government of india ministry of mines indian bureau … · government of india ministry of mines...

GOVERNMENT OF INDIA

MINISTRY OF MINES

INDIAN BUREAU OF MINES

INDIRA BHAWAN, CIVIL LINES,

NAGPUR- 440 001

RFP No.MTS/01/2015-16/CCOM

RESPONSE TO PRE-BID QUERIES

13 October 2015

Response to pre-bid queries of RFP for Selection of an Implementation Agency for design, development, maintenance and operations of Mining Tenement System

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Sl. No. Organization

Section No.

Clause No.

Reference/ subject clarification sought Response

1. Organisation 1 4.1.1.14 Pg 59 Migration Please provide clarity on the volume of data that needs to be migrated from the existing system to the new proposed system.

Please refer to the clause 4.1.1.14, Annexure A-VII and Annexure A-IX

2. Organisation 1 4.1.1.14 Pg 59 Migration Please provide clarity on the format of the existing data that needs to be migrated from the existing system to the new proposed system.

Please refer to Annexure A-VII and Annexure A-IX. Interested bidders may visit IBM Nagpur premises to obtain more clarity.

3. Organisation 1 4.1.1.14 Pg 60 Scanning The bidder would be required to quote a lump sum cost of scanning 2,00,000 pages and a unit rate will be applicable after exceeding scanning of 2,00,000 pages. i) The bidder should ensure that the data developed, organized or digitized is GIS ready for MTS application. This would also entail responsibilities including (but not limited to): a. Geo-referencing b. Mosaicing c. Vectorization d. Metadata harvesting Kindly let us know whether the digitization of 2 lakh pages include GIS related documents for which vectorization/geo referencing/mosaicing/ metadata harvesting is required to be done?

The break-up of 2,00,000 pages has been provided in this document (Refer Sl. No. 24).

4. Organisation 1 Section 3.0 Pg 85 Workflow Request you to please share few sample workflows and forms which the department use for various services.

The RFP provides the high level processes and functional requirements of the proposed MTS system. The bidders may visit the website / offices of Indian Bureau of Mines (www.ibm.nic.in) / State DGMs to gain a more detailed understanding of their functions and workflows.


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Section No.

Clause No.


5. Organisation 1 Technical Specificati

ons

DMS Scanning We understand that less paper initiative is key requirement of project and so there is a key 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.

It is bidder's responsibility to propose suitable platforms/ software as per Purchaser's requirements as stated in the RFP.


ons

BPM Business Process Management

As this RFP aims to replace existing manual systems of paper based working in the department by automating the multiple workflows like Registration, Concessions Management, etc. Our recommendation is that you need a Business Process Management (BPM) platform which has the capabilities of graphically modelling the processes or workflows, in built Form designer, process simulator, configurable Business Activity Monitoring tool(Dashboards) and integrated Document Management System for storing documents. Please confirm our understanding is correct.

RFP conditions shall prevail


ons

BPM BPM Standards Request you to include the following specification to ensure best of breed solution: The required BPM solution for the Workflow Management system should be BPEL based Service Oriented Architecture.So please ensure that a BPM based system which should complies to workflow standards such as BPMN, BPEL, WFMC is required for automation of workflows



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Section No.

Clause No.



ons

DMS Document Management System

Since the Document Management System will be storing critical documents of department which needs to be archived for long term, we recommend the department should archive documents in PDF/A format with support for annotations (PDF/A is an open ISO standard for long term archival and is now becoming de-facto standard in most government projects. The benefits of using PDF/A is that it is independent of application and hardware , supports better compression and linearized based faster web view )



ons

DMS Document Management System

Request you to include the following specification to ensure best of breed solution and this will also enhance the scalability of proposed Content & document management module : The system should store only index information in database while images should be stored in separate file server.DMS should be designed for storing high volumes. DMS should store image and binary document in a separate file server and not in RDBMS.



ons

DMS Records Management System

As per mentioned in the RFP document, Long term archival of the documents is also part of the Enterprise Content Management Suite. Request you to include the following specification to ensure the best of breed solution: Solution should include DoD 5015.2 certified Records Management component to comply with regulatory and legal policies for long-term archival of content. And needs to provide the documentary evidence for the same.

Annexure A-VII provides the data retention policies of IBM


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Section No.

Clause No.


11. Organisation 1 Annexure B-XIV

Pg 142 Source Code As per mentioned in the RFP document, source code documentation is required as part of Project documentation. With this our understanding is that, the department requires the source code of the Custom development done for this project. However if Source Code of COTS based solution is required then same can be kept under the Escrow Agreement. Please confirm our understanding.

Source code for application software developed for IBM shall be submitted and custom build module for COTS application. Bidder should clearly define the products for which the bidder shall not be able to share the source code

12. Organisation 1 Mobile Applicatio

n

Pg 49 Mobile Solution As mobile solution is required to check status of various processes automated in the system. Mobile application will also be used to initiate various services wherein multiple document will be captured. So imaging features become the important requirement of mobile application framework. So our recommendation is that mobile application framework should have below mentioned features:- a. Image compression, B/w conversion from color images b. G4 compression for B&W, JPEG for color and gray scale c. Multiple page document capture d. Auto cropping, Auto orientation, perspective correction, noise removal, geo capture e. Image capture setting ( camera resolution, image type) Please confirm.

Section 4.1.1.6.6 provides the requirements from the mobile app. The bidder is expected to provide the best suited solution to meet these requirements.


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Section No.

Clause No.


13. 4.1.1.14 Pg 60 g) The bidder would be required to quote a lump sum cost of scanning 2,00,000 pages and a unit rate will be applicable after exceeding scanning of 2,00,000 pages.

a) We understand this requirement as scanning of documents/files into digital copy (as Multi-Page Tiff or PDF or PDF/A format) and store in MTS system for reference/further processing and cost of scanning of 200000 pages should be quoted. Please confirm.

Please refer RFP section 4.1.1.14 and Table I: Data Digitization in the financial bid template for further clarity

14. Organisation 1 Annexure II

Business Process Management

NA Since IBM is looking for a worldclass inter-operable solution, request you to kindly include following in specification of "Business Process Management" System. "System should confirm to industry workflow standards like WFMC , BPEL , & BPMN ." WFMC (Workflow Management Coalition) Standard - Standards for the interoperability of workflow management systems BPEL (Business Process Execution Language) Standard - OASIS standard executable language for specifying actions within business processes with web services BPMN (Business Process Model and Notation)Standard - Standard for business process modeling that provides a graphical notation for specifying business processes in a Business Process Diagram (BPD),based on a flowcharting technique very similar to activity diagrams from Unified Modelling Language (UML).



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Section No.

Clause No.


15. Organisation 1 Annexure I Functional Specification

NA As per the RFP Document, there are various processes in which movement of files and documents is expected. Since the government is currently focussed on "Digital India" & "Digital Work Place", we strongly feel that the File Movement (which is currently hardcopy based & an inseparable part of Government Functioning as per "Manual Of Procedures", we strongly feel that following functionalities should be brought as scope of Functional Requirement : • Electronic Letter/DAK Management with features like DAK register, electronically forwarding the letter from inward section to concerned officer, tracking of the letter/DAK etc • Electronic File Management System which is Whitehall based( Electronic File with Correspondence documents in right side and Green Note Sheet on left side replicating the current filing structure)


16. Organisation 1 General

Since Honourable Prime Minister is promoting "Make In India", request you to kindly include additional marks in Technical Evaluation for "Make In India" Software Products complying your requirement.


17. Organisation 2 RFP Document

4.1.1.2.1

GIS Inventory requirement

What is actually meant by GIS Inventory requirement? Does it also include what should be the requirement in the mentioned categories a) to k) for implementation of the MTS? Or, this assessment should be confined to present situation? Should it be futuristic?

This clause may be read in conjunction with Page 94 and 95 for clarity


4.1.1.2.1


Does the inventory assessment also envisage to actually making an inventory of the current availability?

This clause may be read in conjunction with Page 94 and 95 for clarity. Bidder will receive all GIS related information from various agencies as mentioned in Page. 95. IBM will provide the data available with IBM and after gathering from GSI


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Section No.

Clause No.


(regional geological maps), State Govt. (Lease maps on cadastral or forest map).


4.1.1.2.1


The categories mentioned in a) to k) may or may not be directly integrated into MTS without processing and/ or subjecting to specific workflows. These working/ processing techniques and software are part of this assessment or not? e.g., Satellite images cannot be directly a part of the web services unless it is processed and orthophoto of the same optimized for web is created. In case these techniques/ software are to be assessed, are they going to be part of the solution and will they have to be provisioned by the bidder?

IBM will facilitate receipt of all GIS related data to Bidder from respective stakeholders as mentioned in page No. 95 of RFP. The bidder is expected to undertake all such activities mentioned under clause 4.1.1.14 (i) Digitization, migration, cleansing and enriching of data from legacy systems. These activities will be carried in the premise of IBM, Nagpur. These activities will be performed by bidder's resources which would be procured at unit rates as quoted by the bidder in their proposal.


4.1.1.2.1 and

4.1.1.2.3


Are the equipment also a part of assessments of the existing inventory requirements? eg., DGPS equipment

The bidder is supposed to conduct inventory assessment as per the physical information available at the IBM and state DMGs. DGPS survey is not in the scope of work of bidder and thus no such related equipment are required


4.1.1.2.2

GIS The process of integration of DGPS Survey, Satellite Images and other layers involve specialized software, tools and work processes. Should they be included in the exercise? If they are to be involved, the quantity of GIS dataset will be required in terms of area.

This clause may be read in conjunction with Page 43, 60 and 95 for clarity.


4.1.1.5.1

GIS The spatial data requirement assessment will have to be based on certain requirements of resolution, scale etc.. What will be these parameters and where will they be available (for imageries and other layers)?

This is part of scope of bidder and bidder has to do the assessment of Inventory data and do the implementation as per the requirement


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Section No.

Clause No.



4.1.1.5.2 ,

4.1.1.5.4 and

4.1.1.5.5

GIS Process establishment for integration of cadastral map, topographic maps, forest maps, satellite images and DGPS data will involve processing equipment, hardware and specialized software; and also at some times trained technicians, Does the scope also include these with provisions by the bidder for them or is just a establishment of schematic flow diagram of the process?



4.1.1.14- g

Scanning Scanning activity is to quoted for- what is the page size? Are all the scanning pages of same size? if not what would be the breakup? Is it color? What about the scanning equipment?

The bidders may consider following indicative

estimates for scanning: 10% - A0, 20%: A3, 70%:

Legal and A4.

The files are tightly bounded and are mostly both

side printed. The indicative number of metadata

tags would be for around 200 characters per page.

The scanning will be done in B&W ‘As Is basis’.

Purchaser will provide workspace and power

supply in Nagpur. All the remaining requirements

are to be arranged by the bidder.


4.1.1.14- h

Digitization What is the size of data entry forms? The bidders may asses the character in each page from the forms available in MCR 1960 and MCDR 1988 over IBM website or any State DMGs. The files which are supposed to be digitized are mostly both side printed. The bidders are required to conduct data entry in English language and would be done in IBM, Nagpur. Purchaser will provide workspace and power supply in Nagpur. All the remaining requirements are to be arranged by the bidder.


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Section No.

Clause No.



4.1.1.14- j

GIS While for the activities of georeferencing etc. the software is to be provided by the bidder, who is responsible for the hardware? Is this activity included the purview of the manpower deployed at Nagpur?

Refer Annexure –II, Clause No.4.1 (Note) Page – 41 of RFP..


4.1.1.14

Manpower Does the purview of manpower deployed at Nagpur cover a) update and enrich data sets (item- f) b) scanning c) data entry d) activities included in item- i). Is there any other activity they should be responsible for?

The clause is self-explanatory


Definitions

Performance Guarantee or Contract Performance Guarantee

Performance Guarantee or Contract Performance Guarantee means the guarantee provided by a Nationalized Bank in favour of the Purchaser. The amount of Performance Security shall be 10% of the overall cost of the project. This performance security shall be valid till six months after the completion of the project or for such time as is required under this Agreement As per other provisions of the tender, Performance Guarantee or Contract Performance Guarantee should be valid till 60 days after completion of the project.



Clause 5.3

Performance Guarantee or Contract Performance Guarantee

In case of the successful BIDDER a clause would also be incorporated in the Article pertaining to Contract Performance Security in the Service Contract that the provisions of Sanctions for Violations shall be applicable for forfeiture of Contract Performance Security in case of a decision by the PURCHASER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. Performance Guarantee or Contract Performance Guarantee means the guarantee provided by a Nationalized Bank in favour of the Purchaser. The amount of Performance Security shall be 10% of the overall cost of the project. This performance



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Section No.

Clause No.


security shall be valid till six months after the completion of the project or for such time as is required under this Agreement The Contract Performance Security will be forfeited in case of material breach and IA will be provided adequate cure period for the remedy of defect before the forfeiture.


Clause 11.4

Legal conditions Purchaser reserves the right to review and negotiate the pricing model and charges payable for the MTS Operations and Maintenance at the beginning of each contract year or at any time considered appropriate by the Purchaser, to incorporate downward revisions, as applicable and necessary The clause needs to be deleted as this is a fixed price contract.

Please refer corrigendum.


Clause 11.7

Purchaser reserves the right to review and negotiate the pricing model and charges payable for the MTS Operations and Maintenance at the beginning of each contract year or at any time considered appropriate by the Purchaser, to incorporate downward revisions, as applicable and necessary

The clause needs to be deleted as this is a fixed price contract.

Please refer response to Query no 30


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Section No.

Clause No.



Clause 11.6

Financial Bid The Financial Bid should clearly indicate the price to be charged without any qualifications whatsoever and should include all taxes, duties, fees, levies, works contract tax and other charges as may be applicable in relation to the activities proposed to be carried out. It is mandatory that such charges wherever applicable/payable should be indicated separately in Annexure C-II: Break-up of Cost Components. However, should there be an increase in the government taxes or any new taxes were to become applicable; the same would be paid to the bidder. Similarly any benefits arising due to reduction of the tax rates or any existing taxes becoming non-applicable should be passed on to Purchaser. Please clarify that the clause also covers the introduction of new taxes.

The following paragraph from clause 11.6 of RFP document, may be referred for clarity: "However, should there be an increase in the government taxes or any new taxes were to become applicable; the same would be paid to the bidder. Similarly any benefits arising due to reduction of the tax rates or any existing taxes becoming non-applicable should be passed on to Purchaser."


Clause 31.3

Legal conditions Payments shall be subject to deductions of any amount for which the IA is liable under the empanelment or RFP conditions. Further, all payments shall be made subject to deduction of TDS (Tax deduction at Source) as per the Income-Tax Act and / or any other statutory provisions. Please confirm that IBM will release appropriate tax deduction certificate.

Yes. IBM will release appropriate TDS certificate to the selected bidder after the payments.


Clause 34.5

Legal conditions Purchaser is not liable to pay the IA any of the following in the event of termination of work by the IA, without the consent of the Purchaser: i) any charge for Services IA provided and any Deliverables and/or system (or part thereof) IA delivered prior to termination, AND ii) any reimbursable expenses IA incurred prior to or during termination IA should be paid for successful delivery of products and services through the termination.

The bidder may please read clause 34.6 for further clarity. RFP conditions shall prevails


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Section No.

Clause No.



Clause 34.5

Purchaser is not liable to pay the IA any of the following in the event of termination of work by the IA, without the consent of the Purchaser: i) any charge for Services IA provided and any Deliverables and/or system (or part thereof) IA delivered prior to termination, AND ii) any reimbursable expenses IA incurred prior to or during termination

What will be remedy available with IA if it termination due to non-payment of purchaser? Will the termination fees be the same as per clause 34.6?



Clause 35.14.2

Termination If the IA, in either of the above circumstances, does not take remedial steps within a period of 30 days after receipt of the default notice from Purchaser (or takes longer period in-spite of what Purchaser may authorize in writing), Purchaser may terminate the contract / work order in whole or in part. In addition to above, Purchaser may at its discretion, procure upon such terms and in such manner, as it deems appropriate, goods/ services similar to the undelivered items/products and the defaulting IA shall be liable to compensate Purchaser for any extra expenditure involved towards goods and services to complete the scope of work in totality or 10% of the work order as cancellation charges whichever is higher Defaulting IA shall be liable to compensate Purchaser for any extra expenditure involved towards goods and services to the extent of 10% of the work order as cancellation charges. Also there should be a competitive bidding process for the selection of new IA. There is already a provision for termination for



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Section No.

Clause No.


Material Breach as mentioned in clause 34.1, therefore this provision should be deleted.

37. Organisation 2 SLA Clause 7.3

SLA conditions Maximum Penalty applicable for any quarter should not exceed 30% of the ‘applicable fees’ for the respective quarter. We request the maximum Penalty applicable for any quarter should not exceed 7.5% of the ‘applicable fees’ for the respective quarter.



Two consecutive quarterly deductions of 30 % of the applicable fee on account of any reasons will be considered as an event of default and the Purchaser may consider the same as a ground for termination of the contract as per clause 34 of the RFP. We request deletion of this clause as severe penalty is considered to be material breach hence this clause is not relevant/required as risk of non-performance is taken care their.



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Section No.

Clause No.


39. Organisation 2 Annexure F

Clause 7

Integrity Pact The BIDDER undertakes that it has not supplied/offered / is not supplying/offering similar solutions at a price lower than that offered in the present bid in respect of any other Ministry / department of the Government of India or PSU and if it is found at any stage that similar solutions were supplied by the BIDDER to any other Ministry / department of the Government of India or PSU at a lower price, then that very price, with due allowance for the elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the PURCHASER, if the contract has already been concluded We submit that this provision should be deleted


40. Organisation 2 Payment Annexure G - I

Payment terms The purchaser will release 80% of total invoice value upfront for hardware supply, installation and commissioning after submission of hardware commissioning report. The hardware should be procured by the bidder adhering to the timelines stated for each milestone. The remaining 20% payment towards invoice value will be paid after satisfactory acceptance and scrutiny by the purchaser after solution go-live. We request deletion of the clause, as payment is generally linked with TCV and linking this to hardware value will not have merit. Payment of 100% should be released on suply of hardware.



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Section No.

Clause No.


41. Organisation 2 Payment Point 4 Payment terms The total payment made to the Implementing Agency against the invoices of hardware supply, installation and commissioning will not exceed the payment percentage specified against each milestone. The clause needs to be deleted as this is system integration work and IA is responsible for the sizing etc. as per other clause in the RFP and abide by SLA and Liquidated Damages. Hence payment are for 'milestones' and not for the separate deliverables.



NA New IA should be paid for Exit management charges. RFP conditions shall prevail


NA New We request a suitable clause be inserted in the RFP document mentioning that the 'payment will be made within 30 days from date of receipt of invoice along with the specified documentation'


44. Organisation 2 Definitions Clause 13

Deliverables (source code and all its modifications)

We submit that the deliverables will be provided in object code only; no source code will be provided by the Bidder.

Please refer response to Query No. 11


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Section No.

Clause No.


45. Organisation 2 Instructions to

Bidders

Integrity Pact

Clause 3.1

Clause

7

Integrity Pact Fall Clause 7.1. The BIDDER undertakes that it has not supplied/offered / is not supplying/offering similar solutions at a price lower than that offered in the present bid in respect of any other Ministry / department of the Government of India or PSU and if it is found at any stage that similar solutions were supplied by the BIDDER to any other Ministry / department of the Government of India or PSU at a lower price, then that very price, with due allowance for the elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the PURCHASER, if the contract has already been concluded. We submit that this clause be modified as follows: "The BIDDER undertakes that it has not supplied / is not supplying same/identical solutions, having same scope of work, quantity, specifications, schedule for delivery, payment terms and all other applicable terms and conditions, at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU during the period of three months immediately prior to the date of submission of this proposal, and if it is found any stage of bidding process that identical/same solutions having same scope of work, quantity, specifications, schedule for delivery, payment terms and all other applicable terms and conditions was supplied by the BIDDER to any other Ministry / Department of Government of India or a PSU (prior to the bid submission) at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the



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Section No.

Clause No.


difference in the cost would be adjusted by the BIDDER to the Purchaser at the contracting stage."


Bidders

Suspension of Work

Effects of terminatio

n

Clause 3.2

Clause

28

Clause 34.3

Clause 35.5

Contract performance security

28.2. If the IA is not able to comply with the contractual obligations completely within the specified period, the EMD/Bank Guarantee for Contract Performance will be forfeited in full. Besides legal action shall be taken separately. In the event that Purchaser terminates the Agreement pursuant to failure on the part of the IA to comply with the conditions as contained in this Clause and depending on the event of default, EMD / Performance Guarantee furnished by IA may be forfeited. 35.5. In case the selected bidder is found in-breach of any condition(s) of RFP or supply order, at any stage during the course of supply/ installation/commissioning or warranty period, the legal action as per rules/laws, shall be initiated against the bidder and EMD/Bank Guarantee for Contract Performance Security shall be forfeited.



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Section No.

Clause No.


General Conditions

We propose that there should be provision for adequate time period (cure period) of atleast 30 days to the bidder to rectify/cure the breach. The performance guarantee/EMD should be evoked only in case of material breach of the contract which is solely attributable to the bidder and the bidder fails to rectify the breach within the cure period. Invoking performance bank guarantee/EMD shall be exclusive right available to bank in case of bidder's material breach of contract.

47. Organisation 2 Prices Clause 11.4

Contract conditions The Bidder shall prepare the bid based on details provided in the RFP documents. It must be clearly understood that the requirements are intended to give the Bidders an idea about the order and magnitude of the work and are not in any way exhaustive and guaranteed by Purchaser. Bidder shall carry out the design of the solution and sizing of the infrastructure needed in accordance with the requirements of the Purchaser. If during detailed planning any upward revisions of the specifications given in the Bid Document are to be made to meet the requirement of bid documents; all such changes shall be carried out within the contract price without any impact to Purchaser. We request a suitable process of Change request be followed to incorporate any upward revision in the specifications/change in requirements with corresponding change in the contract price

Refer Annexure F IV: Change Control Note for details


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Section No.

Clause No.


48. Organisation 2 Selection Process

Clause 16.5

Sub contracting Sub-contracting not to be allowed for core project activities. However for non-core activities like civil and electrical work (related to site preparation), digitization and handholding may be allowed with prior approval of the Purchaser. Failure to do so shall result in termination of contract and forfeiture of Bank Guarantee for Contract Performance and/ or EMD. We request you to allow subcontracting for the facilities management part also during the support phase for manpower etc .The same will also allow us to have annual maintenance contract directly with different hardware and software OEM's .

Kindly note that handholding activities referred here also included facility management activities.

49. Organisation 2 Signing of Contract

Clause 18.3

In case of exigency attributable to IA’s default, if Purchaser gets the work done from elsewhere, the difference in the cost of getting the work done will be borne by the successful Bidder.

We submit that the Purchaser’s right to get the work done from elsewhere and requiring the successful Bidder to bear the difference in the cost of getting the work done should be applicable only: (i) after expiry of the cure period of 30 days provided to the Bidder and failure remains uncured even after such cure period; (ii) for procuring same services and limited to 10% of the value of the affected/undelivered services; (iii) the vendor stepping in be selected via a tendering process.

RFP conditions shall prevail.

50. Organisation 2 Transition Managem

ent

Clause 20

20.1. Post the contract period, the IA is expected to provide a smooth handover of all the knowledge material and assets to Purchaser. 20.2. The IA will be required to handover the following indicative list: (a) Source Code and executable files)

We request you to provide more clarity regarding the documentation during the handover phase.

Please refer clause 4.1.1.4.9


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Section No.

Clause No.


51. Organisation 2 Purchaser’s Right of Monitorin

g, Inspection

and Periodic

Audit

Clause 21.3

Purchaser shall also have the right to conduct, either itself or through another IA as it may deem fit, an audit to monitor the performance by the IA of its obligations/functions in accordance with the standards committed to or required by Purchaser and the IA undertakes to cooperate with and provide to Purchaser/ any other IA appointed by Purchaser, all documents and other details as may be required by them for this purpose. Any deviations or contravention identified as a result of such audit/assessment would need to be rectified by the IA failing which Purchaser may, without prejudice to any other rights that it may have issue a notice of default.

We request that the third party auditors should be independent and not be competitors of the IA. Third party auditors should execute standard confidentiality documents of the IA prior to any audit. IA’s internal cost break-up will not be subject to any audit. Further, it is proposed that any changes required post such audit will be mutually discussed and agreed between the IA and the Purchaser as per the change management process.

Appropriate Government procedures will be followed for audit.


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Section No.

Clause No.


52. Organisation 2 Intellectual Property

Rights

Clause 21.4.1

Clause 21.4.2

Legal conditions Purchaser shall own and have exclusive right in perpetuity to use all Intellectual Property Rights which have arisen out of or in connection with the implementation of this Contract, including all processes, products, software, specifications, reports, drawings and other documents which have been developed by the IA during the performance of Services and for the purposes of inter-alia use or sub-license of such Services under this Contract. The IA undertakes to disclose all Intellectual Property Rights arising out of or in connection with the performance of the Services to Purchaser and execute all such agreements/documents and file all relevant applications, effect transfers and obtain all permits and approvals that may be necessary in this regard to effectively transfer and conserve the Intellectual Property Rights of Purchaser. If Purchaser desires, further, the IA shall be obliged to ensure that all approvals, registrations, licenses, permits and rights which are inter-alia necessary for use of the infrastructure installed by the IA, the same shall be acquired in the name of Purchaser, prior to termination of this Contract and which shall be assigned by Purchaser to the IA for the purpose of execution of any of its obligations under the terms of this RFP. However, subsequent to the term of this Contract, such approvals etc. shall endure to the exclusive benefit of Purchaser. We request you to kindly elaborate on the clause

The condition is self-explanatory


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Section No.

Clause No.



Rights

Clause 21.4.3

Legal conditions The IA shall ensure that while it uses any software, hardware, processes or material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the IA shall keep Purchaser indemnified against all costs, expenses and liabilities howsoever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the IA during the course of performance of the Services. We request you to kindly elaborate on the clause



Rights

Clause 21.6

Bespoke development Subject to the provisions of Clause 21.7 and 21.8 below, upon payment, the IPR for any bespoke development done during the implementation of the project will lie with the Purchaser. Implementation Agency shall be entitled to a broad license back in the bespoke development for its internal usage and other e-governance projects. We request you to kindly elaborate on the clause


55. Organisation 2 Residuals Clause 21.8

Default IA shall be precluded from independently developing for itself, or for others, anything, whether intangible or non-tangible form, which is competitive with, or similar to, the deliverables set-out in this RFP We submit that this restriction should be removed.

Refer Corrigendum


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Section No.

Clause No.


56. Organisation 2 Confidentiality

Clause 25

Legal conditions The IA shall be liable to fully recompense Purchaser for any loss of revenue arising from breach of confidentiality. Purchaser reserves the right to adopt legal proceedings, civil or criminal, against the IA in relation to a dispute arising out of breach of obligation by the IA under this clause. We submit that the provisions mentioned herein requiring IA to "recompense Purchaser for any loss of revenue" should be deleted. We suggest that: i) each party should be responsible to the other for the breach committed by it; and ii) the compensation on account of breach of confidentiality obligations should be limited to proven damages (excluding any loss of profits/revenue), suffered by the non-defaulting party, as decided by a court of competent jurisdiction.


57. Organisation 2 Change /Alteration/Variation in Work Order

Clause 26

SLA conditions 26.1. Notwithstanding with anything contained in Clause 3.5 under Annexure E-I: Service Level Agreements, IA agrees that the MTS requirements given in functional requirements specifications of the RFP in Annexure I-1 are minimum requirements and are in no way exhaustive and guaranteed by Purchaser. It shall be the responsibility of the IA to meet all the requirements of design criteria and specifications contained in the RFP as well as due to amendment of MMDRA and Rules framed thereunder and any upward revisions and/or additions of quantities, specifications, sizes given in specifications etc. of the RFP required to be made during commissioning of MTS shall not constitute a change order and shall be carried out without a change order as well as without any time and cost effect to Purchaser. Any upward revision and/or additions consequent to errors, omissions, ambiguities, discrepancies in the specification of the RFP which the IA had not brought out to

This clause should be read in conjunction with clauses 26.2 and 26.3


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Section No.

Clause No.


Purchaser’s notice in his Bid shall not constitute a change order and such upward revisions and/or addition shall be carried out by IA without any time and cost effect to Purchaser. We request to kindly delete the clause

58. Organisation 2 Change of expected volumes

and manpower

Clause 27

Manpower 27.1. Purchaser will have the option to increase or decrease the size of the dedicated and exclusive resources deployed, at any time during the contract period. 27.6. The IA shall not be entitled to any claim by way of change of price, damages, losses, etc. However, the IA shall be compensated at actual for any cancellation charges provided the claim is duly supported by documentary evidence of having incurred cancellation charges, which results from Purchaser’s action in reducing/canceling Scope of work. We request more elaboration on the clause

Clause 27.1 should be read in conjunction with 27.2


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Section No.

Clause No.


59. Organisation 2 Suspension of Work

Clause 28

Suspension of Work 28.1. The IA shall, if ordered in writing by Purchaser’s Representative, temporarily suspend the works or any part thereof for such a period and such a time as ordered. The IA shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Works as aforesaid. An extension of time for completion, corresponding with the delay caused by any such suspension of the works as aforesaid shall be granted to the IA, if request for same is made and that the suspension was not consequent to any default or failure on the part of the IA. In case the suspension of works, is not consequent to any default or failure on the part of the IA, and lasts for a period of more than 2 months, the IA shall have the option to request Purchaser to terminate the Contract with mutual consent. 28.2. If the IA is not able to comply with the contractual obligations completely within the specified period, the EMD/Bank Guarantee for Contract Performance will be forfeited in full. Besides legal action shall be taken separately. We submit that if suspension is due to any other reason apart from default by IA, the IA shall be eligible to claim loss suffered/costs incurred due to such suspension. We also submit that the IA should be provided with adequate prior notice before any suspension of the works or part thereof, and the project timelines should be extended in case of any suspension of the works.



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Section No.

Clause No.


60. Organisation 2 Penalty Calculation Process

Clause 29

Any unjustified and unacceptable delay beyond the delivery, installation and commissioning schedule as per contract will render the IA liable for penalty at the rate as mentioned in the “Annexure E-I: Service Level Agreement”.


