reply to pre-bid queries ref no: f4.2(296)/risl/tech/2016...

S.No. RFP Page

No.

RFP Rule No. Rule Details Query/Suggestion/Clarification Reply to Pre-bid queries

1 17 4.1.C.2 2) Roles and Responsibilities of other

Stakeholders

We assume that the adequate space and infra would be provided by RISL

for the FMS staff depolyed by selected bidder.

Sitting Place will be provided by

RISL/DoIT&C. Please refer Pg. No 53

of RFP for Infra.

2 41 26.d Extension in Delivery Period and Liquidated

Damages (LD)

can you please guide the %age of LD is on propotionate pending portion

of the associated services for the quarter or total value for that quarter

As per revised RFP

3 44 35.c c) Termination for Convenience It is requested to kindly delete below clause:

RISL, by a written notice of at least 30 days sent to the supplier/ selected

bidder, may terminate the Contract, in whole or in part, at any time for its

convenience

As per RFP

4 49 7.2.A 7. SPECIAL TERMS AND CONDITIONS OF

TENDER & CONTRACT

2) Service Level Standards/ Requirements/

Agreement

A. IT Infrastructure service levels

It is requested to kindly reword as :

< 99.75% and >=97.75%---For every 0.25% degradation in the uptime

there will be a penalty of 0.25% of Agreed Quarterly Payment

<97.75%---For every 0.25% degradation in the uptime there will be a

penalty of 0.5% of the Agreed Quarterly Payment

Preventive Maintenence

In last 15 days of the quarter---Rs. 500/- per day per equipment subject to

maximum of Rs.3,000/- per equipment

As per RFP

5 9 PRE-

QUALIFICATIO

N/ ELIGIBILITY

CRITERIA

Financial: Turnover

Average Annual Turnover of the bidder

from IT/ ITeS during last three financial

years, i.e., from 2013-2014, 2014-2015 and

2015-16 (as per the last published audited

balance sheets), should be at least Rs.

45.00 Crores.

Documents Required:

CA Certificate with CA’s Registration

Number/ Seal

Financial: Turnover

Average Annual Turnover of the bidder from IT/ ITeS during last three

financial years, i.e., from 2013-2014, 2014-2015 and 2015-16 (as per the

last published audited balance sheets), should be at least Rs. 30.00

Crores.

As per RFP

6 10 PRE-

QUALIFICATIO

N/ ELIGIBILITY

CRITERIA

Certifications

The bidder must possess, at the time of

bidding, a valid ISO 27001 and CMMI Level

5 Certifications

Documents Required:

Copy of a valid certificates at the time of

bidding

Certifications

The bidder must possess, at the time of bidding, a valid ISO 27001 or

CMMI Level 5 Certifications (as CMMI Level Certificate is not required for

Hardware FMS)

As per RFP

Reply to pre-bid queriesRef No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017

of 30

S.No. RFP Page

No.


Ref No: F4.2(296)/RISL/Tech/2016/7759 dated 03/01/2017

7 10 PRE-

QUALIFICATIO

N/ ELIGIBILITY

CRITERIA

Certifications



5 Certifications

Documents Required:

Copy of a valid certificates at the time of

bidding

As per Current clause only CMMI 5 is only allowed request you kindly

allowed CMMI 3 also.

As per RFP

8 9 PRE-

QUALIFICATIO

N/ ELIGIBILITY

CRITERIA

PRE-QUALIFICATION/ ELIGIBILITY CRITERIA Net worth of the bidder should be positive in last two financial years from

last three financial years.

As per RFP

9 11 B-Facility

Management

Services for

Equipment’s/I

tems

B-Facility Management Services for

Equipment’s/Items- I- Asset Management

Services- d including Software License

Management-

The DCO shall be required to perform

software license management and notify

RISL on licensing contract renewal before 3

months of expiry

Does Existing Help Desktop tool have asset inventory and license

management modules included? Please share inputs.

As per revised RFP

10 50 Special terms

and

conditions of

tender &

contract-

2- Service Level Standards- B- Security

management Service Levels

1. Virus Attack

2. DoS

We hope data center have all world class required security solutions

available as expectations from bidders on VIRUS ATTACK and DENIAL OF

SERVICES are directly connected with current infrastructure.,Please

confirm current infrastructure on security of data center.

