-a) Shall specify the nature of failure.b) Shall request the bidder to remedy such failure within a period not exceeding thirty (30) days after receipt by the bidder of such notice of failure.

Bidder requests deletion of the clause. Please refer Corrigendum - 1

of the RFP (ref.:

Ping/2018/IF-152/218) dated

23-02-2018

381 2, page 40 5.8.2 The decision of GNIDA regarding forfeiture of PBG shall be final and not be called upon question under any circumstances. A default in such a case may involve black listing of the bidder.

5.8.2 The decision of GNIDA regarding forfeiture of PBG shall be final and not be called upon question under any circumstances. A default in such a case may involve black listing of the bidder.

Please refer Corrigendum - 1

of the RFP (ref.:


23-02-2018

382 2, page 44 60% of the total investment will be paid out to vendor at the time of Go-Live, based on the milestones achieved and balance payment of 40% will be paid out in equal parts over the rest of the five (5) years based on the achievements of milestones/ quality of services provided by selected bidder.

Payment schedule will be as follow- 1. For Product Portion-100% on Delivery itself. 2. for Implimentation services- a. Mobilization fees against submission of Performance Bank Guarantee and signing of Master Service Agreement- 10% b. Business Blueprint finalization and sign-off from GNIDA- 30% c. Setting up of cloud platform for ERP application hosting-30% d.ERP application Go-Live-30% 3. for O&M services- In twenty quarterly instalments over five (5) years from the “Go-Live” date.


of the RFP (ref.:


23-02-2018

383 2, page 45 5 We declare that, we have examined and have no reservations to the RFP Documents, including any Addendum issued by GNIDA.

5 We declare that, we have examined and have no reservations to the RFP Documents, including any Addendum issued by GNIDA.

Deviations, not having any material impact, can be submitted alongwith the technical proposal at Annexure XIX, no deviations should be submitted anywhere else in the bid. Submission of deviations does not mean that GNIDA is agreeing to the deviations.

Further, no deviations will be entertained post submission of bids. Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018 for Annexure XIX format.

384 Page 66 With reference to the above subject, we hereby wish to inform that, <Name of the Firm> hasn’t been debarred by any Central / State Government Department / Institution and there has been no litigation with any Department / PSU / Corporation in Central / State Government which may have any impact on our ability to deliver the project (if awarded) or under a declaration of ineligibility for corrupt or fraudulent practices as on date <insert>.

Bidder requests modification: - With reference to the above subject, we hereby wish to inform that, <Name of the Firm> hasn’t been debarred by any Central / State Government Department / Institution as on the date of submission of the bid and there has been no litigation with any Department / PSU / Corporation in Central / State Government which may have any material impact on our ability to deliver the project (if awarded) or under a declaration of ineligibility for corrupt or fraudulent practices as on date <insert>.


385 Page 72 If the BIDDER who is involved in the bid process or any employee of such BIDDER or any person acting on behalf of such BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of BUYER who is involved in the bid process has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender.


386 Page 73 BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process.

Bidder requests modification: - BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process.


387 Page 73 In case of the successful BIDDER, a clause would also be incorporated in the Performance Bank Guarantee that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the


BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

388 Page 74 6.1.1 To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.6.1.2 The Earnest Money Deposit (in pre-contract stage) and/or Performance Security (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be require to assign any reason therefore.6.1.3 To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.6.1.4 To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilised to recover the aforesaid sum and interest.6.1.5 To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with interest.6.1.6 To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.6.1.7 To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER.6.1.8 To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.6.1.9 In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened.6.1.10 Forfeiture of Performance Bond in case of a

Bidder requests modification: -6.1.1 To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.6.1.2 The Earnest Money Deposit (in pre-contract stage) and/or Performance Security (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be require to assign any reason therefore.6.1.3 To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.6.1.4 To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilised to recover the aforesaid sum and interest.6.1.5 To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with interest.6.1.6 To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.6.1.7 To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER.6.1.8 To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.6.1.9 In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened.6.1.10 Forfeiture of Performance


decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1.1 to 6.1.10 of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pac

Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1.1 to 6.1.10 of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pac

389 2, page 75 The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Government Department (State or Central Government), Authority or PSU and if it is found at any stage that similar product/systems or subsystems was so supplied by the BIDDER to any other Government Department (State or Central Government), Authority or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

requst to delete this clause Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

390 53, 55, 56, OF Vol II Completion certificates from the client; OR Work order + Self certificate of completion; OR Work order + Phase completion certificate from the client

Completion certificates from the client; OR Self Certificate signed by Authorized Signatory OR Work order + Self certificate of completion; OR Work order + Phase completion certificate from the client

As per the RFP

391 Vol-2,Pre-Qualification

Criteria,53 Sales Turnover


a) Hope GNIDA will accept the even combine turnover including of holding company (Global Parent Company T/O ). b) If not than we request you to relax to 350 Crore average last three years Turnover Request for similar correction in Technical Evaluation Parameters Point No 1 marks

As per the RFP

392 Vol-2,Pre-Qualification

Criteria,53 Technical Capability

Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s) of value specified herein : · One project not less than the amount value equal to 15 Crores; OR· Two projects not less than the amount equal value equal to 7.5 Crores; OR· Three projects not less than the amount equal value equal to 5 Crores

Bidder must have successfully completed or under advance stages (i.e. project should be under Realization Phase & Configuration Phase or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s)/PSU / Large Private Enterprise of value specified herein:· One project not less than the amount value equal to 15 Crores Globally ; OR· Two projects not less than the amount equal value equal to 7.5 Crores Globally ; OR· Three projects not less than the amount equal value equal to 5 Crores Globally


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393 Annexure-IX: Technical Evaluation

ParametersPoint No -2

Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) as System Integrator for ERP solution design, development/ deployment, Data Center built, hardware supply, installation, commissioning, maintenance and operations support.· Experience of executing 1 Project: 5 marks · Experience of executing 2 Projects: 10 marks · Experience of executing 3 or more Projects: 15 marks Note: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 6.50 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) /PSU/ Large Private Enterprise (Globally) as System Integrator for ERP solution design/ development/ deployment / Data Center built/ hardware supply/ installation, commissioning, maintenance and operations support. · Experience of executing 1 Project: 5 marks · Experience of executing 2 Projects: 10 marks · Experience of executing 3 or more Projects: 15 marks Note: Projects should be substantially completed i.e. completed or Under realization phase. For realization phase please attach client certificate or payment receipt confirmation.


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394 Annexure-IX: Technical Evaluation

ParametersPoint No -3

Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector. The work order should have been issued within the last 10 years, as on date of submission of bid.· Experience of executing 1 Projects: 4 marks · Experience of executing 2 Projects: 8 marks · Experience of executing 3 Projects: 12 marks · Experience of executing 4 Projects: 16 marks · More than 4 Projects: 20 marks Note: Projects should be substantially completed i.e.

Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector. The work order should have been issued within the last 10 years, as on date of submission of bid. · Experience of executing 1 Projects: 4 marks · Experience of executing 2 Projects: 8 marks · Experience of executing 3 Projects: 12 marks · Experience of executing 4 Projects: 16 marks · More than 4 Projects: 20 marks Note: Projects should be substantially completed i.e. completed or Under realization phase. For realization


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completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

phase please attach client certificate or payment receipt confirmation.

395 Evaluation Criteria for Proposed Team against Sl. No. 4 of Annexure IX above

Page 58

Project Director Min. 5 years of Experience of Leading Projects in Government Sector – 1 mark Project Manager Experience > 10 Years – 1 mark Min. 5 years of Experience working on Government Sector projects – 1 mark BE/B.Tech/MCA – 1 marks Subject Matter Expert Experience > 10 Years – 1 mark Solution Architect Experience > 7 Years in designing solution for ERP implementation – 1 mark BE/B. Tech/MCA – 1 mark Business Analyst B. Tech / BE/ MCA – 1 mark Min. 5 Years’ experience in Business Analysis and Requirement Gathering – 1 mark Database Administrator 7 Years as DBA also having experience of working on projects involving Data Migration – 1 markModule Lead · B. Tech / BE/ MCA - 1 mark · 7 Years of overall experience with aleast 1or 2 years of experience in ERP implementation in ULBs – 1 mark

Project Director Min. 4 years of Experience of Leading Projects in Government Sector – 1 mark Project Manager Experience > 7 Years – 1 mark Min. 3 years of Experience working on Government Sector projects – 1 mark BE/B.Tech/MCA/MBA – 1 marks Subject Matter Expert Experience > 7 Years – 1 mark Solution Architect Experience > 5 Years in designing solution for ERP implementation – 1 mark BE/B. Tech/MCA/MBA – 1 mark Business Analyst B. Tech / BE/ MCA/ MBA – 1 mark Min. 3 Years’ experience in Business Analysis and Requirement Gathering – 1 mark Database Administrator 4 Years as DBA also having experience of working on projects involving Data Migration – 1 markModule Lead · B. Tech / BE/ MCA/ MBA/ Graduate - 1 mark · 4 Years of overall experience with aleast 1or 2 years of experience in ERP implementation in ULBs/ PSU – 1 mark


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396 6 Payment Schedule,Vol-2,Page No 44

For ERP application SI has to pay to OEM 100% of License Fee along with 1st Year ATS from date of signing the contract following SI has to pay yearly ATS to OEM in advance hence we request you to please amend the payment terms accordingly


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397 RFP_Vol_II - Annexure-VIII: Pre-Qualification Criteria, Point 6 - Certifications, page 53


Request you to kindly modify the clause to :The Bidder should be ISO 9001:2008 and ISO 27001:2013 certified.


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398 RFP_Vol_II - 2.3 Eligible Bidders, page 8

No consortium or Joint Venture is allowed to participate in the bidding Process.

Please allow consortium or Joint Venture because of the complex nature of this project.

Consortium or Joint Venture is not allowed.

399 RFP_Vol_II - 2.15.6, page 19

The prices/rates quoted by the bidder shall remain firm (fixed) during the entire Contract Period and shall not be subject to any variation on any account except in case of statutory taxes, duties and levies. A bid submitted with a variable price quotation will be treated as non-responsive and hence shall be liable to be rejected.

Request to consider billing for Support and AMC for 5 years on T&E basis.

As per the RFP

400 RFP_Vol_II - 5.8 Forfeiture of Performance Bank Guarantee, page 39

In case of a successful bidder, the PBG submitted by the bidder shall be forfeited under the following conditions: a) If the bidder violates any such important conditions of this RFP.

Request to mention the conditions in which PGB will be forfeited

As per the RFP

401 RFP_Vol_II - Annexure-VIII: Pre-Qualification Criteria, Point 6 - Certifications, page 53


Request you to kindly modify the clause to : The Bidder should be ISO 9001:2008 and ISO 27001:2013 certified.


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402 RFP_Vol_II - Annexure-IX: Technical Evaluation Parameters, Point 2, page 54

Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) as System Integrator for ERP solution design, development/ deployment, Data Center built, hardware supply, installation, commissioning, maintenance and operations support.· Experience of executing 1 Project: 5 marks· Experience of executing 2 Projects: 10 marks· Experience of executing 3 or more Projects: 15 marks

Request You to please change the criteria as below:Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 20 crores in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) as System Integrator for ERP solution design, development/ deployment, Data Center built, hardware supply, installation, commissioning, maintenance and operations support.No of Projects-Marks1 project of total project value of more than 75 Crore-15 marks2 project of total project value of more than 30 crore each-12 Marks3 projects of total project value of more than 20 crore each-10 marks


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403 RFP_Vol_II - Annexure-IX: Technical Evaluation Parameters, Point 2

Bidder’s Certifications: a. CMMi level Certification · Possess CMMi Level 3 Certificate – 1 Marks · Possess CMMi Level 4 Certificate – 3 Marks · Possess CMMi Level 5 Certificate – 5 Marks b. ISO 27001 certification – 2 marks c. ISO 20000 certification – 3 marks

Request you to kindly modify the clause to: Bidder’s Certifications: a. CMMi level Certification b. ISO 27001 C. ISO 9001 D. ISO 22301 Marking as follows: Having all 4 certifications: 10 marks Having any of the 3 certifications: 7.5 marks Having any of the 2 certifications: 5 marks Having any 1 certification: 2.5 marks

As per the RFP

404 RFP_Vol_II - 4.9 Termination of the selected bidder shall be with immediate effect and would be subjected to the directions of GNIDA. In such a situation, GNIDA may direct selected bidder to

The MSA provides for notice period for termination, but in this clause it is mentioned as immediate. Request to modify

It will governed by the termination clause given in MSA.

continue discharging its role and responsibilities in the transition phase, and/or appoint an administrator to take over the project assets and the management of selected bidder functions and/or appoint any agency to take over the project assets and the management of the selected bidder functions, and/or appoint a successor selected bidder and:a) Transfer all or part of the project assets and the management of the selected bidder functions to the new selected bidder, and/orb) Determine the residual value of the project assets based on guidelines or fair value as determined by GNIDA, orc) Ensure smooth transfer of project assets both tangible and intangible to the new Selected Bidder.

the clause to include notice period.Also, Request clarity on the payment terms for any transfer of assets (if any).

405 RFP_Vol_II - 5.5 GNIDA may, by written notice to bidder, suspend all payments to the bidder hereunder if the bidder fails to perform any of its obligations under this contract including the carrying out of the services, provided that such notice of suspension- a) Shall specify the nature of failure. b) Shall request the bidder to remedy such failure within a period not exceeding thirty (30) days after receipt by the bidder of such notice of failure.

Request to make this suspension of payment to be limited to the payment due for the specific failure.


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406 RFP_Vol_II - 5.8.2 The decision of GNIDA regarding forfeiture of PBG shall be final and not be called upon question under any circumstances. A default in such a case may involve black listing of the bidder.

Request an exception to this clause, in case of dispute. Please refer Corrigendum - 1

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407 RFP_Vol_II - 5.12 Breach of Statutes:The successful bidder shall indemnify GNIDA against all penalties and liabilities of every kind of breach of any Statutes, Ordinance, Rules and Regulations or By-laws as may be applicable for and in the execution of the contract.

Request to modify this clause and make this be limited to a breach of statute by Bidder.

As per the RFP

408 RFP_Vol_II - Annexure XV

Source Code Declaration Request to remove Source Code Declaration and provide appropriate exclusions for Pre-existing IP, COTS.


409 RFP_Vol_II - 4.13 Scalability

The system should be scalable to handle the peak load coming from different types of users i.e. Internal and External Users,

How many concurrent user will be available at a given point of time

Bidder to assess the concurrency/ peak load

410 RFP_Vol_II - 4.13 Scalability

The system should be scalable to handle the peak load coming from different types of users i.e. Internal and External Users, and should support high volume of data upload, without compromising response time or efficiency of the system

Please provide us the volume of transactions on monthly basis

Bidder to assess the volume of transaction

411 RFP_Vol_II - 4.2 Design and Development of Web Portal

The web portal should be bi-lingual and support English and Hindi languages.

Please confirm us whether Bilingual support required for ERP application or only for web portal

ERP Application and Web Portal both will be requiring bi-lingual support

412 Eligibility Criteria A bidder may be a legal private entity or a legal government-owned entity with the intent to enter to deliver the engagement.

Ok As per the RFP

413 Eligibility Criteria The bidder should be eligible to operate in conformity with the provisions of the laws in India and shall have a registered office within India.

Ok As per the RFP

414 Eligibility Criteria Bidder shall be certified implementation partner of the proposed ERP solution. Bidder has to mandatorily submit Manufacturer’s Authorization Form (MAF) duly signed by the proposed ERP OEM as per format provided in Annexure XIV.

Ok As per the RFP

415 Eligibility Criteria Bidder should not have any conflict of interest with any parties included in the bidding process

OK As per the RFP

416 Eligibility Criteria No consortium or Joint Venture is allowed to participate in the bidding Process

If "Consortium" can be allowed Consortium or Joint Venture is not allowed.

417 Eligibility Criteria A bidder can submit only one bid in this bidding process. Submission of more than one bid by the bidder will result in the disqualification of all the bids submitted by the bidder.

OK As per the RFP

418 Eligibility Criteria The bidder must produce documentary evidence of any claim made in the RFP document regarding their eligibility and ability for fulfilling the requirements specified within this RFP. The evaluation committee may decide the type and format of such documentary evidence.

OK As per the RFP

419 Eligibility Criteria The Evaluation committee may make such investigations as necessary to determine the eligibility and ability of the bidder to fulfil the requirements specified within this RFP.

OK As per the RFP

420 Pre-Qualification Criteria

Should be Company registered under Companies Act, 1956 Or a partnership firm registered under LLP Act, 2008 Should have been operating in the area of software development,

Ok As per the RFP

implementation, IT consulting for last five years before date of submission of bid


Annual sales turnover of the bidder during each of the last three financial years (i.e., 2014‐2015, 2015-2016 & 2016-2017), should be at least Rs. 500 Crores

Consortium members jointly must fulfill this criteria Consortium or Joint Venture is not allowed.