61. Organisation 2 Payment Process

Clause 31

Payment Process Query not clear

62. Organisation 2 Onsite Warranty

Maintenance

Clause 32

32.1. The warranty period for the systems shall be taken into account from the date of completion of supply of products, its successful installation/commissioning and acceptance by Purchaser, including free spare parts, kits or accessories. Failure to provide satisfactory warranty service/support shall attract penalties.

We submit that the warranty as provided by the applicable OEM/vendor will be passed onto the Purchaser on "As is" basis. We will provide the support & maintenance services in accordance with the terms as agreed with the Purchaser.

RFP conditions prevail


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Section No.

Clause No.


63. Organisation 2 Effect of terminatio

n

Clause 34.5

34.5. Purchaser is not liable to pay the IA any of the following in the event of termination of work by the IA, without the consent of the Purchaser: i) any charge for Services IA provided and any Deliverables and/or system (or part thereof) IA delivered prior to termination, AND ii) any reimbursable expenses IA incurred prior to or during termination

We submit that upon any termination of the contract, the Purchaser should pay the IA for all the Services/Deliverables provided by the IA prior to termination of the contract, and such reimbursable expenses incurred by IA prior to or during termination.



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Section No.

Clause No.


64. Organisation 2 Indemnity Clause 35.9

Indemnity The selected bidder shall indemnify the Purchaser/User department against all third party claims of infringement of patent, trademark/copyright or industrial design rights arising from the use of the supplied software/ hardware/manpower etc. and related services or any part thereof. Purchaser/User department stand indemnified from any claims that the hired manpower may opt to have by virtue of working on the project. Purchaser/User department also stand indemnified from any compensation arising out of accidental loss of life or injury sustained by the hired manpower while working on the project. We are willing to defend or settle any third party claims alleging that the HP Branded products/services being provided by us infringe any third party IPR. The standard IPR infringement indemnity that is offered by third party branded OEM manufacturers and licensors will be directly available to the Purchaser. We submit that the following exclusions should be included in the contract: “Exclusions: Bidder has no obligation for any claim of infringement to the extent arising from: (i) any third party materials; (ii) Bidder’s compliance with or use of Purchaser’s information, technology, designs, specifications or instructions, including those incorporated into any Statement of Work or deliverable; (iii) modification of the deliverables by Purchaser or a third party; (iv) use of the deliverables in a way not indicated in the Statement of Work or in any specifications or documentation provided with such deliverable; or (v) use of the deliverables with products not supplied by Bidder. Remedies: In the event that an infringement claim regarding any deliverables appears likely, Bidder may at its sole discretion, and as Purchaser’s sole



30 | P a g e


Section No.

Clause No.


and exclusive remedy, either: 1. obtain for Purchaser the right to use the infringing deliverables; or 2. modify the infringing deliverables so that it is no longer infringing; or 3. obtain and substitute a functionally similar deliverables that are not infringing. Sole and Exclusive Remedy. This section states Bidder’s entire liability for claims of intellectual property infringement related to deliverables.”

65. Organisation 2 Liquidated Damages

Clause 35.13

Liquidated Damages (LD) will be as per Annexure E-I: Service Level Agreements.

We request the maximum Penalty applicable for any quarter should not exceed 7.5% of the ‘applicable fees’ for the respective quarter.



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Section No.

Clause No.


66. Organisation 2 Definition for default

Clause 35.14

If the IA, in either of the above circumstances, does not take remedial steps within a period of 30 days after receipt of the default notice from Purchaser (or takes longer period in-spite of what Purchaser may authorize in writing), Purchaser may terminate the contract / work order in whole or in part. In addition to above, Purchaser may at its discretion, procure upon such terms and in such manner, as it deems appropriate, goods/ services similar to the undelivered items/products and the defaulting IA shall be liable to compensate Purchaser for any extra expenditure involved towards goods and services to complete the scope of work in totality or 10% of the work order as cancellation charges whichever is higher.

We submit that since there is already a provision for termination for Material Breach as mentioned in clause 34.1, this provision should be deleted.



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Section No.

Clause No.


67. Organisation 2 Escrow

Source Code

Undertaking

Clause 35.15

Annexure B - XIV

Escrow The purchaser reserves the right to demand from IA to deposit the source code, object code and documentation pertaining to the development of MTS in an escrow account. We understand that all the material related to software products, including, but not limited to software license, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof (collectively, the “Products”) developed by Implementing Agency (IA) in connection with this agreement, shall be the sole property of IBM. Implementing Agency (IA) 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 IBM reserves the right to retain the full and exclusive ownership rights of the Customising Application Software and any other proprietary rights related to the Customise Software. All the source code and its related documents shall be property of IBM. The ownership of source code of all applications developed for IT systems shall be transferred to IBM. IBM shall have all rights on Software, Source Code and related documentation for its unlimited, unrestricted use within IBM at unlimited number of locations, machines, computers, gadgets etc. However, IBM shall not allow its use to any other agencies for commercial or non-commercial purposes. We submit that the following additional provision should be added in the contract: “Notwithstanding anything to the contrary contained elsewhere:



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Section No.

Clause No.


• Each party shall retain ownership of its pre-existing Intellectual Property Rights (“Pre-existing IPR”) and any improvements, up-gradations, enhancements, modifications and enhancements to and derivative works thereto; • Bidder shall retain ownership of all IPR in the deliverables, materials and reports developed by the Bidder during the course of the Agreement and remain therefore able to re-use any copyrightable or patentable elements of the deliverables, materials and reports in any of its future engagements. • IPR ownership in any third party products provided by Bidder, and all improvements, up-gradations, enhancements, modifications and enhancements to and derivative works from such third party products shall remain with the respective third party. Nothing in this Agreement transfer any ownership or title in or to any Bidder or third party IPR. • Purchaser 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. • Purchaser shall grant to the Bidder, at sole cost and expense of Bank, necessary rights and license to any intellectual property that is necessary for the Bidder and its designees to perform the services.”

68. Organisation 2 Applicable Law

Clause 35.17

35.17.2. Compliance with all applicable laws: 35.17.3. Compliance in obtaining approvals / permissions / licenses:

HP hereby submits that it will comply with the laws applicable to it in performance of services hereunder. Further, it is clarified that the requirements pertaining to obtaining approvals/permissions/licenses shall be limited to only those which are statutorily required to be obtained by HP in conducting its business as a service provider and those which are explicitly



34 | P a g e


Section No.

Clause No.


agreed in the contract to be obtained by HP. HP proposes the deletion of indemnity requirement.

69. Organisation 2 Limitation of Liability

Clause 35.21

Limitation of Liability (exclusion of indirect/consequential liability; loss of revenue/profits)

We submit that the following provision should be included in this clause: "In no event will either party be liable for any incidental, indirect, special, or consequential costs or damages; downtime costs; lost business, revenues, goodwill or profits; failure to realize expected savings; loss or unavailability of or damage to data; or software restoration, even if such party has been advised of the possibility of such damages."



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Section No.

Clause No.


70. Organisation 2 Acceptance testing

Clause 4.1.1.9

User Acceptance Testing We submit that the following provision on accpetance testing should be included in this clause: “All products (hardware and software) will be accepted on delivery. Vendor will provide notice to the Purchaser when the Deliverables are ready for acceptance. Acceptance of Deliverables will occur upon the date Vendor demonstrates to Purchaser, by the successful completion of acceptance tests that the Deliverables substantially conform to the acceptance criteria as agreed between Purchaser and Vendor and mentioned in the SOWs attached. Acceptance will not be delayed for any reason (s) other than non-conformance with the requirements specified in the terms of Contract and SOW. The acceptance test results will be declared by Purchaser within a maximum of 7 (seven) days from the completion of acceptance tests. In case the 7 (seven) days period after completion of acceptance tests has elapsed without the acceptance test results being declared, then the system or the portion thereof, subject to acceptance testing would be deemed accepted. If Purchaser fails to give Vendor written notice of non-conformance within the 7 (seven) day period or, prior to expiry of the 7 (seven) day period, uses the system or any part thereof supplied by Vendor for productive use (other than testing purposes), it will be deemed accepted. In the event that any Deliverable fails to confirm to the agreed acceptance criteria, Vendor will have a reasonable time to remedy such non-conformance by either repair or replacement of the Deliverable, following Vendor's receipt of written notice from Purchaser specifying in reasonable detail the nature of such non-conformance. The acceptance criteria or procedures for



36 | P a g e


Section No.

Clause No.


Deliverables set forth in this Agreement and as particularly described in any SOW will only apply to the services provided herein. It will not apply to any product the Vendor may supply or has supplied to BANK, regardless of whether such products can be used in connection with the services or Deliverables. Any refund/return or penalty rights as set forth hereon apply only to the services provided."


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Section No.

Clause No.


71. Organisation 2 Service Level

Agreement

Liquidated Damages

(LD)

Clause 4.2

SLA conditions a) Time is the essence of the Agreement and the delivery dates are binding on the IA In the event of delay or any gross negligence, for causes attributable to the Implementation Agency, in meeting the deliverables, the Purchaser shall be entitled at its option to recover from the IA as agreed, liquidated damages, a sum of 0.5% of the value of the deliverable which suffered delay or gross negligence for each completed week or part thereof subject to a limit of 5% of the relevant deliverable value. b) The Purchaser may without prejudice to its right to effect recovery by any other method, deduct the amount of liquidated damages from any money belonging to the IA in its hands (which includes the Purchaser’s right to claim such amount against the IA’s Bank Guarantee) or which may become due to the IA. Any such recovery or liquidated damages shall not in any way relieve the IA from any of its obligations to complete the Work or from any other obligations and liabilities under the Contract. c) Delay not attributable to the IA will be considered for exclusion for the purpose of computing liquidated damages. We request deletion of the clause



Agreement

Penalties

Clause 7

SLA conditions 7.3. Maximum Penalty applicable for any quarter should not exceed 30% of the ‘applicable fees’ for the respective quarter. 7.4. Two consecutive quarterly deductions of 30 % of the applicable fee on account of any reasons will be considered as an event of default and the Purchaser may consider the same as a ground for termination of the contract as per clause 34 of the RFP We request the maximum Penalty applicable for



38 | P a g e


Section No.

Clause No.


any quarter should not exceed 7.5% of the ‘applicable fees’ for the respective quarter.

73. Organisation 2 Annexure F – V : Pre contract Integrity

Pact

Clause 9 -

Facilitation of investigation


In case of any allegation of violation of any provisions of this Pact or payment of commission, the PURCHASER or its agencies shall be entitled to examine all the documents including the Book 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. We submit that the third party agencies/auditors will be independent and will not be competitors of the bidder. Third party agencies/auditors will execute standard confidentiality documents of the bidder prior to any audit. Bidder’s internal cost break-up will not be subject to any audit.

Appropriate government audit guidelines in such cases would be followed

74. Organisation 2 4.1.1.18.2 2 Bidder shall develop an appropriate policy, processes and procedures in line with the industry frameworks such as ITIL for failover and fall back to DR site in case of disaster.

Does IBM require the proposed DRM software should be capable of not only capturing reports pertaining to DR readiness and WAN utilization, it also should cover reporting for BCP readiness like BCP Testing, DR Readiness, application readiness, DR integrity etc.

Yes the proposed DRM software should provide details on DR readiness of all applications at DR


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Section No.

Clause No.


75. Organisation 2 4.1.1.18.2 3 Bidder shall perform a risk assessment and the business impact analysis for the DR. Bidder shall develop emergency response and operations plan and present it to the CMC.

Does IBM require the proposed solution to monitor real time, update automate the risk assessment, business impact analysis, people process & technology, crisis management, emergency notification system?

IBM requires that the proposed solution should monitor the DR preparedness

76. Organisation 2 4.1.1.18.2 5 Appropriate testing shall be done with time to see if the configurations and switchover is happening as planned.

Does IBM require the proposed solution to support concurrent / parallel application recovery workflows to be executed as part of switchover?

IBM requires that the proposed solution should switchover as per the RTO & RPO in the RFP.

77. Organisation 2 4.1.1.18.2 1 Bidder shall provide services for management of DR environment to maintain performance at optimum levels and as required in case of a disaster or drill.

Does IBM require the proposed solution to manage the DR environment and automate the DR drills?

IBM requires that the proposed solution should monitor the DR preparedness & report on DR drills

78. Organisation 2 4.1.1.18.2 3 Bidder shall manage the data synchronization processes in co-ordination with data centre site providers to ensure that data and application is updated at DR site.

Does IBM require the proposed solution to manage the data and application synchronization at DR site via automation?

Bidder to propose depending on DR strategy & RTO & RTO.

79. Organisation 2 4.1.1.18.2 4 Bidder shall ensure that configuration of equipment and application maintained at the DC site is replicated regularly at the DR site.

Does IBM require the proposed solution to manage the equipment and application replication at DR site via automation?

Bidder to propose depending on DR strategy & RTO & RTO.


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Section No.

Clause No.


80. Organisation 2 4.1.1.18.2 5 Mock drills and plan updates shall be carried out once in a year and report submitted to CMC.

Does IBM require DRM software to automate the monitoring as part of DR solution health, and also monitoring of the Production environment. Does IBM require the proposed DRM solution to automate switchover/switchback and failover of all the IT layers such as OS, DB, Application, Web, Middleware, Storage, Network & Replication to be monitored as part of DR solution health, and also should be capable of monitoring the Production environment as well.


81. Organisation 2 4.1.1.18.2 6 Bidder shall test, review and monitor the business continuity plan bi-annually for its effectiveness and provide test results to CMC.

Does IBM require the proposed solution to provide a unified dashboard to test, review and monitor the business continuity plan and perform


82. Organisation 2 4.1.1.17.3 Database

administration page

64

Use of DBA tools to perform database creation, maintenance, and database monitoring related tasks.

Does Database Automation refer to tools provided by OEM? Or it refers to a solution that can work across multiple vendor solution?

It refers to the process of maintaining & managing of database environment to maintain performance at optimum levels

83. Organisation 2 4.1.1.18.1 Data

center Operations through NIC cloud, page 65

Prepare a list of equipment, software and configuration installed in the datacenters and the same shall be approved by the CMC. Bidder shall maintain and modify the list in accordance to the modifications.

Does it refer to manual creation of the IT Asset List or Bidder is expected to procure and implement an automated Asset Inventory Solution?

Bidder may choose to do this activity manually by creation of the IT Asset List through spread sheets etc. or may propose an automated tool for this purpose


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Section No.

Clause No.


84. Organisation 2 4.1.1.19 AMC for

ICT infrastructure page

66

b) The bidder should track the Warranty and AMC for all the assets at the office locations and initiate procedure for renewal of the same at appropriate points in time.

Is this a manual activity or information and process will be defined in Service Management Platform

Through the EMS - Business Service Management

85. Organisation 2 4.1.1.21 Handholdi

ng and training page 66

Provide technical support to the State Departments teams to use the interfaces or entire modules

Can the bidder propose Adoption Readiness Training modules for solutions procured from OEM

Minimum requirements mentioned in the RFP. Bidder may propose additional requirements as per leading practices.

86. Organisation 2 4.1.1.4.10 page 44

a) Operations Manual providing instructions for installing the application/ software tools, troubleshooting, interpreting message logs, and FAQs (Frequently Asked Questions).

Message Log Interpretation is manual or Automated? Is it expected from bidder to procure Log Analytics Solution?

No, IBM is not looking for to procure Log Analytics Solution, for end users the message logs should be defined so that application users can interpreting message logs

87. Organisation 2 4.1.1.17.1 System

Administration page

63

e) Regular analysis of events and logs generated in all the sub systems including but not limited to servers, operating systems, databases, applications, messaging, etc. Bidder shall undertake actions in accordance with the results of the log analysis. The system administrators shall also ensure that the logs are backed up and truncated at regular intervals.

Log Analysis is manual or Automated? Is it expected from bidder to procure Log Analytics Solution?

No IBM is not looking to procure Log Analytics Solution. Logs should be retained so that it can be analysed.


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Section No.

Clause No.


88. Organisation 2 EMS Helpdesk

None Request department to consider following functionality of Helpdesk Solution should allow for a Smart Ticket feature to quickly submit a Service Desk ticket by just entering a description or attaching a screenshot. Solution should intelligently populate other fields such as category or affected services by extracting and analyzing the content that you entered in the ticket

Minimum Specifications for helpdesk is already provided in the RFP


None Request department to consider following functionality of Helpdesk Helpdesk should provide a Hot Topic Analytics feature and should intelligently display an interactive diagram indicating the hot topics among recent incidents so that users can easily discover incident trends and their relative impacts, and identify problem candidates.

Minimum Specifications for helpdesk is already provided in the RFP

90. Organisation 2 4.1.1.4.4 page#44

None Request department to consider the industry standard and certified test automation tool for functional testing. This will help for better quality software for end user use.

Minimum Specifications are provided in the RFP


None Request department to consider industry certified performance testing tool to ensure the application stability. The automation tool should provide detailed report including the server, client, and end to end transaction report.

Minimum Specifications are provided in the RFP

92. Organisation 3 Detailed scope of

work

4.1.1.2 Assessment of GIS Inventory availability

The assessment of GIS inventory availability is applicable for IBM GIS systems or it is also applicable for all state DMG GIS system as well. Please confirm.


93. Organisation 3 Scope of work

GIS Data Digitization Work Is there any GIS data digitization requirement in this work scope? If yes, please provide the details of GIS data digitization viz - volume of data digitization - data accuracy, - timeline of the work, - locations of GIS data digitization, etc.

Yes. GIS data digitization is required as a part of scope of work. Bidders are requested to visit Clause No. 4.1.1.14 (i) of RFP: Digitization, migration, cleansing and enriching of data from legacy systems. All such activities will be carried out in the premise


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Section No.

Clause No.


of IBM, Nagpur. The timelines would be proposed by bidder in their response and final timelines would be agreed during the time of project implementation. However, it suggested that bidder should initiate these activities parallely at the time of MTS application development


GIS Data migration work Is there any GIS data migration requirement in this work scope? If yes, please provide the details of GIS data migration viz - volume of data migration - data accuracy, - timeline of the work, etc.



GIS Data cleansing Work Is there any GIS data cleansing requirement in this work scope. If yes, please provide the details of GIS data cleansing viz - volume of data cleansing - data accuracy, - timeline of the work, etc.


96. Organisation 3 General GIS data Survey Scope Is there any GIS data surveying requirement in this work scope. If yes, please provide the details of GIS data surveying viz - type of survey, - survey area, - data accuracy, etc.

No

97. Organisation 3 General GIS data procurement Please confirm that the GIS data(satellite image, other maps) procurement is out of the scope

GIS data procurement is not in the scope of SI. All the GIS data will be provided to the SI, and will be facilitated by IBM


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Section No.

Clause No.


98. Organisation 3 General Existing GIS system Please provide the details of existing GIS system of IBM, State DMGs viz - volume of GIS data, - GIS system environment, - volume of users, - integration requirement of existing system with proposed system, - technology / platform used, etc.

DGPS survey data will be provided in GIS ready format to the SI. The SI is not required to procure any additional GIS data for this project.SI may be required to perform activities related to data digitization, development and organization, to make the available data 'ready for application'. The rates relating to these activities have been asked as a separate item in the financial bid. Existing and available Basemap services and data will be facilitated by Purchaser. IA to provision for utilization of external services. Purchaser will facilitate DGPS survey data. Application should have provision for upload and integration of this data. IA should assess inventory data to identify requisite details for integration, design and develop SOPs for the same.

99. Organisation 3 General Annexure A -

III, Serial

No: 14

Eligibility Criteria It is mentioned that lead bidder should handled at one project with atleast 10 map layers and having 50000 entities. Could you please remove 50000 entities from the eligibility. As the entities will not plays a role in GIS system capabilities, solutioning, architecturing and other important features of any GIS system.

Please refer corrigendum


GIS Mobile application scope? - Native Mobile Application

Is there any Mobile GIS application development in the current scope of work? If yes, - what is the type of mobile application - native mobile application or mobile web application. - And also confirm on mobile GIS data offline / online editing capability requirement. - What is the mobile user volume

GIS mobile application is out of scope. However, the bidder should provide end users with a compatible native mobile application for the following indicative scenarios for leading mobile platforms like android, iOS, windows, etc.: o Concession processing status o Return submission status o Royalty, DMF and NMET payment, and status o Notices o Revision application status o Inspection reports o Dashboards and MIS reports


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Section No.

Clause No.



3 Geographical spread Please confirm, the work scope is limited to 12 listed States only or all the states of India.

Refer page no 40 (Annexure-AII, Clause 3)

102. Organisation 3 Development of MTS

Portal

4.1.1.8 multi-lingual feature The multi-lingual support on map label, map tips, etc. is out-of-scope. Please confirm

Data entry to be in English. For State modules, English and Hindi support required for portal content and labels

103. Organisation 3 General GIS system capabilities Does the proposed GIS system requires below capabilities - Image Processing of satellite - 3D GIS Data Analysis - Spatial Analysis - Network Analysis - Data Interoperability If yes, please provide the details like - number of desktop users requires above capabilities - number of web users requires above capabilities - number of desktop and web users of MTS, state DMG, other users, etc.

The bidder is expected to undertake all such activities mentioned in the RFP document. These activities will be carried in the premise of IBM, Nagpur.

104. Organisation 3 General Total GIS users volume and concurrent users volume

What is the total GIS users volume and concurrent users volume viz total internal GIS users, external GIS users, other agency GIS users, etc.

Refer Annexure A-VII: Current IT System: clause 2. User Estimations Currently it is envisaged that there may be around 500 external concurrent users

105. Organisation 3 General GIS integration with Modules

What are the all modules which requires GIS integration – like Registration, Concession submission, etc.

Please Refer Annexure A - VI: Indicative Technology Solution: 2 MTS modules

106. Organisation 3 General Web GIS data editing Please confirm on web GIS editing capability requirement of proposed MTS system and its volume of users

This functionality is not required


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Section No.

Clause No.


107. Organisation 3 General GIS data management What is the total volume of GIS data to be managed / administrated, types of GIS data, raster data volume, data formats, etc.

IBM will facilitate receipt of all GIS related data to Bidder from respective stakeholders as mentioned in page No. 95 of RFP. The bidder is expected to undertake all such activities mentioned under clause 4.1.1.14 (i) Digitization, migration, cleansing and enriching of data from legacy systems. These activities will be carried in the premise of IBM, Nagpur. These activities will be performed by bidder's resources which would be procured at unit rates as quoted by the bidder in their proposal.

108. Organisation 3 Architecture Design

3.4 Backward integration with OCBIS system of GSI

Please confirm that the full implementation of OCBIS system will be done before proposed system development, because integration of proposed system has high dependability on OCBIS system implementation.

Implementation of MTS is not dependent on fully functional OCBIS system. The bidder should provision suitable integration requirements in the MTS with systems like OCBIS.


3.4 Backward integration with OCBIS system of GSI

Is OCBIS system having built-in capability to share the data?

Data will be shared in OGC compliant format and will be coordinated by the Purchaser. The bidder may also refer the data sharing policy of GSI which is available in the GSI portal.

110. Organisation 3 GIS System

3.4 DGPS survey Please provide the details of DGPS survey viz DGPS survey area, number of mines, accuracy required, mine locations, timelines for the completion of work, etc.

Refer IBM guidelines 2/10 as mentioned in RFP

111. Organisation 3 GIS System

3.4 Integration of agency map layers

Does map layer integration includes: - GIS data QA and QC work - Topology error correction - Geometric error correction - radiometric error correction, etc.

No clarification required


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Section No.

Clause No.


112. Organisation 3 Annexure A

X Bill of materials Is high availability, failover, DR required for GIS server.

The bidder is required to propose the design.


X Bill of materials What is the GIS desktop user volume? Refer Annexure A-VII: Current IT System: clause 2. User Estimations


X Bill of materials Does bidder requires to provide GIS environment to 12 state DMG viz GIS desktop software, AMC for the GIS software, GIS data editing capability, etc.

Bidder needs to provision for GIS functionalities for all the users as stated on page 97 of the RFP

115. Organisation 3 Detailed scope of

work

4.1.1.2 Assessment of GIS Inventory availability - Web Map Services

Please confirm, all the web map services are OGC compliance

Yes map services will be OGC compliant


III, Serial No: 4

Eligibility Criteria Bidder has to showcase 3 similar projects and there are 4 options given for the references. However, only Point no 3 &4 is asking for Domain Knowledge. Is the Domain Knowledge not required for Point no 1 &2



III, Serial No: 4

Eligibility Criteria Can you please define on the word "Domain Knowledge" mentioned in the Eligibility Criteria

Domain knowledge means the experience gained in the past through working on engagements of similar nature.

118. Organisation 4 Annexure A - III:

Eligibility Criteria

Para-12

Pg. 74

Eligibility Criteria The Lead Bidder or consortium member should have completed or in the process of completing at least three similar* GIS software projects in the past five years as on 30.06.2015 with: 1) at least one project worth INR 5 crores. OR 2) at least two projects worth INR 2.5 crores each.



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Request for the amend the clause. 1) at least one project worth INR 4 crores. OR 2) at least two projects with cumulative worth of INR 5 crores

119. Organisation 4 Software Technical Specificati

on

DMS Pg: 3-

10

DMS Software Specification

Is purchaser looking for COTS product or customizable/configurable solution is also acceptable.

Please refer Clause 4.1.1.6.6 Page 47

120. Organisation 4 Functional RequirementSpecifica

tion

FRS.GIS.015

Pg:18

GIS The MTS solution without GIS application developed for the initial phases should be capable of functioning independently. The bidder should be required to establish a workaround for the functionality during the initial phases. The bidder will be required to integrate the GIS solution with the MTS solution at that stage. How the concession area scrutiny would be done initially without GIS. AND At what stage MTS would be required to be integrated with GIS solution.

In case GIS application is not implemented before Go-live, the concession area scrutiny would be done in an offline mode. The stages at which MTS solution would be required to be integrated are mentioned in table provide under clause 4.1.1.6.1. It is suggested that bidder should parallelly start the GIS integration along with activities mentioned under Phase A of RFP.


Para-3, Pg: 83 of RFP

Also different State Mining Departments have developed their own mining systems, so it is envisaged that web services or EDI systems are to be developed to facilitate exchange of information between the GSI, State Departments and IBM.

Who would be responsible for creating web services for integrating existing systems with MTS.

It is the bidder's responsibility to develop all such adaptors/ platforms/ APIs to integrate existing systems


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Para-3, Pg: 84 of RFP

Network Infrastructure Diagram (Communication Channels)

Payment Gateway is missing under communication channels. Will purchaser make the necessary provisions for payment gateway and SMS gateway to perform various transactions?

Please refer page 87 of the RFP, section payment gateway. Also, please refer page 50 of the RFP, Email and SMS Solution.


3.4 (b) Interfa

ce / Adapte

rs Pg: 93

Data exchange interface: It is envisaged that the Ministry of Mines, IBM and State DMGs systems should be able to exchange data with other Government systems.

What is the IT readiness of other concerned Govt. Departments like MoEF, PCB, Forest, Land Records, DGCI&S, Railways for data exchange? What would be the mode of data exchange if other departments have IT system in place?

The bidder is required to design the MTS system to be able to exchange data with these external systems, subject to its availability, using common data exchange mechanisms as stated in the RFP. Readiness of third party agencies' system would not impact the acceptance of the system.


3.4 (d) Interfa

ce / Adapte

rs Pg: 93

Help desk interface: One of the interaction points with Mining department would be call centre

Please specify the operational timing of call centre and number of shifts if it has to run for more than 8 hours per day.

Refer clause 4.1.1.20 helpdesk support


3.4 (f) Interfa

ce / Adapte

rs Pg: 94

Backward integration with OCBIS system of GSI: Geological Survey of India (GSI) is in the stage of implementation of Online Core Business Integrated System (OCBIS). MTS system should be able to receive following information from OCBIS system.

Data received from OCBIS system is of departmental use only OR would be put in public domain?

As per GSI policy, data will made available to registered user of MTS


3.4 (g) Interfa

ce / Adapte

rs Pg: 94

GIS System: GIS Software Application

Will GIS software application be used for change detection also?

No. GIS software application would not be used for change detection


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127. Organisation 4 Annexure G - I:

Payment

Project Milesto

ne Pg: 197

Acceptance of System – Solution go-live (M6): 10% of FC

Request purchaser to make it at-least 20% of FC. RFP conditions shall prevail

128. Organisation 4 Annexure G - I:

Payment

System Stabilization

Pg: 197

End of second quarter post completion of M6: 5% of FC

Request purchaser to make it 10% of FC. RFP conditions shall prevail



Para-12

Pg. 74

The Lead Bidder or consortium member should have completed or in the process of completing at least three similar* GIS software projects in the past five years as on 31.03.2015 with: 1) at least one project worth INR 5 crores. OR 2) at least two projects worth INR 2.5 crores each.

Request for correction in the number of GIS projects asked. Initial statement asks for 3 projects wherein later statement asks for 2 projects. Kindly make it atleast 2 projects.



on

CMS Pg: 14-

28

CMS Software Specification

Is purchaser looking for COTS product or customizable/configurable solution is also acceptable to purchaser.



on

IAM Pg: 29-

35

IAM Software Specification

Is purchaser looking for COTS product or customizable/configurable solution is also acceptable to purchaser.



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Definitions

Performance Guarantee or Contract Performance Guarantee means the guarantee provided by a Nationalized Bank in favour of the Purchaser. The amount of Performance Security shall be 10% of the overall cost of the project. This performance security shall be valid till six months after the completion of the project or for such time as is required under this Agreement

As per other provisions of the tender, Performance Guarantee or Contract Performance Guarantee should be valid till 60 days after completion of the project.



Clause 5.3

In case of the successful BIDDER a clause would also be incorporated in the Article pertaining to Contract Performance Security in the Service Contract that the provisions of Sanctions for Violations shall be applicable for forfeiture of Contract Performance Security in case of a decision by the PURCHASER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

The Contract Performance Security will be forfeited in case of material breach and IA will be provided adequate cure period for the remedy of defect before the forfeiture.



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Clause No.



Clause 11.4





Clause 11.7





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Clause No.