As per RFP

11 51 Minimum

Manpower

Resources

Minimum Manpower Resources To run data center operations 24*7, support window minimum resource

required are 4. All profiles currently mentioned are less than 4

resources.Please confirm on same.

As per RFP

12 53 Manpower

Change

Manpower Change- The penalty per

resource would be imposed in case of

exit/replacement of resource from the

project

Manpower Change- The penalty per resource would be imposed in case

of exit/replacement of resource from the project

Please share expectations in details. If bidder provide the replacement

without any delay, would there be still any penalty.

As per RFP

13 128 Price

Schedule C

Price Schedule C No. of quarters mentioned against FMS are 12.

Please confirm if FMS will be for 3 years only or its typo error and FMS will

also be for 16 qtr i.e. 4 years.

As per revised RFP

14 9 Qualification/

Eligibility

Criteria

2- Financial Turnover: Average Annual

Turnover of the bidder from IT/ITES during

last three years i.e. from 2014-2014, 2014-

2015 and 2015-2016 should be at least INR

45 Crores

Request you to please give relaxation in this term and change it to INR 25

Cr. We qualify as per experience and also have enough experience as per

ask in RFP.

Request you to please change it as this change will allow more bidders

and increase healthy competition. [As other T&C i.e. past exp are same,

quality bidders will only participate]

As per RFP

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15 9 Certifications Certifications: The bidder must possess, at

the time of bidding, a valid ISO 27001 and

CMMI L5 Certifications

We request you to change CMMI L5 to CMMI L3 or remove the term. As

current requirement does not require work on SDLC. Aside this, Please

ask for ISO 20000 certification as current RFP is all about FMS and ISO

20000 is important certificate for managed services

Request you to please change this, as this change will allow more and

qualified bidders (managed services experience) and lead to healthy and

fair completion.

As per RFP

16 10 7,Mandatory

Undertaking

Bidder should: -

a) not be insolvent, in receivership,

bankrupt or being wound up, not have its

affairs administered by a court or a judicial

officer, not have its business

activities suspended and must not be the

subject of legal proceedings for any of the

foregoing reasons;

b) not have, and their directors and officers

not have, been convicted of any criminal

offence related to their professional

conduct or the making of false

statements or misrepresentations as to

their qualifications to enter into a

procurement contract within a period of

three years preceding the

commencement of the procurement

process, or not have been otherwise

disqualified pursuant to debarment

proceedings;

c) not have a conflict of interest in the

procurement in question as specified in the

bidding document.

d) comply with the code of integrity as

specified in the bidding document.

Bidder requests modification: -

Bidder should: -

a) not be insolvent, in receivership, bankrupt or being wound up, not have

its affairs administered by a court or a judicial officer, not have its

business activities suspended and must not be the subject of legal

proceedings for any of the foregoing reasons;

b) not have, and their directors and officers not have, been convicted of

any criminal offence related to their professional conduct or the making

of false statements or misrepresentations as to their qualifications to

enter into a procurement contract within a period of three years

preceding the commencement of the procurement process, or not be

have been otherwise disqualified pursuant to debarment proceedings as

on the date of submission of the bid;

c) not have a conflict of interest in the procurement in question as


d) comply with the code of integrity as specified in the bidding document.

As per RFP

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17 11 A,Comprehen

sive Onsite

Maintenance

with spare

parts for

equipments.

The start dates of maintenance services of

these equipments, to the extent known,

have been provided in Annexure 1.

However RISL reserves the right to change

the start date of any equipment as per

project requirement and the same would

be informed to selected DCO accordingly.


The start dates of maintenance services of these equipments, to the

extent known, have been provided in Annexure 1. However RISL reserves

the right, subject to prior concurrence of the DCO, to change the start

date of any equipment as per project requirement and the same would

be informed to selected DCO accordingly. Any such change will follow the

change request mechanism.

As per RFP

18 14 4,4. SCOPE OF

WORK,

DELIVERABLES

& TIMELINES

i. The DCO shall also be responsible for

integration, management, maintenance

configuration/reconfiguration of any

additional Internet Bandwidth/networks

which needs to be integrated with RSDC

PHASE-1 network during entire contract

period.

The bidder requests to be provided with number of such additional

Internet Bandwidth/networks which needs to be integrated with RSDC

PHASE-1 network during entire contract period.

As per RFP

19 22 8(d),Bid

Security

The bid security may be given in the form

of a banker’s cheque or demand draft or

bank guarantee, in specified format, of a

scheduled bank . The bid security must

remain valid thirty days beyond the original

or extended validity period of the bid.