OK As per the RFP


The bidder should have positive net-worth at the time of bidding.

Ok As per the RFP


Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s) of value specified herein : One project not less than the amount value equal to 15 Crores; OR Two projects not less than the amount equal value equal to 7.5 Crores; OR· Three projects not less than the amount equal value equal to 5 Crores'




OK. One of the consortium members should be CMMi Level 3 or above



The bidder should not be debarred for fraudulent and corrupt practices by any Government entity in India on the date of bidding.

OK As per the RFP





Integrity pact in the prescribed format. OK As per the RFP

429 Page no-53 Annual sales turnover of the bidder during each of the last three financial years (i.e., 2014‐2015, 2015-2016 & 2016-2017), should be at least Rs. 500 Crores.

Being a central government PSU. Please exempt this condition

As per the RFP

430 Page no-53 The bidder should have valid CMMi level 3 Certification or higher at the time of bidding

Being a central government PSU. Please exempt this condition. Insist we can provide Certificate of Central Government PSU.


431 As per the Tender RFP

No, Consortium or joint venture is allowed to participate in the bidding process

Kindly allow consortium/ joint venture as well. Consortium or Joint Venture is not allowed.

432 The bidder should have valid CMMi level 3 Certification or higher at the time of bidding”.

can it be amended to ISO 9001:2008 Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

433 General 2. A request to allow “Consortium “. And in this case any one of the member of the consortium must have valid CMMi level 3 Certification or higher


434 Vol II- Annexure-IX: Technical Evaluation Parameters Sn 1- Page 54

Average turnover of the firm from System Integration/ ICT Systems Development and Implementation Work in last 3 financial years (i.e. 2014‐2015, 2015‐2016 &2016-2017) (Turnover in INR): Average Turnover ≥ 1000 crore: 5 marks900 ≤ Average Turnover < 1000 crore: 4 marks750 ≤ Average Turnover < 900 crore: 3 marks600 ≤ Average Turnover < 750 crore: 2 marks500 ≤ Average Turnover < 600 crore: 1 mark Relevant extracts from the audited balance sheet and Profit & Loss statement; ORCertificate from the Chartered Accountant with CA’s sign, seal and membership number.

After examining the BOQ and EMD amount, we reckon that the total cost of work to be fairly within the capacity of a bidder who has 100 -150 crore turnover. Considering the complexity and nature of this project and comparing it with past projects of similar nature, it can be ascertained that competent bidders having comparatively lower turnover are also capable of executing this project. Hence we request you to amend the clause as follows:Average turnover of the firm from System Integration/ ICT Systems Development and Implementation Work in last 3 financial years (i.e. 2014‐2015, 2015‐2016 & 2016-2017) (Turnover in INR): Average Turnover ≥ 125 crore: 5 marks100 ≤ Average Turnover < 125 crore: 4 marks75 ≤ Average Turnover < 100 crore: 3 marks50 ≤ Average Turnover < 75 crore: 2 marks


435 Vol II- Annexure-VIII Pre-Qualification Criteria Sn 2 :-Page 52

Annual sales turnover of the bidder during each of the last three financial years (i.e., 2014‐2015, 2015-2016 & 20162017), should be at least Rs. 500 Crores.Certificate issued by Chartered Accountant with CA’s registration number and seal.

After examining the BOQ and EMD amount, we reckon that the total cost of work to be fairly within the capacity of a bidder who has 100 -150 crore turnover. Considering the complexity and nature of this project and comparing it with past projects of similar nature, it can be ascertained that competent bidders having comparatively lower turnover are also capable of executing this project. Hence we request you to amend the clause as follows:Aggregate turnover of the bidder for last three financial years (i.e., 2014‐2015, 2015-2016 & 2016-2017), should be at least Rs. 400 Crores.

As per the RFP

436 RFP Vol II B) Cost for Scanning & Data Digitization Page 60

Cost for Scanning & Data Digitization Please provide an estimate of number of pages to be scanned and digitized.

Bidders to note that the Cost for Scanning & Data Digitization sought in the Financial Bid Summary

should not be part of Total Cost sought in the Financial Bid.

437 RFP Vol II 2.3.5 Eligible Bidders-Page 8

No consortium or Joint Venture is allowed to participate in the bidding Process

We request that Consortium should be allowed to bring together industry competencies and best practices of two to three organisations for delivering a comprehensive solution

Consortium or Joint Venture is not allowed. However sub-contracting is allowed.

438 RFP Vol II Sn 1 & 5 Annexure-XI: Financial Bid Summary Page 59

Total cost of ERP Solution including Annual Technical Support (ATS) Cost and License Cost (if any) for a period of five years. Total cost for Annual Maintenance Cost (AMC) for the ERP Solution for a period of five years

Kindly clarify the difference between Annual Technical Support and Annual Maintenance Cost (AMC).

As per the RFP

439 Legal EntityAnnexure-VIII/ Volume-II/Pre-Qualification Criteria/ Page-53/80

Should be Company registered under Companies Act, 1956 Or a partnership firm registered under LLP Act, 2008 Should have been operating in the area of software development, implementation, IT consulting for last five years before date of submission of bid.

Bidder requests to consider the following:In case any bidder has undergone corporate restructuring (including merger, demerger, hive off, slump sale etc.), it may showcase credentials including the Financials of its erstwhile / current entity provided sufficient documentary proof is submitted with the bid to evince that such credentials & Financials have accrued to / transferred to / are in the name of the bidding entity and the bidding entity is authorized to use such credentials and financials.

Agreed

440 Technical Capability Annexure-VIII/ Volume-II/Pre-Qualification Criteria/ Page-53/80

Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s) of value specified herein : • One project not less than the amount value equal to 15 Crores; OR • Two projects not less than the amount equal value equal to 7.5 Crores; OR • Three projects not less than the amount equal value equal to 5 Crores

Bidder request for the change as highlighted in RED: Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s) or PSU of value specified herein : • One project not less than the amount value equal to 15 Crores; OR • Two projects not less than the amount equal value equal to 7.5 Crores; OR • Three projects not less than the amount equal value equal to 5 Crores


441 Annexure-IX: Technical Evaluation ParametersVolume -II/ Page 55/80.

Relevant experience of executing ERP project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) as System

Bidder Request for change highlighted in RED:Completion certificates from the client;ORWork order + Self certificate of completion;ORWork order + Phase completion certificate from the clientAlong with Annexure VII The clause needs to be modified as below:Relevant experience of executing ERP


Integrator for ERP solution design, development/ deployment, Data Center built, hardware supply, installation, commissioning, maintenance and operations support.• Experience of executing 1 Project: 5 marks• Experience of executing 2 Projects: 10 marks• Experience of executing 3 or more Projects: 15 marksNote: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

project(s) or Software/ IT project(s) worth more than 10 crore in last 10 years (from the date of bidding) for Urban Local Bodies, Development Authority/ Housing Board/ Municipalities or for Central/ State Government Department(s) or PSU as System Integrator for ERP solution design, development/ deployment, Data Center built, hardware supply, installation, commissioning, maintenance and operations support.• Experience of executing 1 Project: 5 marks• Experience of executing 2 Projects: 10 marks• Experience of executing 3 or more Projects (minimum 2 projects should be from the organizations mentioned above. One project should can be from any other industry): 15 marksNote: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

442 Annexure-IX: Technical Evaluation ParametersVolume -II/ Page 55-56/80.

Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector. The work order should have been issued within the last 10 years, as on date of submission of bid. • Experience of executing 1 Projects: 4 marks • Experience of executing 2 Projects: 8 marks • Experience of executing 3 Projects: 12 marks • Experience of executing 4 Projects: 16 marks • More than 4 Projects: 20 marks Note: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

Bidder Request for change highlighted in RED:Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development / customization, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector/ PSU. The work order should have been issued within the last 10 years, as on date of submission of bid. • Experience of executing 1 Projects: 4 marks • Experience of executing 2 Projects: 8 marks • Experience of executing 3 Projects: 12 marks • Experience of executing 4 Projects: 16 marks • More than 4 Projects: 20 marks Note: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.


443 Annexure-IX: Technical Evaluation Parameters Volume -II/ Page 56/80.

Bidder’s Certifications: a. CMMi level Certification • Possess CMMi Level 3 Certificate – 1 Marks • Possess CMMi Level 4 Certificate – 3 Marks • Possess CMMi Level 5 Certificate – 5 Marks b. ISO 27001 certification – 2 marks c. ISO 20000 certification – 3 marks

Please clarify that the Certificate of the Parent Company can be used for the Project. While the Entity participating in the Tender has to be wholely owned subsidary of the Parent organisation.

As per the RFP

444 Volume-II, Page 8 of 79


Looking at the Project size and the vast scope we would request GNIDA to allow consortium to be formed with joint and Several responsibilities and the Lead bidder to be responsible for all the deliverables even in case of consortium.

Consortium or Joint Venture is not allowed. However Sub-contracting is allowed.

445 Volume II, 2 Instructions to Bidders, 2.27 Taxes & Duties (Pg 26/27) Volume III, 13 Financial Matters, 13.3 Tax (Pg 20)

2.27.4 Statutory variation in all statutory taxes, duties, cess and levies in India during the contractual period shall be to SI’s account. 13.3.3 If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes, duties and other charges while executing the task should be borne by the System Integrator.

Not acceptable. Any variation in tax or tax structure has to be borne by the customer.


446 Volume II,4 Award of Contract, 4.5 Performance Bank Guarantee (Pg 35) Volume II, 5 Other General Terms and Conditions 5.8 Forfeiture of Performance Bank Guarantee (Pg 40)

Bidder seeks PBG to be provided at 10% of annual contract value and shall be renewed yearly at 10% of relevant subsequent year’s contract value. Please note PBG can be invoked only in case of material breach and after providing cure period of 30 days to the bidder.

As per the RFP

447 Volume II,5 Other General Terms and Conditions, 5.5 Suspension (Pg 39)

GNIDA may, by written notice to bidder, suspend all payments to the bidder hereunder if the bidder fails to perform any of its obligations under this contract including the carrying out of the services, provided that such notice of suspension-a) Shall specify the nature of failure.b) Shall request the bidder to remedy such failure within a period not exceeding thirty (30) days after receipt by the bidder of such notice of failure.

We request that no payments already due to the bidder can be suspended or withheld. GNIDA has other contractual remedies available to it in case of failure of bidder to provide the services or rectify the defects, which includes claiming PBG, damages for breach of contract and termination rights.


of the RFP (ref.:


23-02-2018

448 Volume II, 6 Payment Schedule (Pg 43) Volume III,

60% of the total investment will be paid out to vendor at the time of Go-Live, based on the milestones achieved and balance payment of 40% will be paid out in equal parts over

70% of the total investment will be paid out to vendor at the time of Go-Live, based on the milestones achieved and balance payment of 30% will be paid out in equal parts monthly over the rest of the five (5) years based on the


of the RFP (ref.:

SCHEDULE IV – Payments Schedule (Pg 44)

the rest of the five (5) years based on the achievements of milestones/ quality of services provided by selected bidder.

achievements of milestones/ quality of services provided by selected bidder. We propose following changes to the payment terms: A. Implementation Phase 1.Mobilization fees against submission of Performance Bank Guarantee and signing of Master Service Agreement- 15% 2. Business Blueprint finalization and sign-off from GNIDA- 15% 3. Setting up of cloud platform for ERP application hosting 20% 4. ERP application Go-Live - 20% B.Operations & Maintenance Phase 1. Sixty monthly instalments over five (5) years from the “Go-Live” date, each instalment being a maximum of 0.5% of total contract value depending upon the monthly performance


23-02-2018

449 Volume II,Annexure-XVII: Integrity Pact, 7 Fall Clause (Pg 74)

The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Government Department (State or Central Government), Authority or PSU and if it is found at any stage that similar product/systems or subsystems was so supplied by the BIDDER to any other Government Department (State or Central Government), Authority or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

Please have the Fall Clause deleted. Most favored pricing or fall clause is hard for Bidder to furnish, as the price of another contract may be dependent on several factors which may be different from the current tender process. These include legal provisions in contracts, payment terms and exchange rate at the time of procurement.


450 RFP_Vol_II; Section 2.16; Page 20 (Terms & Conditions of Bidders)

2.16 Terms & Conditions of Bidders 2.16.1 Any terms and conditions of the bidder will not be acceptable at any stage of bidding process. 2.16.2 Any terms and conditions of the bidders mentioned in the bid will not be considered as a part of their bids and/or contract.

Please clarify the intent and extent of applicability of this provision. The software and hardware provided will be at the licensing and usage terms of the OEM. The warranty will be as per the warranty terms of the OEM. It is not agreeable that no terms of the bidder is acceptable. in order to build a proposal and solution, bidder will be required to make certain assumptions and lay our dependencies on GNIDA. Roles and responsibilities of each

As per the RFP

party will be laid down. These must be accepted by GNIDA. please clarify that the bidder is allowed to raise assumptions and dependencies.

451 RFP_Vol_II; Section 2.17; Page 21 (no-deviation bid)

2.17.1 No deviations in the terms and conditions as laid out in the RFP will be accepted.

We seek clarification that the response to RFP shall be deemed acceptance of the RFP terms except for such specific sections against which deviations are proposed by the bidder. We request confirmation that limited deviations can be proposed by the bidder. We submit that the contract to be signed between GNIDA and and bidder be a mutually acceptable agreement, incorporating the terms of bidder’s proposal.

As per the RFP

452 RFP_Vol_II; Section 4; Page 35 (Contract terms)

GNIDA reserves the right to present a contract to the bidder selected for negotiations. 4.3 - GNIDA shall have the right and authority to negotiate certain terms with the successful bidder before signing of the Contract. The signing of the Contract shall amount to award of the Contract and the successful bidder shall initiate the execution of the work as specified in the Contract.

Will the bidder be allowed to raise deviations to the MSA terms under Volume III and negotiate with GNIDA? In order to remove ambiguity, we suggest that an separate SOW be put in place by the parties to clearly define the scope of work, assumptions, dependencies and roles and responsibilities. This document will prevail over the RFP and tender document.

As per the RFP

453 RFP_Vol_II; Section 2.31; Page 29 (Indemnities)

Intellectual Property Rights (IPR) Indemnity2.31.1 The bidder shall, indemnify and hold harmless the GNIDA and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the GNIDA may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other IPR registered or otherwise existing at the date of the contract by reason of:a) The installation of the Products/Services by the Bidder or the use of the Products/Services in the country where the Site is located; andb) The sale in any country of the products produced by using the Products / materials purchased under the contract.

Please clarify that all indemnification obligations will be as per the MSA terms under Vol III and in case of any discrepancies, the term of Vol III will prevail.We request to clarify that the indemnification obligation is limited to third party claims only and only to the extent of direct damages and losses.b) what does sale of products using products purchased under the contract mean? Bidder cannot be made responsible for any infringement that results from sale of derived products unless such infringement can be purely attributed to the bidder's product. Understanding is that that above clause is not applicable. Please confirm.

As per the RFP

454 RFP_Vol_II; Section 4.8; Page 37 (Termination)

4.8 Exit/ Suspension/ Termination of Contract with SI Please confirm that this will be as per the termination provisions of the MSA.


455 RFP_Vol_II; Section 4.9; Page 38 (Transfer of Assets)

4.9.1 In case of exit or suspension or termination, the selected bidder may be directed by GNIDA to continue specific services and also to maintain all project assets including application software, databases, system software, hardware and networking, including documents or any other relevant material that may be in its custody or control, relating to its activities as Selected Bidder till the time required by GNIDA or a new Selected Bidder comes on board.4.9.2 Termination of the selected bidder shall be with immediate effect and would be subjected to the directions of GNIDA. In such a situation, GNIDA may direct selected bidder to continue discharging its role and responsibilities in the transition phase, and/or appoint an administrator to take over the project assets and the management of selected bidder functions and/or appoint any agency to take over the project assets and the management of the selected bidder functions, and/or appoint a successor selected bidder and:a) Transfer all or part of the project assets and the management of the selected bidder functions to the new selected bidder, and/orb) Determine the residual value of the project assets based on guidelines or fair value as determined by GNIDA, orc) Ensure smooth transfer of project assets both tangible and intangible to the new Selected Bidder.

4.9.1 - Please confirm that this obligation will only be for the period of exit transition of 6 months. What does project asset mean? Is the scope limited to only those assets which are exclusively used / procured for GNIDA?4.9.2 - please clarify that the termination will be as per the terms of the MSA and as agreed between the parties. please confirm that only those assets which are exclusively used or procured for GNIDA will be transferred.

4.9.1 Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018 4.9.2 It will governed by the termination clause given in MSA.

456 RFP_Vol_II; Section 5.11; Page 42 (Contract extension)

GNIDA reserves the right to extend the contract / portion of the contract with either same or revised terms and conditions as mutually agreed by both parties or by accounting for rupee depreciation on present contract value.

Please confirm that the contract cannot be unilaterally extended by GNIDA. It will be with mutual agreement of the parties.