Clause 11.6

The Financial Bid should clearly indicate the price to be charged without any qualifications whatsoever and should include all taxes, duties, fees, levies, works contract tax and other charges as may be applicable in relation to the activities proposed to be carried out. It is mandatory that such charges wherever applicable/payable should be indicated separately in Annexure C-II: Break-up of Cost Components. However, should there be an increase in the government taxes or any new taxes were to become applicable; the same would be paid to the bidder. Similarly any benefits arising due to reduction of the tax rates or any existing taxes becoming non-applicable should be passed on to Purchaser.

Please clarify that the clause also covers the introduction of new taxes.

Please refer response to Query no. 32


Clause 31.3

Payments shall be subject to deductions of any amount for which the IA is liable under the empanelment or RFP conditions. Further, all payments shall be made

Please confirm that IBM will release appropriate tax deduction certificate.



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Clause No.


subject to deduction of TDS (Tax deduction at Source) as per the Income-Tax Act and / or any other statutory provisions.


Clause 34.5


IA should be paid for successful delivery of products and services through the termination.



Clause 34.5


What will be remedy available with IA if it termination due to non-payment of purchaser? Will the termination fees be the same as per clause 34.6?



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Clause No.



Clause 35.14.2

If the IA, in either of the above circumstances, does not take remedial steps within a period of 30 days after receipt of the default notice from Purchaser (or takes longer period in-spite of what Purchaser may authorize in writing), Purchaser may terminate the contract / work order in whole or in part. In addition to above, Purchaser may at its discretion, procure upon such terms and in such manner, as it deems appropriate, goods/ services similar to the undelivered items/products and the defaulting IA shall be liable to compensate Purchaser for any extra expenditure involved towards goods and services to complete the scope of work in totality or 10% of the work order as cancellation charges whichever is higher

Defaulting IA shall be liable to compensate Purchaser for any extra expenditure involved towards goods and services to the extent of 10% of the work order as cancellation charges. Also there should be a competitive bidding process for the selection of new IA.



Maximum Penalty applicable for any quarter should not exceed 30% of the ‘applicable fees’ for the respective quarter.

Maximum Penalty applicable for any quarter should not exceed 7.5% of the ‘applicable fees’ for the respective quarter.



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Clause No.



Two consecutive quarterly deductions of 30 % of the applicable fee on account of any reasons will be considered as an event of default and the Purchaser may consider the same as a ground for termination of the contract as per clause 34 of the RFP.

Request deletion of this clause as severe penalty is considered to be material breach hence this clause is not relevant/required as risk of non-performance is taken care their.



Clause 7

The BIDDER undertakes that it has not supplied/offered / is not supplying/offering similar solutions at a price lower than that offered in the present bid in respect of any other Ministry / department of the Government of India or PSU and if it is found at any stage that similar solutions were supplied by the BIDDER to any other Ministry / department of the Government of India or PSU at a lower price, then that very price, with due allowance for the elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the PURCHASER, if the

We submit that this provision should be deleted Please refer response to Query No. 39 and 45


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contract has already been concluded

144. Organisation 5 Payment Annexure G - I

The purchaser will release 80% of total invoice value upfront for hardware supply, installation and commissioning after submission of hardware commissioning report. The hardware should be procured by the bidder adhering to the timelines stated for each milestone. The remaining 20% payment towards invoice value will be paid after satisfactory acceptance and scrutiny by the purchaser after solution go-live.

The clause needs to be deleted as payment is generally linked with TCV and linking this to hardware value will not have merit. Payment of 100% should be released on supply of hardware.


145. Organisation 5 Payment Point 4 The total payment made to the Implementing Agency against the invoices of hardware supply, installation and

The clause needs to be deleted as this is system integration work and IA is responsible for the sizing etc. as per other clause in the RFP and abide by SLA and Liquidated Damages. Hence payment are for 'milestones' and not for the separate deliverables.



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Clause No.


commissioning will not exceed the payment percentage specified against each milestone.


NA New IA should be paid for Exit management charges. Please refer response to Query No. 42


NA New Payment should be made within 30 days from date of invoice.


148. Organisation 5 Definitions Clause 13

Deliverables (source code and all its modifications)

We submit that the deliverables will be provided in object code only; no source code will be provided by the Bidder.



Bidders

Integrity Pact

Clause 3.1

Clause

7

Integrity Pact Fall Clause 7.1. The BIDDER undertakes that it has not supplied/offered / is not supplying/offering similar solutions at a price lower than that offered in the present bid in respect of any other Ministry / department of the Government of India or PSU and if it is found at any stage that similar solutions were supplied by the BIDDER to any other Ministry / department of the Government of India or PSU at a lower price, then that very price, with due allowance for the elapsed time, will be applicable to the present case and the

We submit that this clause be modified as follows: "The BIDDER undertakes that it has not supplied / is not supplying same/identical solutions, having same scope of work, quantity, specifications, schedule for delivery, payment terms and all other applicable terms and conditions, at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU during the period of three months immediately prior to the date of submission of this proposal, and if it is found any stage of bidding process that identical/same solutions having same scope of work, quantity, specifications, schedule for delivery, payment terms and all other applicable terms and conditions was supplied by the BIDDER to any other Ministry / Department of Government of India or a PSU (prior to the bid submission) 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 adjusted by the BIDDER to the Purchaser at the contracting stage."

Please refer response to Query No. 39 and 45


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Clause No.


difference in the cost would be refunded by the BIDDER to the PURCHASER, if the contract has already been concluded.


Bidders

Suspension of Work

Effects of terminatio

n

General Conditions

Clause 3.2

Clause

28

Clause 34.3

Clause 35.5

Contract performance security 28.2. If the IA is not able to comply with the contractual obligations completely within the specified period, the EMD/Bank Guarantee for Contract Performance will be forfeited in full. Besides legal action shall be taken separately. In the event that Purchaser terminates the Agreement pursuant to failure on the part of the IA to comply with the conditions as contained in this Clause and depending on the event of default, EMD / Performance Guarantee furnished by IA may be forfeited. 35.5. In case the selected bidder is found in-breach of any condition(s) of RFP or supply order, at any stage during the course of

We propose that there should be provision for adequate time period (cure period) of atleast 30 days to the bidder to rectify/cure the breach. The performance guarantee/EMD should be evoked only in case of material breach of the contract which is solely attributable to the bidder and the bidder fails to rectify the breach within the cure period. Invoking performance bank guarantee/EMD shall be exclusive right available to bank in case of bidder's material breach of contract.



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Clause No.


supply/ installation/commissioning or warranty period, the legal action as per rules/laws, shall be initiated against the bidder and EMD/Bank Guarantee for Contract Performance Security shall be forfeited.

151. Organisation 5 Prices Clause 11.4

The Bidder shall prepare the bid based on details provided in the RFP documents. It must be clearly understood that the requirements are intended to give the Bidders an idea about the order and magnitude of the work and are not in any way exhaustive and guaranteed by Purchaser. Bidder shall carry out the design of the solution and sizing of the infrastructure needed in accordance with the requirements of the Purchaser. If during detailed planning any upward revisions of the specifications given in the Bid Document are to be made to meet the requirement of bid documents; all such changes shall be carried out within the contract

We submit that bidder will submit a price for any upward revisions in the specifications. Bidder and IBM will mutually agree to a price for the upward revision in the specifications.



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Clause No.


price without any impact to Purchaser.

152. Organisation 5 Selection Process

Clause 16.5

Sub-contracting not to be allowed for core project activities. However for non-core activities like civil and electrical work (related to site preparation), digitization and handholding may be allowed with prior approval of the Purchaser. Failure to do so shall result in termination of contract and forfeiture of Bank Guarantee for Contract Performance and/ or EMD.

We submit that sub-contracting be allowed with prior permission of IBM



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153. Organisation 5 Signing of Contract

Clause 18.3

In case of exigency attributable to IA’s default, if Purchaser gets the work done from elsewhere, the difference in the cost of getting the work done will be borne by the successful Bidder.

We submit that the Purchaser’s right to get the work done from elsewhere and requiring the sucessful Bidder to bear the difference in the cost of getting the work done should be applicable only: (i) after expiry of the cure period of 30 days provided to the Bidder and failure remains uncured even after such cure period; (ii) for procuring same services and limited to 10% of the value of the affected/undelivered services; (iii) the vendor stepping in be selected via a tendering process.


154. Organisation 5 Transition Managem

ent

Clause 20

20.1. Post the contract period, the IA is expected to provide a smooth handover of all the knowledge material and assets to Purchaser. 20.2. The IA will be required to handover the following indicative list: (a) Source Code and executable files)

Please clarify if the source code will be owned by IA or IBM


155. Organisation 5 Purchaser’s Right of Monitorin

g, Inspection

and Periodic

Audit

Clause 21.3

Purchaser shall also have the right to conduct, either itself or through another IA as it may deem fit, an audit to monitor the performance by the IA of its obligations/functions in accordance with the standards committed to or required by Purchaser and the IA undertakes to cooperate with and provide to Purchaser/ any other IA appointed by Purchaser, all documents

We request that the third party auditors should be independent and not be competitors of the IA. Third party auditors should execute standard confidentiality documents of the IA prior to any audit. IA’s internal cost break-up will not be subject to any audit. Further, it is proposed that any changes required post such audit will be mutually discussed and agreed between the IA and the Purchaser as per the change management process.



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Clause No.


and other details as may be required by them for this purpose. Any deviations or contravention identified as a result of such audit/assessment would need to be rectified by the IA failing which Purchaser may, without prejudice to any other rights that it may have issue a notice of default.


Rights

Clause 21.4.1

Clause 21.4.2

Purchaser shall own and have exclusive right in perpetuity to use all Intellectual Property Rights which have arisen out of or in connection with the implementation of this Contract, including all processes, products, software, specifications, reports, drawings and other documents which have been developed by the IA during the performance of Services and for the purposes of inter-alia use or sub-license of such Services under this Contract. The IA undertakes to disclose all Intellectual Property Rights arising out of or in connection with the

Please clarify what Intellectual Property rights pertaining to the solution will have to be transferred to IBM



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Clause No.


performance of the Services to Purchaser and execute all such agreements/documents and file all relevant applications, effect transfers and obtain all permits and approvals that may be necessary in this regard to effectively transfer and conserve the Intellectual Property Rights of Purchaser. If Purchaser desires, further, the IA shall be obliged to ensure that all approvals, registrations, licenses, permits and rights which are inter-alia necessary for use of the infrastructure installed by the IA, the same shall be acquired in the name of Purchaser, prior to termination of this Contract and which shall be assigned by Purchaser to the IA for the purpose of execution of any of its obligations under the terms of this RFP. However, subsequent to the term of this Contract, such approvals etc. shall endure to the exclusive benefit of Purchaser.


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Rights

Clause 21.4.3

The IA shall ensure that while it uses any software, hardware, processes or material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the IA shall keep Purchaser indemnified against all costs, expenses and liabilities howsoever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the IA during the course of performance of the Services.

Please elaborate this point Please refer response to Query No. 53


Rights

Clause 21.6

Bespoke development Subject to the provisions of Clause 21.7 and 21.8 below, upon payment, the IPR for any bespoke development done during the implementation of the project will lie with the Purchaser. Implementation Agency shall be entitled to a broad license back in the

Please elaborate this point Please refer response to Query No. 54


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bespoke development for its internal usage and other e-governance projects.

159. Organisation 5 Residuals Clause 21.8

IA shall be precluded from independently developing for itself, or for others, anything, whether intangible or non-tangible form, which is competitive with, or similar to, the deliverables set-out in this RFP

We submit that this restriction should be removed. Please refer response to Query No. 55

160. Organisation 5 i Clause 25

Clause 25.5. The IA shall be liable to fully recompense Purchaser for any loss of revenue arising from breach of confidentiality. Purchaser reserves the right to adopt legal proceedings, civil or criminal, against the IA in relation to a dispute arising out of breach of obligation by the IA under this clause.

We submit that the provisions mentioned herein requiring IA to "recompense Purchaser for any loss of revenue" should be deleted. We suggest that: i) each party should be responsible to the other for the breach committed by it; and ii) the compensation on account of breach of confidentiality obligations should be limited to proven damages (excluding any loss of profits/revenue), suffered by the non-defaulting party, as decided by a court of competent jurisdiction.



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161. Organisation 5 Change /Alteration/Variation in Work Order

Clause 26

26.1. Notwithstanding with anything contained in Clause 3.5 under Annexure E-I: Service Level Agreements, IA agrees that the MTS requirements given in functional requirements specifications of the RFP in Annexure I-1 are minimum requirements and are in no way exhaustive and guaranteed by Purchaser. It shall be the responsibility of the IA to meet all the requirements of design criteria and specifications contained in the RFP as well as due to amendment of MMDRA and Rules framed thereunder and any upward revisions and/or additions of quantities, specifications, sizes given in specifications etc. of the RFP required to be made during commissioning of MTS shall not constitute a change order and shall be carried out without a change order as well as without any time and cost effect to Purchaser.

We submit that any upward revisions in specifictions, additions of quantities, sizes given in specifications required due to any change / ammendment will be priced separately and mutually agreed between IA & IBM



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Clause No.


Any upward revision and/or additions consequent to errors, omissions, ambiguities, discrepancies in the specification of the RFP which the IA had not brought out to Purchaser’s notice in his Bid shall not constitute a change order and such upward revisions and/or addition shall be carried out by IA without any time and cost effect to Purchaser.

162. Organisation 5 Change of expected volumes

and manpower

Clause 27

27.1. Purchaser will have the option to increase or decrease the size of the dedicated and exclusive resources deployed, at any time during the contract period. 27.6. The IA shall not be entitled to any claim by way of change of price, damages, losses, etc. However, the IA shall be compensated at actual for any cancellation charges

IA will be paid the claim by way of change of prices, damages, losses and will be mutually agreed between IA & IBM



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Clause No.


provided the claim is duly supported by documentary evidence of having incurred cancellation charges, which results from Purchaser’s action in reducing/canceling Scope of work.

163. Organisation 5 Suspension of Work

Clause 28

28.1. The IA shall, if ordered in writing by Purchaser’s Representative, temporarily suspend the works or any part thereof for such a period and such a time as ordered. The IA shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Works as aforesaid. An extension of time for completion, corresponding with the delay caused by any such suspension of the works as aforesaid shall be granted to the IA, if request for same is made and that the suspension was not consequent to any default or failure on the part of the IA. In case the suspension of works,

We submit that if suspension is due to any other reason apart from default by IA, the IA shall be eligible to claim loss suffered/costs incurred due to such suspension. We also submit that the IA should be provided with adequate prior notice before any suspension of the works or part thereof, and the project timelines should be extended in case of any suspension of the works.



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is not consequent to any default or failure on the part of the IA, and lasts for a period of more than 2 months, the IA shall have the option to request Purchaser to terminate the Contract with mutual consent. 28.2. If the IA is not able to comply with the contractual obligations completely within the specified period, the EMD/Bank Guarantee for Contract Performance will be forfeited in full. Besides legal action shall be taken separately.

164. Organisation 5 Penalty Calculation Process

Clause 29

Any unjustified and unacceptable delay beyond the delivery, installation and commissioning schedule as per contract will render the IA liable for penalty at the rate as mentioned in the “Annexure E-I: Service Level Agreement”.

Please clarify unjustified and unaccetable delay Please refer response to Query No. 60

165. Organisation 5 Payment Process

Clause 31

Payment Process Please refer the tab payment schedule in the sheet Please refer response to Query No. 61


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Clause No.


166. HP Onsite Warranty

Maintenance

Clause 32

32.1. The warranty period for the systems shall be taken into account from the date of completion of supply of products, its successful installation/commissioning and acceptance by Purchaser, including free spare parts, kits or accessories. Failure to provide satisfactory warranty service/support shall attract penalties.

We submit that the warranty as provided by the applicable OEM/vendor will be passed onto the Purchaser on "As is" basis. We will provide the support & maintenance services in accordance with the terms as agreed with the Purchaser.


167. Organisation 5 Effect of terminatio

n

Clause 34.5

Effect of Termination 34.5. Purchaser is not liable to pay the IA any of the following in the event of termination of work by the IA, without the consent of the Purchaser: i) any charge for Services IA provided and any Deliverables and/or system (or part thereof) IA delivered prior to termination, AND ii) any reimbursable expenses IA incurred prior to or during termination We submit that upon any termination of the contract, the Purchaser should pay the IA for all the Services/Deliverables provided by the IA prior to termination of the contract, and such reimbursable expenses incurred by IA prior to or during termination.



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Clause No.


168. Organisation 5 Indemnity Clause 35.9

The selected bidder shall indemnify the Purchaser/User department against all third party claims of infringement of patent, trademark/copyright or industrial design rights arising from the use of the supplied software/ hardware/manpower etc. and related services or any part thereof. Purchaser/User department stand indemnified from any claims that the hired manpower may opt to have by virtue of working on the project. Purchaser/User department also stand indemnified from any compensation arising out of accidental loss of life or injury sustained by the hired manpower while working on the project. We are willing to defend or settle any third party claims alleging that the HP Branded products/services being provided by us infringe any third party IPR. The standard IPR infringement indemnity that is offered by third party branded OEM manufacturers and licensors will be directly available to the Purchaser. We submit that the following exclusions should be included in the contract: “Exclusions: Bidder has no obligation for any claim of infringement to the extent arising from: (i) any third party materials; (ii) Bidder’s compliance with or use of Purchaser’s information, technology, designs, specifications or instructions, including those incorporated into any Statement of Work or deliverable; (iii) modification of the deliverables by Purchaser or a third party; (iv) use of the deliverables in a way not indicated in the Statement of Work or in any specifications or documentation provided with such deliverable; or (v) use of the deliverables with products not supplied by Bidder. Remedies: In the event that an infringement claim regarding any deliverables appears likely, Bidder



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Clause No.


may at its sole discretion, and as Purchaser’s sole and exclusive remedy, either: 1. obtain for Purchaser the right to use the infringing deliverables; or 2. modify the infringing deliverables so that it is no longer infringing; or 3. obtain and substitute a functionally similar deliverables that are not infringing. Sole and Exclusive Remedy. This section states Bidder’s entire liability for claims of intellectual property infringement related to deliverables.”

169. Organisation 5 Liquidated Damages

Clause 35.13

Liquidated Damages (LD) will be as per Annexure E-I: Service Level Agreements.

Liquidated damages will be mutually discussed and agreed between IA & IBM



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Clause No.


170. Organisation 5 Definition for default

Clause 35.14

If the IA, in either of the above circumstances, does not take remedial steps within a period of 30 days after receipt of the default notice from Purchaser (or takes longer period in-spite of what Purchaser may authorize in writing), Purchaser may terminate the contract / work order in whole or in part. In addition to above, Purchaser may at its discretion, procure upon such terms and in such manner, as it deems appropriate, goods/ services similar to the undelivered items/products and the defaulting IA shall be liable to compensate Purchaser for any extra expenditure involved towards goods and services to complete the scope of work in totality or 10% of the work order as cancellation charges whichever is higher.

We submit that since there is already a provision for termination for Material Breach as mentioned in clause 34.1, this provision should be deleted.

Refer Query No. 66


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Clause No.


171. Organisation 5 Escrow

Source Code

Undertaking

Clause 35.15

Annexure B - XIV

The purchaser reserves the right to demand from IA to deposit the source code, object code and documentation pertaining to the development of MTS in an escrow account. We understand that all the material related to software products, including, but not limited to software license, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof (collectively, the “Products”) developed by Implementing Agency (IA) in connection with this agreement, shall be the sole property of IBM. Implementing Agency (IA) 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

We submit that the following additional provision should be added in the contract: “Notwithstanding anything to the contrary contained elsewhere: • Each party shall retain ownership of its pre-existing Intellectual Property Rights (“Pre-existing IPR”) and any improvements, up-gradations, enhancements, modifications and enhancements to and derivative works thereto; • Bidder shall retain ownership of all IPR in the deliverables, materials and reports developed by the Bidder during the course of the Agreement and remain therefore able to re-use any copyrightable or patentable elements of the deliverables, materials and reports in any of its future engagements. • IPR ownership in any third party products provided by Bidder, and all improvements, up-gradations, enhancements, modifications and enhancements to and derivative works from such third party products shall remain with the respective third party. Nothing in this Agreement transfer any ownership or title in or to any Bidder or third party IPR. • Purchaser 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. • Purchaser shall grant to the Bidder, at sole cost and expense of Bank, necessary rights and license to any intellectual property that is necessary for the Bidder and its designees to perform the services.”



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Section No.

Clause No.


process. We understand IBM reserves the right to retain the full and exclusive ownership rights of the Customising Application Software and any other proprietary rights related to the Customise Software. All the source code and its related documents shall be property of IBM. The ownership of source code of all applications developed for IT systems shall be transferred to IBM. IBM shall have all rights on Software, Source Code and related documentation for its unlimited, unrestricted use within IBM at unlimited number of locations, machines, computers, gadgets etc. However, IBM shall not allow its use to any other agencies for commercial or non-commercial purposes.


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Clause No.


172. Organisation 5 Applicable Law

Clause 35.17

35.17.2. Compliance with all applicable laws: 35.17.3. Compliance in obtaining approvals / permissions / licenses:

HP hereby submits that it will comply with the laws applicable to it in performance of services hereunder. Further, it is clarified that the requirements pertaining to obtaining approvals/permissions/licenses shall be limited to only those which are statutorily required to be obtained by HP in conducting its business as a service provider and those which are explicitly agreed in the contract to be obtained by HP. HP proposes the deletion of indemnity requirement.


173. Organisation 5 Limitation of Liability

Clause 35.21

Limitation of Liability (exclusion of indirect/consequential liability; loss of revenue/profits)

We submit that the following provision should be included in this clause: "In no event will either party be liable for any incidental, indirect, special, or consequential costs or damages; downtime costs; lost business, revenues, goodwill or profits; failure to realize expected savings; loss or unavailability of or damage to data; or software restoration, even if such party has been advised of the possibility of such damages."



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Clause No.


174. Organisation 5 Acceptance testing

Clause 4.1.1.9

User Acceptance Testing We submit that the following provision on acceptance testing should be included in this clause: “All products (hardware and software) will be accepted on delivery. Vendor will provide notice to the Purchaser when the Deliverables are ready for acceptance. Acceptance of Deliverables will occur upon the date Vendor demonstrates to Purchaser, by the successful completion of acceptance tests that the Deliverables substantially conform to the acceptance criteria as agreed between Purchaser and Vendor and mentioned in the SOWs attached. Acceptance will not be delayed for any reason (s) other than non-conformance with the requirements specified in the terms of Contract and SOW. The acceptance test results will be declared by Purchaser within a maximum of 7 (seven) days from the completion of acceptance tests. In case the 7 (seven) days period after completion of acceptance tests has elapsed without the acceptance test results being declared, then the system or the portion thereof, subject to acceptance testing would be deemed accepted. If Purchaser fails to give Vendor written notice of non-conformance within the 7 (seven) day period or, prior to expiry of the 7 (seven) day period, uses the system or any part thereof supplied by Vendor for productive use (other than testing purposes), it will be deemed accepted. In the event that any Deliverable fails to confirm to the agreed acceptance criteria, Vendor will have a reasonable time to remedy such non-conformance by either repair or replacement of the Deliverable, following Vendor's receipt of written notice from Purchaser specifying in reasonable



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Clause No.


detail the nature of such non-conformance. The acceptance criteria or procedures for Deliverables set forth in this Agreement and as particularly described in any SOW will only apply to the services provided herein. It will not apply to any product the Vendor may supply or has supplied to BANK, regardless of whether such products can be used in connection with the services or Deliverables. Any refund/return or penalty rights as set forth hereon apply only to the services provided."


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Section No.

Clause No.



Agreement

Liquidated Damages

(LD)

Clause 4.2

a) Time is the essence of the Agreement and the delivery dates are binding on the IA In the event of delay or any gross negligence, for causes attributable to the Implementation Agency, in meeting the deliverables, the Purchaser shall be entitled at its option to recover from the IA as agreed, liquidated damages, a sum of 0.5% of the value of the deliverable which suffered delay or gross negligence for each completed week or part thereof subject to a limit of 5% of the relevant deliverable value. b) The Purchaser may without prejudice to its right to effect recovery by any other method, deduct the amount of liquidated damages from any money belonging to the IA in its hands (which includes the Purchaser’s right to claim such amount against the IA’s Bank Guarantee) or which may become due to the IA. Any such recovery or liquidated damages shall not in any way

We would like to mutually agree on this clause at the time of final contracting



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Section No.

Clause No.


relieve the IA from any of its obligations to complete the Work or from any other obligations and liabilities under the Contract. c) Delay not attributable to the IA will be considered for exclusion for the purpose of computing liquidated damages.


Agreement

Penalties

Clause 7

7.3. Maximum Penalty applicable for any quarter should not exceed 30% of the ‘applicable fees’ for the respective quarter. 7.4. Two consecutive quarterly deductions of 30 % of the applicable fee on account of any reasons will be considered as an event of default and the Purchaser may consider the same as a ground for termination of the contract as per clause 34 of the RFP

7.3. Maximum Penalty applicable for any quarter should not exceed 5% of the ‘applicable fees’ for the respective quarter. 7.4. Four consecutive quarterly deductions of 5 % of the applicable fee on account of any reasons will be considered as an event of default and the Purchaser may consider the same as a ground for termination of the contract as per clause 34 of the RFP



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Clause No.


177. Organisation 5 Annexure F – V : Pre contract Integrity

Pact

Clause 9 -



In case of any allegation of violation of any provisions of this Pact or payment of commission, the PURCHASER or its agencies shall be entitled to examine all the documents including the Book 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. We submit that the third party agencies/auditors will be independent and will not be competitors of the bidder. Third party agencies/auditors will execute standard confidentiality documents of the bidder prior to any audit. Bidder’s internal cost break-up will not be subject to any audit.

RFP condition shall prevails Audit will be conducted as per Government procedures

178. Organisation 5 NA NA GIS Scope We request additional specific details to quantify the work under several items in scope for GIS work, namely Assessment of GIS Inventory, Integration with Externally available maps.

Bidders are requested to read GIS activities mentioned under RFP Page 43, 46 and 95 in conjunction

179. Organisation 5 Annexure A-II. Scope of Work.

3. Geographical Spread

3. About State DMG

"… the same model may be further extended to other states".

The state list shown is marked as an Indicative list and statement same model will be extended to other states. Can we assume however that the Scope of MTS in this RFP is limited to that of 12 states only and not more?

The MTS will be implemented PAN India however, the current RFP is only for 12 states as indicated in Annexure II: Scope of Work; clause 3

180. Organisation 5 Annexure A-II. Scope of Work. 4.1.1.6.

Dev / Int / Cust. Of

MTS

Item #3 (d) in the

Table

"The system should support multiple browser support without any change in the web content…"

Multiple browsers to be supported. Is this expected for Web Content Management Functions OR Portal Viewing in General?

Both


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Section No.

Clause No.




MTS

Item #5 (c) in the

Table

"The Bidder needs to propose the system integration and data migration with all stakeholders including but not limited to the State Departments and Exploration bodies…"

in ETL and DW Part of the Solution, the Bidder is expected to integrate with State Department and Exploration Bodies as well. Can we get the exhaustive details of the applications / systems / data stores with which such integration is expected? Schemas of such data stores will be useful.

The bidder is expected to study the MTS functionalities and design the system so that it is able to take in data feeds from the various external systems as listed in the RFP. The exact sizing and availability of these external systems will be available during the course of the project. The bidder will not be responsible for making any changes in these external systems, but will be responsible for incorporating data from these systems provided in standard file exchange formats.



MTS

Para 2 "The bidder should implement a reporting tool to enable features like slice & dice, generation of customized reports, drill down facility etc. in the reporting module to be implemented by Bidder. IBM and its state units may also require additional reports as per their requirements.. System should also allow generating reports in tabular, chart, cross tab, form, and master/detail format layer. It should also include breaks, sections, filters and calculation (sum, count, avg., max, min, percentage). It should provide a tool to write customized queries and

Reporting tool features listed here. Are these expected to be made available to even the End Users or only to the Power Users / Report Admins?

This feature would be available with limited number of users within IBM / Ministry of Mines / State DMGs.


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Section No.

Clause No.


use all SQL operators and functions."


Customization,

configuration,

integration of State specific

solutions

Para 1 "The bidder is required to study and assess the operations at Centre (Ministry of Mines and IBM) and four State DMGs (Chhattisgarh, Gujarat, Karnataka and Rajasthan)…"

As mentioned here, the Bidder is reqd. to assess the operations are 4 State DMG's for study purposes. Based on this assessment MTS Solution is expected to be developed and deployed centrally. Does this mean that for System Requirement Analysis, Bidder need not approach any other state than these 4 states? (Rather can we assume that 4 states are enough for the coverage?)

Bidder is free to approach more than 4 states for the purpose of this study. However, it is mandatory to cover these 4 states for the project. Also, please refer corrigendum


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Section No.

Clause No.



Customization,

configuration,

integration of State specific

solutions

Responsibilitie

s of IBM

Responsibilitie

s of State

Mining Depts

"Digitize physical data available with IBM in compatible mode to MTS", "Digitize physical data available with the State Government in compatible mode with the MTS"

Who is actually responsible for the Digitization of physical Data? IBM or the Bidder? Who is actually responsible for the Digitization of physical Data? State Mining Dept's or the Bidder?

The MoU stated in the RFP provides the distribution of responsibility between IBM and State DMGs. The bidder has been asked to provide unit rates for scanning and digitization of documents. In case the bidder is required to scan / digitize more documents than stated in the RFP, additional efforts would be paid at those unit rates.

185. Organisation 5 Annexure A-II. Scope of Work. 4.1.1.7.1. 3 Options

to be provided to State

DMG's for Solution Adoption

Full Adopti

on option

Sr.#1 in the table i.e. Full Adoption

For design / development of State Specific modules, the bidder is asked to provide 3 options to the State DMG's. Does it mean that Each State DMG will choose any one of the 3 options at discretion? When will this decision be taken for each state? Since each option results is different efforts, knowing this beforehand will help us understand the efforts required.

Please refer clause 4.2.1.7.2 The bidder will be required to estimate the resource cost for state specific customization (option 1, 2 or 3 as stated in the table above) after the award of contract, as and when required by the Purchaser after confirmation with the respective State DMG. The unit rates for key personnel provided by the bidder will be used for estimating the additional resource cost for state specific customization.