The bid security may be given in the form of a banker’s cheque or

demand draft or bank guarantee, in specified format, of a scheduled bank

. The bid security must remain valid thirty fourteen (14) days beyond the

original or extended validity period of the bid.

As per RFP

20 22 8(h),Bid

Security

The bid security of unsuccessful bidders

shall be refunded soon after final

acceptance of successful bid and signing of

Agreement and submitting performance

security.


The bid security of unsuccessful bidders shall be refunded within fourteen

(14) days of the selection of the successful bidder. soon after final

acceptance of successful bid and signing of Agreement and submitting

performance security.

As per RFP

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21 22 8(i),Bid

Security

The Bid security taken from a bidder shall

be forfeited, including the interest, if any,

in the

following cases, namely: -

a. when the bidder withdraws or modifies

its bid after opening of bids;

b. when the bidder does not execute the

agreement, if any, after placement of

supply/ work order within the specified

period;

c. when the bidder fails to commence the

supply of the goods or service or execute

work as per supply/ work order within the

time specified;

d. when the bidder does not deposit the

performance security within specified

period after the supply/ work order is

placed; and

e. if the bidder breaches any provision of

code of integrity, prescribed for bidders,



The Bid security taken from a bidder shall be forfeited, including the

interest, if any, in the

following cases, namely: -

a. when the bidder withdraws or modifies its bid after opening of bids;

b. when the bidder does not execute the agreement on mutually agreed

terms and conditions, if any, after placement of supply/ work order

within the specified period;

c. when the bidder fails to commence the supply of the goods or service

or execute work as per supply/ work order within the time specified, such

failure being attributable solely and directly to the bidder;

d. when the bidder does not deposit the performance security after

signing the contract within specified period after the supply/ work order

is placed; and

e. if the bidder breaches any provision of code of integrity, prescribed for

bidders, specified in the bidding document.

As per RFP

22 23 11(e

),Opening of

Bids

e) The committee shall conduct a

preliminary scrutiny of the opened

technical Bids to assess the

prima-facie responsiveness and ensure

that: -

a. the bid is accompanied by bidding

document fee, bid security or bid securing

declaration, and processing fee (if

applicable);

b. the bid is valid for the period, specified

in the bidding document;

c. the bid is unconditional and the bidder

has agreed to give the required

performance security;

and

d. other conditions, as specified in the

bidding document are fulfilled.

e. any other information which the

committee may consider appropriate.


e) The committee shall conduct a preliminary scrutiny of the opened

technical Bids to assess the

prima-facie responsiveness and ensure that: -

a. the bid is accompanied by bidding document fee, bid security or bid

securing declaration, and processing fee (if applicable);

b. the bid is valid for the period, specified in the bidding document;

c. subject to the deviations submitted, the bid is unconditional and the

bidder has agreed to give the required performance security;

and

d. other conditions, as specified in the bidding document are fulfilled.

e. any other information which the committee may consider appropriate.

As per RFP

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23 24 14 (e

),Evaluation

and

Tabulation of

Technical Bids

The procuring entity shall regard a Bid as

responsive if it conforms to all

requirements set out in the bidding

document, or it contains minor deviations

that do not materially alter or depart from

the characteristics, terms, conditions and

other requirements set out in the bidding

document, or if it contains errors or

oversights that can be corrected without

touching on the substance of the Bid.


The procuring entity shall regard a Bid as responsive if it conforms to all

requirements set out in the bidding document except for those

requirements for which deviations have been submitted by the bidder,

or it contains minor deviations that do not materially alter or depart from

the characteristics, terms, conditions and other requirements set out in

the bidding document, or if it contains errors or oversights that can be

corrected without touching on the substance of the Bid.

As per RFP

24 28 22,Acceptanc

e of

successful bid

and award of

contract

If the issuance of formal letter of

acceptance is likely to take time, in the

meanwhile a Letter of Intent (LOI) may be

sent to the bidder. The acceptance of an

offer is complete as soon as the letter of

acceptance or letter of intent is posted

and/ or sent by email (if available) to the

address of the bidder given in the bidding

document. Until a formal contract is

executed, the letter of acceptance or LOI

shall constitute a binding contract.