457 RFP_Vol_II; Section 5.12; Page 42 (Breach of laws)

5.12 Breach of Statutes The successful bidder shall indemnify GNIDA against all penalties and liabilities of every kind of breach of any Statutes, Ordinance, Rules and Regulations or By-laws as may be applicable for and in the execution of the contract.

we submit that the Bidder will indemnify for breach of those Statutes, Ordinance, Rules and Regulations or By-laws which are applicable to it and its business. It will be GNIDA's responsibility to make the bidder of aware of any laws applicable to it that needs to be complied by the bidder.

As per the RFP

458 RFP_Vol_II; Section 5.15; Page 43 (Ownership)

5.15.1 The end product of the work assignment carried out by the bidder, in any form, will be the sole property of GNIDA.

This is a very general statement and is not agreeable. The ownership and IP rights between the parties will be as per the MSA terms under Volume III. Please clarify and elaborate on the extent and meaning of this statement.


Only those deliverables which are exclusively developed for GNIDA under this agreement will be owned by GNIDA. IPR and ownership in other material will rest with the party which develops it.

459 RFP_Vol_II; Page 45; Annexure-I: Cover Letter

Entire Annexure We seek clarification that the response to RFP shall be deemed acceptance of the RFP terms except for such specific sections against which deviations are proposed by the bidder. We request confirmation that limited deviations can be proposed by the bidder. Can the annexure be modified to make this stance clear? We submit that the contract to be signed between GNIDA and and bidder be a mutually acceptable agreement, incorporating the terms of bidder’s proposal.

As per the RFP

460 RFP_Vol_II; Page 59; Annexure-X: Financial Proposal Format

The Financial Bid has been quoted without seeking any minimum guarantee support from GNIDA.

What does minimum guarantee support mean? Please clarify.

As per the RFP

461 RFP_Vol_II; Page 62; Annexure-XII: Format for Performance Bank Guarantee (PBG)

3. The Guarantor shall, without demur, pay to GNIDA sums not exceeding in aggregate INR ___________, within five (5) calendar days of receipt of a written demand therefor from GNIDA stating that the Company has failed to meet its obligations under the Agreement.

we request inclusion of the following wordings in bold: The Guarantor shall, without demur, pay to GNIDA sums not exceeding in aggregate INR ___________, within five (5) calendar days of receipt of a written demand therefor from GNIDA stating that the Company has failed to meet its obligations under the Agreement, provided GNIDA has given a notice and cure period of 30 days to the bidder to rectify its breach or meet its obligations and the bidder has failed to rectify or meet its obligations within such 30 days or other period as agreed between GNIDA and the bidder.

As per the RFP

462 RFP_Vol_II; Page 67; Annexure-XIV: Format for Manufacturer’s Authorization Form (MAF)

We hereby extend our full guarantee and warranty with respect to the Goods offered by the bidding firm for the entire contract period and any extension thereof in reply to this Invitation for Bids.

OEMs generally do not agree to provide any guarantee with respect to the goods offered. We request that the clause be modified as below: We hereby extend our full warranty as per our standard warranty terms with respect to the Goods offered by the bidding firm for the entire contract period and any extension thereof in reply to this Invitation for Bids.

As per the RFP

463 RFP_Vol_II; Page 68; Annexure-XV: Format

We understand that all the material related to software products, including, but not limited to, software, programs,

Ownership and IPR will be as per the terms of the MSA. IPR in material that is exclusively developed for GNIDA as part


for Source Code Declaration

source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof (collectively, the “Products”) developed by System Implementer (SI) in connection with this agreement, shall be the sole property of GNIDA. Implementer (SI) shall handover and transfer all the rights, assets, technical knowhow, documentation, source code, records, data, licenses, securities and all such relevant items that may be necessary for the smooth transition process.We understand GNIDA reserves the right to retain the full and exclusive ownership rights of the Customizing Application Software and any other proprietary rights related to the Customize Software. All the source code and its related documents shall be property of GNIDA.The ownership of source code of all applications developed for IT systems shall be transferred to Administrative Head of System Department, GNIDA. GNIDA shall have all rights on Software, Source Code and related documentation for its unlimited, unrestricted use within GINDA at unlimited number of locations, machines, computers, gadgets etc. However, GNIDA shall not allow its use to any other agencies for commercial or non-commercial purposes.

of this agreement and as agreed between the parties will be with GNIDA. IPR in rest of the material will be with the party that develops it. this annexure is very generally written and cannot be agreed. Source code for all software and licenses used in the provision of services cannot be given to GNIDA what does customizing application software mean? Any customizations will vest in the party to which the product / software belongs. IPR and ownership in customizations cannot be given to GNIDA.

Ping/2018/IF-152/218) dated 23-02-2018

464 RFP_Vol_II; Page 69; Annexure-XVI: Format for Undertaking on Exit Management and Transition

I/We hereby undertake that at the time of completion of our engagement with GNIDA, either at the End of Contract or termination of Contract before planned Contract Period for any reason, we shall successfully carry out the exit management and transition of this Project to the GNIDA or to an agency identified by GNIDA to the satisfaction of the GNIDA.I/We also understand that the Exit management and transition will be considered complete on the basis of approval from GNIDA.

We would like to seek change that the exit management will be carried out as agreed between the parties and not to the satisfaction of GNIDA. Satisfaction of GNIDA is a subjective term and cannot be quantified.Approval must be given by GNIDA if the activities are completed as agreed in the exit managemnet plan. please confirm this.


465 RFP_Vol_II; Page 70; Annexure-XVII: Integrity Pact (fall Clause)

7 Fall Clause The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Government Department (State or Central Government), Authority or PSU and if it is found at any stage that similar product/systems or subsystems was so supplied by the

We propose deletion of this clause as the circumstances under which services provided to customers are rarely same and vary depending on many factors. So the rates cannot be guaranteed. We may be in a position to guarantee this, if all circumstances and factors for provision of services including, requirements of the customer, type of services, scope of services, term of the services are exactly


BIDDER to any other Government Department (State or Central Government), Authority or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

same and the customer's body constitution, business and industry is substantially the same.

466 RFP_Vol_II; Section 2.11.5; Page 17 (EMD)

In case of unsuccessful bidder, earnest money/ bid security will be released on request from the bidders on a date subsequent to the signing of contract with the successful bidder.

we request that the bid security of the unsuccessful bidders be released upon notification to the unsuccessful bidder of its rejection.

As per the RFP

467 RFP_Vol_II; Section 2.15.6; Page 20 (Fixed Price)

2.15.6 The prices/rates quoted by the bidder shall remain firm (fixed) during the entire Contract Period and shall not be subject to any variation on any account except in case of statutory taxes, duties and levies.

Please clarify that any changes in scope, timelines or other requirements of GNIDA which leads to additional costs of the Bidder will be paid by GNIDA. Also any additional costs incurred by the bidder due to delays, defaults or breaches not attributable to the bidder will be paid by GNIDA. We submit that price quotes are subject to certain assumptions and dependencies identified by the bidder during the process of solutioning. We suggest that if these assumptions are held untrue or invalidated, or dependencies are not fulfilled, prices may be varied to accommodate the invalidation of assumptions.

As per the RFP

468 RFP_Vol_II; Section 2.27.4; Page 28 (variation in Taxes)

Statutory variation in all statutory taxes, duties, cess and levies in India during the contractual period shall be to SI’s account.

This is not agreeable. Any increase in statutory taxes which must be paid by GNIDA will be responsibility of GNIDA


469 RFP_Vol_II; Section 4.5; Page 36 (PBG)

4.5.2 The successful bidder shall ensure that the Performance Guarantee is valid at all times during the Term of the contract (including any renewal) and for a period of 180 days beyond all the contractual obligations / completion of contract period / tenure of the appointment.4.5.3 GNIDA shall notify the bidder in writing of the exercise of its right to receive such compensation within 14 days, indicating the contractual obligation(s) for which the bidder is in default.4.5.4 Before invoking the PBG, the vendor will be given an opportunity to represent before GNIDA. The decision of GNIDA on the representation given by the vendor shall be final and binding. If

4.5.2 - We submit that the Performance security be limited to 5% of yearly contract value, valid for one year and renewable yearly for 5% of that year's contract value. We request that the PBG be closed and returned to the bidder after 60 days of completion of the contract.4.5.3 - Please clarify if the notice of 14 days will be given before or after the invocation of PBG.4.5.4 - We request that the bidder be given a notice of 30 days to cure any breaches before claims are made from the PBG. GNIDA shall have the right to invoke PBG in case bidder fails to cure the breach within such cure period.

As per the RFP

circumstances so warrant, the matter may be referred to an arbitrator to be appointed by GNIDA with mutual consent.

470 RFP_Vol_II; Section 5.8; Page 40 (PBG)

5.8 Forfeiture of Performance Bank Guarantee5.8.1 In case of a successful bidder, the PBG submitted by the bidder shall be forfeited under the following conditions:a) If the bidder violates any such important conditions of this RFP.b) If the bidder indulges any such activities as would jeopardize the interest of GNIDA in timely finalization of this RFP document.5.8.2 The decision of GNIDA regarding forfeiture of PBG shall be final and not be called upon question under any circumstances. A default in such a case may involve black listing of the bidder.

Please confirm that the terms of section 4.5 are applicable to this clause. We request that PBG be claimed only as per the terms stated above, ie., in case of material breaches only and after giving a notice and cure period of 30 days to rectify such breaches. In no event can the PBG be forfeited. It can only be claimed to the extent of direct damages incurred by GNIDA. Please confirm that this is agreeable.


of the RFP (ref.:


23-02-2018

471 RFP_Vol_II; Section 5.5; Page 40 (Payments Suspension)

GNIDA may, by written notice to bidder, suspend all payments to the bidder hereunder if the bidder fails to perform any of its obligations under this contract including the carrying out of the services, provided that such notice of suspension- a) Shall specify the nature of failure. b) Shall request the bidder to remedy such failure within a period not exceeding thirty (30) days after receipt by the bidder of such notice of failure.

We request that no payments already due to the bidder can be suspended or withheld. GNIDA has other contractual remedies available to it in case of failure of bidder to provide the services or rectify the defects, which includes claiming PBG, damages for breach of contract and termination rights.


of the RFP (ref.:


23-02-2018

472 RFP Vol-II, Annexure – III, page no-53

The bidder should have valid CMMi level 3 Certification or higher at the time of bidding

Can it be exempted or replaced with ISO Certification? Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

473 RFP Vol-II, Annexure –III, page no-53

Annual sales turnover of the bidder during each of the last three financial years (i.e., 2014-2015, 2015-2016 &2016-2017), should be at least Rs. 500 Crores.

We would like to request to take it a minimum turnover as 50 Cr.so that more bidders can participate to get a competitive pricing.

As per the RFP

474 RFP Vol-II, Annexure – III, page no-53


We would like to request to get it down as 250 employees Full time manpower resources on roll

As per the RFP

475 Annexure-XI: Financial Bid Summary, page 59

Total cost of ERP Solution including Annual Technical Support (ATS) Cost and License Cost (if any) for a period of five years. This price shall include price of ERP software, ESS license and development environment for proposed ERP application.

It is submitted for clarifications that - while the financial proposal mentions price quotation for a period of 5 years; however as the RFP and scope, there's a support engagement for 5 years post Final Go-Live, which essentially means that the entire engagement cannot be for 5 years rather 5+ years. Hence, it is requested to GNIDA to clarify whether the price quote shall be for 5 years

5 years is from the date of Go-Live.

irrespectively or there's a gap and shall be amended accordingly?

476 RFP Vol-II, Section 2.27.1, page 26

All Custom Duties, Excise Duties, GST and any other Taxes, Duties, Cess and Levies payable by the bidders in respect of the transaction between the bidders for procuring any services, components, sub-assemblies, raw-materials and equipment shall be included in the bid price and no separate claim on this behalf will be entertained by GNIDA.

It is submitted and requested to GNIDA that - taxes are dependent on Government regulations and thus are totally changeable wherein neither party has a role play. Hence it is requested that - all taxes as applicable on the services/materials rendered should be payable to the SI/bidder as on the date of Invoice or as per the government's regulations.


477 RFP Vol-II, Section 2.3.5, page 8

No consortium or Joint Venture is allowed to participate in the bidding Process

It is submitted to GNIDA that - in such large engagement, which multiple deliverables (infra/software/ATS/services/AMS, etc.) it is natural that lead bidders may come in with consortium(s) for certain deliverables e.g. Infra/Licensing. Else, it become very selective in the bidder choice! Thus is it requested that - consortium be allowed in the bidding process.

Consortium or Joint Venture is not allowed. However sub-contracting is allowed.

478 Annexure-VIII, RFP Vol-II, Point #5, page 52

Technical Capability We'd like to submit and request GNIDA that while value is one parametering for guaging the project, but it's not the best. Hence we'd suggest to have No. Licenses also to be included as another parameter. Thus each section to have value or No. of licenses for evaluation. e.g. One project not less than the amount value equal to 15 Crores or 1000+ user base and so on.

As per the RFP

479 Annexure-VIII, RFP Vol-II, Point #6, page 53

Certification - The bidder should have valid CMMi level 3 Certification or higher at the time of bidding.

While GNIDA is considering a QCBS evaluation and have also kept some strong evaluation criterias as well; however keeping Quality parameter at medium level would result into variable outcome. Thus it is requested to GNIDA to revisit and consider have the point amended to CMMI Level 5 instead of 3.

As per the RFP

480 Annexure-XVI, RFP Vol-II, page 69

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

Open Ended Risk Purchase - We request GNIDA to revisit and ensure that such risk purchases are capped to the overall service value in the contract i.e. serial # 2 of Annexure XI


481 Annexure-I: Cover Letter

Company Secretary We request you to kindly allow the bidder signing authority to sign the tender proposla documents

As per the RFP

482 Annexure-IX: Technical Evaluation Parameters, pt.no.3

Relevant experience of executing software development & maintenance services project(s) on turnkey basis (including ERP implementation/ Bespoke Development, Infrastructure, technical & manpower support, and operations & maintenance support) worth more than 20 crore in Government Sector. The work order should have been issued within the last 10 years, as on date of submission of bid. · Experience of executing 1 Projects: 4 marks · Experience of executing 2 Projects: 8 marks · Experience of executing 3 Projects: 12 marks · Experience of executing 4 Projects: 16 marks · More than 4 Projects: 20 marks Note: Projects should be substantially completed i.e. completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

Request to reduce the number of projects requirment. As per the RFP

483 2.27 Taxes & Duties (Vol.II)

2.27.4 Statutory variation in all statutory taxes, duties, cess and levies in India during the contractual period shall be to SI’s account

Any change in statutory obligations will be borne by Client. Please refer Corrigendum - 1

of the RFP (ref.:


23-02-2018

484 6 Payment Schedule (Vol.II)

Implementation Phase1. Mobilization fees against submission of Performance Bank Guarantee and signing of Master Service Agreement - 5% 2. Business Blueprint finalization and sign-off from GNIDA - 10%3. Setting up of cloud platform for ERP application hosting - 20% 4. ERP application Go-Live - 25%

Request to revsie the payment terms as follows:Software Licenses : 100% on delivery.ATS: Yearly in Advance.Implementation charges as below:1. Mobilization fees against submission of Performance Bank Guarantee and signing of Master Service Agreement - 5% 2. Business Blueprint finalization and sign-off from GNIDA(T + 10 Weeks)- 10%3. Solution Architecture and Design (T + 12 weeks) - 2%4)Finalization of Data Migration methodology, Master Data Structures and Templates (T + 14 Weeks) - 3%5) Commissioning of Cloud Platform and Disaster Recovery Centre along with supporting software/ tools. (T + 24 Weeks) -10%6) Acceptance testing of Cloud Platform and Disaster Recovery Centre(T + 30 Weeks) - 5%7) Development or Customization of ERP Solution T + 32 Weeks - 5%8) Data Migration T + 34 Weeks - 5%9) System Testing T + 36 Weeks -3%10) User Acceptance Testing T + 38 Weeks - 2%11) Training to key staffs T + 40 Weeks -3%12) Completion of Security Audit & System ready for “Go-Live” T + 42 Weeks -2% 13) Go-Live Date -5%Support / Maintanince phase- Quaterly advance


of the RFP (ref.:


23-02-2018

485 Annexure-XII: Format for Performance Bank Guarantee (PBG) (Vol.II)

PERFORMA OF BANK GUARANTEE Would request that the following be added to the bank guarantee text for EMD:Notwithstanding anything contained herein above :i. Our liability under this Bank Guarantee shall not exceed Rs._______/- (Rupees _______________Only).ii. This Bank Guarantee shall be valid up to __________ ; andiii. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only if any claim or demand is received by us in writing, as stated in this Bank Guarantee, at this office by hand, by post or by courier, by close of banking hours, on or before__________, thereafter the Bank will stand discharged of all its liabilities in all respect whether or not the original Bank Guarantee is returned to us.