Data Sharing option

Sr.#2 in the table i.e. Full Adoption

We assume that in this "Data Sharing" approach the bidder will provide data sets schemas / formats to the States; the States will provide data from their legacy systems in these formats / schemas to be consumed by MTS Solution Components. If this assumption is right, can we safely assume that activities done such as ETL Components Design and Mapping towards the Data Interchange, are one time activities and any changes in these requirements or related specifications will be routed through "Requirement Change

Bidder will discuss the fields & format of data sets schemas with the States; the States will provide data in agreed formats / schemas to be consumed by MTS Solution Components. Also, kindly refer clause 4.2.1.7.2


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Section No.

Clause No.


Management" process and may lead to additional cost to purchaser?




Data Sharing option

Scope of Work for Bidder (d) "d) The bidder will provide templates / formats / structures to the state in order to have information exchange…"

In the "Data Sharing" approach for adoption, we assume that bidder will NOT be responsible for working on or making changes to the State's Legacy System. Bidder will only provide data formats and schemas to which the State Legacy systems have to comply. Please confirm.

The RFP clause is self explanatory


Development of MTS

Portal

Point c) "c) The web site should have multi-lingual feature for all the major mineral States"

By Multilingual Implementation for all the major mineral states, we assume that for central portal the languages will be Hindi and English, and for the State Portals (12 as mentioned in this RFP) will be as per the state's official language? Can we get an exhaustive listing of the languages here to avoid any wrong-guesses?



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Section No.

Clause No.



Installation,

Commissioning and rollout

NA Regarding use of NIC Cloud (Meghraaj).

Need detailed information about the NIC Cloud (Meghraaj) offerings. E.g. What is the Virtualization Platform / Hypervisor? What are the SLA's? If these SLA's conflict with the MTS SLA expectations / performance expectations, how can we handle this situation?

The RFP provides the service offerings of the NIC cloud. The bidder may also refer NIC cloud website for any additional information. NIC cloud uses VMware and HyperV hypervisors, at present. Further, the SLAs of NIC cloud will not impact the performance of the bidder. The bidder will not be penalised for any downtime due to unavailability of NIC cloud infrastructure.


Installation,

Commissioning and rollout

point h)

"h) The bidder would be required to conduct security audits for each module prior to go-live from an independent CERT-IN empanelled security auditor…."

Who has to pay for the Security Audits from the CERT-IN empaneled Security Auditor? And who chooses them?

It is the purchaser's responsibility to get the security audit conducted from an independent CERT-IN empanelled security auditor. The expectation from selected bidder is to: - Assist purchaser and auditor in conducting the audit process and provision system access - Address audit team observations and get the certificate - Provision cost of security audit in the bid


Digitization,

migration, cleansing…

point c) "Currently IBM maintains all mining related records on Technical Management Information System (TMIS) databases. The key data sets under TMIS are…"

Can we get the indicative sizing of these databases / data sets? E.g. Size of Data and Log in GB's, Number of Records etc. etc.?

These details are provided in annexure A-VII and A-IX


Digitization,


point g)

"The bidder would be required to quote a lump sum cost of scanning 2,00,000 pages…"

Digitization of 2 lakh pages. What are the sizes of these pages? How many characters / words can be assumed per such page?



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Section No.

Clause No.



Digitization,


point h)

The bidder would be required to quote a lump sum cost of data entry of 1,00,000 forms…"

Data Entry for 1 lakh forms. What is the average Magnitude of these forms? How many fields per Form? How many manual lookup fields? How many Free Text / memo fields? What is the approx time considered for Data Entry of 1 Form?



Handholding and

training.

point a)

"Bidder is expected to conduct operational activities and provide hand-holding support to Ministry of Mines, IBM and State Department personnel for a period of 5 years after Acceptance of System…"

Handholding and training. We have a Helpdesk already for addressing any issues. Do we still need additional dedicated personnel for this for all 5 years? Need more clarity on this.

Yes, additional handholding staff is needed at various locations of Ministry of Mines and IBM. Please refer corrigendum

195. Organisation 5 Annexure A-VI.

Indicative Technology Solution.

2. MTS Modules

Para 3 "The IA would be required to make provision to design the modules in a flexible way to include the provisions of any subsequent amendments to Mines and Mineral Development & Regulation Act (MMDRA), 1957 Mines and Minerals (Development and Regulation) Amendment Act, 2015"

This statement is very open. Bidder will employ the best practices to create a flexible solution to adopt such changes. However, it is not possible to incorporate any amendments in MMDRA Act, if the result in groundbreaking changes. Is it possible for IBM to rephrase these statements?

The bidder should design a system which can be modified with minimal effort in near future due to any change in the MMRDR Act or its procedures. The system should be configurable in nature.


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Section No.

Clause No.



Indicative Technology Solution.

3.1. Applicatio

n Layer

a) Registration

"Any person dealing in minerals have to get registered with IBM as per amendment made to Rule 45 of MCDR…."

As per this, MTS solution is expected to integrate with an existing system developed by NIC which is used for Registration of any person dealing with Minerals.. Where do we get information about this?

While the RFP and FRS provide the functionalities required from the system, bidders may visit IBM office Nagpur or State DMGs for clarity on any issues.


Indicative Technology Solution. d). Returns

Para 2 "This system has been developed by IBM. The selected IA would be required to look into the system and integrate with MTS or suggest improvements keeping…"

Bidder is expected to integrate with this system which provides a facility of Returns filing. Can we get more explicit details of this system?

While the RFP and FRS provide the functionalities required from the system, bidders may visit IBM office Nagpur or State DMGs for clarity on any issues.

198. Organisation 5 Annexure A - III

5 The Lead Bidder should have following certifications as on 30.06.2015: 1) ISO 9001:2000 2) SEI CMMi Level 5

The Lead Bidder or its delivery arm or sister concern or subsidiary should have following certifications as on 30.06.2015: 1) ISO 9001:2000 2)SEI Cmmi Level 5


199. Organisation 6 Scope of Work,

Page 1 of 211

- Scope of work High-level scope of work mentioned in RFP includes “Deploy skilled personnel and effectively manage the services”. Please clarify on: 1. How many skilled personnel are expected by IBM to be deployed? 2. Which of the locations will the personnel be deployed? 3. Is deployment of skilled personnel expected in 1 or 2 or 3 shifts?

Please refer to Annexure A - VIII: Manpower requirements


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Clause No.


200. Organisation 6 Scope of Work,

Page 1 of 211

Scope of work High-level scope of work mentioned in RFP includes “Digitize records for Indian Bureau of Mines, Ministry of Mines and State Departments”. Please clarify on: 1. What is the approximate volume of records across IBM, Ministry of Mines and State Departments to be digitized? 2. Are these records only on paper or on other media (magnetic tapes, punch cards, satellite images, etc.) as well?


201. Organisation 6 Preparation of

Technical Documents, Pages 43

to 45

Scope of work In the section of RFP, reference is made to IEEE standards for various engineering documentation. For example, 1. “Software Requirement Specifications Document (SRS) as per IEEE Standard 830” 2. “Software Design Document (SDD) as per IEEE Standard 1016” Does IBM already have these IEEE standards in its possession, which it will share with the implementing agency, or does it require the implementing agency to procure the standards for itself?

It is the bidder's responsibility to bring these standards into practice while designing documentation for MTS software.

202. Organisation 6 Development /

Integration /

Customization of

MTS Core Solution, Page 45

Scope of work In Section 4.1.1.6, relating to Development / Integration / Customization of MTS Core Solution, part (d), it is mentioned that "Bidder should implement quality standards like CMMI Level 5". Implementation of CMMI Level 5 quality standard requires large amounts of quantitative, metrics data about processes and products. Collection, sanitization, analysis and usage of such metrics data will necessitate significant investments in efforts and tooling costs. 1. Does IBM intend to invest in implementing CMMI Level 5 practices or does it only intend incorporation of software development best

It is the bidder's responsibility to bring these standards into practice while designing the MTS software.


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Clause No.


practices? 2. Which or all of the three variants of CMMI Model (Development – DEV, Services – SVC, Acquisition – ACQ) is IBM interested in implementing?

203. Organisation 6 Timelines Table,

Page 46

Scope of work In “Timelines for completion of sub-phases” section, timelines are mentioned for each sub-phase. Do these timelines include time for record digitization activities as well?

The timelines are inclusive of all the activities required for solution implementation, including data digitization.

204. Organisation 7 Software Technical Specifications.pdf -> Product Features

of the Identity

and Access Management ('IAM')

System

9 Solution should support generation of audit reports without the target resources being available

Request to explain the business use case for the same

Audit reports can be generated from the system in offline mode


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Clause No.



of the Identity


System

15 Solution should be comprehensive to include both web based and client server applications

In today’s world of mobility, every user want to have flexibility of accessing application from different devices which can be easily achieved only if the application can be accessed using any standard browser, instead of installing any thick client on the device and then access. Do you really have any client server applications with thick client? If not then request to remove "client server applications" from the requirement. Request to remove this requirement from this section, as it would only escalate the cost of the project.



of the Identity


System

16 The Solution should provide integrated Identity Management, smart provisioning, business role management, access management (web single sign-on), OS access Management, client server single sign-on

Do you really have any client server applications with thick client? If not then request to remove "client server Single Sign-on" from the requirement. What is the requirement around OS Access Management. Request to remove this requirement from this section .



of the Identity


System

17 Solution should provide real-time visibility into the end-to-end operation of Access Management infrastructure.

Please explain the business use case around this requirement

IT administrators should have visibility and control necessary to manage and maintain MTS application. administrators should have visibility & should be able know exactly who is using what & what applications are permitted, prioritized, for access by specific users based on identity, location, and time etc.


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Clause No.



of the Identity


System

18 The solution should monitor infrastructure around the clock, detect availability and performance problems proactively, and enable quick analysis when issues arise.The solution should provide comprehensive, real-time metrics such as:

This seems to be an Infrastructure Monitoring requirement and shouldn't be part of the "Identity and Access Management". Request to kindly remove this requirement from this section.

The clause is specific to Identity and Access Management availability & performance


of the Identity


System

20 Solution should monitor Policy Server and Agent performance and availability, correlates Web application performance with access management performance, and determines if access management solution is impacting application performance

This seems to be an Infrastructure Monitoring requirement and shouldn't be part of the "Identity and Access Management". Request to kindly remove this requirement from this section.



of the Identity


System

21 The solution should provide Monitoring and management and various reports and metrics for administrators like success/failed logins , response time etc.

This is an Infrastructure Monitoring requirement and shouldn't be part of the "Identity and Access Management". Request to remove this requirement from this section . The success/failed logins metrics can be a valid use case but not the response time



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Clause No.


211. Organisation 7 General Query

NA Identity and Access Management solution are generally licensed on number of users

How many number of business users and consumers users will be using this IDAM solution?

The user details are provided at page no 97 of RFP under User Estimation section


NA Identity and Access Management solutions H/w Sizing is dependent on users concurrency

In order to have an optimum Hardware sizing it is required to know approximately how many user concurrency is expected by the department from the solution for authentication and authorization per min

Bidder to consider the users to arrive at the user concurrency please refer page 97 of the RFP


NA Application Details Request to provide the application details Refer Annexure A-VI: Indicative Technology Solution; Clause 2: MTS Modules

214. Organisation 7 Product features of

the Enterprise Managem

ent System

7 Ability to measure and manage service levels

Need more clarity on this point. Request to kindly Elaborate the clause Need to modify the clause as "The proposed monitoring solution should provide ability to monitor and generate alarms for set threshold for pre-defined Service level agreement for monitored metrics"

Such as utilization of compute resources 80 % or more etc

215. Organisation 7 Product features of

the Enterprise Managem

ent System

10 Ability to capture all events that are being generated across the complete IT infrastructure, correlate them and automate initiation of suitable corrective action as defined

Need more clarity on this point. Request to kindly modify the clause Ability to capture all events that are being generated across the complete IT infrastructure, correlate them and help automate initiation of suitable corrective action as defined

Event correlation is a generic feature of EMS


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Clause No.


216. Organisation 7 Installation,

commissioning and

roll-out of Hardware

and Software

4.1.1.12

a) The MTS solution would be hosted on NIC cloud (Meghraaj). NIC is offering bare metal virtual machines for staging and production environment to IBM to host MTS solution. VMs with the following configuration are available in NIC cloud:

We understand that all the software and related infrastructure hosting at NIC cloud would be able to leverage the existing NIC EMS stack& Identity and Access Management solution, by only procuring the additional licences that are required for this project in DC & DR. Kindly confirm this or will it a completely be a new environment in itself which will be co-hosted in NIC. Kindly share the EMS details and MTS solution hardware /software/network counts to arrive on BOM.

For MTS project, bidder has to provide EMS solution specifications of which are already provided in the RFP. For VM and application and database counts, all the BOQ provided by bidder under this RFP shall be considered.

217. Organisation 8 17.1 17 Placing of Work Orders Purchaser may at any time, by a written order given to the Bidder, make changes to the scope of the Contract as specified, such a provision shall not be changed unilaterally, Service Provider expect mutual agreement on the change of scope of work although Service Provider is open for any related changes.

Please refer clause 17.2, which provides more explanation

218. Organisation 8 21.8.1 21.8 Residuals IA shall be precluded from independently developing for itself, or for others, anything, whether intangible or non-tangible form, which is competitive with, or similar to, the deliverables set-out in this RFP. The referred provision seems too onerous and against the provision of Section 27 of ICA to be read with Article 21 of the Constitution of India to be further read with the provisions of CCI.


219. Organisation 8 25.2 25 Confidentiality Exclusion of Confidentiality is not as per standard norms additionally Confidentiality obligations shall be capped with a time period. IA suggests a period of 5 years from the date of disclosure of such information. We may like to suggest incorporation of regulatory agencies and auditors provided they are made aware of the Receiving Party's obligations of confidentiality with respect to the Purchaser.



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Clause No.


220. Organisation 8 27.1 27 Change of Expected Volume and manpower

As Purchaser will have the option to increase or decrease the size of the dedicated and exclusive resources deployed, at any time during the contract period by virtue of this provision, we are fundamentally ok with it, provided there should be a percentage cap for any such fluctuation especially in case of decreasing of resources by the Purchaser.

Please read this clause in conjunction with clauses 27.3, 27.4 and 27.5 of RFP

221. Organisation 8 28.1 28 Suspension of Work Under this provision IA shall, if ordered in writing by Purchaser’s Representative, temporarily suspend the works (which may be upto the period of 2 months) or any part thereof for such a period and such a time as ordered. This seems too onerous retaining manpower and other things in place without any revenue during this time frame is not in good taste. We thereby like to request for appropriate modification by providing a shorter suspension period or payment for haulting the resources/machines un-utilized. If suspension goes beyond a period of 2 months then expecting a mutual consent for the termination of the project /agreement is not as per standard norms and seems too onorous.


222. Organisation 8 30.1 30 Installation Process If during installation at site, if any item is found to be defective or broken, it would be replaced or rectified whichsoever is more fesiable and prudent in the business scenario given due regards to the cirumstances at the given point of time. We suggest modification in the clause accordingly.


223. Organisation 8 32.1 32 Onsite Warranty Maintenance

The warranty period for the systems shall be taken into account from the date of completion of supply of products, its successful installation/commissioning and acceptance by Purchaser, including free spare parts, kits or accessories. Failure to provide satisfactory warranty service/support shall attract penalties.



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Clause No.


224. Organisation 8 34.5 34.5 Effect of Termination Purchaser is not liable to pay charges for Services or any reimbursement expenses if IA terminates work without the consent of the Purchaser. We suggest all the charges shall be payable in case of delivery of items and/or services in case of temination by IA due to the default of Purchaser including default in payment provisions. Reconstruction of the Clause is accordingly suggested


225. Organisation 8 34.6 34.6 If Purchaser terminates without cause attributable to the IA, the Purchaser agrees to pay

Purchaser terminates without cause attributable to the IA, the Purchaser should pay not only the amount validly incurred by but also the termination charges as agreed in the contract.

Refer clause No. 34.6 of RFP document

226. Organisation 8 35.9.1 35.9 Indemnity Indemnity expectations set by Purchaser under this Clause should be mutual in nature and shall only be applicable upon third party related claims regarding IP and hardware issues and not for all and/or any contractual issues arises under the contract. Additionally IA shall not be liable against any claim if such claim arises due to i. the comibination, operation ur use of the Deliverable by IA with equipment or software other than those provided by or on behalf of IA. II. IA's compliance with Purchaser's requirements, instructions, or specifications, iii. the use making, selling, lreproduction, distribution, modification, public display or public performance of the IA materials, iv. the modification of any Deliverable by anyone other than IA or its Affiliates. We further would like to suggest that the remedies set forth in this section are Purchaser's sole and exclusive remedy and IA's sole and exclusive liability for any Purchaser claims.



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Clause No.


227. Organisation 8 35.14 35.14 Defination of Default The Defination shall be mutual in nature and shall also incorporate the scenarios where Purchaser failed to provide its approval / confirmation wheresoever it is so required ,non payment of the due amount etc… Reconstruction of the provision is accordingly requested


228. Organisation 8 35.14 35.14 Defination of Default The Defination shall be mutual in nature and shall also incorporate the scenarios where Purchaser failed to provide its approval / confirmation wheresoever it is so required ,non payment of the due amount etc… Reconstruction of the provision is accordingly requested


229. Organisation 8 35.17 35.17 Applicable laws IA is ok that shall promptly and timely obtain all such consents, permissions, approvals, licenses ,etc as may be necessary or required for any of the purposes of this project or for the conduct of their own business under the applicable law, Government regulations / Guidelines but whereso ever it is required Purchaser shall help IA to get the requisite govt. approvals and in case of any delay in govt approvals etc IA shall not be accountable for any penalty and/or delays related thereto.


230. Organisation 8 35.21.2 35.21.2 Limitation of Liability Suggested Limitation of Liability 13.2 Notwithstanding any provisions in this Agreement IA’s liability to Purchaser and/or any third party for damages or any direct loss or claim under this Agreement (whether under any indemnity or for contractual damages whether in contract, tort, negligence, strict liability or towards performance or non-performance or otherwise) will under no circumstances exceed the total fees paid to Partner during the preceding (6) six months from the date of such liability under the relevant agreement or 100% of Statement of Work and/or Milestone as the case may be whichever is lower.



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231. Organisation 8 Suggested Suggested

Exclusion of liability in case of Purchaser default provision suggested

In no event shall IA be liable for any failure to provide the Services in accordance with this Agreement to the extent that it is prevented from doing so as a result of any act or omission of Purchaser.


232. Organisation 8 Suggested Suggested

Exclusion of Indirect and Consequential Damages shall be part of LOL Clause

Notwithstanding any provisions in this Agreement, none of the Parties will under any circumstances be liable under the law of contract, tort or otherwise, for any loss of profits or savings or goodwill or for any consequential or indirect or special loss or damage, anticipated savings, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential), however caused, arising out of or in connection with this Agreement



7.1 Fall Clause The BIDDER undertakes that it has not supplied/offered / is not supplying/offering similar solutions at a price lower than that offered in the present bid in respect of any other Ministry / department of the Government of India or PSU and if it is found at any stage that similar solutions were supplied by the BIDDER to any other Ministry / department of the Government of India or PSU at a lower price, then that very price, with due allowance for the elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the PURCHASER, if the contract has already been concluded.


234. Organisation 8 4.1.1.2 4.1.1.2.1

Assessment of GIS Inventory availability

We request IBM to quantify the data that needs to be assessed. We also request IBM to clarify on the data formats.

Bidders are requested to read GIS activities mentioned under RFP Page 43, 46 and 95 in conjunction

235. Organisation 8 Annexure-B (V)

Pt. 2 Technology Solution & Maintenance Plan

We understand that GIS COTS plays a major role in providing MTS solution. Hence request IBM to include GIS as part of Bill of Material and provide Specifications for the same.



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We request you to kindly provide the minimum quantity of hardware and software required for entire solution. Such that the bidder can quote for the similar / equivalent quantity which will help in evaluation.


237. Organisation 8 General End users We request IBM to provide an approximate number of users of the GIS system.

Refer clause 4.1.1.6.6 for clarity


Pt. 2 c. Software solutions (COTS and bespoke) for the functionalities required

We request IBM to provide more clarity and elaborate on the GIS functionalities required for the MTS Solution and intended workflows. This is required to arrive at the COTS GIS modules required

The RFP and FRS provide the functionalities required from the GIS solution. In case of additional clarity on processes of MTS, the bidders can visit IBM Nagpur and State DMG offices.

239. Organisation 9 Instruction to Bidders

4.3-d-iii Power of Attorney executed by the Bidder in favour of the Principal Officer or the duly Authorized Representative, certifying him as an authorized signatory for the purpose of this RFP

Request to accept generic Power of Attorney issued by Company Secretary for Authorised Signatory for all RFPs.

If the power of attorney provides overarching authority to the authorised signatory, including the signing of this proposal, then the bidder may use their own power of attorney.


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3.2 Contract Performance Security

Contract Performance is a factor of both the third-party components (software & hardware) as well as the system developed by the IA. No Third-party OEM is agreeable to submit Performance Security. Hence the entire burden falls on the IA to furnish Performance Security for the entire project and valid for a period of 60 days beyond contract period. We propose that in order to make this project viable and reduce financial strain on the IA, the requirement of Performance Security be divided up between Implementation Period and each subsequent year of Operation & Maintenance. This translates to the following: a) One Performance Security Bank Guarantee of 10% of the Implementation Cost (Fixed Cost excluding the Operations & Maintenance Support) to be provided by successful bidder within 15 days of order finalization. This guarantee to remain valid till Go Live of the project and to be returned to IA after IA issues the Operation & Maintenance Performance Security Bank Guarantee for the first year of such service b) IA to issue yearly Performance Bank Guarantee of 10% of the Operation & Maintenance Cost for each year of support and customer to return preceding year's Bank Guarantee after IA issues the Bank Guarantee for the subsequent year.



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14.5 Evaluation criteria to be adopted will be as follows: * Minimum 70% qualification marks overall and 50% for each of the four sections is required in the Technical Evaluation qualification * L1 i.e. the lowest evaluated responsive financial bid to be selected for award of contract

This is a project of national importance and if successfully implemented, will usher in a new era for Indian Mining Industry. Hence it is imperative that the IA selection process be meticulous and decision taken on the basis of a graded approach that consideres technical as well as financial scores and follows the scientific and currently-used mechanism of Quality and Cost Based Selection (QCBS) process. The suggested approach is as follows: TECHNICAL RANKING: After the technical scoring is complete, under QCBS methodology, the purchaser shall rank each technically qualified bidder as follows: ST = T/Tm where: ST = Technical rank of the Technical Proposal being evaluated T = Technical Score received by the bidder whose Technical Proposal is being evaluated Tm = Technical Score of the highest ranked Technical Proposal and will notify, in writing, to such bidders for opening of Financial Proposals. PRICE BID EVALUATION (make this a separate clause) Under QCBS, to allow comparison on a common basis, each Financial Proposal, of bidders who qualify in the above technical scoring, will be carefully scrutinized and an Estimated Total Price (ETP) will be determined. The score for each of the Financial Proposals will be inversely proportional to its ETP and will be computed as follows: SF = Fm/F



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Clause No.


where: SF - financial score of the Financial Proposal being evaluated Fm - the ETP of the lowest priced Financial Proposal F - ETP of the Financial Proposal under consideration FINAL EVALUATION & SELECTION (make this a separate clause) Following completion of Technical and Financial Proposals, the final ranking of the proposals will be determined. This will be done by applying a weightage of 0.7 (70%) and 0.3 (30%) to the technical and financial score respectively of each evaluated qualifying Technical and Financial Proposal and then computing the relevant combined score for each bidder. S = ST * 0.70 + SF * 0.30: Final Ranking (F) = 100 * S


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Clause No.



14.5 Technical Evaluation Process

Is there any differentiation between IAs who score 75 and the ones who score more (say > 90). This current evaluation process does not give any weightage to IAs technical capabilities beyond the 'pass' marks of 75. We strongly recommend that the QCBS selection mechanism detailed above be followed.



18.3 Getting work done from elsewhere

We request that In case of exigency solely and entirely attributable to IA’s default, if Purchaser gets the work done from elsewhere, the difference in the cost of getting the work done will be borne by the successful Bidder provided such cost shall not exceed 10% of the fees paid by Purchaser to the bidder for such work.



20.2 a Source code and executable files

We request that it be explicitly mentioned that Source Code for ONLY the development work carried out SPECIFICALLY for IBM for this project be handed over by IA



21 Audit Audits and/or inspections under the contract shall be conducted during normal working hours of IA and upon reasonable advance written notice of not less than 15 days to IA at the cost of the Purchaser. If any third party auditor is appointed by the Purchaser such third party auditor shall not be a competitor of IA. The Purchaser and its auditors will: (i) comply with the IA’s reasonable security and confidentiality requirements when accessing locations, facilities or other resources owned or controlled by IA; and (ii) cooperate with IA to minimize any disruption to the IA’s business activities. In no case IA shall be required to disclose its internal costing, mark up and profit margins.

Audit, in case needed, will be carried out as per the Government of India guidelines


21.4.1 &

21.4.2

Intellectual Property Rights

We request deletion of this provision as bespoke development is already covered under clause 21.6.



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21.4.4 Intellectual Property Rights

The IA would be required to hand over to Purchaser all versions of MTS, at agreed cost



21.7 Pre-existing work We request addition of the following at the end of the clause: "If the parties mutually agree that the IA provides to Purchaser any proprietary software or tools of IA or of a third party, the parties shall negotiate and set forth the applicable terms and conditions in a separate license agreement and the provisions of this clause shall not apply to any deliverables related to customization or implementation of any such proprietary software or products of IA or of a third party."



21.8 Residuals We request deletion of the words: “IA shall be precluded from independently developing for itself, or for others, anything, whether intangible or non-tangible form, which is competitive with, or similar to, the deliverables set-out in this RFP…”.



24 Ownership and Retention of documents

We request addition of the following at the end of the clause: "This provision shall be subject to the provisions of clause 21.7"

The bidder is expected to read the clause in conjunction with clause 21.7


25 Confidentiality We request addition of standard exclusions to confidentiality



26 Change /Alteration/Variation in Work Order

We request changes to this clause to include the underlined sentence: Any Change /Alteration/Variation in Work Order including amendment of MMDRA and Rules framed thereunder and any upward revisions and/or additions of quantities, specifications, sizes given in specifications etc. of the RFP shall be provided at agreed costs.

Please refer clause 26.2 of RFP for further details


30 Installation Process Any defective/ broken item shall be replaced if it is for reasons solely and entirely attributable to IA. In



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all other cases such cost shall be to the account of the Purchaser.


32 Onsite Warranty Maintenance

We request deletion of the following as the Purchaser has other adequate remedies under the RFP—“Failure to provide satisfactory warranty service/support shall attract penalties. “



34.6 Termination We request that termination for convenience shall be with a prior written notice of at least 90 days.



35.9 General Conditions: Indemnity

We request addition standard exclusions to IPR Indemnity. Also, the indemnity for accidental loss of life or injury must be attributable to the gross negligence or willful misconduct of IA or its employees.



35.12 General Conditions: Force Majeure

We request that if the Force Majeure continues for more than 60 days then either party shall be entitled to terminate the contract. The vendor shall however be entitled to payment for all the services rendered till such date of termination.



35.14.1 General Conditions: Default

Default should be for reasons solely and entirely attributable to the IA.



35.14.2 General Conditions: Default

The cost of procuring the undelivered goods/ services shall not exceed 10% of the cost paid by the Purchaser to IA for such goods/ services.



35.17.2 General Conditions: Applicable Law

We request deletion of the words “and notify the Purchaser”.



35.17.3 General Conditions: Applicable Law

IA shall obtain necessary approvals / permissions / licenses required ONLY to the extent for providing the services under this project



35.21.2 General Conditions: Limitation of Liability

Request the clause to be modified as follows: Also, in no event shall the total liability of IA under the Contract arising from this proposal exceed the fees received by IA during the period of 12 months preceding the date such liability arose from the



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Purchaser for the services rendered under the statement of work under the Contract arising from this Proposal which gives rise to such liability. We request that addition of the following at the end of the clause: Neither party shall be liable to the other for any special, indirect, incidental, consequential or for loss of profit or revenue, exemplary or punitive damages whether in contract, tort or other theories of law, even if such party has been advised of the possibility of such damages. IA shall not be held liable for any delay or failure in its obligations, if and to the extent such delay or failure has resulted from a delay or failure by or on behalf of Purchaser or its employees or any third party vendors to perform any of their obligations. In such event, IA shall be (a) allowed additional time as may be required to perform its obligations, and (b) entitled to charge the Customer for additional costs incurred, if any, as may be mutually agreed upon between the Parties.

263. Organisation 9 Annexure A - II

3 Geographical Spread: MOM+ 17 IBM Offices+ State? Each State will have the following offices: State Mining Departments, DMGs HQ, and district offices.

District offices in the states are within scope? Pls clarify

Yes. The district offices in states are within scope of work of this RFP, in line with the section on state specific customization Clause 4.1.1.7


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4.1.1.2.1

The Bidder is expected to understand and assess the existing GIS inventory requirements and the availability including

Location where? IBM at Nagpur? Regional offices of IBM only? States included? Request clarification.

IBM Nagpur


4.1.1.2.1

Base maps on various scales

In which locations we have to do assessment? What is the source of these base maps?

Assessment to be carried out in Nagpur


4.1.1.2.3

The process for integration of the DGPS survey, satellite imagery, concession layers and lease information systems should be established

DGPS survey inputs generally required by applicant at the state level. Are we going to collect and design state requirements in the phase 1?

No clarification required


4.1.1.2.4 &

4.1.1.7

Interface developments … & MTS solution would be developed centrally and deployed as a centralized instance. incorporating the state specific customizations and configurations (like work flows, codification of standards and conventions).

Are the interfaces with state specific applications? or With RP/PL/ML applicant? Need clarification which one to be carried out in what stage? Who will supply all these related info if the system to be developed centrally in the first phase?