If the issuance of formal letter of acceptance is likely to take time, in the

meanwhile a Letter of Intent (LOI) may be sent to the bidder. The

acceptance of an offer is complete as soon as the letter of acceptance or

letter of intent is posted and/ or sent by email (if available) to the address

of the bidder given in the bidding document. Until a formal contract is

executed, the letter of acceptance or LOI shall constitute a binding

contract.

As per RFP

25 28 22

(i),Acceptance

of successful

bid and award

of contract

The bid security of the bidders who’sBids

could not be accepted shall be refunded

soon after the contract with the successful

bidder is signed and its performance

securityis obtained.


The bid security of the bidders who’sBids could not be accepted shall be

refunded within fourteen (14) days of the selection of the successful

bidder soon after the contract with the successful bidder is signed and its

performance securityis obtained.

As per RFP

26 28 25,Right to

Vary Quantity a) If the procuring entity does not procure

any subject matter of procurement or

procures less than the quantity specified in

the bidding documents due to change in

circumstances, the bidder shall not be

entitled for any claim or compensation.


a) If the procuring entity does not procure any subject matter of

procurement or procures less than the quantity specified in the bidding

documents due to change in circumstances, the bidder shall not be

entitled for any claim or compensation. However, any such reduction

should be capped at 10% of the quantity specified in the bidding

documents

As per RFP

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27 29 26 (e

),Performance

Security

Forfeiture of Security Deposit: Security

amount in full or part may be forfeited,

including interest, if any, in the following

cases:-

a. When any terms and condition of the

contract is breached.

b. When the bidder fails to make complete

supply as per the scope of tender

document.

c. if the bidder breaches any provision of

code of integrity, prescribed for bidders,



Forfeiture of Security Deposit: Security amount in full or part may be

forfeited, including interest, if any, in the following cases:-

a. When any terms and condition of the contract is breached.

b. When the bidder fails to make complete supply as per the scope of

tender document.

c. if the bidder breaches any provision of code of integrity, prescribed for

bidders, specified in the bidding document.

As per RFP

28 29 27

(a),Execution

of Agreement

A procurement contract shall come into

force from the date on which the letter of

acceptance or letter of intent is despatched

to the bidder.


A procurement contract shall come into force from the date on which the

contract is signed between the successful bidder and RISL letter of

acceptance or letter of intent is despatched to the bidder.

As per revised RFP

29 29 27

(b),Execution

of Agreement

The successful bidder shall sign the

procurement contract within 15 days from

the date on which the letter of acceptance

or letter of intent is despatched to the

successful bidder.


Subject to RISL adequately considering the deviations submitted by the

successful bidder, Tthe successful bidder shall sign the procurement

contract on mutually agreed terms and conditions within 15 days from

the date on which the letter of acceptance or letter of intent is

despatched to the successful bidder.

As per RFP

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30 29 27(

c),Execution

of Agreement

If the bidder, who’sBid has been accepted,

fails to sign a written procurement contract

or fails to furnish the required performance

security within specified period, the

procuring entity shall take

action against the successful bidder as per

the provisions of the bidding document and

Act. The procuring entity may, in such case,

cancel the procurement process or if it

deems fit, offer for

acceptance the rates of lowest or most

advantageous bidder to the next lowest or

most advantageous bidder, in accordance

with the Criteria and Procedures set out in

the bidding document.


If the bidder, who’s Bid has been accepted, fails, despite deviations being

adequately considered by RISL, to sign a written procurement contract or

fails to furnish the required performance security after signing the

contract on mutually agreed terms and conditions within specified

period, the procuring entity shall take

action against the successful bidder as per the provisions of the bidding

document and Act. The procuring entity may, in such case, cancel the

procurement process or if it deems fit, offer for

acceptance the rates of lowest or most advantageous bidder to the next

lowest or most advantageous bidder, in accordance with the Criteria and

Procedures set out in the bidding document.

As per RFP

31 30 28 (c

),Confidentiali

ty

The procuring entity may impose on

bidders and sub-contractors, if there are

any for fulfilling the terms of the

procurement contract, conditions aimed at

protecting information, the disclosure of

which violates (a) above.


Subject to prior concurrence of the bidder, Tthe procuring entity may

impose on bidders and sub-contractors, if there are any for fulfilling the

terms of the procurement contract, conditions aimed at protecting

information, the disclosure of

which violates (a) above.