As per the RFP

486 Volume-II/ 2. Instructions to Bidders / 2.3 Eligible Bidders/2.3.5/Page 8


Looking at the requirements and scale of project “we request to kindly allow consortium to bid in jointly and Severally liable way with some consortium pre-qualifications criteria i.e. Turnover, Networth, Quality Certifications and experience in ERP implementation in Urban sector”.


487 Volume-II/ Annexure-VIII: Pre-Qualification Criteria/ S. No. 2 /Page 8


Looking CMMI Level3 Certifications requirement in the said RFP and asking turnover of the bidder is on very higher side i.e. 500 Cr. each last 3 FY.Request to Amend the clause as “Annual sales turnover of the bidder during each of the last three financial years (i.e., 2014‐2015, 2015-2016 & 2016-2017), should be at least Rs. 70 Crores.ORAllowed consortium to bid and consider Lead Bidder Turn Over in each last 3 financial year (i.e., 2014‐2015, 2015-2016 & 2016-2017), should be at least Rs. 500 Crores.Similarly Considering Consortium, Amend the technical evaluation parameter and marks.We are pioneer in e-Governance in India providing software solutions to over 700+ ULBs across India, and would like to participate for the Bid of GNIDA.

As per the RFP

488 Volume II\ 2.9\ 16\ Bid validity

e-Bid shall remain valid for 180 days (One Hundred Eighty days) from the bid submission due date/ end date as prescribed by the GNIDA. An e-bid valid for a shorter period shall be rejected by the GNIDA as non-responsive.

Request bid validity period to be reduced to 60 days. As per the RFP

489 Volume II\ 2.15\ 20\ Financial Proposal

2.15.4 The Financial Proposal should clearly identify as separate amounts, the local, duties, fees, levies, and other charges to be incurred under the applicable law. The final

Prices submitted shall be exclusive of taxes. Request modification accrordingly.There shall be a a reprice clause. The price caanot remain fixed incase of any change in the


quoted prices shall be inclusive of statutory taxes, duties, cess and other levies.2.15.5 The Financial Proposal will be outright rejected if the statutory taxes, duties, levies, cess etc. quoted are higher than the prevalent rates as on date of bid submission;2.15.6 The prices/rates quoted by the bidder shall remain firm (fixed) during the entire Contract Period and shall not be subject to any variation on any account except in case of statutory taxes, duties and levies. A bid submitted with a variable price quotation will be treated as non-responsive and hence shall be liable to be rejected.

actual scope as compared to RFP. Request modification accrordingly.

Ping/2018/IF-152/218) dated 23-02-2018

490 Volume II\ 2.17\ 21\ Deviations in Terms and Conditions of RFP

No deviations in the terms and conditions as laid out in the RFP will be acceptedThe evaluation committee overseeing the RFP reserves the right to waive minor irregularities. The evaluation committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive bids fail to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the evaluation committee(refer RFP for complete clause)

Bidder requests that its acceptance be read along with its proposal including its deviations contained herien. Request confirmation.

As per the RFP

491 Volume II\ 2.18\ 22\ Throughout the duration of this bidding process and contract term, bidders must secure from GNIDA, written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the bid or termination of the contract

Request deletion of "Failure to adhere to this requirement may result in disqualification of the bid or termination of the contract"

As per the RFP

492 Volume II\ 2.25.3\ 27\ Correction of Errors

b) The amount stated in the Financial Bid will be adjusted by the GNIDA in accordance with the above procedure for the correction of errors and shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected quoted rate of e-bid, his e-bid will be rejected, and his Bid Security shall be liable for forfeiture in accordance with the RFP conditions

Request deletion of " and his Bid Security shall be liable for forfeiture in accordance with the RFP conditions"

As per the RFP

493 Volume II\ 2.30'\ 28\ Assignment/ Sub Contract

Successful bidder shall not assign the project to any other agency, in whole or in part, to perform its obligation under the contract, without GNIDA’s prior written consent. Any

As per clause, we understand, that the expectation here is to seek consent from authority for sub contractor's involvement post award of contract; in that case subcon involvement during bidding stage will not be possbile hence


sub-contracting request shall be addressed to GNIDA for prior permission.

request you to consider allowing subcontracting during bidding stage so that bidders can work with sub contractors and submit best commercial proposal.

494 Volume II\ 4.5\ 36\ Performance Bank Guarantee

The successful bidder shall at its own expense deposit with GNIDA, within fifteen (15) working days of the date of receipt of Letter of Intent of the contract or prior to signing of the contract whichever is earlier, an unconditional and irrevocable Performance Bank Guarantee (PBG) from a scheduled bank acceptable to GNIDA, payable on demand, for the due performance and fulfillment of the contract by the bidder 10% of the total project cost All incidental charges whatsoever such as premium, commission etc. with respect to the Performance Bank Guarantee shall be borne by the bidder. The successful bidder shall ensure that the Performance Guarantee is valid at all times during the Term of the contract (including any renewal) and for a period of 180 days beyond all the contractual obligations / completion of contract period / tenure of the appointment.

Request clarification on " the Performance Guarantee is valid at all times during the Term of the contract (including any renewal) and" since this appears to be top up requirement.

As per the RFP

495 Volume II\ 5.11\ 42\ Extension of Contract

5.11GNIDA reserves the right to extend the contract / portion of the contract with either same or revised terms and conditions as mutually agreed by both parties or by accounting for rupee depreciation on present contract value. The extension of the contract will be based on the performance of the bidder during the contract period which will be reviewed by GNIDA on yearly basis.

Extention has to be on a mutually agreed terms and Price. Request mpodification.


496 Volume II\ 6\ 44\ Payment Schedule

Refer RFP 1. Request deletion of the current proposed payment term for Maintenance and make the same as Quarterly in advance 2. Project schedule has lot of milestone but payment milestones are less in numbers. Request the milestones to be linked to Project schedule for better revenue spread and cash flow. Milestone payments currelty proposed has around 3-4 months gaps.

As per the RFP

497 Volume II\ 6.1.4\ 74\ Integrity pact

6.1.4 To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher

Request deletion of 6.1.4 As per the RFP

than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilised to recover the aforesaid sum and interest.

498 Volume II\ 7\ 75\ Integrity pact - Fall clause

The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Government Department (State or Central Government), Authority or PSU and if it is found at any stage that similar product/systems or subsystems was so supplied by the BIDDER to any other Government Department (State or Central Government), Authority or PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

Request deletion of this clause. Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

499 Volume II\ 9\ 80\ Integrity pact -Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.

Request deletion of clause. As per the RFP

500 Volume II\ 2.3.4\ 8\ Eligible Bidders

Bidder should not have any conflict of interest with any parties included in the bidding process.

How is a conflict of interest defined? Kindly clarify. As per the RFP

501 Volume II\ 2.11.4\ 15\ EMD

2.11.4 The EMD shall be forfeited in the following cases:a) Any information submitted by the bidder is found to be incorrect.b) If bid is withdrawn during the validity period or any extension agreed by GNIDA and bidder thereof.c) If the bid is modified in a manner not acceptable to GNIDA after opening of the bid.d) If the bidder tries to influence the evaluation process.e) If the successful bidder fails to sign the contract in accordance with clause 44.2 “Notification of award”.

Bidder requests the clause be replaced as follows:2.11.4 The EMD shall be forfeited in the following cases:a) Any information submitted by the bidder is found to be wilfully incorrect.b) If bid is withdrawn during the validity period or any extension agreed by GNIDA and bidder thereof.c) If the bid is modified in a manner not acceptable to GNIDA after opening of the bid.d) If the bidder tries to improperly influence the evaluation process in breach of applicable law.e) If the successful bidder fails to sign the mutually


agreed contract in accordance with clause 44.2 “Notification of award.

502 Volume II\ 2.11.7\ 16\ EMD

GNIDA reserves the right to forfeit the EMD or part thereof, in circumstances which according to it indicate that the bidder is not earnest in accepting/ executing any order placed under specification.

Bidder requests this be invoked only if a mutually acceptable order is not being accepted/executed.

As per the RFP

503 Volume II\ 5.12\ 41\ Breach of Status

The successful bidder shall indemnify GNIDA against all penalties and liabilities of every kind of breach of any Statutes, Ordinance, Rules and Regulations or By-laws as may be applicable for and in the execution of the contract.

Bidder requests deletion. All indemnities shall be as specified in Volume III

As per the RFP

504 Volume II\ 5.8 and 4.5\ 39 and 35\ fORfeiture of Performance Bank Guarantee

5.8.1 In case of a successful bidder, the PBG submitted by the bidder shall be forfeited under the following conditions:a) If the bidder violates any such important conditions of this RFP.b) If the bidder indulges any such activities as would jeopardize the interest of GNIDA in timely finalization of this RFP document.5.8.2 The decision of GNIDA regarding forfeiture of PBG shall be final and not be called upon question under any circumstances. A default in such a case may involve black listing of the bidder.

Bidder requests that PBG be forfeited only in events of material breach of the terms and condotiosn herein by the Bidder. Bidder requests deletion of black listing. All decisions shall be subject to the clause on dispute resolution.


of the RFP (ref.:


23-02-2018

505 Volume II\ 5.5\ 38\ Suspension

As per RFP Bidder requests deletion. Please refer Corrigendum - 1

of the RFP (ref.:


23-02-2018

506 Volume II\ 4.6, 4.7 and 4.8\ 36\

As per RFP Bidder requests any termination be as per Clause 14 of Volume III


507 Volume II\ 2.31\ 28\ IPR Indemnity

as per RFP Bidder reqeusts deletion. All indemnities shall be as per Volume III.

As per the RFP

508 Volume II\ 2.21. and 2.22\ 22\

as per RFP Bidder requests deletion of any blacklisting. Bidder requests remedies under these clauses only be initiated if the bidder is in breach of applicable law and has been so declared finally by a competent court.


509 Volume II\ 2.17.1\ 20\ Deviations in Terms and Conditions of RFP

as per RFP Bidder requests that its acceptance be read along with its proposal including its deviations contained herien. Request confirmation.

As per the RFP

510 Additional clause Bidder requests the following clauses be added:Contractor transfers title to a Machine to Customer or, if applicable, Customer’s lessor, upon payment of all the amounts due. For each Machine, Contractor bears the risk of loss or damage up to the time it is delivered to the Contractor-designated carrier for shipment to Customer or to Customer’s designated location. Thereafter, Customer assumes the risk. Each Machine will be covered by insurance, arranged and paid for by Contractor for Customer, covering the period until it is delivered to Customer or Customer’s designated location. For any loss or damage, Customer must i) report the loss or damage in writing to Contractor within 10 business days of delivery and ii) follow the applicable claim procedure.Each party will comply with all applicable export and import laws and associated embargo and economic sanction regulations, including those of the United States.

Not Applicable

511 Volume II\ Annexure-VIII.5\ 52\ Pre-Qualification Criteria

Bidder must have successfully completed or under advance stages (i.e. project should be under User Acceptance Testing or in pilot go-live or near to go-live) of executing project(s) of ERP implementation with Urban Local Bodies or Central/ State Government Department(s) of value specified herein :

1. Request projects with PSUs also to be considered for PQ and evaluation criteria. 2. Request confirmation if global projects will be considered for pre qualification and evaluation criteria. 3. For Global projects and also for clients where NDA is signed and disclosure of project related documentary evidence is highly restricted, we request to consider Self Declaration from Authorized Signatory as a supporting document.

1 & 2. Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018 3. Either Purchase Order or Completion Certificate has to come from the customer.

512 Volume II\ Annexure IX.4\ 55\ Technical Evaluation Parameters

Resource profile including resumes of all key technical resources proposed for the assignment, Relevant assignment experience/ Years of experience/ Number of Certifications in ERP Technology specific to Solution proposed.*

The entire RFP process will take around 6 months to be completed and it will not be possible for bidder to keep its resources reserved without being engaged till such point in time. Request changes to allow bidders to submit indicative CVs to showcase sample of skill sets available with bidder and make available equal or better qualified resources at the time of final deployment, pursuant to contract negotiation and upon receipt of final confirmation on the contract being awarded.Also, request removal of requirement of declaration by HR.

As per the RFP

513 Volume II\ Annexure IX.4\ 55\ Technical Evaluation Parameters

Evaluation Criteria for Proposed Team against Sl. No. 4 of Annexure IX

Request PSU experience to be considered for profiles s/No. 3,4,5 & 7.


514 Annexure-IX, point 2 & 3, Vol-II, pg.54 of 79

Note: project should be substantially completed ie completed or 70% completed. For 70% completion please attach client certificate or payment receipt confirmation.

It is not possible to get customer certificate for 70% completion. Also for large ticket projects , payment receipt of 70% project value is not achieved during phase completion. Request to accept self certificate issued by Company secretary, stating that at least one phase of the project has become operational worth more than 10Cr.

as per the RFP

515 Page 57 of 79, vol-II ULB experience asked for Subject matter expert, solution Architect, module lead, Business analyst.

Request to remove experience of ULB considering high resource attrition rate in IT industry


of the RFP (ref.:


23-02-2018

516 Page 43 of 79, Vol-II, clause 6

Payment Request to consider 100% payment of ERP licenses on delivery.


of the RFP (ref.:


23-02-2018

517 Vol-III, 13.2.4; Pg. 19 Payment shall be made within 30 working days of the receipt of invoice along with supporting documents by the GNIDA subject to penalties.

It is recommended to pay the invoices raised by TCS within 30 days of receipt of invoices, failing which interest @ 2% per month shall be charged.

As per the RFP

518 Vol-III, 16.2; Pg. 26 The liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement.

It is recommended to include the clause and liability of TCS should not exceed 10% of contract value under this clause.

As per the RFP

519 Vol-III, 16.2; Pg. 44 Payment Schedule It should be in sync with implementation timelines given in schedule III.


520 Vol-III, 16.2; Pg. 44 Payment Schedule It is recommended to change the payment terms as mentioned below, because RFP terms are not favorable. - 100% payment for Hardware and Software on delivery and Installation. - 100% payment for Implementation Services till Go-live


- 100% payment of training cost upon completion of training - 100% payment for Data Migration upon completion of migration - 100% payment for Site preparation upon completion of sites - Payment for Infra O&M as equated quarterly installment in Advance - Payment for Services O&M as equated monthly installment in Arrears.

521 There is no clause for transfer of ownership for H/W & S/W to customer.It is recommended that ownership of H/W, S/W and equipments shall be transferred to customer upon delivery.

Not applicable.

522 Master Services Agreement

6 Change of Control 6 Change of Control As per the RFP

523 7.1 Representations and warranties of the System Integrator

7.1 Representations and warranties of the System Integrator

As per the RFP

524 14 Termination 14 Termination As per the RFP

525 Termination in case of default and non payment of fees: As per the RFP

526 System Integrator may terminate this Agreement for cause if GNIDA materially breaches this Agreement, provided System Integrator gives GNIDA notice of such breach and it remains uncured after 30 days following notice.

As per the RFP

527 If any amount due and payable by GNIDA under the Agreement is more than 30 days overdue; and there is no dispute between GNIDA and System Integrator in relation to that amount, System Integrator may issue to GNIDA a notice that payment is overdue. If Client fails to pay System Integrator within 7 days after the date of such notice, System Integrator may by a further notice to GNIDA terminate the Agreement or at its election withdraw services or stop performance of its obligations until payment is made.

As per the RFP

528 15 Exit Management 15 Exit Management As per the RFP

529 16.2 Limitation of Liability 16.2 Limitation of Liability As per the RFP

530 16.2.1 The liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement. The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18.

16.2.1 The liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed total amount paid to System Integrator by GNIDA in the preceding twelve months under that applicable work that gives rise to such liability (as of the date the liability arose); . The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 .

As per the RFP

531 16.2.2 In no event shall either party be liable for any consequential, incidental, indirect, special or punitive damage, loss or expenses (including but not limited to business interruption, lost business, lost profits, or lost savings) nor for any third party claims (other than those set-forth in Clause 16.1) even if it has been advised of their possible existence.

16.2.2 In no event shall either party be liable for any consequential, incidental, indirect, special or punitive damage, loss or expenses (including but not limited to business interruption, lost business, lost profits, or lost savings) nor for any third party claims (other than those set-forth in Clause 16.1) even if it has been advised of their possible existence.

As per the RFP

532 16.2.3 The allocations of liability in this Section represent the agreed and bargained for understanding of the parties and compensation for the Services reflects such allocations. Each Party has a duty to mitigate the damages and any amounts payable under an indemnity that would otherwise be recoverable from the other Party pursuant to this Agreement by taking appropriate and commercially reasonable actions to reduce or limit the amount of such damages or amounts.

16.2.3 The allocations of liability in this Section represent the agreed and bargained for understanding of the parties and compensation for the Services reflects such allocations. Each Party has a duty to mitigate the damages and any amounts payable under an indemnity that would otherwise be recoverable from the other Party pursuant to this Agreement by taking appropriate and commercially reasonable actions to reduce or limit the amount of such damages or amounts.