The bidder is required to study and assess the operations at Centre (Ministry of Mines and IBM) and four State DMGs (please refer corrigendum for the revised list of states). Based on the assessment by the bidder, the MTS solution would be developed centrally and deployed as a centralized instance. State specific customisations to be carried out in line with section 4.1.1.7


4.1.1.2 Assessment of GIS Inventory availability

The samples for assessment will be provided by IBM and the location would be in Nagpur. Please confirm.

The location of assessment would be Nagpur. IBM will facilitate the bidder in the study of GIS inventory


4.1.1.4.4

Software Test Report Document

Is there any testing tool recommended by IBM? RFP conditions shall prevail


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4.1.1.5.2

The bidder would have to establish processes for integrating the cadastral maps, topographical maps, forest maps, satellite images and DGPS surveys in the GIS module

All the said maps varies in scale from 1:4000 to 1:25/50000 to 1:250000. Who is reponsible for georeferencing all these maps for proper integration?

Please refer Clause 4.1.1.14 (i)


4.1.1.5.5

Integration of topographic information and DGPS with the GIS maps

When (at what stage) IBM wants IA to carry out this activity?

The stages at which MTS solution would be required to be integrated are mentioned in table provide under clause 4.1.1.6.1. It is suggested that bidder should parallely start the GIS integration along with activities mentioned under Phase A of RFP.


4.1.1.6.2

The above registry modules should seamlessly integrate within Centre and State modules and as well as the GIS module facilitating real-time update of concession data on the GIS maps.

Are the registry modules to be developed centrally without state input? In the first phase?

Please refer response to query no 267


4.1.1.6 Development / Integration / Customization of MTS Core Solution - Geographical Information System (GIS)

There is no mention of Geographical Information System (GIS) software in the list and it is also missing from the Technical Specifications. GIS software will be one of the pillars of this project and there needs to be mention of the same including the specifications in the tender.



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4.1.1.6.1 a & e

Bidder should carry out development and customization of all the solutions using its own infrastructure including but not limited to servers, storage, networking, software licenses, automated testing tools etc.

There are certain implications that needs to be discussed on developing the MTS software in Bidder's premises. (1) The COTS licenses to be procured for IBM, Nagpur needs to be used by the bidder for development. If it is used in bidder's premises it would be violation of license agreement. (2) If additional licenses are to be procured by the Bidder for development in their premises that it attracts more cost which will be borne by IBM. (3) The integration and testing of the same would be a challenge if the development is done in bidder's premises. (4) The data uploading and connecting spatial data with attribute data will be a challenge if development is done in bidder's premises.

All software development activities need to be completed by the bidder using its own infrastructure. NIC cloud will provide environment for staging and development.


4.1.1.6 - Para 2

The bidder should implement a reporting tool

Please give more details of the reporting tool. From the given details it seems to a DSS tool. Then it needs to be included in the COTS product listing.

Bidder is required to provide an appropriate reporting solution which meets the requirements stated in the RFP & FRS. This need not be a DSS


4.1.1.6.6

The bidder should provide the end users with a compatible native mobile application for the following indicative scenarios for leading mobile platforms like android, iOS, windows, etc.:

What Functionalities need to be developed by IA? Kindly provide the details

Please refer Annexure A IV: Indicative Technology Solution; clause 2 MTS modules for details


4.1.1.6.6

ETL and Data Warehouse solution

How much concurrency is expected for the warehouse system



4.1.1.6.6

Helpdesk System How many users (internal) will be using the helpdesk's self service portal to report incidents?



4.1.1.6.6

Helpdesk System How many help desk agents should be considered who will be recording incidents on behalf of users?

Bidder to consider the appropriate number of helpdesk agents which meets the requirements stated in the RFP.


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4.1.1.6.6

The bidder should implement a reporting tool to enable features like…

1. Please specify how many users will be using reporting feature. This does not include users who are recepient of pre-generated reports. 2. Please specify whether there will be users who will do ad-hoc reporting i.e. creating reports on their own? If yes, please provide an approximate number of such users

Bidder to consider the users as suggested in the RFP, please refer page 97 of the RFP


4.1.1.6.6

Bidder is expected to carry out the sizing for the Audit log servers and also for the storage disk size requirements while proposing the Audit log solution.

What is the duration for which the logs will have to be retained?

Please refer Page no 99 of RFP for Data retention


4.1.1.7 Customization, configuration and integration of the State specific solutions

The bidders need to assess the operations of four mentioned states before bidding or after bidding. Before bidding assessment helps to quote the manpower rates more accurately and competitively.

Bidder is welcome to visit IBM Nagpur and State DMG offices before biding, so as to gain a clearer perspective of the processes involved in the system.


4.1.1.7 Customization, configuration and integration of the State specific solutions

Query not clear


4.1.1.7 The bidder is required to study and assess the operations at Centre (Ministry of Mines and IBM) and four State DMGs (Chhattisgarh, Gujarat, Karnataka and Rajasthan).

Pls confirm scope of study in four state is included in first phase?

Please refer response to query 267


4.1.1.7 MTS solution would be developed centrally and deployed as a centralized instance. incorporating the state specific

Full study of four states is required , even if no immediate development? Pls confirm.

Please refer response to query 267


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customizations and configurations


4.1.1.7 (STATE) To provide available GIS data on mineral concessions to IBM to be integrated with the MTS GIS maps

Is it a state specific requirement ?Pls confirm. This is the responsibility of the State DGM as per the MoU signed. They would provide the GIS data on mineral concessions to IBM to be integrated with the MTS GIS maps


c) The web site should have multi-lingual feature for all the major mineral States

To be done in frst phase? How many language support required?

English & Hindi


f) The web site should have the Registry as well as the GIS component

Pls clarify if IBM wants the Proposed MTS system to be GIS (map) centric?

IBM's requirement has been elaborated in the RFP, GIS shall be an important module of the MTS application


4.1.1.7.1

Data sharing 1. Please provide details of the interfaces exposed by these states' system for data sharing. 2. Will data exchange be bidirectional, or will it be from states to MTS only? 3. What could be the largest volume of data that could be shared in one go by a state? 4. What will be the frequency of this data sharing?

These are the activities which bidder need to conduct as a part of assessment study. The bidders are welcome to gain more clarity on the working on MTS solution by visiting IBM Nagpur and State DMG offices


4.1.1.11-e

The training manuals are to be prepared in English and Hindi

We request that training manuals' preparation and impart of training to be in English only

Refer Clause 4.1.1.4: Preparation of Technical Documents; sub clause 4.1.1.4.10


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4.1.1.11-g

The bidder shall organize workshops for Ministry of Mines, IBM and State Department officers on topics spanning the functional, technical, usage and implementation of the system. The respective IBM office / State Department / GSI / NIC will be responsible for the preparation and arrangement for the workshop venue and other requirements. The bidder will be responsible for the manpower and the preparation of the soft and hard copy of the training materials.

We understand that arrangments by IBM office / State Department / GSI / NIC includes any Network requirement. Also Accomodation/travel etc for Bidder's manpower at respective location will also be borne by the above agency (ies). Please confirm

Refer Section 4: Scope of Work clause 4.1 of RFP document RFP conditions shall prevail


4.1.1.12-a

NIC is offering bare metal virtual machines for staging the production environment to IBM to host MTS solution.

Virtual Machines are created using virtualization software provided by different OEMs. Since the virtual machines will be provisioned for by NIC, on the basis of sizing recommended by IA, will NIC provide IA specified virtual machines from specified OEMs or will NIC mandated virtual machines have to be used. This has impact on the licensing policy of different OEMs and hence is important to understand and have clarity upon.

The configuration of VMs provided by NIC cloud have been provided in the RFP


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4.1.1.12-h

The bidder would be required to conduct security audits for each module prior to go-live from an independent CERT-IN empanelled security auditor.

Please elaborate on security audit. This clause is self-explanatory. Please also refer response to query no 190


4.1.1.12 g

The bidder would be responsible for setting up the internal users system

The management of MTS and editing, final data upload etc. shall be managed from systems located in IBM Nagpur or bidders will be given space in NIC DC to run the console.

No Space will be provided in NIC DC, The management of MTS and editing, final data upload etc. shall be managed by bidder in coordination with IBM. NIC cloud team will provide a console to manage and install software on NIC cloud remotely


4.1.1.12

Installation, commissioning and roll-out of Hardware and Software

What are the hypervisors provided by NIC? At present, NIC cloud is using VMWare and HyperV hypervisors


4.1.1.13

c) Bidder should provision for a warm DR and DR would have 50% of DC infrastructure. DR will be provided through NIC cloud Meghraaj in a different geo-seismic zone than the DC.

We understand that 50% refers to topology and not capacity. Hence in DR, primary servers' capacity will be same as in DC, but there will be no HA . Is this understanding correct?

Bidder has to provide MTS application in high availability at the DC. However, at DR redundancy is not required.


4.1.1.13


Do you require DR infrastructure to be monitored when DC is operational?

Yes DR shall be monitored through DR management tool


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4.1.1.13


1. Our understanding is that DR will be 50% scaled down replica of DC in terms of infrastructure only but will have same software systems as in DC. Is this correct understanding? 2. When operating from DR, SLAs will not be applicable. Is this correct understanding?

Bidder has to provide MTS application in high availability at the DC. However, at DR redundancy is not required. Same SLAs will be applicable for DR however exclusions/ additions and modifications shall be discussed with successful bidder


4.1.1.14 g

The bidder would be required to quote a lump sum cost of scanning 2,00,000 pages

Pleas clarify the requirement is for scanning or for digitization (as mentioned in point (i). Please also provide an approximate size estimate of the documents to be scanned / digitized. Scanner for this purpose will be provided by the IBM or the bidder has to provide the same.



4.1.1.14-a

Currently digitized data is used in Ministry of Mines and IBM on a limited scale. Availability of legacy data is a key requirement for the successful implementation of the project. For the automated systems, the data would be required to be migrated to the new system.

We understand that IBM will be responsible for data collection and data availability. Please confirm

Yes. IBM will facilitate the collection of data for migration from State DMGs, which the bidder can migrate


4.1.1.17.1

System Administration Server Management and performance management is part of NIC's service SLA or bidder's responsibility.

Server management shall be taken care by NIC, however, bidder would be required to configure and manage the VMs. NIC will provide requisite access to bidder to install their own application performance monitoring tools over VMs.


4.1.1.20

Helpdesk support We understand that IBM will provide space for helpdesk at their premise with LAN,WAN and required network. Please confirm.

Please refer Section 4, Clause 4.1: Scope of Work (page 41)


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303. Organisation 9 Annexure A-III

- Consortium While the formation of consortium for bidding and execution purposes being allowed, the Eligibility Criteria for Consortium member have been diluted to a great extent. This will allow for non-reputed and small vendors to piggyback on reputed lead bidders and bid for the project. This may result in an inadequate Mine Tenement System being implemented that does not benefit the purchaser. Hence we propose that a) Consortium Members should also fulfill the minimum eligibility criteria in terms of Financial Turnover and Quality Certifications b) QCBS method for evaluation be adopted so as to offset consortium bidder inadequacies and non-standard solutions thru the selection process itself and allow for quality solutions to be evaluated on their merit

RFP condition shall prevail

304. Organisation 9 Annexure A-IV

Annexure A-IV

Earnest Money Deposit of INR 2,00,00,000/- (Rupees Two Crore Only)

The Eligibility Criteria for the single bidder is very stringent. Hence ONLY reputed and large IAs will be interested in bidding. Hence an additional deterrent in the form of such a high value of EMD is working to the disadvantage of all interested parties. We request that the EMD amount be reduced to INR 20,00,000/- (Rupees Twenty Lakh Only)


305. Organisation 9 Annexure A - VI

3.1 Online payment gateway system, Royalty, Transit pass, barcode system

Are all these systems to be integrated into MTS? Under state specific solution?

Yes, all these modules and their functionalities need to be incorporated in the design of the central MTS solution. Specific customisations may be required for each state. Please also refer response to query 267.


b) Data exchange interface with Port railways … others?

Is this state specific scope / requirement? Pls confirm.

Yes, these modules and their functionalities need to be incorporated in the design of the central MTS solution. Specific customisations may be required for each state. Please also refer response to query 267.


e) State Border check post Integration

How connectivity issue will be addresed by IBM? Is there any SLAs?

Connectivity is not in scope of the bidder and will be provisioned by IBM, wherever it is required for the functioning of the MTS solution


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2 : MTS Modul

es

It is required that the GIS module should seamlessly integrate with the other systems to allow exchange and sharing of data as per requirements.

Pls confirm if the proposed MTS system should be GIS(MAP) centric i.e tightly integrated with GIS?

Yes


2 : MTS Modul

es

Execution of concessions : Pay royalty DMF and NMET, Apply for pass, Issue transit passes for State Border check post Integration

Pls confirm are these requirement need to be fullfilled for the purpose of GO Live of the project.

Bidder should incorporate this functionality in the centralised system. IBM will facilitate the state specific customisation and integration with various states' system, wherever applicable.


2 : MTS Modul

es

Participate in auction for PL-CUM-ML and ML

Please elaborate the requirement of auction - is this online auction?

Auction is out of scope for the bidder for the MTS project. However, result of the selected concessionaires from the auction would need to be integrated into the MTS


2 : MTS Modul

es

Participate in auction for PL-CUM-ML and ML

Please elaborate the requirement of auction - is this online auction?



3.4 Interface / Adapters Interface to auto weigh bridge, state border check post, other Government offices seems to be a challenge. Most of these should come under state's scope. Need clarification on these. How much bearing does it have on the final implementation

Bidder should design the system to accept data feed from these systems through common data exchange mechanisms.


3.4 a) Interface / Adapters 1. What is the interface provided by the auto-weigh bridges to send data to MTS? And what will be the format and protocols in which data will be sent? 2. How many weighbridges could be there? What will be size of data per vehicle that will be sent to MTS?

1. Auto-weigh bridgeshall send data to MTS in common data exchange formats / protocols, as sought by bidder. 2. No of weighbridges can't be provided at this point in time and accurate no can be gathered during assessment and state specific customisation.


3.4 b) Interface / Adapters 1. Please provide details of the nature of data (structured / ununstuctured) that will be exchanged, and what interfaces, protocols etc. would these external system provide for this data exchange?



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Clause No.


2. Please provide some inputs on workload which can be factored for sizing.


3.4 c) Interface / Adapters 1. Please provide some details on use cases. 2. What type of data is expected to be exchanged with these systems? 3. What are the interfaces through which this data exchange will happen? 4. Please provide some inputs on workload which can be factored for sizing.

Please refer response to query no 313. Bidders are suggested to visit IBM office or any of the state DMGs to get more clarity on the current systems, processes, type of data, state readiness and workflow followed in the office


3.4 e) Interface / Adapters 1. Please provide some details on use cases. 2. What type of data is expected to be exchanged with these systems? 3. What are the interfaces protocols etc. through which this data exchange will happen? 4. Please provide some inputs on workload which can be factored for sizing for e.g. number of checkposts in each state, number of trucks passing through each in a day, volume of data recorded for each truck etc.

Please refer response to query no 313. Bidders are suggested to visit IBM office or any of the state DMGs to get more clarity on the current systems, processes, type of data, state readiness and workflow followed in the office


3.4 g) Core GIS components Ten types of map components are mentioned here. Please elaborate the no. of maps for each items that is to be digitized and incorporated into the MTS. This will help in assessing the effort of digitization, the server sizing, database sizing and storage sizing.

Bidder has to do assessment of inventory data and digitize as per requirement


3.4 g) State Governments will be providing geo-referenced cadastral maps compatible with NIC GIS platforms and maps.

Is it in the scope of Implementation agency(IA) to verify the compatibility between the maps provided by various sources/agencies and the corresponding attribute tagging in ordder to have seamless integration.

Yes


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3.1 a) This application has already been developed and needs to be integrated with MTS as per requirement.

Please provide technical details of this module which has been developed by NIC. What is the user interface platform, is this interface expected to open within MTS Portal or in a separate browser?

The bidders are suggested to visit IBM Nagpur office to gain better understanding of the existing applications



How is authentication handled by this module? Please refer response to Query No. 319



How will documents and registration data flow into MTS.




What are the interfaces exposed by this system for integration with MTS.




Will monitoring of this system in scope of EMS? If yes, please provide details of the servers on which deployed and platform (database OEM, .Net/J2EE/other) etc.



3.1 b) # 3 in diagram - apply for concession through bidding

Please elaborate the use case of bidding process. Bidding process / auction is out of scope of the bidder


3.1 b) # 5 "Others" Please clarify what is meant by "others" Refer Pg. No. 79: MTS modules


3.1 Transit

Pass Management

Trip sheet is scanned at the dispatch gate which would in turn update the registers and inventory level

Please clarify how will scanning of barcode update inventory level and registers.

Bidders are suggested to visit IBM office or any other State DMGs to gain better understanding of the existing processes and systems


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3.1 Transit

Pass Management

Trip sheet is scanned at the dispatch gate which would in turn update the registers and inventory level

How many dispatch gate would be there, and what would be the number of trucks passing through each in 24 hours. Is this uniform or peaks at certain time of the day?



3.1 Transit

Pass Management

In transit, flying squad / mining officer may verify Trip sheet details and consignment using the hand-held devices

1. How many hand-held devices could be there? 2. Can it be assumed that these devices will always be connected to the central MTS ? 3. Do you require mobile device security to be proposed?



3.1 d) This system has been developed by IBM. The selected IA would be required to look into the system and integrate with MTS or suggest improvements keeping in consideration that the look and feel changes should be kept minimalistic.

1. What is the requirement on its integration with MTS? 2. Please provide details on the interfaces available from this system to enable integration . 3. Will any data be exchanged with MTS? 4. What is the size of structured data and ununstructed data (attachments) that is submitted with the return? 5. What is the number of return filers? Are these return file monthly, quarterly or yearly? 6. What is the technology platform for this system?

Bidders are requested to visit IBM Nagpur to understand size of structured and unstructured data, number of return files, technology platform or any other details


3.1 f) Mining Plan Submission The system should be able to allow the concessionaires to submit the Mining Plans or schemes and

It is our understanding that the output files of these tools will be attached to workflows. Is this correct?

Yes.


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3.1 i) The system should be able to collate and interlink the production & data reports submitted by the concessionaires and exploration data & reports submitted by the exploration agencies like MECL and GSI to prepare or update the national mineral inventory database for India.

1. Please clarify whether this involves unstructured text also or only structured data. 2.Please provide some use cases so that solution can be designed appropriately. 3. Will any statistical analysis be done? If yes, how by how many users? 4. What will be format and volume of exploration data? Please give some examples.



3.2 Now the data would be required to be extracted from different sources like State Mining Departments, Concessionaires, Exploration agencies, DGCI&S and Mineral Intelligence databases. Different States have different nomenclature for the identification of the concessionaires and mines and may vary from the nomenclature followed by IBM. Also the data would be required to be verified and authenticated as per IBM policies and procedures.

1. Please provide details of data sources from states for e.g. number of databases per state, volume of data in each database, approximate number of tables per database database OEM etc. 2. Will this be one time migration or will data flow in frequently?

Please refer Annexure A-IX for more details


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3.3 a) a. Identity & Access Management

1. Is there any existing LDAP which will provide credentials, or will have to be integrated with? 2. We assume that only web based applications are in scope of Identity & Access Management solution, and there are no desktop based thick client applications which will have to be integrated with this. Is this correct?

1. Any LDAP requirement has to be provided by the bidder. 2. Yes. MTS shall be a web based application without any thick client


3.3 j) iii. Bidder to provide real time fraud and risk management including but not limited to behavioral analysis, key loggers, Trojans and should allow monitoring on transactions and raise alerts in case of suspicious activities as defined by the security policy of organization

Please elaborate the requirement of "...real time fraud and risk management including but not limited to behavioral analysis…" so that appropriate solution can be proposed.

Bidder to propose a solution to meet the minimum requirements stated in the RFP


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3.3 j) iv. Ability to provide performance configuration to enable agent configuration to be done from a central point of control using intuitive GUIs that provide a common look and feel across various platforms. Performance profiles could be defined in this GUI and using drag-and drop techniques (preferably), delivered to the various specified machines in the enterprise running performance agents. These agents could then dynamically reconfigure them to use the profiles they receive

This requirement is not clear. Please clarify so that appropriate solution can be proposed.

The requirement is self-explanatory

336. Organisation 9 Annexure A - VII

Current IT

Systems

Concessionaires ~ 13,000 Other users as per Rule 45 (including traders, stockists, etc.) ~ 150,000

How many of these s could be logged in MTS portal at any given business hour? These users will be authenticated on the portal using userid and password only. Is that correct understanding?

Refer Annexure A - VII: Current IT Systems: User Estimates


Current IT

Systems

Current IT Systems Please elaborate the current process of Transport permit issuance and how IBM interacts with State authorities (may be online) to issue the permits.

Bidders are requested to visit IBM office or state DMGs to get more clarity on the existing processes. Please also refer Corrigendum for revised list of states


Current IT

Systems

Other users as per Rule 45 (including traders, stockists, etc.)

What will be the interaction of these users with MTS? Will they visit only MTS portal for information? Or will they carry out any transactons also?

Other users will file their monthly and annual returns through MTS portal.


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339. Organisation 9 Annexure G-I

Payment

Hardware Rollout (M3)**10% of FC ** The purchaser will release 80% of total invoice value upfront for hardware supply, installation and commissioning after submission of hardware commissioning report. The hardware should be procured by the bidder adhering to the timelines stated for each milestone. The remaining 20% payment towards invoice value will be paid after satisfactory acceptance and scrutiny by the purchaser after solution go-live.

The payment terms is not clear. Will FC billing be done excluding the Hardware price which needs to be billed in 80% & 20% milestione as stated.

The payment terms are self-explanatory. Refer Annexure G-I: Payment clause 2 and 3 for further details.


Payment

No Payment Milestone for COTS (Commercial Off The Shelf) bought-out software

Since the Data Centre infrastructure (servers, network etc.) will be provided by NIC, the MAJOR cost component involved will be the COTS software that will form the base platform for MTS to run. All these COTS software will be provided by OEMs who demand 100% payment within 30 days of software delivery. Hence it is imperative that payment milestone for supplying software components be provided in the Payment Schedule. We propose the following schedule: a) 80% of the COTS software components' license prices shall be paid on supply of the corresponding licenses in the name of the purchaser



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b) 20% of the COTS software components' license prices shall be paid on Go Live of the system

341. Organisation 9 Annexure G - I

Payment

Variable Cost (VC) comprising of state specific cost and digitisation cost

How variable cost could be broken down for specific job?

The payment terms are self-explanatory. Refer Annexure G-I: Payment clause 2 and 3 for further details.

342. Organisation 9 Annexure B - XIV

Annexure B - XIV

Source Code Undertaking Form

We request deletion of this Form as source code cannot delegated or transferred


343. Organisation 9 Annexure E - I

Annexure E - I

Service Level Agreements We request that the total service levels that may be imposed shall not exceed 5% of the fees paid by the Purchaser to the IA in the month the service level default occurs. The supplier shall also be entitled to service earn backs. Imposition of service level credits shall be the exclusive remedy available to the Purchaser in case of service level default by IA.



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344. Organisation 9 Annexure F – I

Annexure F – I

Proforma for Earnest Money Deposit

We request addition of the following at the end of the EMD: Our liability under this bank guarantee shall not exceed Rs______/- (Rupees________________ only). This bank guarantee shall be valid upto ----------- We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only if you serve upon us a written claim or demand (and which should be received by us), on or before ----------before 14.30 hours (Indian Standard Time) whereafter it ceases to be in effect in all respects whether or not the original bank guarantee is returned to us


345. Organisation 9 Annexure F – II

Annexure F – II

Proforma for Bank Guarantee for Contract Performance

We request the following modifications to this form: a) The Contract Performance validity and requirement to be in line with our request mentioned at the beginning of the per-bid query list b) Addition of the following lines at the end of the form: This bank guarantee issued by ____________________Bank, on Implementation Agency in favor of you in respect of a new Contract dated________________. As communicated by Implementation Agency, on the date of execution of this bank guarantee an amount of Rupees ______________ (Rupees ______________________________ only) is outstanding and payable to Implementation Agency



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Clause No.


by you, in respect of pervious contracts between Implementation Agency and you. As communicated by Implementation Agency on the date of execution of this bank guarantee, there are no outstanding disputes related to any pervious contracts between Implementation Agency and you. Our liability under this bank guarantee shall not exceed Rs______/- (Rupees________________ only). This bank guarantee shall be valid upto ----------- We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only if you serve upon us a written claim or demand (and which should be received by us), on or before ----------before 14.30 hours (Indian Standard Time) whereafter it ceases to be in effect in all respects whether or not the original bank guarantee is returned to us.

346. Organisation 9 Annexure F – V

Annexure F – V

Pre contract Integrity Pact We request deletion of the following from the pact: Clause 6.1.6, 6.1.7 and clause 7


347. Organisation 9 FRS.GIS.001

1 Integration of Map Layers: The system should be able to integrate the map layers of the following sources with the base layer map:1) Regional Geological Layers – GSI2) Forest Layers – State Forest Department3) Satellite Images – NRSC

Is integration with further large scale maps (such as cadastral level, village level, district level) is in scope or not? Pls clarify.

It should be integrated with cadastral level GIS maps


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5 The system should be able to present the existing areas where concessions have been granted, notifications from State Government, green field and brown field areas, forest areas, exploration reports or data sources, tribal area, reserved areas,

Is the data entry in the GIS is in scope of Implementation agency where state does not have any GIS system in place?

Query is not clear


6 The system should be able to handle queries from the users for indicative components including minerals, notifications, concessions, concessionaires, green field and brown field areas, exploration reports or data sources

Do IBM need to have the response to these quesries in the form of MAP based output report? Pls confirm.

Yes


15 The MTS solution without GIS application developed for the initial phases should be capable of functioning independently. The bidder should be required to establish a workaround for the functionality during the initial phases.

Not clear how without GIS built in one can comply with all the GIS requirements mentioned in FRS document. For example GIS based tracking of concession application, area scrutiny , area identification. Request pls clarify.

In case GIS application is not implemented before Go-live, the concession area scrutiny would be done in an offline mode. The stages at which MTS solution would be required to be integrated are mentioned in table provide under clause 4.1.1.6.1. It is suggested that bidder should parallely start the GIS integration along with activities mentioned under Phase A of RFP.


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351. Organisation 9 New Clause

New Clause

Indemnity for infringement of intellectual property rights: Purchaser agrees that it shall at all times defend, indemnify and hold contractor harmless from any loss, claim, damages, costs, expenses, including Attorney’s fees, which may be incurred as a result of any action or claim (i) that may be made or initiated against the IA by any third parties alleging infringement of their rights arising out of any software, information, data, materials and other assistance provided by Purchaser to the IA under this contract (ii) resulting from any death or injury to any person or property of IA arising out of the use or possession of the equipment or location of the Purchaser by IA or its personnel.



New Clause

Non-exclusivity: IA shall be free to do similar business either for itself or for any other party or offer similar services to any third parties but without in any way affecting the services agreed to be offered by IA under this contract.



New Clause

Non-employment: Purchaser will neither offer to employ nor employ, directly or otherwise, any vendor employee, associated for the purpose of, or with the contract, during the period between the date of this contract and two years from the completion of the assignment arising herefrom.



New Clause

Entire Understanding: The contract to be executed by the parties hereto constitutes the entire understanding between the parties hereto with respect to the subject matter hereto and shall supercede and cancel all previous negotiations thereof. To the extent permitted by applicable law, a party is not liable to another party in contract or tort or in any other way for a



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representation or warranty that is not set out in the contract.

355. Organisation 9 Annexure I - II

Software Technical Specificati

ons

1(page - 3 of 44)

Document Management System

How many users do we need to consider for DMS (Document Management System) for Licensing, How many users will access DMS




ons

2 (page 11 of 44)

Business Process Management

How many users do we need to consider for BPM (Business Process Management) for Licensing, How many users will access BPM




ons

1(page - 3 of 44)


How many users do we need to consider for Record Management System (Record Admins and Record Users) , How many users will create record policies (record admin) and how many users will access the records (record users)




ons

1 - pt 6(page - 3 of 45)


How many physical documents need to be scanned and indexed

Please refer clause 4.1.1.14 Digitization, migration, cleansing and enriching of data from legacy systems


Software Technical

1 - pt 6(page - 3 of 45)


How many users will scan and index physical documents using Imaging / Scanning/ Indexing tool for Licensing

Initially, the bidders will be responsible for initially scanning and indexing the documents. Later, some users of the Purchaser would be responsible for scanning and indexing of documents.


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Clause No.


Specifications

360. Organisation 9 Annexure D - II: Bid

Evaluation

5.4 Table SL No.

6: Reporti

ng

All MIS reports as mentioned in Annexure A-I: Scope of Work and / or as agreed with the Purchaser Measurement Tool: SLA monitoring tool

Is this related to response time of the queries? If yes, please provide expected response time for simple, medium and complex queries.

The query and its reference are not clear


ons

Page 22, C14

Support link wizard and link integrity management

We understand that this feature will be used at the time of creation of content. Please confirm.

Yes, this is for the content being developed


ons

Page 23, C20

Ability to render all types of document formats in a page

Please provide list of document formats to be supported.

All the common document types for text and images including all formats proposed to be used in MTS


ons

Page 23, C24

The platform must be able to accommodate voting services

Our understanding is that you require a feature which can help the user to rate the page on a scale of say 1 to 5. Is that correct understanding?

Yes.


ons

Page 23, C27

Incoming content channels must be able to be configured independently of others and allow for automatic meta-tagging of content which will allow for categorising and future personalisation of content

In context of the overall functioning of MTS solution it is not clear how this requirement fits in. Please provide an example use case so that appropriate solution can be proposed. Request IBM to provide the estimated volume of the data. Does this data involve any mine specific data layers that needs to be inventories We also request IBM to clarify on the data formats. - Editors - Viewers

These are standard specifications for content management system. Bidders can gain more insight into the processes of MTS by visiting the IBM Nagpur or State DGM offices. The RFP provides the data volume and data types to be used for the MTS solution.


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Clause No.



ons

Page 24, C29

Incoming channels should be able to perform automated pre-production spell checking

Please provide an example use case. These are standard specifications for content management system. Bidders can gain more insight into the processes of MTS by visiting the IBM Nagpur or State DGM offices.


ons

Page 24, C31

Authoring functions should be context sensitive. For examples meta-tag order should be structured based off currently logged in author (e.g. Top 10 met-tags used)

Please provide an example use case of how it is going to be used in MTS solution.