As per RFP

32 30 28 (d

),Confidentiali

ty

In addition to the restrictions specified

above, the procuring entity, while

procuring a subjectmatter of such nature

which requires the procuring entity to

maintain confidentiality, may impose

condition for protecting confidentiality of

such information.

Bidder requests deletion of the clause. As per RFP

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33 30 29,Cancellatio

n of

Procurement

Process

d) The decision of the procuring entity to

cancel the procurement and reasons for

such decision shall be immediately

communicated to all bidders that

participated in the procurement process.

e) If the bidder who’sBid has been

accepted as successful fails to sign any

written procurement contract as required,

or fails to provide any required security for

the performance of the contract, the

procuring entity may cancel the

procurement process.


d) The decision of the procuring entity to cancel the procurement and

reasons for such decision shall be immediately communicated to all

bidders that participated in the procurement process.

e) If the bidder who’sBid has been accepted as successful fails, despite

deviations being adequately considered by RISL, to sign any written

procurement contract as required, or fails to provide any required

security for the performance of the contract after signing the contract on

mutually agreed terms and conditions, the procuring entity may cancel

the procurement process.

As per RFP

34 30 29

(f),Cancellatio

n of

Procurement

Process

If a bidder is convicted of any offence

under the Act, the procuring entity may: -

a. cancel the relevant procurement process

if the Bid of the convicted bidder has been

declared as successful but no procurement

contract has been entered into;

b. Rescind (cancel) the relevant contract or

forfeit the payment of all or a part of the

contract value if the procurement contract

has been entered into between the

procuring entity and the convicted bidder.

Need more clarification.

Is the Act in question - RTPP?

As per RFP

35 31 30

(b)(a)(v),Code

of Integrity

any financial or business transactions

between the bidder and any officer or

employee of the procuring entity;


any financial or business transactions between the bidder and any officer

or employee of the procuring entity for the sole purpose of gaining unfair

advantage in the procurement process or to otherwise influence the

procurement process;

As per RFP

36 31 30 (b),Code of

Integrity

b. disclosure of conflict of interest;

c. disclosure by the bidder of any previous

transgressions with any entity in India or

any other country during the last three

years or of any debarment by any other

procuring entity.


b. disclosure of conflict of interest;

c. disclosure by the bidder of any previous transgressions with any entity

in India or any other country during the last three years or of any

debarment by any other procuring entity.

As per RFP

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37 31 30 (c ),Code

of Integrity

Without prejudice to the provisions below,

in case of any breach of the code of

integrity by a bidder or prospective bidder,

as the case may be, the procuring entity

may take appropriate measures including: -

a. exclusion of the bidder from the

procurement process;

b. calling-off of pre-contract negotiations

and forfeiture or encashment of bid

security;

c. forfeiture or encashment of any other

security or bond relating to the

procurement;

d. recovery of payments made by the

procuring entity along with interest

thereon at bank rate;

e. cancellation of the relevant contract and

recovery of compensation for loss incurred

by the procuring entity;

f. Debarment of the bidder from

participation in future procurements of the

procuring entity for a period not exceeding

three years.


Without prejudice to the provisions below, in case of any breach of the

code of integrity by a bidder or prospective bidder, as the case may be,

the procuring entity may take appropriate measures including: -

a. exclusion of the bidder from the procurement process;

b. calling-off of pre-contract negotiations and forfeiture or encashment of

bid security;

c. forfeiture or encashment of any other security or bond relating to the

procurement;

d. recovery of payments made by the procuring entity along with interest

thereon at bank rate;

e. cancellation of the relevant contract and recovery of compensation for

loss incurred by the procuring entity;

f. Debarment of the bidder from participation in future procurements of

the procuring entity for a period not exceeding three years.

As per RFP

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38 31 31,Interferenc

e with

Procurement

Process

A bidder, who: -

a) withdraws from the procurement

process after opening of financial bids;

b) withdraws from the procurement

process after being declared the successful

bidder;

c) fails to enter into procurement contract

after being declared the successful bidder;

d) fails to provide performance security or

any other document or security required in

terms of the bidding documents after being

declared the successful bidder, without

valid grounds,

shall, in addition to the recourse available

in the bidding document or the contract, be

punished with fine which may extend to

fifty lakh rupees or ten per cent of the

assessed value of procurement, whichever

is less.