As per the RFP

533 19.3 Pre-existing work 19.3 Pre-existing work As per the RFP

534 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”) including any enhancement or modification thereto 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 and modify any of its

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”) including any enhancement or modification thereto 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 and modify any of its

As per the RFP

pre-existing work provided to the other party solely for the performance of such services for duration of the Term of this Agreement. Except as may be otherwise explicitly agreed to in a statement of services, upon payment in full, the System Integrator should grant GNIDA a non-exclusive, perpetual, fully paid-up license to use the pre-existing work in the form delivered to GNIDA as part of the service or deliverables only for its internal business operations. Under such license, either of parties will have no right to sell the pre-existing work of the other party to a Third Party. GNIDA’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 GNIDA at the conclusion of performance of the services.

pre-existing work provided to the other party solely for the performance of such services for duration of the Term of this Agreement. Except as may be otherwise explicitly agreed to in a statement of services, upon payment in full, the System Integrator should grant GNIDA a non-exclusive, perpetual, fully paid-up license to use the pre-existing work in the form delivered to GNIDA as part of the service or deliverables only for its internal business operations. Under such license, either of parties will have no right to (a) sell the pre-existing work of the other party to a Third Party (b) separate System Integrator Pre-existing work from the deliverables in which they are incorporated for creating a stand alone product; (c) independently sell, lease, exchange, mortgage, pledge, license, sub license, assign or in any other way convey, transfer or alienate the separate System Integrator Pre-existing work in favour of any person (either for commercial consideration or not (including by way of transmission), and/or (c) reverse compile or in any other way arrive at or attempt to arrive at the source code of the separate System Integrator Pre-existing work.. GNIDA’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 GNIDA at the conclusion of performance of the services.

535 21 Liquidated Damages 21 Liquidated Damages As per the RFP

536 Time is the essence of the Agreement and the delivery dates are binding on the System Integrator. In the event of the System Integrator’s default in adhering to the agreed time frame/ scheduled set of activities as laid down in the contract or any gross negligence, for causes attributable to the System Integrator, System Integrator shall be liable to pay liquidated damage @ 0.5% of the milestone value per week of delay subject to a maximum of 10% of the milestone value. Further, across all the milestone liquidated damage will be capped at 10% of the total contract value. The delay has to be directly attributable to System Integrator’s default.

Time is the essence of the Agreement and the delivery dates are binding on the System Integrator. In the event of the System Integrator’s default in adhering to the agreed time frame/ scheduled set of activities as laid down in the contract or any gross negligence, for causes attributable to the System Integrator, System Integrator shall be liable to pay liquidated damage @ 0.5% of the milestone value per week of delay subject to a maximum of 5% of the milestone value. Further, across all the milestone liquidated damage will be capped at 10% of the total contract value. The delay has to be directly attributable to System Integrator’s default.

As per the RFP

537 23 Arbitration and Legal Jurisdiction 23 Arbitration and Legal Jurisdiction Please refer Corrigendum - 1

of the RFP (ref.:


23-02-2018

538 23.1 In the event of any question, dispute or difference arising under the agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of the CEO, GNIDA (hereinafter referred to as the said officer) and if the CEO, GNIDA is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CEO, GNIDA. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.

23.1 In the event of any question, dispute or difference arising under the agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of the arbitrator to be mutually appointed by the parties. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.


of the RFP (ref.:


23-02-2018

539 23.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

23.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

As per the RFP

540 23.3 The venue of the arbitration proceeding shall be the office of CEO, GNIDA or such other place as the arbitrator may decide.

23.3 The venue of the arbitration proceeding shall be the office of CEO, GNIDA or such other place as the arbitrator may decide.

As per the RFP

541 23.4 However, disputes which remain unresolved further shall be subject to the jurisdiction of the District Court of Gautam Budhh Nagar or the High Court of Allahabad only.

23.4 However, disputes which remain unresolved further shall be subject to the jurisdiction of the District Court of Gautam Budhh Nagar or the High Court of Allahabad only.

As per the RFP

542 23.5 Upon any and every reference as aforesaid, the assessment of costs and incidental expenses in the proceedings for the award shall be at the discretion of the Arbitrator.

23.5 Upon any and every reference as aforesaid, the assessment of costs and incidental expenses in the proceedings for the award shall be at the discretion of the Arbitrator.

As per the RFP

543 RFP_Vol_III.pdf 13.1.2.

All payments shall be made to the System Integrator subject to the application of liquidated damages

Payments will be made after deducting LD, Can we not suggest them to pay the complete amount and we will

As per the RFP

make payment based on the invoice issued by them for the amount due by Tech Mahindra

544 Interest rate clause Proposing If the payment is not made within thirty days of receipt of invoice, interest rate of 2% pm shall be levied for the period of delay

As per the RFP

545 Deemed acceptance of invoice clause

Proposing In case of any disputes in invoice, it should be intimated within a period of seven days, post which the invoice shall be deemed to be accepted.

As per the RFP

546 RFP_VOL_III : Schedule IV (Page 44)

Payments Schedule:Twenty quarterly instalments over five (5) years from the “Go-Live” date, each instalment being a maximum of 2% of total contract value depending upon the quarterly performance level assessed on the basis of SLAs defined in this RFP.

Does this mean that the payment by the customer is not fixed at quarterly 2% of contract value for the rest of 40% in support period, i.e. 5 years?

As per the RFP

547 RFP Volume 3, Clause 16.2.1, Page 26

Limitation of Liability We request to cap the limitation of liability to Total Contract Value

As per the RFP

548 RFP Volume 3, Clause 14.1, Page 20

Termination Right We request to include mutual termination right under the Contract, if either party commits a material breach (including but not limited to non- payment) of the contract not curable within 30 days of giving a notice to remedy the breach. We request to add a clause in the contract to the effect that “irrespective of the reason of termination of this contract, SI will be entitled to recover all its committed and or non- cancellable cost

As per the RFP

549 RFP Vol 3 Legal - Proposing Kindly provide deemed acceptance time period of deliverables and invoices; i.e. The time period within which we can expect the Customer to provide feedback/ acceptance notice upon submission of a deliverable and an invoice.

As per the RFP

550 RFP Vol 3 Legal - Proposing We propose to include an overriding statement in the contract stating that the client will sign EULA (End user license agreement) with OEM/ third party and the said agreement shall be the governing document with respect to usage and rights in such third party product. Request to consider this.

As per the RFP

551 RFP Vol 3 Legal - Proposing We request to add a mutual dependency clause in the Agreement to the effect that if a party fails to fulfills its obligation(s), the other party shall be excused from performing the reciprocal obligations to the extent such

As per the RFP

failure prevents the other party from performing the obligations, and the falling party shall grant extension of time to the other party and reimburse for the additional cost incurred by that party, due to such failure.

552 3, page 6 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 applicable to the relevant party and as may be in effect on the date of the execution of this Agreement and during the subsistence thereof, applicable to the Project;

Bidder requests modification: -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 applicable to the relevant party and as may be in effect on the date of the execution of this Agreement and during the subsistence thereof, applicable to the Project;

As per the RFP

553 3, page 6 Confidential Information: means all information including GNIDA Data (whether in written, oral, electronic or other format) which relates to the technical, financial and business affairs, dealers, suppliers, products, developments, operations, processes, data, trade secrets, design rights, know-how, plans, budgets and personnel of each Party and its affiliates which is disclosed to or otherwise learned by the other Party 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);

Bidder requests modification: - Confidential Information: means all information including GNIDA Data (whether in written, oral, electronic or other format) which relates to the technical, financial and business affairs, dealers, suppliers, products, developments, operations, processes, data, trade secrets, design rights, know-how, plans, budgets and personnel of each Party and its affiliates which is disclosed to or otherwise learned by the other Party 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). Any information to come within the ambit of Confidential Information must be designated as 'CONFIDENTIAL' and if such information is in oral form, then the same must be reduced to writing within seven (7) days from the date of disclosure;

As per the RFP

554 Page 8 means the software designed, developed/ customized, tested and deployed by the System Integrator for the purposes of the Project and includes the source code (in case of Bespoke development) and customized components (in case of COTS) 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 related third party software products (including the COTS products used for the project),

Bidder requests modification: -means the software designed, developed/ customized, tested and deployed by the System Integrator for the purposes of the Project and includes the source code (in case of Bespoke development) and customized components (in case of COTS) along with associated documentation, which is the work product of the development efforts involved in the Project and the mutually agreed improvements and enhancements effected during the term of the Project, but does not include the related third party software products (including

As per the RFP

proprietary software components and tools deployed by the System Integrator;

the COTS products used for the project), proprietary software components and tools deployed by the System Integrator;

555 Page 11 This Agreement shall come into effect on <<dd/mmm/yyyy>> (hereinafter the ‘Effective Date’) and unless terminated earlier, this agreement shall be in force and effect for a period of five (5) years from the date of go-live of the ERP application. After the end of the contract period, GNIDA reserves the right to either continue with the existing bidder with either same or revised terms and conditions as mutually agreed by both the parties or sign a contract with other agency.

Bidder requests modification: - This Agreement shall come into effect on <<dd/mmm/yyyy>> (hereinafter the ‘Effective Date’) and unless terminated earlier, this agreement shall be in force and effect for a period of five (5) years from the date of go-live of the ERP application. After the end of the contract period, GNIDA reserves the right to either continue with the existing bidder on with either same or revised terms and conditions as mutually agreed by both the parties or sign a contract with other agency.


of the RFP (ref.:


23-02-2018

556 Page 12 The System Integrator shall be required to fulfill the Conditions Precedent in which is as follows:(a) to comply with all the conditions stated in Schedule I.(b) to provide a Performance Security/Guarantee and other guarantees/ payments as and when required to the GNIDA or its nominated agencies; and(c) to provide the GNIDA 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 System Integrator.

Bidder requests modification: -The System Integrator shall be required to fulfill the Conditions Precedent in which is as follows:(a) to comply with all the conditions stated in Schedule I.(b) to provide a Performance Security/Guarantee and other guarantees/ payments as and when required to the GNIDA or its nominated agencies; and(c) to provide the GNIDA 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 System Integrator.


of the RFP (ref.:


23-02-2018

557 Page 16 It shall perform the Services as set out in clause 3 of this Agreement and in a good and workmanlike manner commensurate with industry and technical standards which are generally in effect for international projects and innovations pursuant thereon similar to those contemplated by this Agreement, and so as to comply with the applicable Service Levels set out with this Agreement.

Bidder requests modification: - It shall perform the Services as set out in clause 3 of this Agreement and in a good and workmanlike manner commensurate with industry and technical standards which are generally in effect for international projects and innovations pursuant thereon similar to those contemplated by this Agreement, and so as to comply with the applicable Service Levels set out with this Agreement.


of the RFP (ref.:


23-02-2018

558 3, page 19 13.3.3 If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes, duties and

13.3.3 If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes, duties and


other charges while executing the task should be borne by the System Integrator.

other charges while executing the task should be borne by the System Integrator. paid by GNIDA to bidder on actuals.

559 3, page 20 14.2.4 GNIDA agrees to pay System Integrator for14.2.4.1 all charges for the services System Integrator provides and any Deliverables and/or system (or part thereof) System Integrator delivers through termination, and14.2.4.2 Reimbursable expenses that the System Integrator incurs through termination. If GNIDA terminates without cause, then GNIDA also agrees to pay any applicable adjustment expenses System Integrator incurs as a result of such termination (which System Integrator will take reasonable steps to mitigate).

14.2.4 GNIDA agrees to pay System Integrator for14.2.4.1 all charges for the services System Integrator provides and any Deliverables and/or system (or part thereof) System Integrator delivers through termination, and14.2.4.2 Reimbursable expenses that the System Integrator incurs through termination. If GNIDA terminates without cause, then GNIDA also agrees to pay any applicable adjustment expenses System Integrator incurs as a result of such termination (which System Integrator will take reasonable steps to mitigate). In case of termination without cause GNIDA agrees to pay the bidder for all the services rendered & all the product supplied upto the effective date of termination.

As per the RFP

560 3, page 21 14.3.1 On expiry or termination of this Agreement:14.3.1.1 GNIDA, pending the appointment of another SI, may require SI to continue to provide all the services in scope and maintain all the assets (including database, system software, documents, cloud infrastructure and all other relevant materials relating to provision of services) that may be in its custody or control for a period of six months, while adhering to terms and conditions of this Agreement. In case if GNIDA is not able to select replacement SI in the first three months from the date of termination of the agreement, in such a scenario the existing SI will have continue supporting GNIDA for 9 months from the date of termination of the contact. This period shall further be extended for another 3 months i.e. a total of 12 months from the date of termination of the agreement.14.3.1.2 GNIDA, pending the appointment of another SI, may appoint an Administrator to take over the assets of SI used in providing services to all the stakeholders and SI shall provide all assistance as may be required by the Administrator in taking over such assets including assets created exclusively for the purpose of continuity in operations and relevant data, application, cloud infrastructure, networks and all other facilities excluding

14.3.1 On expiry or termination of this Agreement:14.3.1.1 GNIDA, pending the appointment of another SI, may require SI to continue to provide all the services in scope and maintain all the assets (including database, system software, documents, cloud infrastructure and all other relevant materials relating to provision of services) that may be in its custody or control for a period of six months, while adhering to terms and conditions of this Agreement. In case if GNIDA is not able to select replacement SI in the first three months from the date of termination of the agreement, in such a scenario the existing SI will have continue supporting GNIDA for 9 months from the date of termination of the contact. This period shall further be extended for another 3 months i.e. a total of 12 months from the date of termination of the agreement. at mutually agreed price.14.3.1.2 GNIDA, pending the appointment of another SI, may appoint an Administrator to take over the assets of SI used in providing services to all the stakeholders and SI shall provide all assistance as may be required by the Administrator in taking over such assets including assets created exclusively for the purpose of continuity in operations and relevant data, application, cloud infrastructure, networks and all other facilities excluding physical infrastructure (building, air conditioners, power

14.3.1 As per the RFP 14.3.1.1 & 14.3.1.2 Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

physical infrastructure (building, air conditioners, power supply infrastructure, furniture and the like).

supply infrastructure, furniture and the like). at mutually agreed price

561 3, page 23 15.1.3 At the end of the contract period or during the contract period, if any other agency is identified or selected for providing services related to the System Integrator scope of work, the System Integrator shall ensure that a proper and satisfactory handover is made to the other agency.All risk during transition stage shall be properly documented by the System Integrator and mitigation measures shall be planned in advance so as to ensure a smooth transition without any service disruption. The System Integrator must ensure that no end of support products (software/ hardware) exist at time of transition.

15.1.3 At the end of the contract period or during the contract period, if any other agency is identified or selected for providing services related to the System Integrator scope of work, the System Integrator shall ensure that a proper and satisfactory handover is made to the other agency.All risk during transition stage shall be properly documented by the System Integrator and mitigation measures shall be planned in advance so as to ensure a smooth transition without any service disruption. The System Integrator must ensure that no end of support products (software/ hardware) exist at time of transition.


562 3, page 23 15.1.5 The transition & exit management period will start six (6) months before the expiration of the contract. The System Integrator will provide shadow support for at least three (3) months and secondary support for an additional three (3) months before the end of the O&M period or termination of the contract, as applicable at no additional cost to GNIDA. 15.1.6 In case of termination, the exit management period will start from effective date of termination or such other date as may be decided by GNIDA and communicated to the SI.

15.1.5 The transition & exit management period will start six (6) months before the expiration of the contract. The System Integrator will provide shadow support for at least three (3) months and secondary support for an additional three (3) months before the end of the O&M period or termination of the contract, as applicable at no additional cost to GNIDA. 15.1.6 In case of termination, the exit management period will start from effective date of termination or such other date as may be decided by GNIDA and communicated to the SI. In case of termination, GNIDA will pay to the bidder at agreed rate for support provided during transition & Exit management period.

As per the RFP

563 Page 23 15.1.8.2 Complete documentation for the entire system handed over to the GNIDA/ replacement System Integrator/ identified agency.15.1.8.3 Handover of all AMC support related documents, credentials etc. for all OEM products supplied/ maintained in the system. Handover MoUs signed for taking services taken from third parties such as digital signature agencies, etc.

Bidder requests modification: -15.1.8.2 Complete technical documentation for the entire system handed over to the GNIDA/ replacement System Integrator/ identified agency.15.1.8.3 Handover of all AMC support related documents, credentials etc. for all OEM products supplied/ maintained in the system. Handover MoUs signed for taking services taken from third parties such as digital signature agencies, etc.

As per the RFP

564 3, page 24 (d) the Indemnified Party shall not prejudice, pay or accept any proceedings or claim, or compromise any proceedings or claim, without the written consent of the Indemnifying Party; (e) all settlements of claims subject to indemnification

Bidder requests modification: - (d) the Indemnified Party shall not prejudice, pay or accept any proceedings or claim, or compromise any proceedings or claim, without the written consent of the Indemnifying

As per the RFP

under this Clause will be entered into only with the consent of the Indemnified Party, which 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 include any appropriate confidentiality agreement prohibiting disclosure of the terms of such settlement;

Party; (e) all settlements of claims subject to indemnification under this Clause will be entered into only with the consent of the Indemnified Party, which 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 include any appropriate confidentiality agreement prohibiting disclosure of the terms of such settlement;

565 3, page 26 16.2.1 The liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement. The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18.