These are standard specifications for content management system. Bidders can gain more insight into the processes of MTS by visiting the IBM Nagpur or State DGM offices.


ons

Page 24, C36

The system must support the ability to configure input forms including tools for assigning custom helpers, validation and business rules to input fields.

In context of Web content management feature, please provide few examples of business rules that would be used for input fields. How would those be different than validations?

This will be shared with the selected bidder during the time of UAT phase. At this phase, bidders are requested to visit IBM office or any state DMG to have an understanding

368. Organisation 10 4 4.1.1.8 The web site should have adequate security features enabled

As per best practice, the load balancer is required with inbuilt security features - SSL offloading, application firewall ,DDoS to protect the website and provide the high availability of web servers and improved performance. It is suggested that the software based load balancer is required on Virtual machine for high availability of web servers, performance and security.

NIC cloud provides hardware load balancer. Bidder may quote any additional component which is required for design of the system, to meet the SLAs.


The virtual load balancer should have layer4, layer7 load balancing, SSL offloading, caching ,compression, application firewall and IPv6 gold certified.

NIC cloud provides hardware load balancer. Bidder may quote any additional component which is required for design of the system, to meet the SLAs.


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370. Organisation 10 Additional Clause Business Perspectives/ Business-centric dashboards gives at-a-glance visibility to key operational initiatives that helps to centrally view all the metrics. Request you to add "The Solution should provide a centralized Dashboard that picks up relevant business metrics from the monitoring and service management solution"


371. Organisation 10 Additional Clause Request you to add "The support person should be able to interact with the end users through chat in built and add those chat transcripts in the ticket." This will help in the better and faster resolution of the ticket raised, as the support person will be able to chat in realtime.


372. Organisation 10 Additional Clause Kindly add "The system should have graphical interface to define,visualize and update ITIL processes"


373. Organisation 10 Additional Clause Request you to add "The support person should be able to interact with the end users through chat in built and add those chat transcripts in the ticket." This will help in the better and faster resolution of the ticket raised, as the support person will b


374. Organisation 10 MTSRFP Document As per the tender application will be deployed in cloud, we recommend to have Encryption mechanism deployed for securing the sensitive data in the application as well in Database. There should be mechanism of securing the data in cloud i.e. virtual instances and volumes, due to the fact that it becomes easier for anyone to copy/move the entire virtual system in virtualized environment. We recommend to have FIPS certified Enterprise Encryption and Key management appliance, capable of securing the Data at different points. What security measures are for securing Confidentiality of data while in database,

Bidders are suggested to include the appropriate security tools and techniques in their bids, to meet the security requirements and SLAs mentioned in the RFP.


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application and Cloud? Absence of which can make the system vulnerable for Data Breach.

375. Organisation 10 MTSRFP Document Page 47/4.1.1.6.6(4)

What kind of two factor authentication is asked for? How many number of users will be using two factor authentication mechanism?

Please refer Clause 4.1.1.6.6 (Page 48, point (b) and Page 50, Point 2 in the table)

376. Organisation 10 Digitization,

migration, cleansing

and enriching of data

from legacy

systems

4.1.1.1

4 Page no 59

On Digitization requirements

We understand that less paper initiative is key requirement of project and so there will be 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"

Bidders are suggested to provide appropriate solution based on the leading practice and requirements mentioned in RFP.

377. Organisation 10 Enterprise Workflow Managem

ent

Clause no 3.3, Page

91

On workflow requirements

Understanding the scale of the project and future needs we strongly believe that the desired workflow system should have inbuilt graphical drag and drop based form designer for easier and faster design of business forms, so that no hard coding is required while incorporating process/form level changes in the future. therfore, we request you to include the following



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specification to ensure best of breed solution: The required BPM solution for the Workflow Management system should be BPEL based Service Oriented Architecture. So please ensure that a BPM based system which should complies to workflow standards such as BPMN, BPEL, WFMC is required for automation of workflows Is our understanding Correct?


ent

Clause no 3.3, Page

91


As we understand that you require a scalable and standard solution for Workflow , so based on our experience of working with various PSU's and Government department we recommend that following should be included in eligibility criteria : a. Proposed product should have more than 100 installations of which at least 5 should be in Indian Government / PSU’s b. Product should have at least one live implementation site in Indian with more than 1 crores document archived in document management repository as well as having user base of more than 250 concurrent users. c. The proposed solution should be platform independent and should support both Linux and Windows platform. d. The proposed DMS and Workflow management system should be from same vendor so that applications are seamlessly integrated


379. Organisation 10 Document Mangement system

Point no 2,

Document

Management System

On Document management system

We suggest to incorporate the following specifications for the Proposed Document Mangement system: The Proposed DMS system should be platform independent on the server side which means it should support Windows, Linux and Unix environment in virtulised and non virtulised environment on the server side.



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Clause No.













Please refer response to Query No.372




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386. Organisation 11 MTSRFP Document As per the tender application will be deployed in cloud, we recommend to have Encryption mechanism deployed for securing the sensitive data in the application as well in Database. There should be mechanism of securing the data in cloud i.e. virtual instances and volumes, due to the fact that it becomes easier for anyone to copy/move the entire virtual system in virtualized environment. We recommend to have FIPS certified Enterprise Encryption and Key management appliance, capable of securing the Data at different points. What security measures are for securing Confidentiality of data while in database, application and Cloud? Absence of which can make the system vulnerable for Data Breach.








from legacy

systems

4.1.1.1

4 Page no 59





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Clause No.



ent

Clause no 3.3, Page

91


Understanding the scale of the project and future needs we strongly believe that the desired workflow system should have inbuilt graphical drag and drop based form designer for easier and faster design of business forms, so that no hard coding is required while incorporating process/form level changes in the future. therfore, we request you to include the following specification to ensure best of breed solution: The required BPM solution for the Workflow Management system should be BPEL based Service Oriented Architecture. So please ensure that a BPM based system which should complies to workflow standards such as BPMN, BPEL, WFMC is required for automation of workflows Is our understanding Correct?



ent

Clause no 3.3, Page

91





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Clause No.



Point no 2,

Document

Management System


We suggest to incorporate the following specifications for the Proposed Document Management system: The Proposed DMS system should be platform independent on the server side which means it should support Windows, Linux and Unix environment in virtulised and non virtulised environment on the server side.













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398. Organisation 11 MTSRFP Document As per the tender application will be deployed in cloud, we recommend to have Encryption mechanism deployed for securing the sensitive data in the application as well in Database. There should be mechanism of securing the data in cloud i.e. virtual instances and volumes, due to the fact that it becomes easier for anyone to copy/move the entire virtual system in virtualized environment. We recommend to have FIPS certified Enterprise Encryption and Key management appliance, capable of securing the Data at different points. What security measures are for securing Confidentiality of data while in database, application and Cloud? Absence of which can make the system vulnerable for Data Breach.






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Clause No.





from legacy

systems

4.1.1.1

4 Page no 59





ent

Clause no 3.3, Page

91


Understanding the scale of the project and future needs we strongly believe that the desired workflow system should have inbuilt graphical drag and drop based form designer for easier and faster design of business forms, so that no hard coding is required while incorporating process/form level changes in the future. therfore, we request you to include the following specification to ensure best of breed solution: The required BPM solution for the Workflow Management system should be BPEL based Service Oriented Architecture. So please ensure that a BPM based system which should complies to workflow standards such as BPMN, BPEL, WFMC is required for automation of workflows Is our understanding Correct?



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Clause No.



ent

Clause no 3.3, Page

91





Point no 2,

Document

Management System


We suggest to incorporate the following specifications for the Proposed Document Mangement system: The Proposed DMS system should be platform independent on the server side which means it should support Windows, Linux and Unix environment in virtulised and non virtulised environment on the server side.


404. Organisation 11 MTS/01/2015-

16/CCOM

What security measures are for securing Confidentiality of data while in database, application and Cloud? Absence of which can make the system vulnerable for Data Breach.

As per the tender application will be deployed in cloud, we recommend to have Encryption mechanism deployed for securing the sensitive data in the application as well in Database. There should be mechanism of securing the data in cloud i.e. virtual instances and volumes, due to the fact that it becomes easier for anyone to copy/move the entire virtual system in virtualized environment. We recommend to have FIPS certified Enterprise



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Clause No.


Encryption and Key management appliance, capable of securing the Data at different points.

405. Organisation 12 Page 47/4.1.1.6.

6(4)

2 factor authentication What kind of two factor authentication is asked for? How many number of users will be using two factor authentication mechanism?


406. Organisation 13 4.1.1.17.3 Database

administration page

64

Use of DBA

tools to perfor

m databa

se creatio

n, maintenance,

and databa

se monito

ring related tasks.

Does Database Automation refer to tools provided by OEM? Or it refers to a solution that can work across multiple vendor solution?

Bidder should procure a solution that can work across multiple database make and models. This will ensure maximum ROI and extensibility of solutionfor future databases introduced in the environment

The activity mentioned is part of Database Monitoring & management. IBM is not looking for any specific database


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Clause No.


407. Organisation 13 4.1.1.18.1 Data

center Operations through NIC cloud, page 65

Prepare a list of equipment, software and configuration installed in the datacenters and the same shall be approved by the CMC. Bidder shall maintain and modify the list in accordance to the modifications. Does it refer to manual creation of the IT Asset List or Bidder is expected to procure and implement an automated Asset Inventory Solution?

Bidder should procure required number of licenses for IT Asset and inventory Solution. As manual process is error prone, tedious and not trusted. The Solution should cover all IP enabled products like Network, Servers, Workstations, printers as well as software.

The RFP mentions the minimum requirements, bidders are free to propose tools as per the leading practices

408. Organisation 13 4.1.1.19 AMC for

ICT infrastructure page

66

b) The bidder should track the Warranty and AMC for all the assets at the office locations and initiate procedure for renewal of the same at appropriate points in time. Is this a manual activity or information and process will be defined in Service Management Platform Bidder should ensure Service Management platform is used to capture AMC details and track it through system and not manual or excel format.

The minimum specifications of software required, including the Business Services Management tool have been provided in the RFP.

409. Organisation 13 4.1.1.21 Handholdi

ng and training page 66

Provide technical support to the State Departments teams to use the interfaces or entire modules

Bidder should procure training modules or solution from Solution vendor that can be used by department later and customized as per needs. This solution can include presentations, simulations and demo videos to ensure tool adoption among its staff and users. Can the bidder propose Adoption Readiness Training modules for solutions procured from OEM

Minimum specifications are stated in the RFP. Bidders may propose solutions with additional functionalities / features.


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410. Organisation 13 4.1.1.4.10 page 44

. Bidder should procure a solution to provide Intelligent search,Guided troubleshooting, Visual analytics, Automated log analytics, Predictive analytics, Content framework,Big data store Message Log Interpretation is manual or Automated? Is it expected from bidder to procure Log Analytics Solution?

IBM is not looking for any specific tool for log analysis

411. Organisation 13 4.1.1.17.1 System

Administration page

63

Bidder should procure a solution to provide Intelligent search,Guided troubleshooting, Visual analytics, Automated log analytics, Predictive analytics, Content framework,Big data store Log Analysis is manual or Automated? Is it expected from bidder to procure Log Analytics Solution? e) Regular analysis of events and logs generated in all the sub systems including but not limited to servers, operating systems, databases, applications, messaging, etc. Bidder shall undertake actions in accordance with the results of the log analysis. The system administrators shall also ensure that the logs are backed up and truncated at regular intervals.

IBM is not looking for any specific tool for log analysis


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None Helpdesk support Helpdesk should provide modern data analysis methods for insight and value to service desk by leveraging unstructured as well as structured data Values and benefits • Simple incident and service request submittal • Fast classification • Instant visualization of problem areas • Quick time-to-value Request department to consider following functionality of Helpdesk Solution should allow for a Smart Ticket feature to quickly submit a Service Desk ticket by just entering a description or attaching a screenshot. Solution should intelligently populate other fields such as category or affected services by extracting and analyzing the content that you entered in the ticket



None Helpdesk support Helpdesk should provide modern data analysis methods for insight and value to service desk by leveraging unstructured as well as structured data Values and benefits • Simple incident and service request submittal • Fast classification • Instant visualization of problem areas • Quick time-to-value Request department to consider following functionality of Helpdesk Helpdesk should provide a Hot Topic Analytics feature and should intelligently display an interactive diagram indicating the hot topics among recent incidents so that users can easily discover incident trends and their relative impacts, and identify problem candidates.



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None UAT The user acceptance testing should provide the detailed report and test case coverage from end to end w.r.t end user. This will help in multiple role based execution and report. Request department to consider the industry standard and certified test automation tool for functional testing. This will help for better quality software for end user use.

Performance testing shall be done by third party STQC & CERT-IN empanelled auditors and hence IBM is not looking to procure any tool for the same.


None UAT The performance testing should provde the analysis report which would provide the time consumptions duirng the transactions. This includes the time taken from client to server and multiple layer reports with page breakdown. Request department to consider industry certified performance testing tool to ensure the application stability. The automation tool should provide detailed report including the server, client, and end to end transaction report.

Performance testing shall be done by third party STQC & CERT-IN empanelled auditors and hence IBM is not looking to procure any tool for the same.

416. Organisation 14 Annexure A-IV

- Earnest Money Deposit The Eligibility Criteria for the single bidder is very stringent. Hence ONLY reputed and large IAs will be interested in bidding. Hence an additional deterrent in the form of such a high value of EMD is working to the disadvantage of all interested parties. We request that the EMD amount be reduced to INR 20,00,000/- (Rupees Twenty Lakh Only)


417. Organisation 14 3 3.2 Contract Performance Security

Contract Performance is a factor of both the third-party components (software & hardware) as well as the system developed by the IA. No Third-party OEM is agreeable to submit Performance Security. Hence the entire burden falls on the IA to furnish Performance Security for the entire project and valid for a period of 60 days beyond contract period. We propose that in order to make this project



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viable and reduce financial strain on the IA, the requirement of Performance Security be divided up between Implementation Period and each subsequent year of Operation & Maintenance. This translates to the following: a) One Performance Security Bank Guarantee of 10% of the Implementation Cost (Fixed Cost excluding the Operations & Maintenance Support) to be provided by successful bidder within 15 days of order finalization. This guarantee to remain valid till Go Live of the project and to be returned to IA after IA issues the Operation & Maintenance Performance Security Bank Guarantee for the first year of such service b) IA to issue yearly Performance Bank Guarantee of 10% of the Operation & Maintenance Cost for each year of support and customer to return preceding year's Bank Guarantee after IA issues the Bank Guarantee for the subsequent year.


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418. Organisation 14 14 14.5 Evaluation criteria to be adopted will be as follows: * Minimum 70% qualification marks overall and 50% for each of the four sections is required in the Technical Evaluation qualification * L1 i.e. the lowest evaluated responsive financial bid to be selected for award of contract

This is a project of national importance and if successfully implemented, will usher in a new era for Indian Mining Industry. Hence it is imperative that the IA selection process be meticulous and decision taken on the basis of a graded approach that consideres technical as well as financial scores and follows the scientific and currently-used mechanism of Quality and Cost Based Selection (QCBS) process. The suggested approach is as follows: TECHNICAL RANKING After the technical scoring is complete, under QCBS methodology, the purchaser shall rank each technically qualified bidder as follows: ST = T/Tm where: ST = Technical rank of the Technical Proposal being evaluated T = Technical Score received by the bidder whose Technical Proposal is being evaluated Tm = Technical Score of the highest ranked Technical Proposal and will notify, in writing, to such bidders for opening of Financial Proposals. PRICE BID EVALUATION (make this a separate clause) Under QCBS, to allow comparison on a common basis, each Financial Proposal, of bidders who qualify in the above technical scoring, will be carefully scrutinized and an Estimated Total Price (ETP) will be determined. The score for each of the Financial Proposals will be inversely proportional to its ETP and will be computed as follows: SF = Fm/F where: SF - financial score of the Financial Proposal being evaluated



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Fm - the ETP of the lowest priced Financial Proposal F - ETP of the Financial Proposal under consideration FINAL EVALUATION & SELECTION (make this a separate clause) Following completion of Technical and Financial Proposals, the final ranking of the proposals will be determined. This will be done by applying a weightage of 0.7 (70%) and 0.3 (30%) to the technical and financial score respectively of each evaluated qualifying Technical and Financial Proposal and then computing the relevant combined score for each bidder. S = ST * 0.70 + SF * 0.30 Final Ranking (F) = 100 * S


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419. Organisation 14 Annexure A-III

- Consortium While the formation of consortium for bidding and execution purposes being allowed, the Eligibility Criteria for Consortium member have been diluted to a great extent. This will allow for non-reputed and small vendors to piggyback on reputed lead bidders and bid for the project. This may result in an inadequate Mine Tenement System being implemented that does not benefit the purchaser. Hence we propose that a) Consortium Members should also fulfill the minimum eligibility criteria in terms of Financial Turnover and Quality Certifications b) QCBS method for evaluation be adopted so as to offset consortium bidder inadequacies and non-standard solutions thru the selection process itself and allow for quality solutions to be evaluated on their merit



Payment

Hardware Rollout (M3)**10% of FC ** The purchaser will release 80% of total invoice value upfront for hardware supply, installation and commissioning after submission of hardware commissioning report. The hardware should be procured by the bidder adhering to the timelines stated for each milestone. The remaining 20% payment towards invoice value will be paid after satisfactory acceptance and scrutiny by the

The payment terms is not clear. Will FC billing be done excluding the Hardware price which needs to be billed in 80% & 20% milestone as stated.



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purchaser after solution go-live.


Payment

No Payment Milestone for COTS (Commercial Off The Shelf) bought-out software

Since the Data Centre infrastructure (servers, network etc.) will be provided by NIC, the MAJOR cost component involved will be the COTS software that will form the base platform for MTS to run. All these COTS software will be provided by OEMs who demand 100% payment within 30 days of software delivery. Hence it is imperative that payment milestone for supplying software components be provided in the Payment Schedule. We propose the following schedule: a) 80% of the COTS software components' license prices shall be paid on supply of the corresponding licenses in the name of the purchaser b) 20% of the COTS software components' license prices shall be paid on Go Live of the system


422. Organisation 14 4.1.1.6 Development

/ Integration /

Customization of MTS

Geographical Information System (GIS)

There is no mention of Geographical Information System (GIS) software in the list and it is also missing from the Technical Specifications. GIS software will be one of the pillars of this project and there needs to be mention of the same including the specifications in the tender.



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Core Solutio

n

423. Organisation 15 33. Consortium

33.3. Consortium In case of Consortium, both the Lead Bidder and the consortium member should necessarily satisfy the applicable eligibility criteria as mentioned in “Annexure A- III Eligibility Criteria”.


424. Organisation 15 35.15. Escrow

The purchaser reserves the right to demand from IA to deposit the source code, object code and documentation pertaining to the development of MTS in an escrow account.

Please confirm who would bear the cost (if applicable) towards maintain of Escrow Account 1. Please confirm the location of Data Center 2. We understand cost of procurement would be borne by the Department. Please confirm the same.

1. DC and DR will be provided on NIC cloud. Location of the DC and DR should be immaterial. 2. Yes, IBM will provide the cost for maintaining Escrow account

425. Organisation 15 Digitization, migration, cleansing and enriching of data from legacy systems

Please elaborate on the sizing of data to be migrated or digitized for the purpose of implementation.

Refer clause 4.1.1.14: Digitization, migration, cleansing and enriching of data from legacy systems

426. Organisation 15 4.1.1.6 Developm

ent / Integratio

n / Customiza

tion of MTS Core Solution

Bidder should implement quality standards like o CMMI Level 5 o ISO 20000 o ISO 27001 o ISO 9001

Request for rephrase of the clause as : Bidder should implement quality standards like o minimum CMMM Level 3 o ISO 20000 o ISO 27001 o ISO 9001



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427. Organisation 15 4.1.1.6.6 6 The bidder should provide the end users with a compatible native mobile application for the following indicative scenarios for leading mobile platforms like android, iOS, windows, etc.:

Please confirm who would bear the cost towards creating account on the respective Apps store and, hosting

App store is the repository of DeitY which appstore bidder is referring

428. Organisation 15 4.1.1.6.6 6 The bidder should use the DSC for submission of returns and notices

We believe the department would bear the cost of procurement of Digital Signature. Please confirm on the same.

The purchaser would procure DSC signatures

429. Organisation 15 4.1.1.6.6 6 The selected bidder will also provide Tablets wherein all applications should be configured

Please confirm how many numbers of tablets are to be procured and who will bear the cost for the same.

Refer Annexure J: Financial Formats : Table A: Office Hardware

430. Organisation 15 4.1.1.8 Development of MTS

Portal

c The web site should have multi-lingual feature for all the major mineral States

Does this mean along with Hindi and English the solution would need to support the regional languages of the state in which it will be implemented.

In the current RFP, only English and Hindi will be considered for website development.

431. Organisation 15 NA NA Request for New clause to be added

Lead Bidder or its consortium partner should have designed, develop, implement & roll-out at least one project in the Mines or Minerals sector.


432. Organisation 16 4.1.1.2 4.1.1.2.1

Assessment of GIS Inventory availability

We understand that this assessment will be at IBM Nagpur only. Kindly confirm

Yes



Since this is a GIS based MTS solution, request IBM to include GIS as part of Bill of Material and provide Specifications for the same.



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434. Organisation 16 General - End users We request IBM to provide an approximate number of users using the GIS system.

RFP provides the total number of users for the MTS system. The bidder is expected to understand the system and work out the expected number of users for individual systems.


Pt. 2 c. Software solutions (COTS and bespoke) for the functionalities required

We request IBM to provide more clarity and elaborate on the GIS functionalities required for the MTS Solution and intended workflows. This is required to arrive at the COTS GIS modules required

The RFP and FRS provide the functionalities required from GIS

436. Organisation 17 Sec 3.1 b Process of concession management, applicant must fill online form

Concessionaire would be expected to save a copy of the form in offline mode in case internet disconnect.

Yes

437. Organisation 17 Sec 3.1 c Transit pass mgmttripsheet is scanned which would in turn update registers and inventory levels

Can the update to the existing levels of inventory be captured manually and appropriately updated against the MTS db once data is transferred to the MTS DB server

The requirement is self explanatory

438. Organisation 17 Sec 3.1 j item iv Performance Configuration to enable agent configuration to be done from a central point of control. Performance profiles could be defined in the GUI using drap and drop technique, delivered to the various specified machines in the enterprise running agents

What kind of performance profiles to be defined The requirement is self explanatory

439. Organisation 17 sec 5.2 point 1 Target SLA is given at minimum 99.9% during prime business hours and minimum 98% uptime measured on a weekly basis.

How can all modules have that kind of availability requirements. Also per the requirement the escalation to next level of severity should result in even increase in SLA target. However that’s the case. Example: Severity 6 SLA is lesser that Severity 4

RFP conditions shall prevail. Query not clear


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440. Organisation 17 sec 4.1.1.6 Compatible native mobile applications for leading mobile platforms

Can we consider mobile compatible web applications using Responsive Web design viewed through mobile browser


441. Organisation 17 Annexure A -Present ICT System

4 The following systems (MCAS, RAS, MC, Registration, Online returns) to be assessed by the bidder and integrated to MTS or redesigned / reengineered

Are there any existing Webservices interfaces exposed by these applications

Bidder can visit the IBM Nagpur office for more clarity on existing applications

442. Organisation 17 Functional Requireme

nt

FRS.EXC.025

Weighbridges to check the weight of the vehicles at checkpost and link it to transit pass

Can the transit pass which has a barcode be verified by the reader and compared with the weight of the truck and entered manually on the trip sheet


443. Organisation 17 General What will be provided by NIC in terms of infra, support

RFP is clear about NIC cloud infrastructure to be provided. Query is not clear

444. Organisation 17 General Who will provide patches, test the infra NIC will provide requisite patches for the components provided by it in the datacentre. NIC will also provide requisite access to the bidder for running patches on to the MTS system.

445. Organisation 17 General What are the expectation on quality standards since a multiple quality standards are given. Are there any specific areas where each quality standard needs to match

Bidder is expected to follow the appropriate standards wherever applicable

446. Organisation 17 General Can Dev and Test be hosted on NIC cloud to avoid overhead of migration from onpremise to cloud


447. Organisation 17 General What is the role and responsibilities of the auditor. Need more clarity over and above what is given in the RFP

Auditors would perform Security Audit, Performance audit etc

448. Organisation 17 General The sizes are the pages which needs to be scanned (A4,A3 ..), are they sub sectioned into various forms – eg form A, form B



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449. Organisation 17 General Can helpdesk be developed as an open source? Helpdesk has to be part of EMS

450. Organisation 17 General Can four to five samples of digital signature be shared

Class II and III Digital signatures issued by CAs in India

451. Organisation 17 General Can we put an application on weighbridge which will synchronize the data as and when it connects to the internet and send information to the server ?

Weigh bridge system is not a part of this RFP. MTS system should be designed to consume information from the weigh-bridge in the standard data exchange formats.

452. Organisation 17 General who will provide patches, test the infra Please refer response to Query No. 444

453. Organisation 17 General Should the map services be OGC compliant Yes

454. Organisation 17 15 Effective Date shall have the same meaning ascribed to it in Annexure A-II Clause 6: Timelines, milestones and deliverables

There is no Effective Date mentioned in Clause 6. Please ensure that the Effective Date is defined as the date of execution of the contract or later.

Effective date is the date of signing of contract with the selected bidder

455. Organisation 17 15 An arrangement that provides for the regular deposit of all source code, object code, and documentation with respect to all material pertaining to development of MTS into escrow account by the bidder

Request to delete this definition. We cannot agree to deposit all our proprietary material in the escrow agreement. Neither will the third party software owners agree to place their source code and other IPR in escrow.



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456. Organisation 17 18 11.4 Bidder shall carry out the design of the solution and sizing of the infrastructure needed in accordance with the requirements of the Purchaser. If during detailed planning any upward revisions of the specifications given in the Bid Document are to be made to meet the requirement of bid documents; all such changes shall be carried out within the contract price without any impact to Purchaser.

Request customer to modify-Bidder shall carry out the design of the solution and sizing of the infrastructure needed in accordance with the requirements of the Purchaser. If during detailed planning any upward revisions of the specifications given in the Bid Document are to be made to meet the requirement of bid documents; all such changes shall be carried out within the contract price without any impact to Purchaser in accordance with the change control procedure mentioned in the contract.


457. Organisation 17 18 11.6 The Financial Bid should clearly indicate the price to be charged without any qualifications whatsoever and should include all taxes, duties, fees, levies, works contract tax and other charges as may be applicable in relation to the activities proposed to be carried out. It is mandatory that such charges wherever applicable/payable should be indicated separately in Annexure C-II: Break-up of Cost Components. However, should there be an increase in the government taxes; the

Requst customer to modify-The Financial Bid should clearly indicate the price to be charged without any qualifications whatsoever and should include all taxes, duties, fees, levies, works contract tax and other charges as may be applicable in relation to the activities proposed to be carried out. It is mandatory that such charges wherever applicable/payable should be indicated separately in Annexure C-II: Break-up of Cost Components. However, should there be an increase in the government taxes; the same would be paid to the bidder. Similarly any benefits arising due to reduction of the tax rates should be passed on to Purchaser. Also if any new Tax is introduced, an existing Tax is abolished, or any change in interpretation or application of any Tax occurs in the course of the performance of the Contract, which was or will be assessed on the Supplier, its Subcontractors, or their employees in connection with performance of the Contract, an equitable



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same would be paid to the bidder. Similarly any benefits arising due to reduction of the tax rates should be passed on to Purchaser.

adjustment to the Contract Price shall be made to fully take into account any such change by addition to or reduction from the Contract Price, as the case may be.

458. Organisation 17 18 11.7 Purchaser reserves the right to review and negotiate the pricing model and charges payable for the MTS Operations and Maintenance at the beginning of each contract year or at any time considered appropriate by the Purchaser, to incorporate downward revisions, as applicable and neces

Requst customer to modify-Purchaser Either party reserves the right to review and negotiate the pricing model and charges payable for the MTS Operations and Maintenance at the beginning of each contract year or at any time considered appropriate by the Purchaser parties, to incorporate upward/downward revisions, as applicable and necessary.



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459. Organisation 17 21 18.3 In case of exigency, if Purchaser gets the work done from elsewhere, the difference in the cost of getting the work done will be borne by the successful Bidder.

In case of exigency attributable to IA’s default, if Purchaser gets the work done from elsewhere, the difference in the cost of getting the work done will be borne by the successful Bidder.Provided that the above clause shall be subject to the condition that any excess cost due to Risk Purchase that will be recovered from Bidder due to any such reason shall not exceed by more than 10% of the price / rates quoted. .


460. Organisation 17 21 19.3 Purchaser reserves the right to amend / modify any of the terms and conditions in relation to the Contract / Service Specifications and may issue any such directions which are not necessarily stipulated therein if it deems necessary for the fulfillment of the Schedule of Requirements.

Request existing claue to be substituted with: Any amendment or modification to any of the terms and conditions of the Contract, Service Specifications will be effective only on the execution of an amendment signed by both the Parties.

No such conditions are present in current RFP document

461. Organisation 17 18 20.2 The IA will be required to handover the following indicative list: a) Source Code and executable files b) User role and configurations including administration and root credentials c) Project related technical, functional and operational documentation d) Training manuals for all the functional module management, software

Delivery and pre sales team to confirm on this. Delivery to confirm what Source Code is involved and whether we can share the same with Purchaser. If its source code of a third party software, then unless agreed to by such third party software provider, we cannot agree to provide any source codes.



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system administration & maintenance, hardware support, maintenance & operations

462. Organisation 17 22 21 As per Draft Following to be added as Clause 21.4: Excluding a regulatory/statutory requirement, if any, nothing in this Agreement shall be construed or interpreted as requiring Implementation Agency to provide to Purchaser access to or right to inspect, examine, audit and take copies of any fees, price, cost or any other financial information or any records or documents relating to the make-up of the Implementation Agency’s internal overhead calculations, their relationship to the fees, any financial cost model, calculation of fees or to the Implementation Agency’s profitability or other such financial data. Any audit to be conducted by the Purchaser shall be with not less than 30 days prior written notice. The frequency of such audits shall not, under any circumstances, exceed once in a financial year.



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463. Organisation 17 21.4.3 The IA shall ensure that while it uses any software, hardware, processes or material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the IA shall keep Purchaser indemnified against all costs, expenses and liabilities howsoever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the IA during the course of performance of the Services.

The IA shall ensure that while it uses any software, hardware, processes or material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the IA shall keep Purchaser indemnified against all costs, expenses and liabilities howsoever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any third Party's Intellectual Property Rights by the IA during the course of performance of the Services.


464. Organisation 17 21.7.1 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. Bidder will declare all its pre-existing

All IPR including the source code and materials developed or otherwise obtained independently of the efforts of a party under this Agreement and/or those which are owned by the Implementation Agency on the date of execution of this Agreement (“pre-existing work”) including any enhancement or modification thereto shall remain the sole property of that party. Bidder will declare all its pre-existing work which it proposes to use in this project beforehand with reference to the solution modules proposed as per the Annexure I-1: Functional Requirements Specifications.



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work which it proposes to use in this project beforehand with reference to the solution modules proposed as per the Annexure I-1: Functional Requirements Specifications.

465. Organisation 17 21.7.2 IA shall grant to the Purchaser perpetual license to use, reproduce and modify any of its pre-existing work provided to the Purchaser for the performance of such services during the contract period and thereafter. Except as may be otherwise explicitly agreed to in a statement of services, the IA should grant the Purchaser a perpetual license to use the pre-existing work in the form delivered to Purchaser as part of the service or deliverables for operations of the Purchaser.

IA shall grant to the Purchaser a non exclusive perpetual license to use, reproduce and modify any of its pre-existing work provided to the Purchaser for the performance of such services during the contract period and thereafter. Except as may be otherwise explicitly agreed to in a statement of services, the IA should grant the Purchaser a perpetual license to use the pre-existing work in the form delivered to Purchaser as part of the service or deliverables for operations of the Purchaser.


466. Organisation 17 21.8 As per Draft Request to delete this as we cannot agree to such a restriction.



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467. Organisation 17 25 26.1 As per draft IA is required to perform only those activities which is specifically mentioned in the contract, Any additional activities required to be done shall be passed through change request mechanism.

Refer Clause 26.2 of the RFP document

468. Organisation 17 24 25.5 The IA shall be liable to fully recompense Purchaser for any loss of revenue arising from breach of confidentiality. Purchaser reserves the right to adopt legal proceedings, civil or criminal, against the IA in relation to a dispute arising out of breach of obligation by the IA under this clause.

The IA shall be liable to fully recompense Purchaser for any loss of revenue arising from breach of confidentiality. Purchaser/IA reserves the right to adopt legal proceedings, civil or criminal, against the IA Other in relation to a dispute arising out of breach of obligation by the IA under this clause. Request to add: The obligation of confidentaility shall surive termination/expiry of contract Agreement for a period of 3 years after termination/expiry of the contract Agreement


469. Organisation 17 26 26.3.3 If Purchaser accepts the implementation of the change order in writing, then IA shall commence to proceed with the relevant work stipulated in the change order pending final agreement between the parties with regard to adjustment of the Contract Price and the Implementation Schedule

Requst customer to modify-If Purchaser accepts the implementation of the change order in writing, then IA shall commence to proceed with the relevant work stipulated in the change order pending post final agreement between the parties with regard to adjustment of the Contract Price and the Implementation Schedule


470. Organisation 17 26 27 27.1. Purchaser will have the option to increase or decrease the size of the dedicated and exclusive resources deployed, at any time during the contract period.

27.1. Purchaser will have the option to increase or decrease the size of the dedicated and exclusive resources deployed, at any time during the contract period, subject to the execution of a valid Change Order.

Please also read clause 27.2, 27.3, 27.4 and 27.5 of RFP document


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471. Organisation 17 26 28.1 The IA shall, if ordered in writing by Purchaser’s Representative, temporarily suspend the works or any part thereof for such a period and such a time as ordered. The IA shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Works as aforesaid.

The IA shall, if ordered in writing by Purchaser’s Representative, temporarily suspend the works or any part thereof for such a period and such a time as ordered. The IA shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Works as aforesaid. The IA shall be entitled to claim compensation for resources remaingidle,for any loss or damage sustained by him by reason of suspension caused for any reason other than suspension caused due to default of IA


472. Organisation 17 26 28.2 As per RFP 8.2 to be deleted. RFP conditions shall prevail

473. Organisation 17 25 34.1 34.1.1. In the event that either Party believes that the other Party is in Material Breach of its obligations mentioned in this RFP, ________"

Requst customer to modify- 34.1.1. In the event that either Party believes and proved that the other Party is in Material Breach of its obligations mentioned in this RFP, ________"


474. Organisation 17 28 34.5 Purchaser is not liable to pay the IA any of the following in the event of termination of work by the IA: i) any charge for Services IA provided and any Deliverables and/or system (or part thereof) IA delivered prior to termination, AND

Requst customer to modify- Purchaser is not liable to pay the IA any of the following in the event of termination of work by the IA persuant to clause 34.1: i) any charge for Services IA provided and any Deliverables and/or system (or part thereof) IA delivered or ready for delivery within 90 days prior to of the date of termination, AND ii) any reimbursable expenses IA incurred prior to or during termination.



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ii) any reimbursable expenses IA incurred prior to or during termination

475. Organisation 17 28 34.5/34.6

b) Purchaser agrees to pay IA for: i) all charges for Services IA provides and any deliverables and/or system (or part thereof) IA delivers through termination, and 34.6. If Purchaser terminates without cause, Purchaser also agrees to pay

Requst customer to modify- b) Purchaser agrees to pay IA for: i) all charges for Services IA provides and any deliverables and/or system (or part thereof) IA delivers delivered or ready for delivery within 90 days prior to of the date of termination and


476. Organisation 17 35.14.2 Purchaser may terminate the contract / work order in whole or in part. In addition to above, Purchaser may at its discretion, procure upon such terms and in such manner, as it deems appropriate, goods/ services similar to the undelivered items/products and the defaulting IA shall be liable to compensate Purchaser for any extra expenditure involved

Requst customer to modify- Purchaser may terminate the contract / work order in whole or in part. In addition to above, Purchaser may at its discretion, procure upon such terms and in such manner, as it deems appropriate, goods/ services similar to the undelivered items/products and the defaulting IA shall be liable to compensate Purchaser for any extra expenditure involved towards goods and services to complete the scope of work in totality subject to the maximum of 10% of the value of undelivered portion of the contract. or 10% of the work order as cancellation charges whichever is higher.



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towards goods and services to complete the scope of work in totality or 10% of the work order as cancellation charges whichever is higher.

477. Organisation 17 29 34.7 Termination of this agreement due to bankruptcy of IA ,In such event, the Purchaser reserves the right to forfeit the contract performance security of the IA and award the contract to a replacement IA.

In case of Bankruptcy the purchase agrees to pay for the amount of work completed as per the contract .


478. Organisation 17 30 35.15. As per draft Request to delete this definition. We cannot agree to deposit all our proprietary material in the escrow agreement. Neither will the third party software owners agree to place their source code and other IPR in escrow.


479. Organisation 17 32 35.21.6 Implementing Agency shall bear the risk of loss of Assets, up to the time they are transferred and handed over to the purchaser, after which it shall stand transferred to the purchaser.

Requst customer to modify-Implementing Agency shall bear the risk of loss of Assets, up to the time they are transferred and handed over to the purchaser, after which it shall stand transferred to the purchaser.Hardware and softwares will be transferred once the same is delivered to the purchaser's location.



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480. Organisation 17 4.2.1.9 To be included Any Deliverable(s) / Work Product(s) provided to the Customer shall be deemed to have been accepted if the customer puts such Deliverable(s) / Work Product(s) to use in its business or does not communicate its disapproval of such Deliverable(s) / Work Product(s) together with reasons for such disapproval within 10 days from the date of receipt of such Deliverable(s) / Work Product(s).


481. Organisation 17 Annexure F V -

3.12

If, to the best of the Bidder’s knowledge, any of the Purchaser’s officers has significant financial interest / stake (over 2% shareholding) in the Bidder’s firm, the same shall be disclosed by the Bidder at the time of submission of the Bid

Request to delete this as there is no way of tracking and complying with this requirement.


482. Organisation 17 Annexure F V - 6.1.4, 6.1.5, 6.1.6, 6.1.7

and 6.2

As per Draft Request to delete these sub clauses RFP conditions shall prevail


6.3

The decision of the PURCHASER 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)

The decision of the PURCHASER a Court of competent jurisdiction 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.



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appointed for the purposes of this Pact.

484. Organisation 17 Annexure F V - 7 - Fall Clause

As per Draft Request to delete this as we cannot agree to such a restriction.



12 - Validity

12.1. The validity of this Integrity Pact shall be from the date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the PURCHASER and the BIDDER, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after 6 months from the date of the signing of the contract. 12.2. Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

12.1. The validity of this Integrity Pact shall be from the date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the PURCHASER and the BIDDER, including warranty period, whichever is earlier later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after 6 months from the date of the signing of the contract. 12.2. Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.



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486. Organisation 17 Payment Schedule Hardware and software payment on Delivery. Implementation payment on milestone basis.The given payment terms are not acceptable and we need to request customer to modify the same . Please refer to "Other Information" Sheet.


487. Organisation 17 Payment Schedule Please define Fixed cost &varibale cost in the contract

Refer Annexure G-I: Payment; clause 1 of the RFP document for further details

488. Organisation 17 Clause not present in RFP Customer hereby agrees to make the site ready as per the agreed specifications, within the agreed timelines. Customer agrees that Wipro shall not be in any manner be liable for any delay arising out of Customer's failure to make the site ready within the stipulated period, including but not limited to levy of liquidated damages for any delay in performance of Services under the terms of this Agreement.

It is the responsibility of IBM to make the site ready and complete all such activities which are essential for timely implementation of project. The bidder will not be made responsible for IBMs obligations.

489. Organisation 17 clause not present in RFP Service Provider may assign the benefit of its rights of payment to a third party as part of its debt factoring or other legitimate business arrangements, and Company expressly consents to such assignments.


490. Organisation 17 Clause not present in RFP Wipro’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 Wipro’s non-performance is caused by Company’s omission to act, delay, wrongful action, failure to provide Inputs, or failure to perform its obligations under this Agreement.



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491. Organisation 17 Clause not present in RFP Customer acknowledges that personnel to be provided by Wipro represent a significant investment in recruitment and training, the loss of which would be detrimental to Wipro’s business. In consideration of the foregoing, Customer agrees that for the term of this Agreement and for a period of one year thereafter, Customer will not directly or indirectly, recruit, hire, employ, engage, or discuss employment with any Wipro employee, or induce any such individual to leave the employ of Wipro. For purposes of this clause, a Wipro employee means any employee or person who has who has been involved in providing services under this Agreement.


492. Organisation 17 7.1 Table n the table - Severity 8 - % to be restricted to 5% RFP conditions shall prevail

493. Organisation 17 TBI Customer may levy penalty, subject to maximum of 5% of Quarterly Value. For the purpose of this clause, quarterly value shall be annual value of the respective year, for the respective category divided by four. However ,it is agreed that no Penalty shall be levied for initial period of 3 Months


494. Organisation 17 7.3 To be deleted Query not clear

495. Organisation 17 7.4 Two consecutive quarterly deductions of 30 % of the applicable fee on account of any reasons will be considered as an event of default and the Purchaser may consider the same as a ground for termination of the contract as per clause 34 of the RFP.

Two consecutive quarterly deductions of maximum penalty of 5 % on account of any reasons will be considered as an event of default and the Purchaser may consider the same as a ground for termination of the contract.



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496. Organisation 17 Annexure J - I

As per draft This is a fixed price contract moreover SLA is also IA's responsibility then why the information of no. of resources deployed in the contract is required?


497. Organisation 17 Sec 3.1 b Process of concession management, applicant must fill online form

Concessionaire would be expected to save a copy of the form in offline mode in case internet disconnect.


498. Organisation 17 Sec 3.1 c Transit pass mgmttripsheet is scanned which would in turn update registers and inventory levels

Can the update to the existing levels of inventory be captured manually and appropriately updated against the MTS db once data is transferred to the MTS DB server


499. Organisation 17 Sec 3.1 j item iv Performance Configuration to enable agent configuration to be done from a central point of control. Performance profiles could be defined in the GUI using drap and drop technique, delivered to the various specified machines in the enterprise running agents

What kind of performance profiles to be defined Please refer response to Query No. 438

500. Organisation 17 sec 5.2 point 1 Target SLA is given at minimum 99.9% during prime business hours and minimum 98% uptime measured on a weekly basis.

How can all modules have that kind of availability requirements. Also per the requirement the escalation to next level of severity should result in even increase in SLA target. However that’s the case. Example: Severity 6 SLA is lesser that Severity 4


501. Organisation 17 sec 4.1.1.6 Compatible native mobile applications for leading mobile platforms

Can we consider mobile compatible web applications using Responsive Web design viewed through mobile browser



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502. Organisation 17 Annexure A -Present ICT System

4 The following systems (MCAS, RAS, MC, Registration, Online returns) to be assessed by the bidder and integrated to MTS or redesigned / reengineered

Are there any existing Webservices interfaces exposed by these applications


503. Organisation 17 Functional Requireme

nt

FRS.EXC.025

Weighbridges to check the weight of the vehicles at checkpost and link it to transit pass

Can the transit pass which has a barcode be verified by the reader and compared with the weight of the truck and entered manually on the trip sheet


504. Organisation 17 2.3 2.3 About State DMG

The existing indicative responsibilities for the State DMGs are: oGrant concessions o Issue notifications o Collection of Royalty, DMF and NMET o Issue of transport permits o Merger / cancellation / surrender of concessions

Are the concessions grouped in multiple categories and groups? Would the process for application for concession be same for all categories of concessions?

We suggest the bidders to visit IBM Nagpur and State DGM offices for further clarity on processes

505. Organisation 17 2.3 2.3 About State DMG

The existing indicative responsibilities for the State DMGs are: o Grant concessions o Issue notifications o Collection of Royalty, DMF and NMET o Issue of transport permits o Merger / cancellation / surrender of concessions

Please brief us on the process of transport permits, are their any rules based on distance, type of vehicles, commodity to be transported etc

Transit permit is State matter. However, stock is verified by the State official and then permit is issued after the deposit of royalty. We suggest the bidders to visit IBM Nagpur and State DGM offices for further clarity on processes. Please refer corrigendum for revised list of states.


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506. Organisation 17 4.1.1.3 4.1.1.3 Minera

l inventory data standardizatio

n

The key parameters which form the base for MTS like major minerals, the grades should be identified with the help of the mining experts in discussion with IBM.

We believe that MTS/IBM would have an existing inventory of minral data which needs to be enhanced. Please confirm. In which format is this data currently available.


507. Organisation 17 4.1.1.6 4.1.1.6 Development

/ Integration /


Core Solutio

n

Registration We understand that the below users would need to register to the MTS application: Policy creators Administrators Applicant Approvers regulatory Bodies External agencies etc. Would the registration processes for all these users be same?


508. Organisation 17 4.1.1.6 4.1.1.6 Development

/ Integration /


Core Solutio

n

Mining Plan / Scheme of mining / others - self certification and hosting on MTS

Please provide the document format in which the mining plan and schemes would be uploaded to the system

Bidders are suggested to visit IBM website, IBM office or any other State DMGs to have an understanding

509. Organisation 17 4.1.1.6 4.1.1.6.6


We understand that various documents would be uploaded to the MTS application during registration, concession, returns etc. Please confirm

While the RFP has provided the volume of users and transactions in MTS, bidders are expected to perform high level sizing of such requirements


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the volume of such documents which would be uploaded to the system every year.

510. Organisation 17 4.1.1.7.1 4.1.1.7.1

4.1.1.7.1 The bidder should design and develop the state specific modules such that the following three options may be provided to the State DMGs:

We understand that the central MTS portal will also have modules specific to state users with required access permissions. The same application would be used across all states. Separate applications are not required for separate states. Please confirm

Refer clause 4.1.1.7: Customization, configuration and integration of the State specific solutions of RFP document

511. Organisation 17 4.1.1.7.1 4.1.1.7.1

4.1.1.7.1 The bidder should design and develop the state specific modules such that the following three options may be provided to the State DMGs:

Please provide the number of states who would be using the state modules.

Refer Annexure A-II: Scope of Work; clause 3. Geographical spread

512. Organisation 17 4.1.1.7.1 4.1.1.7.1

User Volume Please provide the total number of users of the MTS application including - applicants, departments, states, regulators etc

Refer Annexure A-VII: Current IT System: clause 2. User Estimations

513. Organisation 17 4.1.1.7.1 4.1.1.7.1

User Volume Please provide the concurrent users of MTS Please refer response to Query No. 104

514. Organisation 17 3 Architecture

Design

f. Inspection Does IBM wish to use the MTS portal via Mobile browsers. Please confirm. We understand that there is no need for any native mobile application.


515. Organisation 17 3 3. Architecture

Design

Bar code system We understand that Bar core generator and reader are already available and the MTS portal will only integrate with it. Please confirm.

The bidder is required to provide Bar code scanners and generators as per the BoM of the RFP document

516. Organisation 17 3 We understand that a central MTS application is required which will provided all the modules described in the RFP:

Refer Annexure A-II: Scope of Work


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Registration Concessions Retunrs Inspections Regulation Royalty etc Please confirm

517. Organisation 17 Sec 3.3 i Document Management System

Is document upload will happen only from protal? Or any other sources? If so, what are all they?

Documents will be uploaded from the MTS solution as well as during the scanning / digitisation of the legacy documents.

518. Organisation 17 Are there any physical copies needs to be scanned and uploaded into DMS?

Yes. Documents will be scanned and uploaded over website

519. Organisation 17 Are there any legacy documents to be uploaded into the DMS? Or is it only applicable to ongoing activities?

Yes, the legacy documents will also be uploaded on DMS

520. Organisation 17 Does any scanning services required to scan and upload the legacy documents into DMS?

Yes, the legacy documents will also be uploaded on DMS

521. Organisation 17 In ongoing activities, how many documents will be uploaded into DMS on a daily basis?

RFP provides the volume of users and transitions. Bidders are expected to work out the remaining aspects of sizing on their own.

522. Organisation 17 Any indexing/ Meta data tagging has to be done while uploading the documents into DMS? If so, how many fields needs to indexed?

Yes.

523. Organisation 17 How many users will be accessing the DMS? And what would be the max. concurrency of DMS usage?

RFP provides the volume of users and transitions. Bidders are expected to work out the remaining aspects of sizing on their own.

524. Organisation 17 If scanning is required, How many locations will be there to do the scanning?

Please refer 4.1.1.14 (g) of RFP document

525. Organisation 17 How many business document types will be there to upload into DMS?


526. Organisation 17 How many pages will be there in each business document type?


527. Organisation 17 Does the access on DMS documents is required from portal? Or user will directly log-in into DMS application and access the documents?

Yes


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528. Organisation 17 Currently customer has any exisiting DMS application?

Refer Annexure A-VII: Current IT System. IBM does not have any DMS application

529. Organisation 17 Is there a separate RFP in future for Enterprise based DMS?


530. Organisation 17 Is DMS will be accessed/ documents will be uploaded even from Mobiles?

The functionalities from the mobile application have been provided in the RFP

531. Organisation 17 Sec 3.3 b Enterprise workflow Management

How many workflows are required? And what is the business case?

Bidder should go through the requirements and assess on its own

532. Organisation 17 Is that OK to leverage these workflows in DMS user interface? Or complete BPM application is required?

BPM application would be required

533. Organisation 17 At max. how many worksteps will be there in a complex workflow?


534. Organisation 17 What kind of major acivities are expected in workflow?


535. Organisation 17 How many users will be accessing the workflow application?


536. Organisation 17 What is the maximum concurrency usage of workflow application? (Max. users at any give point of time)


537. Organisation 17 Does MIS reports needs to be generated from workflow data?

Yes

538. Organisation 17 How many business document types will be accessed in workflow?

The RFP provides the list of formats of documents to be used in MTS. Bidders are suggested to visit IBM office or any other State DMGs to get more clarity


ons

DMS - 5

Themes/ Skins Is this feature mandatorily required? What is the business use case?

Customized appearance for users

540. Organisation 17 Mobility Query not clear


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541. Organisation 17 08042015172727Mi

ning Tenement System_RF

P Document

Section 4.1.1.8

C The web site should have multi-lingual feature for all the major mineral States

How many languages can be envisaged for the mobile solution? Can we consider maximum 12 different languages for 12 different states.


542. Organisation 17 08042015172727Mi


P Document

4.1.1.6.6

The bidder should provide the end users with a compatible native mobile application for the following indicative scenarios for leading mobile platforms like android, iOS, windows, etc

Native app or Hybrid App? Pl. confirm. Refer clause 4.1.1.6.6 for clarity

543. Organisation 17 08042015172727Mi


P Document

4.1.1.6.6

and

3.1

Page No. 49

And

Page

No. 88

Technical queries he bidder should provide the end users with a compatible native mobile application for the following indicative scenarios for leading mobile platforms like android, iOS, windows, etc o Concession processing status o Return submission status o Royalty, DMF and NMET payment, and status o Notices o Revision application status o Inspection reports o Dashboards and MIS reports and Inspections The State and IBM inspection officers would be required to undertake mine inspections to assess the State of the mining activities undertaken by the concessionaire and submit report to the corresponding State Authority and RCOM. The system should have a provision for accessing the checklists through handheld devices like tablets and

Please refer reporting requirements mentioned in RFP


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also submission of the reports. Provision for sending inspection reminders to be sent to the Inspecting officers to accept or reject or re-schedule the inspection date to be made available. Previous inspection data and mining plan / scheme of mining data should be available for verification in the field as well as HQ at the time of planning for and undertaking inspections. It seems to be the reporting/status facility on mobile. What will be nature of the reports especially on Mobile? Only screen based report or one liner report or down loadable reports…? Apart from this, the mobility scope is limited to Inspection work only. Please confirm.

544. Organisation 17 Hardware Technical Specificati

ons - Tablets

Tablet Requirement Does it mean that only tablets are required in terms of handheld? Any other type of mobile handset is expected to be used/envisaged? If yes then what kind of mobile devices are expected to be used? (in terms of size 5 inch, 4 inch… etc. and tablets, Rugged device, smart phones… etc.)

Under this RFP, bidders' scope would include supply of tablets. However, for mobile app development, users may use different mobiles/Tablets with different operating system

545. Organisation 17 Hardware Technical Specificati

ons - Tablets

25 Bilingual - English and Hindi

Please explain this point. Bilingual language options should be provided & supported by the Tablets

546. Organisation 17 Others Volumetric details for the mobile/tablet users? Please refer User Details in the RFP

547. Organisation 17 Others Who will be the key stake holders/users for the mobile application?

User details have been provided in the RFP. Bidders are suggested to visit the offices of IBM and State DMGs to gain more clarity on processes

548. Organisation 17 Others Does mobile application required offline capability? If yes, please provide the use cases?

Yes, offline capability should be provided in the mobile app. Inspectors, who visit the mines, should be able to record their observations in the mobile app, even in offlinemode. Later, when they connect again to the network, they should be able to upload the data


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549. Organisation 17 Others For the mentioned mobile Operating Systesm, any specific versions are envisaged?

Popular Versions of Android, iOS & Windows

550. Organisation 17 Others Can we assume, that enterprise back end system and webservices will be available for mobile application to consume?

The end users should be provided with native mobile application

551. Organisation 17 Others What king of middleware support will be provided? (web services).

SoA based middleware shall be provided for webservices

552. Organisation 17 Others What orientation (portrait/landscape) is envisaged for mobile app?

This shall be discussed during assessment phase

553. Organisation 17 Others Is there any hardware integration like printer, scanner, etc. is required for mobile app?

This shall be discussed during assessment phase

554. Organisation 17 Others Kindly list the Non-functional Requirements for mobile app.

The bidder should propose appropriate mobile app as per the leading practices, based on the expected requirements of the MTS solution

555. Organisation 17 Page 45 4.1.1.6.1 d)

Bidder should implement quality standards like o CMMI Level 5 o ISO 20000 o ISO 27001 o ISO 9001

We understand this needs to performed by a third party auditor and bidder needs to facilitate in terms of required data/ document. Bidder is not responsible for any audit ?Pls confirm


556. Organisation 17 Page 56 4.1.1.11

Training/ Capacity building

Please suggest who will provide the training locations/ premises/ training room? And who will provide the training euipments such as projector, stationary, etc ?

Refer Annexure A-II: Clause 4.1.1.11: Capacity Building

557. Organisation 17 Page 59 4.1.1.12 f)

The bidder would be responsible for the complete installation of the application/ system tools at the DC and DR provided by NIC over Meghraaj

Will the application be hosted in NIC datacenter and DR ? Will the management be done NIC team itself or bidder needs to propose the same?

Please refer 4.1.1.12 of RFP document


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558. Organisation 17 Page 59 4.1.1.13 d)

Bidder should assist the Purchaser in coordinating with NIC Data Centre to provide the replication between the DC and DR sites.

Please suggest what kind of assistance is required ? In terms of Architecture design, deployment/ Implementation or Sustenance

Bidder would be required to provide all technical assistance as may be required by the purchaser for this purpose. This would include coordination for data backup, data sync, VM monitoring and maintenance

559. Organisation 17 Page 60 4.1.1.14 g)

2,00,000 Lakhs Pages for Scanning

What is volume break up in page size, A4, A3, A0 etc.




In which language documents are available and in which language Data Entry has to be done?




Is documents are printed or hand written? Please share a sample page for reference




How many approximate characters are there in each page




Pages are single side written/printed or both the side? Scanning has to be done in B&W, Color or Grayscale?




What is state of paper, loose, hard Bind? How old documents are (5 Yrs., 10 Yrs. etc…)




What is the duration for work completion (weeks, months)

This is to be proposed by the bidder in their detailed work plan for this project



Is customer providing all required Infra, like, Computer, Software, Scanners, work space, Power supply etc...?

Purchaser will provide workspace and power supply in Nagpur. All the remaining requirements are to be arranged by the bidder



At how many locations work has to be executed? Refer clause 4.1.1.14 (g) for clarity


1,00,000 Lakhs Pages for Data entry

How many approximate characters are there in each page




At how many locations work has to be executed? Please refer response to Query No. 25


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What is the duration for work completion (weeks, months)

This is to be proposed by the bidder in their detailed work plan for this project

571. Organisation 17 Page 62 4.1.1.15 e)

Bug fixes and end user problem resolution

We understand that end user devices (Desktops/Laptops/ Printers) which are already present at site will be managed by IBM/ IBM vendor itself. Please confirm?

Yes

572. Organisation 17 Page 65 4.1.1.17

Server Management, Security, Database and other

Since Application will be hosted in NIC cloud environment, will the operational support be done by bidder or NIC ? If this needs to be done by bidder, Will NIC allow access for bidder resources ?

Yes. NIC will provide requisite access to provide operational support to manage the application

573. Organisation 17 Page 66 4.1.1.18.4

Prepare a list of equipment, software and configuration installed in the datacenters and the same shall be approved by the CMC. Bidder shall maintain and modify the list in accordance to the modifications.

Since the Infra environment will be in NIC datacenter, how will bidder maintain the inventory or asset details ? Will required acess be given the bidder's team?


574. Organisation 17 Page 67 5 Bidder shall submit 3 hard copies and 1 soft copy of each of the reports:

Since there are mutiple reports which are required on regular basis, will IBM provide the printer facility along with required paper and toner for report generation ?

Bidders to provision for printing requirements on their own

575. Organisation 17 Page 96 3.4.G DGPS Survey: DGPS survey data will be provided to the IA. The IA is not required to procure any additional GIS data for this project. IA may be required to perform activities related to data digitization, development and organization, to make the available data 'ready for application

Is bidder required to conduct any type of Survey? no, the bidders are not required to conduct any survey for GIS


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576. Organisation 17 Page 98 4 Present ICT System We understand present ICT system will be managed existing vendor/ IBM itself and only new System will in scope for managed services. Please confirm ?

The bidder will be responsible for managing the entire MTS solution. However, any existing applications, which will not form apart of the MTS solution will not be the responsibility of the bidder.

577. Organisation 17 Page 99 6 Data Retention Policies On routine basis, Backup tapes will be handed over to IBM team for custody and same will be stored in safe palce by IBM itself. Bidder is not responsible for managed of tape drives. Please confirm is the understanding is same ?

Backup tapes will be the property of IBM

578. Organisation 17 Page 160 2 SLA How will bidder maintain the Infra SLA as Infra design and management is through NIC cloud and Bidder will not have role to play their. Also avaialability SLA majorly depends on Architecture and implementation methodolgy, and SLA needs to be inline with the same. Avaialbility above 98.5% would High Availability Design and Architecture. Pls clarify

the bidder will not be penalised for any downtime / performance lag due to performance downtime of NIC cloud

579. Organisation 17 2.3 The bidder is required to implement a SLA monitoring tool for the Purchaser

Will NIC allow bidder to deploy tool in their cloud environment ?

Yes, NIC cloud will provide remote access to the bidders with a monitoring console to deploy tools on the VMs in the DC and DR

580. Organisation 17 Page 168 3 Availability of Resources for Help Desk at user locations

We understand availability of Helpdesk resources and Handholding Resources will be measured only between Working hours (Monday to Saturday). Please confirm

Please refer 4.1.1.20


Since Helpdesk Resources ask are only during working hours, Please suggest how will any Incident flow from User to FMS team during non working hours/ Sunday, in case if there is any incident, how will vednor coordination happen

IBM will work out these details with the successful bidder


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Please suggest what is approximate number of calls expected on the helpdesk on daily/ monthly basis. Please share a bifurcation in terms of application issues related calls and Infrastrcuture related calls

Expected user and transaction volume has been provided in the RFP. The bidder is expected to size the solution and helpdesk accordingly.


Please share the application wise user count / module wise user count. This will help us in estimating the manpower requirement

Expected user and transaction volume has been provided in the RFP. In order to gain more clarity bidder is requested to visit IBM.