16.2.1 The aggregate liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement. The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18.


566 3, page 26 17.4.2 Upon occurrence of a Force Majeure Event after the Effective Date, the costs incurred and attributable to such event and directly relating to the Project (‘Force Majeure Costs’) shall be allocated and paid as follows:17.4.2.1 upon occurrence of a Non-Political Event, the Parties shall bear their respective Force Majeure Costs and neither Party shall be required to pay to the other Party any costs thereof.17.4.2.2 upon occurrence of an Other Event of Force Majeure, all Force Majeure Costs attributable to such Other Event, and not exceeding the Insurance Cover for such Other Event, shall be borne by the System Integrator and to the extent Force Majeure costs exceed such Insurance Cover, one half of such excess amount shall be reimbursed by GNIDA to the System Integrator.17.4.2.3 upon occurrence of a Political Event, all Force Majeure Costs attributable to such Political Event shall be reimbursed by GNIDA to the System Integrator.

Bidder requests addition of the following: -In the event Force Majeure continues for more than sixty (60) days [either continously or cumulatively], either Party shall have the right to terminate the Agreement and in which case the System Integrator shall be paid for all the goods delivered and services rendered up to the effective date of termination.

As per the RFP

567 3, page 31 18.3 System Integrator agrees that it shall ensure that all its employees, agents, service providers and any another related stakeholder are bound by nondisclosure

Bidder requests modification: - 18.3 System Integrator agrees that it shall ensure that all its


agreements, and shall provide copies of such agreements to GNIDA whenever required.

employees, agents, service providers and any another related stakeholder are bound by nondisclosure agreements, and shall provide copies of such agreements to GNIDA whenever required.

Ping/2018/IF-152/218) dated 23-02-2018

568 3, page 31 The System Integrator warrants that the Project, including all the system(s) and other Services provided, shall be free from any defect or deficiency in the material, design, engineering, and performance/workmanship that prevent the Project and/or any of its systems(s) from fulfilling the functional or technical requirements or that limit in a material fashion the performance, reliability, or extensibility of the Project and/or any of its system(s) as per warranty period defined in the RFP.If the Project or any of its System cannot be used by reason of such default, defect or deficiency and/or making good of such default, defect or deficiency, the warranty period for the Project shall be extended by a period equal to the period during which the Project or any of its system could not be used by the GNIDA because of such defect and/or making good of such default, defect or deficiency.

Bidder requests modification: -The System Integrator warrants that the Project, including all the system(s) and other Services provided, shall be free from any material defect or deficiency in the material, design, engineering, and performance/workmanship that shall substantially and materially prevent the Project and/or any of its systems(s) from completely fulfilling the functional or technical requirements or that limit in a material fashion the performance, reliability, or extensibility of the Project and/or any of its system(s) as per warranty period defined in the RFP.If the Project or any of its System cannot be used by reason of such default, defect or deficiency and/or making good of such default, defect or deficiency, the warranty period for the Project shall be extended by a period equal to the period during which the Project or any of its system could not be used by the GNIDA because of such defect and/or making good of such default, defect or deficiency.

As per the RFP

569 3, page 32 Time is the essence of the Agreement and the delivery dates are binding on the System Integrator. In the event of the System Integrator’s default in adhering to the agreed time frame/ scheduled set of activities as laid down in the contract or any gross negligence, for causes attributable to the System Integrator, System Integrator shall be liable to pay liquidated damage @ 0.5% of the milestone value per week of delay subject to a maximum of 10% of the milestone value. Further, across all the milestone liquidated damage will be capped at 10% of the total contract value. The delay has to be directly attributable to System Integrator’s default.

Time is the essence of the Agreement and the delivery dates are binding on the System Integrator. In the event of the System Integrator’s default in adhering to the agreed time frame/ scheduled set of activities as laid down in the contract or any gross negligence, for causes attributable to the System Integrator, System Integrator shall be liable to pay liquidated damage @ 0.5% of the milestone value per week of delay subject to a maximum of 10% of the milestone value. Further, across all the milestone liquidated damage will be capped at 10% 5% of the total contract value. The delay has to be directly attributable to System Integrator’s default.

As per the RFP

570 3, page 32 In the event of any question, dispute or difference arising under the agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of the CEO, GNIDA (hereinafter referred to as

Bidder requests modification: -In the event of any question, dispute or difference arising under the agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of an arbitrator


the said officer) and if the CEO, GNIDA is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CEO, GNIDA. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.23.3 The venue of the arbitration proceeding shall be the office of CEO, GNIDA or such other place as the arbitrator may decide.

mutually appointed by both the parties of the CEO, GNIDA (hereinafter referred to as the said officer) and if the CEO, GNIDA is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CEO, GNIDA. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.23.3 The venue of the arbitration proceeding shall be Delhi, India the office of CEO, GNIDA or such other place as the arbitrator may decide.

571 3, page 39 As per RFP Bidder requests addition of the following: - It stands clarified that the bidder shall not be bound to perform any additional services without executing a mutually agreed Change Order.

As per the RFP

572 Clause to be added All the risk & ownership of assets will tranfer to GNIDA on Delivery of assets.

As per the RFP

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

Not applicable.

574 Vol-3, 13.3 Tax, 13.3.3- Page 19

If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes, duties and other charges while executing the task should be borne by the System Integrator.

Any change in the Tax increase or decreases during the contract period will be at actuals and should be taken care by GNIDA


of the RFP (ref.:


23-02-2018

575 RFP_Vol_III - Section 1.1.10,

Deliverables means the products, infrastructure and services agreed to be delivered by the System Integrator in pursuance of the agreement as defined more elaborately in the 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

Request to remove "Source Code" from this clause. Please refer Corrigendum - 1

of the RFP (ref.:


23-02-2018

and/or process related etc., source code and all its modifications;

576 RFP_Vol_III -5.2, For the avoidance of doubt, it is expressly clarified that the obligations of the Parties except the financial obligations of GNIDA or its nominated agencies under this Agreement shall commence from the fulfillment of the Conditions Precedent as set forth above.

Wiil Financial Obligation of GNIDA Commence upon Signature of the contract itself? Please confirm.

As per the RFP

577 RFP_Vol_III -5.2.2, For the avoidance of doubt, it is expressly clarified that any such extension of time shall be subject to imposition of penalties on the System Integrator linked to the delay in fulfilling the Conditions Precedent.

Is this Penalty defined? Request more details. As per the RFP

578 RFP_Vol_III -5.4, GNIDA's failure to comply with conditions precedent The obligation of SI will commence when SI neither have necessary approvals, consents nor access to offices and sites. Request to modify the clause, by excluding SI incase of any failure of GNIDA to comply with Conditions Precedent.

As per the RFP

579 RFP_Vol_III -13.2, The GNIDA shall be entitled to delay or withhold payment of any invoice or part of it delivered by the System Integrator under Schedule-IV of this Agreement where the GNIDA 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. The disputed/ withheld amount shall be settled post resolution of the dispute. Further, the System Integrator will not claim any interest on the arrear/ payment due but not paid from GNIDA. Any exercise by the GNIDA under this Clause shall not entitle the System Integrator to delay or withhold provision of the Services.

Request to include interest on delayed payments. As per the RFP

580 RFP_Vol_III -13.3, The GNIDA or its nominated agencies shall be responsible for withholding taxes from the amounts due and payable to the System Integrator wherever applicable. The System Integrator 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 and services, consumption and other similar taxes or duties.

Request to make the Fees exclusive of Taxes, as 5 years is a long period during which taxes may vary due to change in Govt. Policies, etc.


581 RFP_Vol_III -13.3.2, The GNIDA or its nominated agencies shall provide System Integrator with the original tax receipt of any withholding taxes paid by GNIDA or its nominated agencies on payments under this Agreement. The System Integrator agrees to reimburse and hold the GNIDA 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 the GNIDA or its nominated agencies and the System Integrator.

The word "among" used in the last sentence does not mean that taxes payable for transaction between GNIDA and its Nominated Agencies. Please clarify.

As per the RFP

582 RFP_Vol_III -13.3.3 If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes, duties and other charges while executing the task should be borne by the System Integrator.

Request to make the Fees exclusive of Taxes, as 5 years is a long period during which taxes may vary.


583 RFP_Vol_III - Termination

Termination Request to modify the clause: authorizing SI to terminate the contract for Breach of contract by GNIDA like non payment, breach of confidentiality or IP obligation, non-co-operation in providing requisite information or access etc.

As per the RFP

584 RFP_Vol_III -14.1.1.1 Any default or breach of any provision hereof and in case SI fails or neglects to cure any such default or breach within 15 days of being called upon in writing to do so by GNIDA.

15 days is too short cure period. Request to increase this period to 30 days.


585 RFP_Vol_III -14.3.1.1/15.1.13

GNIDA, pending the appointment of another SI, may require SI to continue to provide all the services in scope and maintain all the assets (including database, system software, documents, cloud infrastructure and all other relevant materials relating to provision of services) that may be in its custody or control for a period of six months, while adhering to terms and conditions of this Agreement. In case if GNIDA is not able to select replacement SI in the first three months from the date of termination of the agreement, in such a scenario the existing SI will have continue supporting GNIDA for 9 months from the date of termination of the contact. This period shall further be

Request clarity on amount payable during the Exit Assistance period.


extended for another 3 months i.e. a total of 12 months from the date of termination of the agreement.

586 RFP_Vol_III -14.3.1 GNIDA, pending the appointment of another SI, may appoint an Administrator to take over the assets of SI used in providing services to all the stakeholders and SI shall provide all assistance as may be required by the Administrator in taking over such assets including assets created exclusively for the purpose of continuity in operations and relevant data, application, cloud infrastructure, networks and all other facilities excluding physical infrastructure (building, air conditioners, power supply infrastructure, furniture and the like).

Will GNIDA invest in the assets used by SI? Request you to Modify the clause to: Only the assets bought for this projects for which GNIDA has paid will be taken over by GNIDA upon termination. Otherwise there has to be provision to include Termination Charges if the project involves investment by SI.


587 RFP_Vol_III -14.3.2 Furnishing Information14.3.2.1 SI shall provide to GNIDA, all relevant information relating to the services provided, stakeholders, and performance data in relation to the services and also the following:i. Documentation relating to Project's Intellectual Property Rights;ii. All current and updated project data and documentation as is reasonably required for purposes of project for transitioning the services to its Replacement SI/ Administrator;iii. All other information (including but not limited to documents, records and Agreements) relating to the services reasonably necessary to carry out due diligence in order to effect transition of services.

The Intellectual Property rights include Pre-existing IP and Bespoke IP. Request to share the documentation relating to such IP? Business to review this, expecting that such information may be disclosed to a replacement vendor , who may be a competitor of UST.

As per the RFP

588 RFP_Vol_III -14.3.2.1 All other information (including but not limited to documents, records and Agreements) relating to the services reasonably necessary to carry out due diligence in order to effect transition of services.

Does the Scope of Work involves Agreements with Third Parties. Are these shareable with Client from commercial angle?

As per the RFP

589 RFP_Vol_III -15.1.2.2 Plans for the communication with such of the System Integrator, staff, suppliers, customers and any related third party as are necessary to avoid any material detrimental impact on Project’s operations as a result of undertaking the transfer;

Why communication with Customers? Can this be deleted. As per the RFP

590 RFP_Vol_III -15.1.2.3 Plans for provision of contingent support to the Project and Replacement Vendor for a reasonable period (minimum one month) after transfer.

Is this contingent support to the Replacement Vendor with in the Exit Management Period. Can an upper limit be specified with respect to the duration of such support. Can a section regarding payment for such service be included? Business also to review this section.

As per the RFP

591 RFP_Vol_III -15.1.2.4 Plans for training of the Replacement System Integrator/ GNIDA staff to run the operations of the project. This training plan along with the training delivery schedule should be approved by GNIDA. The delivery of training along with handholding support and getting the sign off on the same would be the responsibility of System Integrator.

Request the payment terms for training to be provided. As per the RFP

592 RFP_Vol_III -15.1.4 All risk during transition stage shall be properly documented by the System Integrator and mitigation measures shall be planned in advance so as to ensure a smooth transition without any service disruption. The System Integrator must ensure that no end of support products (software/ hardware) exist at time of transition.

Referencing the last sentence regarding "end of support products". Does this mean that SI has to procure new Software/Hardware and provide to GNIDA, after receipt of termination notice? Please clarify.

As per the RFP

593 RFP_Vol_III -15.1.5 The transition & exit management period will start six (6) months before the expiration of the contract. The System Integrator will provide shadow support for at least three (3) months and secondary support for an additional three (3) months before the end of the O&M period or termination of the contract, as applicable at no additional cost to GNIDA.

Request to modify this requirement that these support have to be provided at Additional Cost to GNIDA.

As per the RFP

594 RFP_Vol_III -15.1.7 System Integrator must ensure closing off all critical open issues as on date of exit. All other open issues as on date of Exit shall be listed and provided to GNIDA.

In case of an early termination, where the Agreement can be terminated with 30 days notice? We assume there be additional payment for such work or extention of time. Request to modify the clause clarifying the same.

As per the RFP

595 RFP_Vol_III -15.1.8.7 Hand-over of the entire software including source code, program files, configuration files, setup files, project documentation, user IDs, passwords, security policies, scripts etc.

Request to remove handing over of Source Code for Pre-existing work, third party softwares, COTs etc. from this clause.


596 RFP_Vol_III -15.1.8.8 Hand-over of the user IDs, passwords, security policies, scripts etc. to

We assume fresh credentials are created for new users for this project only has to be shared.

As per the RFP

597 RFP_Vol_III - 16 The liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement. The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18.16.2.2 In no event shall either party be liable

Request to remove the exclusions to Liability Cap As per the RFP

for any consequential, incidental, indirect, special or punitive damage, loss or expenses (including but not limited to business interruption, lost business, lost profits, or lost savings) nor for any third party claims (other than those set-forth in Clause 16.1) even if it has been advised of their possible existence.

598 RFP_Vol_III -17 Force Majeure Please confirm that in the event of a Force Majeure situation GNIDA will make payments for services delivered/completed by the SI. Request to include the clause clarifying the same.

As per the RFP

599 RFP_Vol_III -18 In the course of performing its functions and obligations under this Agreement, System Integrator shall maintain strict secrecy, confidentiality and privacy in respect of the confidential records and information that has come to its possession or knowledge.18.1 System Integrator shall keep confidentiality of the details and information with regard to the Project, including systems, facilities, operations, management and maintenance of the systems.18.2 It is agreed between GNIDA and System Integrator that GNIDA has a right to prevent or prohibit System Integrator at any time from disclosing any information and records to any person and System Integrator shall abide by such decision except as required by any Statutory bodies or by due process of law.18.3 System Integrator agrees that it shall ensure that all its employees, agents, service providers and any another related stakeholder are bound by nondisclosure agreements, and shall provide copies of such agreements to GNIDA whenever required.18.4 All Proprietary Information, documentation and correspondence exchanged between GNIDA and System Integrator in relation to the Project and the performance of tasks by System Integrator shall be treated as confidential and privileged by the parties and disclosed only to their respective officers, agents, representatives, professional advisors and members of Official Committees (if any, formed for the purpose) on a need to know basis.18.5 System Integrator shall treat information and records provided to it or obtained otherwise by it in connection with the Project or its implementation as confidential and

Request modification to this clause:Please consider this section to be made mutual so as to protect the confidential information of the SI. Also, request to include additional exceptions to cover independently developed items or information received from third party without any confidentiality obligation.


not use the same wholly or partially for any purpose other than for discharging the obligations under this Agreement, without the prior written approval of GNIDA except as required by any Statutory bodies or by due process of law.18.6 Information that is in the public domain shall not be considered as confidential information under this Agreement.

600 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”) including any enhancement or modification thereto 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 and modify any of its pre-existing work provided to the other party solely for the performance of such services for duration of the Term of this Agreement. Except as may be otherwise explicitly agreed to in a statement of services, upon payment in full, the System Integrator should grant GNIDA a non-exclusive, perpetual, fully paid-up license to use the pre-existing work in the form delivered to GNIDA as part of the service or deliverables only for its internal business operations. Under such license, either of parties will have no right to sell the pre-existing work of the other party to a Third Party. GNIDA’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 GNIDA at the conclusion of performance of the services.

Request to add a carveout as below:- "Nothing herein requires System Integrator to share Source Code of any Pre-existing work or grant any right to modify or create any derivatives on such Pre-existing work."


601 RFP_Vol_III -23.1 In the event of any question, dispute or difference arising under the agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of the CEO, GNIDA (hereinafter referred to as the said officer) and if the CEO, GNIDA is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CEO, GNIDA. The agreement to appoint an arbitrator will be in accordance with the

Request to consider that the Arbitration be by a neutral Arbtrator appointed by both the parties instead of CEO GNIDA.