584. Organisation 17 Payment plan Implementation - - 20% Advance - 15% SRS - 15% SIT - 15% UAT - 25% Go- Live - 10% After training Software & hardware -100% on delivery O&M: - 100% - 1 month in arrears ATS: - Yearly in advance


585. Organisation 18 Hardware Technical Specifications

16.Warranty

Onsite Warranty till the end of contract period

Kindly confirm, OEM will provide only specified Warranty on purchase product

Bidder needs to provide warranty for the project duration


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586. Organisation 18 MTS RFP 4.1.1.17.1.d

Regular monitoring and maintenance of a log of the performance monitoring of servers including but not limited to monitoring CPU, disk space, memory utilization, I/O utilization, etc. Bidder shall also ensure that the bottlenecks in the infrastructure are identified and fine tuning is done for optimal performance

Kindly confirm, IBM will provide Monitoring system or SI need to proposed new Monitoring system

monitoring solution, as stated in the RFP, is to be provided by the bidder

587. Organisation 18 MTS RFP 4.1.1.17.1.h

Bidder shall provide administration services related to user access including administrative support for user registration, creating and maintaining user profiles, granting user access and authorization, providing ongoing user password support, users and providing administrative support for print, file, directory and scanning for the Ministry of Mines and IBM office locations

Kindly Confrim, IBM will have any directory services are running in current enviroment

Bidder needs to provide LDAP / Directory services

588. Organisation 18 Hardware Technical Specifications

External Storage

Atleast 32GB support Kindly confirm Maximum capacity of storage required

Query is not clear


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589. Organisation 18 MTS RFP 2 Digital Certificate system

During submission, the concessionaire would be required to provide digital signature to sign the terms and conditions for applying for the concession

Kindly confirm if digital certificate will be provided by IBM

Yes digital certificates / tokens shall be provided by IBM

590. Organisation 18 MTS RFP 2 Digital Certificate system

c) The Bidder should take into consideration the two factor authentication to allow a concessionaire to submit an application for concession

Kindly specify what kind of authentication solution is expected and if tokens are required then will IBM provide the security tokens devices?

Yes digital certificates / tokens shall be provided by IBM

591. Organisation 18 Financial Bid worksheet

Enterprise Management System [EMS]

6. Enterprise Management System CPU License

Kindly clarify scope of EMS Please refer technical specification of EMS.

592. Organisation 18 MTS RFP Helpdesk Tool

Helpdesk Tool Kindly confirm if IBM will provide helpdesk tool Bidder to provide helpdesk tool alongwith EMS

593. Organisation 18 MTS RFP Pacth Management Tool

Pacth Management Tool Kindly confirm if IBM will provide Pacth Management Tool

No

594. Organisation 18 MTS RFP Backup Services

Backup Services Kindly confirm if IBM will provide backup tools & services for backup

Please refer Clause 4.1.1.13.1

595. Organisation 18 MTS RFP FM Services

FM Services Kindly confirm if IBM will provide Facility Management Services as it is not clear in the RFP

Facility Management Services are part of the scope of work of bidders. The SLAs and experiences table may kindly be referred for clarity


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596. Organisation 19 100 / Annexu

re A

Annexure A - VIII: Manpower requirements

The minimum indicative manpower qualifications required are as follows: (The hours of support will be as per working hours or business hours as observed by the Purchaser). While the Purchaser does not require all the key personnel to be situated out of IBM Nagpur premises for the duration of the project, the bidder is required to place appropriate number of SI personnel at IBM Nagpur premises for the purpose of requirement gathering and liaising with the business / domain owners, and to take their continuous feedback in development. Request you to include the appropriate Resources in case a COTS Solution is proposed by the bidder.


597. Organisation 19 154 / 3.4

Section A. Relevant experience

Prior or Ongoing experience in e-Governance projects with Application Design and Development (mandatory) as on 30.06.2015. Other components (optional) may include HW sizing I deployment, rollout, training, support and maintenance worth more than INR 25 crores each Can you please let su know whether this includes solutions implmented with COTS solutions?

The definition of similar nature is mentioned in pre-qualification criteria. Bidders are requested to respond accordingly RFP conditions shall prevail

598. Organisation 19 154 / 3.4

FRS evaluation score will be calculated by the following methodology. a. Bidder shall be responding to the compliance of FRS by giving their responses against the requirements which would be scored as per the below matrix:

As per the evluation the FRS Compliance should be filled in the format of F, CU, CS, but in the FRS Sheet the compliance format is given differently. Can you please clarify which is the correct format?

Bidders need to select relevant response from the drop-down menu in FRS compliance sheet. All cells have drop down feature.


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599. Organisation 19 6 / Prequalificatio

n

The Lead Bidder should showcase at least three projects of similar nature* executed within last five years as on 31.03.2015 in India

Can you please let su know whether this includes solutions implmented with COTS solutions?

The definition of similar nature is mentioned in pre-qualification criteria. Bidders are requested to respond accordingly

600. Organisation 20 Annexure A- III

Eligibility

Criteria ,

Criteria no 4.-

1. The Lead Bidder should showcase at least three projects of similar nature* executed within last five years as on 31.03.2015 in India with: 1) at least one project worth more than INR 40 crore, OR 2) at least two projects worth more than INR 30 crore each, OR 3) at least one project for a mining regulatory agency and / or PSU of central or state government in India worth more than INR 30 crore and the bidder is required to present the domain knowledge and experience of similar nature through the execution of the project showcased OR 4) at least two projects for a mining regulatory agency and / or PSU of

1. The lead bidder should showcase 3 projects in the PSUs or Mining industry. (we are not sure, if we require to have any project with this size and specs ?) 2. Similar nature for us means in Mining Tenement space and bidder should possesses mining knowledge. ( Do we require to have mining experience ?) 3. Out of these 3 projects– 2. One project should be of the value greater than Rs. 40 Crs. (any project of the value in design and development space will do or it has to be in mining ?) 3. Two projects should be of the value greater than Rs. 30 Crs. 4. These projects should have been done/ ongoing with some phase completion by 31st march 2015. (what if any company has received the PO of more than the value required , before the bid submission date i.e. 29th Oct 15 . Can you consider that PO/ ongoing project ?)

The eligibility criteria is self explanatory


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central or state government in India worth more than INR 20 crore each and the bidder is required to present the domain knowledge and experience of similar nature through the execution of the project showcased *Similar nature would imply projects with software design, development, implementation, roll-out, maintenance and support operations components as per this RFP The project should mandatorily include ‘Application Development and Maintenance Services’ and additionally any two or more of the following elements: • Hardware procurement and deployment, • Data centre setup and maintenance, • Facilities Management Services, • IT Support and Maintenance Services


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3 The Lead Bidder should have positive net worth (measured as paid-up capital plus free reserves) during each of the last three financial years as on 31.03.2014 (i.e. 2011-2012, 2012-13, 2013-14) in India

Central PSUs may be exempted from networth requirement




4 The Lead Bidder should showcase at least three projects of similar nature* executed within last five years as on 31.03.2015 in India with: 1) at least one project worth more than INR 40 crore, OR ………

The requirement may be allowed to be met as a consortium




4 The Lead Bidder should showcase at least three projects of similar nature* executed within last five years as on 31.03.2015 in India with: 1) at least one project worth more than INR 40 crore, OR ………

The project under implementation may also be considered

The bidder can also provide phased completion certificate as a documentary proof.



5 The Lead Bidder should have the following certifications as on 30.06 2015: 1) ISO 9001:2000 2) (SEI) CMMI Level 5

This requirement may be allowed to be met as a consortium




5 The Lead Bidder should have the following certifications as on 30.06 2015: 1) ISO 9001:2000 2) (SEI) CMMI Level 5

This clause may be modified as “The Lead Bidder should have atleast two of the following certifications as on 30.06 2015: 1) ISO 9001:2000 2) (SEI) CMMI Level 5 3)ISO 27001



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6 The Lead Bidder should have at least 100 professionally qualified personnel (relevant degree holders B. Tech / B.E / MCA / M. Tech / MBA) full time or permanent staff on company payroll working in the areas of software design and development, systems integration, IT infrastructure operations and maintenance and Mining domain experts in India as on 30.06.2015.

The requirement may be allowed to be met as a consortium




6 The Lead Bidder should have at least 100 professionally qualified personnel (relevant degree holders B. Tech / B.E / MCA / M. Tech / MBA) full time or permanent staff on company payroll working in the areas of software design and development, systems integration, IT infrastructure operations and maintenance and Mining domain experts in India as on 30.06.2015.

The clause may be modified as “The Lead Bidder should have at least 100 professionally qualified personnel (relevant degree holders B. Tech / B.E / MCA / M. Tech / MBA) full time or permanent staff on company payroll working in the areas of software design and development/ systems integration/ IT infrastructure operations and maintenance in India as on 30.06.2015


608. Organisation 21 Annexure A -VIII:

Annexure A -VIII:

Manpower requirement We understand that manpower requirement can be met as a consortium



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609. Organisation 21 Annexure D - II:

4 Technical Bids will then be evaluated for the following broad parameters:

We understand that the capabilities and resources of the consortium partner may be allowed to meet the requirements


610. Organisation 22 pg 29 point 35, pg 193 point 6

35.6 1) Blacklisting/debarment of SI in case of breach of any condition of RFP/supply order

will IBM first give chance to deliver as per PO/RFP by giving some to mend, if not then charge penalty. Then resolve thru arbitrator. Should not be Blacklisting/debarment?

This clause is not present in the RFP. The bidder is referring to some other RFP

611. Organisation 22 Page 177, all points of 7

All Penalty points under clause 7. and LD > 10% of Contract value

penalty is max 30% per quarter and for 2 consecutive quarrter penalty will be double. If 30% penalty for 2 quarters, contract will be terminated. We request the total LD and Penalty combined to be max 10%. And 2 months correction time to be given.


612. Organisation 22 pg 18 11.7 Purchaser reserves the right to review and negotiate the pricing model and charges payable for the MTS Operations and Maintenance

The PO value should be the final fixed value during the project delivery.


613. Organisation 22 pg 21 18.3 In case of exigency, if Purchaser gets the work done from elsewhere, the difference in the cost of getting the work done will be borne by the successful Bidder.

risk purchase clause (clause 35.14, pg 28)should be applicable in case of default by SI and not in case of exigency


614. Organisation 22 pg 28 34.5 Purchaser will not pay anything in case of termination by Implementation Agency

purchaser to pay for the last milestone achieved till termination


615. Organisation 22 pg 31 35.16 Sole Arbitrator by Purchaser

Pls. ensure that the sole Arbitrator shall be appointed with mutual consent of the parties



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616. Organisation 22 pg 194 7.1 Price Fall Clause The contracts are stand alone and have been entered at different times with different understanding of terms and conditions, hence should not be linked to other organisation price


617. Organisation 22 pg 18 11.4 magnitude of the work and are not in any way exhaustive and guaranteed by Purchaser.

the delivery will be as per the PO, BOM and mutually decided SRS


618. Organisation 22 pg 18 11.7 Purchaser reserves the right to amend / modify any of the terms and conditions

the terms of PO and mutually decided SRS should be the final terms


619. Organisation 22 pg 62 4.1.1.16.2

The enhancements or new development may also be required to fix some complex problem requests or defect fixes.

The defect fixes will be covered. New enhancements for fixing complex problem/fuctionality enhancement should be treated as Change/ Modification request at extra charge

Refer Annexure F IV: Change Control Note for details

620. Organisation 22 pg 30 35.15 Escrow Please confirm that the Escrow scope is as below: In Escrow Provisions, normally the source code is given in case the company (SI) goes into liquidation or if the SI refuses/abandoned to do/the work. Further, that its usage shall be restricted—that the source code cannot be reverse engineered, recompile, etc. , that it shall be used by purchaser for the current project only; cannot be used by purchaser for any commercial purpose, cannot be used for development of any software etc. Also that no ownership rights shall confer upon the Purchaser in the deposited materials or the underlying intellectual property embodied therein as the deposited materials contain the Proprietary Bidder Material (including consortium member-owned materials and other Third Party Material incorporated in Implementation Agency’s



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Proprietary Material). Escrow costs shall be shared by the parties equally.

621. Organisation 22 pg 25 25.5 The IA shall be liable to fully recompense Purchaser for any loss of revenue arising from breach

The " Revenue" should not be considered and hence request to remove the term "Revenue"


622. Organisation 22 Warranty exclusion request to add this term :Warranty exclusions: This warranty excludes defects attributable to external factors beyond the Supplier's control, including power supply fluctuations, or the Purchaser's alterations, misuse or negligence. Limitations to Warranty: a) If any of the Deliverables have been tampered with or altered by any unauthorised person from the purchaser’s side, either by way of retrofitting or otherwise, the warranty provided by the Supplier shall be rendered void to that extent. b) If the Purchaser uses any of the Deliverables in disregard to any operating instructions, the warranty shall be rendered void to that extent. c) Any abuse, negligent use or misuse of any of the Deliverables shall render the warranty void to that extent. d) use of the System with items not supplied by the



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Supplier, unless otherwise identified in the Technical Requirements, or approved by the Supplier; or e) modifications made to the System by the Purchaser, or a third party, not approved by the Supplier.

623. Organisation 22 pg 22 21 Purchaser reserves the right to inspect and monitor/assess the progress / performance / maintenance of MTS at any time during the course of the Contract.

cost of such audit/appointing third party agency shall be borne by Purchaser. B) Purchaser will ensure that the auditor/another IA (except CAG) appointed to conduct the audit will not be the competitor of Service provider and will be bound by confidentiality obligations. C) The audit rights under this Schedule shall not include i. access to the Service provider's profit margins or overheads, ii. any confidential information relating to the Service provider employees, iii. minutes of its internal Board or Board committee meetings including internal audit, iv. such other information of commercial-in-confidence nature which is not relevant to the Services associated with any obligation under the agreement.

RFP conditions shall prevail. Audit will be conducted as per Government procedures


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624. Organisation 22 pg 29 35.9 IA shall keep Purchaser indemnified against all costs

CMC shall be liable to indemnify the Purchaser only if: (i) Purchaser has promptly provided CMC intimation of such claim; (ii) Purchaser has not admitted to or accepted any of the claim; (iii) Purchaser has authorized CMC to defend or settle the claim; (iv) Purchaser has provided such assistance and information to CMC as may be required by CMC. Further, CMC indemnification shall not extend to any such Liability which arises as a result of (a) use of CMC deliverables or Services in a manner inconsistent with instructions or documentation provided by CMC; (b) combination of CMC deliverables or Services with software or other programs not provided by CMC.


625. Organisation 22 pg 26 28.1 Suspension of Work if the suspension lasts for more than 10 days, Customer shall pay to the Contractor the amount for the manpower deployed at the Customer’s site as compensation at the rates provided in commercial quote for the period exceeding 10 days


626. Organisation 22 pg 32 35.21.2 Limitation of liability: IA will provide the list of CapEx and OpEx items with their respective costs when asked by Purchaser for the same and Purchaser will have the right to get that list verified by any third party before accepting it.

This term is not needed in limitation of liablity. request to be removed. We Request to add as follows : Notwithstanding anything to the contrary in the Agreement, in no event shall either Party be liable, whether in contract, tort, or otherwise, for special, punitive, indirect or consequential damages, including, without limitation, loss of profits or revenues arising under or in connection with this Agreement even if such Party has been advised in advance of their possibility.



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627. Organisation 22 pg 42, 55 4.1.1.1.3, 4.1.1.9

User Acceptance Testing please add Deemed acceptance as : The deliverables installed shall be deemed as accepted after the seven days of its Installation. In case of any Acceptance test, the procedure shall be mutually agreed at the time of award and the test shall carry out within seven days of the Installation. In case of failure to conduct the test within stipulated time period, the deliverables shall be deemed as accepted. The certificate of acceptance shall be released within seven days of the acceptance. In case of failure to release the acceptance certificate within stipulated time period, the acceptance certificate shall be deemed as released. Such certificate/final acceptance certificate shall not unreasonably be withheld nor will the engineer delay the issuance thereof, on account of minor omissions or defects which in the opinion of the engineer do not affect the commercial operation and/or cause any risk to the equipment.


628. Organisation 22 pg 62 4.1.1.16

Bidder shall be responsible for managing the changes that happen to the DC and DR baseline configuration setup on an ongoing basis

if any changes that happen to the DC and DR baseline configuration setup on an ongoing basis, including but not limited to, changes in hard / soft configurations, changes to system software, changes to policies or modifications or enhancements in the functionality etc. causes an increase or decrease in the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended



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629. Organisation 22 PBG PBG pls include the following para in the format: Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian Rs. ______________ (Indian Rupees (in words) ____________________) and our guarantee shall remain in force until ______________________. (Indicate the date of expiry of bank guarantee) Any claim under this Guarantee must be received by us before the expiry of this Bank Guarantee. If no such claim has been received by us by the said date, the rights of Customer under this Guarantee will cease. However, if such a claim has been received by us within the said date, all the rights of Customer under this Guarantee shall be valid and shall not cease until we have satisfied that claim.


630. Organisation 22 Annexure G-I: Payment, p184

payment term a) the payment shall be released by the Purchaser within 30 days of raising invoice by the Seller. b) interest in case of delay in payment by the purchaser to be paid c) the vendor also reserves the right to withhold the provision of the Services and/or any Additional Services till such time all the payments due to it under the contract have been made by the purchaser and any such withholding by vendor shall not be treated as breach by it of the provisions of this Agreement. d) Invoices shall be deemed to have been accepted if Customer does not furnish a written objection specifying the nature of the dispute within ten (10) days from the date of invoice.



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631. Organisation 22 eligibility Conditions reqeust the terms to be 1) at least one project worth more than INR 30 crore, OR 2) at least two projects worth more than INR 20 crore each, OR 3) at least one project for a mining regulatory agency and / or PSU of central or state government in India worth more than INR 20 crore and the bidder is required to present the domain knowledge and experience of similar nature. OR 4) at least two projects for a mining regulatory agency and / or PSU of central or state government in India worth more than INR 10 crore each and the bidder is required to present the domain knowledge and experience


632. Organisation 22 pg 196 G-I G-I payment terms :

Payment terms Payment terms are percentage of total project. 50% of Fixed cost is being paid upto Go-live in multiple stages of Milestone , 5% againt stabilization and 45% of FC in quarterly intallment. The bid has major components a. Infrastructure b. services cost, c.O&M, d.VAriable costs. request to split the payments against 1. infrastructure (hardware for DC/DR,Office h/w, COTS,network), 2. payments for services (software development, implementation, training,digitization services), 3. Against O&M. 4. against Variable cost. if the outflow of vendor to OEM is paid early, the finance cost of vendor reduces and hence the overall project cost will also reduce. We suggest the payment against the infrastructure (hardware, packaged software) to be 15% of infra cost against PBG, 75% of Infra cost within 30 days of receipt of material, and balance 10% of infra cost against implemention and h/w rollout. The services



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payment to be 5% of services cost-M0, 10% of service cost-M1, 10%-M2, 20%-M3, 20%-M4,20%-M5, 15%-M6. The payment of O&M as per RFP on quarterly basis. The payment for Variable on quarterly basis based on the completed work. If the This way the overall cost of project will reduce and as a security the PBG will be with IBM.

633. Organisation 22 pg 19 14.5 QCBS : Minimum 70% qualification marks overall and 50% for each of the four sections

The QCBS should have weightage to Technical and commericlal bid too Suggest to have : 70% weightage to technical and 30% to financial. Please see attached document suggesting the calculation


634. Organisation 22 Pg 43. Capacity Building Page 55

4.1.1.4 e) The training manuals are to be prepared in English and Hindi

Last time it was clarified in pre-bid that Hindi is not required. Please confirm whether Hindi is required or not

Refer Clause 4.1.1.11 (e): Capacity Building


k) Maximum number of trainees per batch should be limited to 25 officers. If required additional batches should be created by the bidder.

Please share locations and capacities of the classrooms that IBM will provide for the training What would be the minimum batch capacity?

Refer Clause 4.1.1.11: Capacity Building


l) Bidder shall impart training related to application deployment / installation,

Can IBM provide a breakup of the number of personnel who will undergo each type of training (no. of persons to training type mapping)



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administration and maintenance to technical users


q) Bidder shall ensure necessary environment setup, data creation to conduct end user training. Ministry of Mines / IBM / State departments shall provide the necessary infrastructure such as training classrooms to conduct the training. The training environment that is different from the production environment shall be used for conducting the training sessions

Will IBM provide the training environment (Server, Network connectivity, etc..) or will it have to be provided by the bidder?



q) Bidder shall ensure necessary environment setup, data creation to conduct end user training. Ministry of Mines / IBM / State departments shall provide the necessary infrastructure such as training classrooms to conduct the training. The training environment that is different from the production environment shall be used for conducting the training sessions

CMC assumes that the classrooms provided by IBM will be fully equipped with, *White Board *Overhead Projector (OHP) *Computers (at least in the ratio 1:2 i.e. 1 computer for 2 participants) *LAN *Internet Connectivity/Connectivity to Training environment



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639. Organisation 22 page 50,92 Mail and SMS Services

. Alerts such as detouring of vehicle from geo fenced route, authorization required etc would be sent to mining officers.

1 - How this alerts will be generated ? 2- Is there any existing vehicle tracking system available ? 3- Is GPS based vehicle tracking included in the scope to generate the alert on detouring the geo fence route?

It is desirable to generate alerts through vehicle tracking system. The bidder to check with states where Vehicle Tracking System is in place. Odisha is one such State.

640. Organisation 22 Assessment of GIS Inventory availability

It would be better to clarify the 'NSDI compatible data sets'.

NSDI has their standard meta data standards. It is expected that all GIS related data should adhere to these standards

641. Organisation 22 Development / Integration / Customization of MTS Core Solution

GIS might be indicated as phase III. How do we keep the consistency of data model and interface between other systems/sub systems during Phase I and Phase II.

GIS has been indicated as Phase III. However, the bidder may undertake this activity parallelly with other systems/sub systems.


'The Bidder should be able to integrate web map services' is fine. But it would be better to clarify 'GSI layers and other layers for the MTS GIS component'.

Different layers to be consumed on GIS have already been given in the RFP


Regarding 'NICMAP', are there any specific points to be checked from integration perppective. http://www.nicmap.org/

Bidders may visit the website to gain more information regarding GIS

644. Organisation 22 Setup of infrastructure in DC and DR

What should be considered from GIS perspective with regard to 'Recovery Point Objective and Recovery Time Objective' as indicated in the table.

The same RPO and RTO apply for all the modules

645. Organisation 22 Interface / Adapters GIS / DGPS Survey

It would be better to clarify the 'IBM circular no. 2/2010'

The circular is attached with the RFP document


'The functional requirements have been described in more detailes in the Functional Requirements Specification report provided as an enclosure with this report' Are there any updated Functional Requirements Specification report ?



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647. Organisation 22 Evaluation of Technical Bid

'100 marks to be alloted for each module', 'innovation and additional features proposed 60 marks'. Are there any specific advices/comments, as to what kind of 'innovation' would be impressive for IBM?

Bidders are expected to show their understanding on how best to meet the project objectives.

648. Organisation 22 Availability of Solutions (end user)

It would be better to clarify the 'EMS and SLA monitoring tool'.

The requirements are provided in software technical specifications

649. Organisation 22 Quality of services What should be considered from GIS perspective with regard to the Quality of services? It would be better to clarify the 'SLA monitoring tool'.

Bidder is required to meet the SLAs and requirements as stated in the RFP

650. Organisation 22 Miscellaneous Are there any 'Manufacturing Authorization Form ' templete?

Refer corrigendum

651. Organisation 22 Miscellaneous Is it possible to clarify the exact number of GIS users and Concurrent users respectively


652. Organisation 22 Miscellaneous Are there any restriction on Hardware, OS, DB, Web Application Server?

Minimum requirements are mentioned in the RFP document.

653. Organisation 23 Various SLAs for application performance have been stated in the RFP

How will bidder maintain the Infra SLA as Infra design and management is through NIC cloud and Bidder will not have role to play their. Also availability SLA majorly depends on Architecture and implementation methodology, and SLA needs to be inline with the same. Availability above 98.5% would High Availability Design and Architecture. Please clarify

Bidder will not be penalised for any performance issues attributable to the downtime of NIC cloud infrastructure

654. Organisation 24 Orchestration layer Whether the bidder will be required to purchase the orchestration layer or whether NIC will purchase it? Please provide details of the NIC cloud orchestration layer.

NIC will provide the Orchestration layer and hypervisors.


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655. Organisation 25 page 50,92 Mail and SMS Services

. Alerts such as detouring of vehicle from geo fenced route, authorization required etc would be sent to mining officers.

- How this alerts will be generated ? 2- Is there any existing vehicle tracking system available ? 3- Is GPS based vehicle tracking included in the scope to generate the alert on detouring the geo fence route?


656. Organisation 26 Assessment of GIS Inventory availability

It would be better to clarify the 'NSDI compatible data sets'.

NSDI has their standard meta data standards. It is expected that all GIS related data should adhere to these standards


It would be better to clarify the 'IBM circular no. 2/2010'

The requirement is self-explanatory


'The functional requirements have been described in more detailes in the Functional Requirements Specification report provided as an enclosure with this report' Are there any updated Functional Requirements Specification report ?

The bidders may please refer the Annexure I- I FRS

659. Organisation 27 Similar to payment terms for hardware, please include separate payment terms for COTS products, since IAs have to pay the OEMs upfront for COTS licenses.


660. Organisation 27 Request to include GIS as a COTS product. Also, technical specifications of the GIS product should be provided.


661. Organisation 27 Please consider QCBS based evaluation instead of L1 evaluation, because this would help quality players to enter in bidding process. Also this would further ensure quality delivery of project


662. Organisation 27 Please reduce EMD value to less than Rs. 1 Crore RFP conditions shall prevail

663. Organisation 27 Please mention the exact phase-wise (for Phases A, B and C) go-live conditions

System will not go-live phase wise (A, B, C), but all the modules will go-live at the same time.

664. Organisation 27 Please specify the acceptance and integration requirements of hardware with the states’ systems. Will this be a pre-condition for release of payment for the hardware?

Payments will be released as per criterion mentioned in RFP under Annexure G-I: Payment


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665. Organisation 27 Please confirm that the full implementation of OCBIS system will be done before proposed system development, because integration of proposed system has high dependability on OCBIS system implementation

Implementation of MTS is not dependent on fully functional OCBIS system. The bidder should provision suitable integration requirements in the MTS with systems like OCBIS.

666. Organisation 27 It is requested that IBM take the responsibility of checking the sanctity of data received from State DMGs. This can be done by setting up of edit stations in IBM Nagpur.

It is the responsibility of State DMGs, as per the MoU signed between IBM and State DMGs, to check the correctness of data before it is given to the selected bidder

667. Organisation 27 Please provide more clarity on the number of users who are going to be using the MTS system

Refer Annexure A - VII: Current IT Systems

668. Organisation 27 Also whether the GIS component should be an OGC compliant

Yes.

669. Organisation 28 Similar to payment terms for hardware, please include separate payment terms for COTs products, since IAs have to pay the OEMs upfront for COTs licenses.


670. Organisation 28 RFP should clearly mention that the COTs product should be compatible for hosting on the cloud

The RFP provides the details of the COTS applications and also states that the application will be hosted on NIC cloud.

671. Organisation 28 It was suggested that several COTS products are available in the market and it would be difficult for TEC to evaluate them if pre-qualification criteria are not mentioned in the RFP




673. Organisation 30 Please share technical specification for GIS product and interface requirements and also the formats in which GIS maps are available. Bidders highlighted that errors would erupt due to the scale of map and mapping of DGPS.

The bidder is expected to assess the initial GIS inventory as part of scope of work of the project. Further, the bidder would be required to make the GIS data 'ready for application' by processing it, as per the requirements of the RFP.


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674. Organisation 31 Whether the bidder also needs to account for the future GIS inventory which will become available during the project implementation and maintenance. If yes, please provide the details.

As per the scope of work, the bidder will be required to assess the current GIS inventory and the steps for integration with the MTS system

675. Organisation 32 Please specify what is the maximum number of consortium members

Please refer Page 27, clause 33



677. Organisation 32 Please allow bidders to quote global projects under eligibility criteria.


678. Organisation 32 Please clarify how the GIS platform is expected to be OGC compliant

This is self-explanatory

679. Organisation 32 Please relax the criteria of 3 similar projects if a bidder provides 1 project worth Rs. 40 Crore


680. Organisation 32 It is requested that since limited number of GIS players are operating in the market, this condition be removed.


681. Organisation 33 Is integration with further large scale maps (such as cadastral level, village level, district level) is in scope or not? Pls clarify

Yes

682. Organisation 33 How will the non-availability of DGPS survey in several states impact the implementation timelines of the project? Will the bidder be required to conduct this survey, in case it is not available

No bidders are not required to conduct the survey and states will provide the details. In case data from some states are not available at the time of implementation of MTs, the bidders should build in capability to consume that data, as and when it becomes available

683. Organisation 33 Will the DGPS survey also provide log files to the bidder, in order to map them on the platform?

All the required details for making GIS data 'ready for application' and subsequent mapping on the MTS solution will be provided to the bidders


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684. Organisation 33 Please clarify who will provide the data for digitization

IBM will provide all the required documents to the bidder at Nagpur

685. Organisation 33 Whether forward auctioning functionality is needed?

Auctioning is out of scope of this project

686. Organisation 33 Whether bidders can add any PSU related experience or only mining related experience should be shown in the responses.

The clauses mentioned in the RFP document are self-explanatory

687. Organisation 33 Who will procure the software licenses for the states?

Indicative number of users for both centre and state have been provided. Bidders are required to procure the licenses as per this description and their expected growth rate.

688. Organisation 33 What kind of two factor authentication is required as per the RFP and how many of users will be using two factor authentication mechanism?

Please refer Clause 4.1.1.6.6 (Page 48, point (b) and Page 50, Point 2 in the table)

689. Organisation 33 Who is responsible for vetting the GIS data provided by various entities?

As per the MoU signed between IBM and State DGMs, states will be responsible for vetting the GIS data provided by them.

690. Organisation 33 The samples for assessment will be provided by IBM and the location would be in Nagpur. Please confirm.

Yes

691. Organisation 33 Please reduce EMD value to less than Rs. 1 Crore RFP conditions shall prevail