Arbitration and Conciliation Act, 1996. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.

602 Volume III, 13 Financial Matters, 13.2 Invoicing and Settlement (Pg 19)

13.2.3 The System Integrator alone shall invoice all payments after receiving due approval from the competent authority. Such invoices shall be accurate and all adjustments to or changes in the terms of payment as stated in Schedule-IV of this Agreement.13.2.4 Payment shall be made within 30 working days of the receipt of invoice along with supporting documents by the GNIDA subject to penalties. The penalties may be imposed on the vendor as per the SLA criteria specified in Section 6 of Volume I of the RFP.13.2.5 The GNIDA shall be entitled to delay or withhold payment of any invoice or part of it delivered by the System Integrator under Schedule-IV of this Agreement where the GNIDA 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. The disputed/ withheld amount shall be settled post resolution of the dispute. Further, the System Integrator will not claim any interest on the arrear/ payment due but not paid from GNIDA. Any exercise by the GNIDA under this Clause shall not entitle the System Integrator to delay or withhold provision of the Services.

13.2.3 - what approval is required and from which authority? Once the milestone is reached and the work is completed, bidder must be able to raise the invoice and be paid as due. Please clarify the intent here.13.2.4 - we request that all payments be completed within 30 days of date of invoice.13.2.5 - we submit that this is acceptable provided GNIDA notifies the bidder of such dispute within 15 days of receipt of invoice and cooperates in speedily resolving the dispute as per the DR process in the MSA. All payments after settlement of dispute will be paid within 30 days of the settlement. Additional terms requested to be added:In the event GNIDA fails to pay undisputed invoices even after the invoice due date, Bidder shall provide GNIDA with a written notice requiring it to make payment within 30 days from the date of receipt of such notice. In case, GNIDA fails, Bidder will have right to suspend or terminate the services under the Agreement. All late payments are subject to interest fee at the rate of 1.5% per month calculated from the day after the due date till the date full payment of the charges.

Competent authority has been defined in the RFP which can be changed later with due information to the SI.

603 Volume III, 15 Exit Management, 15.1 Exit Management Plan

15.1.5 The transition & exit management period will start six (6) months before the expiration of the contract. The System Integrator will provide shadow support for at least three (3) months and secondary support for an additional three (3) months before the end of the O&M period or termination of the contract, as applicable at no additional cost to GNIDA.

In case of expiration of the contract, the exit period will commence six (6) months before the expiration and coterminous with the contract.However, customer will give only 30 days notice & cure period in case of termination. So, Customer has to pay for shadow support of three (3) months and secondary support of additional three (3) months.

As per the RFP

604 RFP_Vol_III; Section 14; Page 20 (Termination)

14.1.1.1 Any default or breach of any provision hereof and in case SI fails or neglects to cure any such default or breach within 15 days of being called upon in writing to do so by GNIDA.14.2.1 In the event that GNIDA terminates this Agreement pursuant to failure on the part of the System Integrator to comply with the conditions as contained in

14.1.1.1 - we request that the cure period be extended to 30 days in place of 15 days and the right of termination be limited to material breaches only.14.2.1 - we submit that PBG cannot be forfeited under any circumstance. It can only be claimed to the extent of direct damages. Kindly confirm that this is agreeable.14.2.4.2 - what does reimbursable

14.1.1.1 Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018 Rest all as per RFP.

this clause and depending on the event of default, Performance Guarantee furnished by System Integrator may be forfeited.14.2.4.2 Reimbursable expenses that the System Integrator incurs through termination. If GNIDA terminates without cause, then GNIDA also agrees to pay any applicable adjustment expenses System Integrator incurs as a result of such termination (which System Integrator will take reasonable steps to mitigate).14.3.2.1 SI shall provide to GNIDA, all relevant information relating to the services provided, stakeholders, and performance data in relation to the services and also the following:i. Documentation relating to Project's Intellectual Property Rights;

expenses mean? please clarify what kind of expenses are included in this. this is a very broad term. we submit that GNIDA can terminate without cause only with a notice period of 6 months. Bidder will be entitled to charge a termination fee in such case to recover its direct expenses due to such pre-mature termination.Please clarify as to what applicable adjustment expenses mean and what all expenses it covers.14.3.2.1 - Intellectual Property Rights as per the definition section means all IPR including bidder's and suppliers' IPR. Please clarify that this obligation is limited to documentation wrt IPR that is vested in GNIDA only.Additional termination terms requested to be included:We request that the bidder has a right to terminate or suspend services in case of material breach by GNIDA for which bidder will give a notice of 30 days to cure and such breach is not cured within such 30 days.

605 RFP_Vol_III; Section 14; Page 22 (Termination - Exit Management)

14.3.1.1 GNIDA, pending the appointment of another SI, may require SI to continue to provide all the services in scope and maintain all the assets (including database, system software, documents, cloud infrastructure and all other relevant materials relating to provision of services) that may be in its custody or control for a period of six months, while adhering to terms and conditions of this Agreement. In case if GNIDA is not able to select replacement SI in the first three months from the date of termination of the agreement, in such a scenario the existing SI will have continue supporting GNIDA for 9 months from the date of termination of the contact. This period shall further be extended for another 3 months i.e. a total of 12 months from the date of termination of the agreement.

If this support is required after expiration (ie. After 5 years of maintenance and support), bidder must be able to additionally charge GNIDA to accommodate any increase in the cost of providing the services including any costs of warranty and support by the OEM or other third parties involved.


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606 RFP_Vol_III; Section 14; Page 22 (Asset transfer)

GNIDA, pending the appointment of another SI, may appoint an Administrator to take over the assets of SI used in providing services to all the stakeholders and SI shall provide all assistance as may be required by the Administrator in taking over such assets including assets created exclusively for the purpose of continuity in operations and relevant data, application, cloud infrastructure, networks and all other facilities excluding

what kind of assets will be transferred? Please clarify and elaborate on this. Any assets exclusively procured or developed for GNIDA will be transferred. Rest will remain with the bidder or third party concerned.


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physical infrastructure (building, air conditioners, power supply infrastructure, furniture and the like).

607 RFP_Vol_III; Section 19; Page 30 (IPR)

Subject to the provisions of Clause 19.3 and 19.4 below, upon payment, the IPR rights for any bespoke development done during the implementation of the project will lie with GNIDA. System Integrator shall be entitled to a broad license back in the bespoke development for its internal usage and other e-governance projects.

Discuss with team as to what is the bespoke development.What does GNIDA mean by bespoke development? Please clarify. Anything that is specifically developed for GNIDA which is agreed to be owned by GNIDA will be owned by it. IPR in any customization to pre-existing work cannot be given to GNIDA. it will remain with the owner of the pre-existing work. Bidder will own IP developed during the agreement except work / material exclusively developed for GNIDA which is agreed to be owned by GNIDA.GNIDA shall use the products in accordance with the license terms and restrictions specified by the OEM to be applicable for the use of such products.Hardware warranty if any will be passed on as provided by the OEM and software license will be subject to licensing terms issued by the licensor.

As per the RFP

608 RFP_Vol_III; Section 1.1.5; Page 6 (Definitions)

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;

We request that for the purpose of SL calculation, downtime excludes the time during which the application is not available due to reasons not attributable to the bidder.

As per the RFP


Assets: means entire hardware and software, network or any other information technology infrastructure components used for the Project and other facilities leased/ owned/ operated by the System Integrator exclusively in terms of ensuring their usability for the delivery of the Services as per this Agreement.

does this mean that the assets includes assets of the GNIDA and bidder and third parties or assets used / deployed by the bidder exclusively for this project? The definition is not clear as to what assets mean.


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Deliverables means the products, infrastructure and services agreed to be delivered by the System Integrator in pursuance of the agreement as defined more elaborately in the 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;

we request that source code and its modifications be deleted from the definition of deliverables as these are not deliverables. Source code to be given will be agreed between the parties depending on the ownership of such software.


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Unplanned Application Downtime: means the total time for all the instances where services in the software requirement specification document prepared by the System Integrator are not available for more than 5 consecutive minutes;

Please confirm that this excludes downtime which is due to reasons not attributable to the bidder

As per the RFP

612 RFP_Vol_III; Section 5.2.1; Page 12

5.2.1 Conditions Precedent of the System Integrator The System Integrator shall be required to fulfill the Conditions Precedent in which is as follows: (a) to comply with all the conditions stated in Schedule I. (b) to provide a Performance Security/Guarantee and other guarantees/ payments as and when required to the GNIDA or its nominated agencies; and

Conditions of schedule 1 means theh RFP. RFP requirements are to be performed during the course of the contract. How can it be a condition precedent? Kindly clarify if there is something in perticular to be complied with as a condition precedent and remove this point. this is important becuase the conditions precedent need to be met within 15 days of signing the contract. (b) only PBG will be given to the GNIDA> not other guarantee and payment will be done unless mutually agreed between the parties. Please clarify that this is the intended meaning of this section.


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613 RFP_Vol_III; Section 5.4; Page 12

5.4 Non-fulfilment of the System Integrator’s Conditions Precedent5.4.1 In the event that any of the Conditions Precedent of the System Integrator have not been fulfilled within 15 days of signing of this Agreement and the same have not been waived fully or partially by GNIDA or its nominated agencies, this Agreement shall cease to exist;5.4.2 In the event that the Agreement fails to come into effect on account of non-fulfillment of the System Integrator’s Conditions Precedent, the GNIDA or its nominated agencies shall not be liable in any manner whatsoever to the System Integrator and the GNIDA shall forthwith forfeit the Performance Guarantee.

we submit that the agreement be terminated only after a notice of 30 days to cure / complete such pre-conditions we request that the PBG not be forfeited under any circumstances. PBG can only be claimed to the extent of direct damages.


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614 RFP_Vol_III; Section 10.1; Page 16

10 Approvals and Required Consents 10.1 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 System Integrator to provide the Services. The costs of such Approvals shall be borne by the Party normally responsible for such costs according to local custom and practice in the locations where the Services are to be provided.

Definition of required consents here is different from what is defined in the definition section. Please remove the ambiquity. Any consents and approvals that is required to be obtained by GNIDA from its third party licensors, or regulators, govt. etc for bidder to be able to perform the work, must be obtained by GNIDA and at its costs. Bidder will reasonably co-operate, but this will be the responsibility of GNIDA Bidder will obtain all approvals and consents that it needs to obtain to perform its work.

As per the RFP

615 RFP_Vol_III; Section 16.1; Page 24 (Indemnification)

NA Additional term requested to be includedGNIDA will indemnify bidder for any third party claims and losses against the bidder for infringement of third party IPR due to bidder's access, use or modification of the software, licenses or other proprietary products provided by GNIDA to the bidder in order to perform the services under the agreement.

Not applicable.

616 RFP_Vol_III; Section 16.2; Page 26 (LOL)

16.2.1 The liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement. The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18. 16.2.3 The allocations of liability in this Section represent the agreed and bargained for understanding of the parties and compensation for the Services reflects such allocations.

Please confirm that the cummulative liability arising out of all events is limited to 1time the TCV. We request that Clause 18 is excluded from the exclusions to liability cap, as this is covered under the remedies for breach of contract and damages can be claimed by GNIDA. In no event will the bidder is liable for loss arising due to actions or inactions not attributable to it. 16.2.3 - what does this mean? kindly explain.

As per the RFP

617 RFP_Vol_III; Section 17.4; Page 29 (Force Majeure)

17.4.2.2 upon occurrence of an Other Event of Force Majeure, all Force Majeure Costs attributable to such Other Event, and not exceeding the Insurance Cover for such Other Event, shall be borne by the System Integrator and to the extent Force Majeure costs exceed such Insurance Cover, one half of such excess amount shall be reimbursed by GNIDA to the System Integrator.

other events which are an "act of war (whether declared or undeclared), hostilities, invasion, armed conflict or act of foreign enemy, blockade, embargo, prolonged riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotage, for a continuous period exceeding seven (7) days" is not coverd under any insurance and is not something which is under the control of the bidder. Hence bidder cannot be held responsible for the costs of such event. we propose that each party bears the losses due to such events.

As per the RFP

618 RFP_Vol_III; Section 18; Page 30 (Confidentiality)

entire clause We propose the following inclusions 1. Confidentiality obligations will be mutual in nature 2. Confdietniality oblgiations will be for a period of 3 years after the termination / expiration of the agreement, except in case of IP and trademarks which is continue till such information remains confdiential 3. exceptions to confidential information will be information already known to the bidder, information

As per the RFP

developed independently by it or information received from a source which is not under any confidentiality obligation. 4. limit the definition of confidential information to that information which is by its nature to be treated as confidential or which is marked or identified as confidential at the time of disclosure or soon afterwards.

619 RFP_Vol_III; Section 23; Page 33 (Arbitration)

23.1 In the event of any question, dispute or difference arising under the agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of the CEO, GNIDA (hereinafter referred to as the said officer) and if the CEO, GNIDA is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CEO, GNIDA. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996.23.3 The venue of the arbitration proceeding shall be the office of CEO, GNIDA or such other place as the arbitrator may decide.23.4 However, disputes which remain unresolved further shall be subject to the jurisdiction of the District Court of Gautam Budhh Nagar or the High Court of Allahabad only.

23.1 - Any disputes must be mutually resolved between the parties with involvement of the management on both the sides. CEO of GNIDA cannot be the sole arbitrator to any dispute. In case the parties are not mutually able to resolve the dispute within 15 days or extended period of time, the parties will refer to matter to arbitration. we request that the Venue of arbitration will be Lucknow and all matters will be finaly resolved through arbitration. HC of Lucknow will have the jurisdiction over any matter related to the agreement which cannot be resolved through arbitration.


620 RFP_Vol_III; Section 21; Page 32 (liquidated damages)

In the event of the System Integrator’s default in adhering to the agreed time frame/ scheduled set of activities as laid down in the contract or any gross negligence, for causes attributable to the System Integrator, System Integrator shall be liable to pay liquidated damage @ 0.5% of the milestone value per week of delay subject to a maximum of 10% of the milestone value. Further, across all the milestone liquidated damage will be capped at 10% of the total contract value. The delay has to be directly attributable to System Integrator’s default.

The statement seems to have an error. Why is gross negligence included here? Kindly review the statement and confirm the intent.Also what are the milestones being referenced? Is it Schedule III or Schedule IV? Schedule III does not contain milestone value, so how do we determine this?we submit that LDs are applicable only in case of delays in meeting the milestones for which values are associated. Ie milestones stated under Schedule IV. The LDs must be capped at 10% of the 60% of the TCV, as LDs are applicable till the go-live phase only which accounts for 60% of TCV.we seek clarification that total cumulative liability of the bidder in form of LDs and SL penalties will not exceed 10% of the TCV

As per RFP

621 RFP_Vol_III; Section 13.3.3; Page 19 (variation in Taxes)

If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing

This is not agreeable. Any increase in statutory taxes which must be paid by GNIDA will be responsibility of GNIDA


the Services, then all such taxes, duties and other charges while executing the task should be borne by the System Integrator.

622 RFP_Vol_III; Section 13; Page 19 (Payments)

13.2.3 The System Integrator alone shall invoice all payments after receiving due approval from the competent authority. Such invoices shall be accurate and all adjustments to or changes in the terms of payment as stated in Schedule-IV of this Agreement.13.2.4 Payment shall be made within 30 working days of the receipt of invoice along with supporting documents by the GNIDA subject to penalties. The penalties may be imposed on the vendor as per the SLA criteria specified in Section 6 of Volume I of the RFP.13.2.5 The GNIDA shall be entitled to delay or withhold payment of any invoice or part of it delivered by the System Integrator under Schedule-IV of this Agreement where the GNIDA 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. The disputed/ withheld amount shall be settled post resolution of the dispute. Further, the System Integrator will not claim any interest on the arrear/ payment due but not paid from GNIDA. Any exercise by the GNIDA under this Clause shall not entitle the System Integrator to delay or withhold provision of the Services.

13.2.3 - what approval is required and from which authority? Once the milestone is reached and the work is completed, bidder must be able to raise the invoice and be paid as due. Please clarify the intent here.13.2.4 - we request that all payments be completed within 30 days of date of invoice.13.2.5 - we submit that this is acceptable provided GNIDA notifies the bidder of such dispute within 15 days of receipt of invoice and cooperates in speedily resolving the dispute as per the DR process in the MSA. All payments after settlement of dispute will be paid within 30 days of the settlement. +F2Additional terms requested to be added:In the event GNIDA fails to pay undisputed invoices even after the invoice due date, Bidder shall provide GNIDA with a written notice requiring it to make payment within 30 days from the date of receipt of such notice. In case, GNIDA fails, Bidder will have right to suspend or terminate the services under the Agreement. All late payments are subject to interest fee at the rate of 1.5% per month calculated from the day after the due date till the date full payment of the charges.

Competent authority has been defined in the RFP which can be changed later with due information to the SI.

623 RFP_Vol_III; Section 15; Page 22 (Exit Management)

15.1.4 The System Integrator must ensure that no end of support products (software/ hardware) exist at time of transition.15.1.9 Knowledge transfer of the system to the incoming System Integrator to the satisfaction of the GNIDA per the specified timelines.

Please note that bidder can ensure this for a period of 5 years from go-live only. In case bidder is required to provide support for 6 months to 1 year after expiration as contemplated under section 14.3.1.1, bidder does not guarantee this term under 15.1.4.15.1.9 - please note that all services will be provided as agreed in the exit management plan. Satisfaction of the GNIDA is subjective and not quantified and hence not agreeable. Kindly delete this word.

15.1.4 As per the RFP 15.1.9 Please refer Corrigendum - 1 of the RFP (ref.: Ping/2018/IF-152/218) dated 23-02-2018

624 RFP Vol-III, Section 3.2, page 11

Provide necessary software, infrastructure & hosting services on cloud based platform on “Platform as a Service” (PaaS) model

We request GNIDA that - All third party software obligations to be routed through the licensing agreement entered directly between the software vendor and the end client

As per the RFP

625 Volume-III 14.1.1.1 Rigt to terminate Page 20 of 45

Any default or breach of any provision hereof and in case SI fails or neglects to cure any such default or breach within 15 days of being called upon in writing to do so by GNIDA.

Bidder requests GNIDA to provide a more reasonable 30 days breach cure notice, before it provides the notice of termination.


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626 15.1.9 Exit Management Page 24 of 45

Knowledge transfer of the system to the incoming System Integrator to the satisfaction of the GNIDA per the specified timelines.

Bidder requests for deletion of the word 'satisfaction of the GNIDA' under this clause. If required details regarding the desire work should be mentioned.


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627 16.2 Limitation of LiabilityPage 26 of 45

The liability of System Integrator (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to this Agreement, including the work, deliverables or Services covered by this Agreement, shall be the payment of direct damages only which shall in no event exceed one time the total contract value payable under this Agreement. The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18.In no event shall either party be liable for any consequential, incidental, indirect, special or punitive damage, loss or expenses (including but not limited to business interruption, lost business, lost profits, or lost savings) nor for any third party claims (other than those set-forth in Clause 16.1) even if it has been advised of their possible existence.

Bidder requests delation to exceptions to liability cap. Hennce the following lines must be deleted: "The liability cap given under this Clause shall not be applicable to the indemnification obligations set out in Clause 16 and breach of Clause 18 ".Exception to clause 16.1 under Clause 16.2.2 also is requested to be deleted.

As per the RFP

628 21 Liquidated DamagesPage 32 of 45


Bidder requests GNIDA to limit the quantum of liquidated damages (including SLA penalties) to a maximum of 5% of the applicable milestone value. Liquidated damages will be levied only if the reason for the delay is solely attributable to the Bidder.

As per the RFP

629 23 Arbitration and Legal JurisdictionPage 33 of 45

In the event of any question, dispute or difference arising under the agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of the CEO, GNIDA (hereinafter referred to as the said officer) and if the CEO, GNIDA is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CEO, GNIDA. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.The venue of the arbitration proceeding shall be the office of CEO, GNIDA or such other place as the arbitrator may decide.However, disputes which remain unresolved further shall be subject to the jurisdiction of the District Court of Gautam Budhh Nagar or the High Court of Allahabad only.

Bidder requests both parties will appoint one arbitrator each as per the terms of the act and both the arbitrators will subsequently appoint the presiding arbitrator. Venue of Arbitration is proposed to be New DelhiJurisdcition is proposed to be New Delhi.


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630 24.2 AssignmentPage 34 of 45

Subject to Clause 5, the selected System Integrator may assign its rights and obligations under this Agreement to a third party according to their solution proposed to GNIDA for activities such as- providing Data Centre and Disaster Recovery Centre services and for Data entry services including related digitization and scanning works, The System Integrator shall provide details of all such assignments including the contact details of such third parties in their technical proposal. However, the ERP application implementation and roll out services cannot be assigned to any third party under this contract.

Bidder requests GNIDA to clarify will the assignment obligation be applicable for subcontracting. For eg. Bidder will be allowed to sub-contract Data Centre and Disaster Recovery Centre services and for Data entry services including related digitization and scanning works, and also procure licenses from OEM under sepreate agreements, which will be detailed under its proposal.


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631 13.2 Invoicing and Settlement (Vol. III)

13.2.4 Payment shall be made within 30 working days of the receipt of invoice along with supporting documents by the GNIDA subject to penalties. The penalties may be imposed on the vendor as per the SLA criteria specified in Section 6 of Volume I of the RFP

Request to make payment within 15 days from the date of invoice.

As per the RFP

632 Volume III\ 1.1.18\ 7\ Material Breach

Material Breach: means a breach by either Party (GNIDA or System Integrator) 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;

Bidder requests the definition be deleted. The term must be defned and considered on case to case basis and in the event of a dispute be determined by a competent court.

As per the RFP

633 Volume III\ Schedule II\ 39\ Change Control Schedule

As per RFP Bidder requests all changes be as mutually discussed and agreed between the Parties.

As per the RFP

634 Volume III\ 24.9\ 36\ Ethics

The System Integrator 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 GNIDA 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 GNIDA standard policies and may result in cancellation of this Agreement.

Bidder requests the applicability of this clause be limited to commitments, payments etc. that are in breach of applicable law.

As per the RFP

635 Volume III\ 24.2\ 34\ Assignment

24.2.1 All terms and provisions of this Agreement shall be binding on and shall inure to the benefit of the GNIDA and their respective successors and permitted assigns. 24.2.2 Subject to Clause 5, the selected System Integrator may assign its rights and obligations under this Agreement to a third party according to their solution proposed to GNIDA for activities such as- providing Data Centre and Disaster Recovery Centre services and for Data entry services including related digitization and scanning works, The System Integrator shall provide details of all such assignments including the contact details of such third parties in their technical proposal. However, the ERP application implementation and roll out services cannot be assigned to any third party under this contract.

Bidder requests the following be added as 24.2.3:'Assignment of Bidder's rights to receive payments and in conjunction with the sale of the portion of the Bidder's business that includes a product or service is not restricted.'


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636 Volume III\ 23\ 33\ Dispute Resolution

23.1 In the event of any question, dispute or difference arising under the agreement in connection therewith (except as to matters, the decision to which is specifically provided under this agreement) the same shall be referred to sole arbitration of the CEO, GNIDA (hereinafter referred to as the said officer) and if the CEO, GNIDA is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CEO, GNIDA. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made

Bidder requests that a sole arbitrator be mutually appointed by the Parties. Sole arbitrataor being an employee of one of the Parties is not permitted under Indian law and the Arbitration and Conciliation Act. Further, subject to arbitration, Parties shall should be subject to the exclusive jurisdcition of competent courts in New Delhi, India.


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23-02-2018

thereof.23.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.23.3 The venue of the arbitration proceeding shall be the office of CEO, GNIDA or such other place as the arbitrator may decide.23.4 However, disputes which remain unresolved further shall be subject to the jurisdiction of the District Court of Gautam Budhh Nagar or the High Court of Allahabad only.23.5 Upon any and every reference as aforesaid, the assessment of costs and incidental expenses in the proceedings for the award shall be at the discretion of the Arbitrator.

637 Volume III\ 21\ 32\ Liquidated Damages


Please delete references to time being of essence. LDs maybe leveied for SI's sole and exclusive failure to adhere to timelines specified in the RFP and not for general events of gross negligence. LDs will be the customer's sole and exclusive remedy.

As per the RFP

638 Volume III\ 20.2\ 32\ Implied Warranty

The warranties provided herein are in lieu of all other warranties, both express and implied, and all other warranties, including without limitation that of merchantability or fitness for intended purpose is specifically disclaimed.

Bidder requests the following be added to the end of the clause: 'Bidder will provide third party product warranties on a pass-through basis to Customer in accordance with the relevant third party terms and conditions.'

As per the RFP

639 Volume III\ 19.2 and 19.3\ 30\ Intellectual Property Rights

19.2 Bespoke developmentSubject to the provisions of Clause 19.3 and 19.4 below, upon payment, the IPR rights for any bespoke development done during the implementation of the project will lie with GNIDA. System Integrator shall be entitled to a broad license back in the bespoke development for its internal usage and other e-governance projects.19.3 Pre-existing workAll IPR including

Bidder requests the clause be modified as follows:Client will own the copyright in works of authorship that Bidder develops for Client under a Statement of Work (SOW) (Project Materials). Project Materials exclude works of authorship delivered to Client, but not created, under the SOW, and any modifications or enhancements of such works made under the SOW (Existing Works). Some Existing

As per the RFP

the source code and materials developed or otherwise obtained independently of the efforts of a party under this Agreement (“pre-existing work”) including any enhancement or modification thereto 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 and modify any of its pre-existing work provided to the other party solely for the performance of such services for duration of the Term of this Agreement. Except as may be otherwise explicitly agreed to in a statement of services, upon payment in full, the System Integrator should grant GNIDA a non-exclusive, perpetual, fully paid-up license to use the pre-existing work in the form delivered to GNIDA as part of the service or deliverables only for its internal business operations. Under such license, either of parties will have no right to sell the pre-existing work of the other party to a Third Party. GNIDA’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 GNIDA at the conclusion of performance of the services.

Works are subject to a separate license agreement (Existing Licensed Works). A Program is an example of an Existing Licensed Work and is subject to the Program terms. Bidder grants Client an irrevocable (subject to Client’s payment obligations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works that are not Existing Licensed Works. Bidder retains an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials.

640 Volume III\ 18\ 30\ Confidentiality

In the course of performing its functions and obligations under this Agreement, System Integrator shall maintain strict secrecy, confidentiality and privacy in respect of the confidential records and information that has come to its possession or knowledge.18.1 System Integrator shall keep confidentiality of the details and information with regard to the Project, including systems, facilities, operations, management and maintenance of the systems.18.2 It is agreed between GNIDA and System Integrator that GNIDA has a right to prevent or prohibit System Integrator at any time from disclosing any information and records to any person and System Integrator shall abide by such decision except as required by any Statutory bodies or by due process of law.18.3 System Integrator agrees that it shall ensure that all its employees, agents, service providers and any another related stakeholder are bound by

Bidder's acceptance of the clause is subject to the below: Each party shall maintain as confidential all information received from the other party that is identified as confidential at the time of disclosure (Confidential Information). Confidential Information shall not include information that is independently developed by recipient or is in public knowledge or is already in the possession of the recipient or is received by receiving party from a third party. If receiving party is required to disclose Confidential Information due to a legal requirement, it shall provide prompt notice of the same to disclosing party. Confidentiality obligation shall survive for a period of two years from date of initial disclosure. Each party shall comply with the applicable export and import laws and regulations. Request clause to be modified accrordingly.


nondisclosure agreements, and shall provide copies of such agreements to GNIDA whenever required.18.4 All Proprietary Information, documentation and correspondence exchanged between GNIDA and System Integrator in relation to the Project and the performance of tasks by System Integrator shall be treated as confidential and privileged by the parties and disclosed only to their respective officers, agents, representatives, professional advisors and members of Official Committees (if any, formed for the purpose) on a need to know basis.18.5 System Integrator shall treat information and records provided to it or obtained otherwise by it in connection with the Project or its implementation as confidential and not use the same wholly or partially for any purpose other than for discharging the obligations under this Agreement, without the prior written approval of GNIDA except as required by any Statutory bodies or by due process of law.18.6 Information that is in the public domain shall not be considered as confidential information under this Agreement.

641 Volume III\ 17.4\ 29\ Allocation of costs arising out of Force Majeure

As per RFP Bidder seeks deletion of Clause 17.4. It is unclear what costs have been approprtioned in the stipualted manner. Each party should be responsible for its own costs arising from force majeure.

As per the RFP

642 Volume III\ 16\ 24\ Indemnification and Limitation of Liability

As per RFP Bidder requests that all indemnities specified in 16.1 be limited to third party claims . The Indemnifying Party should have sole control and defense of the claim and the Indemnifying Party shall be responsible to the extent of court awarded losses and damagaes. Further Bidder requests that only the indemnnty in 16.1.2 be excluded from the cap on liability (as specified in 16.2.1)

As per the RFP

643 Volume III\ 14\ 20\ Termination

As per RFP Bidder requests that termination be made mutual and be limited to events that amount to a material breach. Either party shall be entitled to terminate the Agreement for a material breach of its obligations by the other upon providing prior written notice of atleast 30 days. Further, upon termination, the Bidder should be paid for all goods and services rendered until the effective date of

As per the RFP

termination. Forfeiture of PBG should be limited to events of material breach.

644 Volume III\ 5.4\ 12\ Non-fulfillmet of conditions precedent

5.4.1 In the event that any of the Conditions Precedent of the System Integrator have not been fulfilled within 15 days of signing of this Agreement and the same have not been waived fully or partially by GNIDA or its nominated agencies, this Agreement shall cease to exist;5.4.2 In the event that the Agreement fails to come into effect on account of non-fulfillment of the System Integrator’s Conditions Precedent, the GNIDA or its nominated agencies shall not be liable in any manner whatsoever to the System Integrator and the GNIDA shall forthwith forfeit the Performance Guarantee.5.4.3 In the event that possession of any of the GNIDA or its nominated agencies facilities has been delivered to the System Integrator prior to the fulfillment of the Conditions Precedent, upon the termination of this Agreement such shall immediately revert to GNIDA or its nominated agencies, free and clear from any encumbrances or claims.

Bidder requests that all termination be pursuant only to Clause 14.Forfeiture of PBG should be limited to events of material breach.

As per the RFP

645 Volume III\ 13.2.4 \ 19\ Invoicing and settlement

Payment shall be made within 30 working days of the receipt of invoice

Request modification - Payment shall be made within 30 calendar days from date of invoice.

As per the RFP

646 Volume III\ 13.2.5\ 19\ Invoicing and settlement

The GNIDA shall be entitled to delay or withhold payment of any invoice or part of it delivered by the System Integrator under Schedule-IV of this Agreement where the GNIDA 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. The disputed/ withheld amount shall be settled post resolution of the dispute. Further, the System Integrator will not claim any interest on the arrear/ payment due but not paid from GNIDA. Any exercise by the GNIDA under this Clause shall not entitle the System Integrator to delay or withhold provision of the Services.

Request modification:- In case of dispute, withhold shall be limited to maximum 20% of the invoice value.- There should be a fast track mode for dispute resolution, all disputes shall be resolved within 30 days from the date of identification.- Dispute should be limited to the cause solely attributable to SI.

As per the RFP

647 Volume III\ 13.3.3\ 19\ Taxes

13.3.3 If, after the date of this Agreement, there is any change of rate of levy under the existing applicable laws of India with respect to taxes and duties, which increase or decreases the cost incurred by the System Integrator in performing the Services, then all such taxes, duties and

These are statutory matters, any increase in charges due to these changes should be borne by Authority. Request modification.Request inclusion of following additional clauses to address tax implications : --Rates, charges or fees specified in this Agreement are exclusive of all taxes. If any


other charges while executing the task should be borne by the System Integrator.

authority imposes upon any transaction under this agreement, a duty,tax, levy or fee,excluding those based on Bidder's net income,then customer agrees to pay that amount as specified in an invoice. Bidder shall pay all collected taxes to the appropriate taxing authority. If the customer supplies exemption documentation, acceptable to the taxing authorities, then Bidder shall not charge the aforementioned duty, tax,levy or fee. If the taxing authorities subsequently opine that Bidder should have charged such duties,taxes,levies or fees, customer shall pay the same (including any interests, levies and penalties) as required by the taxing authorities. Except as provided above, the party that is liable for payment of any tax upon which interest and penalties are imposed, shall bear such interest and penalties.--Customer is responsible for any personal property taxes for each product from the date Bidder ships it to customer. Additional taxes and tax related charges may apply if Bidder' personnel are required to perform services outside their normal tax jurisdiction. As practical Bidder will work to mitigate such additional tax and tax related charges and will inform customer in advance if these additional charges apply and are payable by the customer.--The Customer shall deduct applicable taxes under the provisions of the Income Tax Act, 1961 (“the Act”) in respect of the payments due to Bidder and remit such Taxes Deducted at Source (“TDS”) to the credit of the Government Account, file quarterly TDS returns under the provisions of the Act or such other law in force, furnish TDS certificates and comply with any other requirement connected thereto as required under the provisions of the Act. Further, the customer shall ensure that the Permanent Account Number (“PAN”) of Bidder is quoted rightly in such quarterly TDS returns or any other document where the PAN of Bidder is required to be mentioned. Furthermore, in the event of credit not being provided to Bidder in respect of such TDS on account of the customer not mentioning the correct PAN of Bidder, the customer shall file revised quarterly TDS returns so as to facilitate credit of such TDS to Bidder and in the eventuality

of credit not being provided to Bidder in respect of such TDS on account of default/ non-compliance by the customer, the customer shall compensate Bidder to the extent to which credit is not provided to Bidder.