A bidder, who: -

a) withdraws, without any reasonable cause, from the procurement

process after opening of financial bids;

b) withdraws from the procurement process, without any reasonable

cause, after being declared the successful bidder;

c) fails to enter into procurement contract on mutually agreed terms and

conditions after being declared the successful bidder;

d) fails to provide performance security or any other document or

security required in terms of the bidding documents after signing the

contract with RISL being declared the successful bidder, without valid

grounds,

shall, in addition to the recourse available in the bidding document or the

contract, be punished with fine which may extend to fifty lakh rupees or

ten per cent of the assessed value of procurement, whichever is less.

As per RFP

39 36 4(a),Eligible

Goods and

Related

Services

For purposes of this Clause, the term

“goods” includes commodities, raw

material, machinery, equipment, and

industrial plants; and “related services”

includes services such as insurance,

transportation, supply, installation,

integration, testing, commissioning,

training, and initial

maintenance.


For purposes of this Clause, the term “goods” includes means

commodities, raw material, machinery, equipment, and industrial plants;

and “related services” includes means services such as insurance,

transportation, supply, installation, integration, testing, commissioning,

training, and initial maintenance.

As per RFP

40 36 7(b),Scope of

Supply

Unless otherwise stipulated in the Contract,

the scope of supply shall include all such

items/servicesnot specifically mentioned in

the Contract but that can be reasonably

inferred from the Contract as being

required for attaining delivery and

completion of the goods and related

services as if such items/services were

expressly mentioned in the Contract.


Unless otherwise stipulated in the Contract, the scope of supply shall

include mean all such items/servicesnot specifically mentioned in the

Contract but that can be reasonably inferred from the Contract as being

required for attaining delivery and completion of the goods and related

services as if such items/services were expressly mentioned in the

Contract.

As per RFP

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41 37 8(b),Delivery

and

Installation

The contract for the supply can be

repudiated at any time by the purchase

officer, if the supplies are not made to his

satisfaction after giving an opportunity to

the bidder of being heard and recording

the reasons for repudiation.


The contract for the supply can be repudiated at any time by the

purchase officer, if the supplies are not made in accordance with the

contract provided the bidder is given a cure period of at least thirty (30)

days to remedy the defect. to his satisfaction after giving an opportunity

to the bidder of being heard and recording the reasons for repudiation.

As per RFP

42 37 12,Recoveries

from

Supplier/Selec

ted Bidder

a) Recovery of liquidated damages, short

supply, breakage, rejected articles shall be

made ordinarily from bills.

b) The Purchase Officer shall withhold

amount to the extent of short supply,

broken/ damaged or for rejected articles

unless these are replaced satisfactorily. In

case of failure to withhold the amount,

it shall be recovered from his dues and

performance security deposit available

under this contract with tendering

authority.

c) The balance, if any, shall be demanded

from the Supplier/ Selected Bidder and

when recovery is not possible, the

Purchase Officer shall take recourse to law

in force.


a) Recovery of liquidated damages , short supply, breakage, rejected

articles shall be made ordinarily from bills.

b) The Purchase Officer shall withhold amount to the extent of short

supply, broken/ damaged or for rejected articles unless these are replaced

satisfactorily. In case of failure to withhold the amount,

it shall be recovered from his dues and performance security deposit

available under this contract with tendering authority.

c) The balance, if any, shall be demanded from the Supplier/ Selected

Bidder and when recovery is not possible, the Purchase Officer shall take

recourse to law in force.

As per RFP

43 37 13,Taxes and

Duties

As per RFP Bidder requests addition -

Any increase or decrease in the rates of the applicable taxes or any new

levy on account of changes in law shall be to the account of Purchaser.

As per RFP

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44 38 14,Copyright The copyright in all drawings, design

documents, source code and other

materials containing data and information

furnished to the Purchaser by the Supplier/

Selected Bidder herein shall remain vested

in the purchaser, or, if they are furnished to

the Purchaser directly or through the

Supplier/ Selected Bidder by any third

party, including suppliers of materials, the

copyright in such materials shall remain

vested in such <third party>.


The copyright in all drawings, design documents, source code and other

materials containing data and information furnished to the Purchaser by

the Supplier/ Selected Bidder herein shall remain vested in the purchaser

Supplier/Selected Bidder, or, if they are furnished to the Purchaser

directly or through the Supplier/ Selected Bidder by any third party,

including suppliers of materials, the copyright in such materials shall

remain

vested in such <third party>.

As per RFP

45 38 16, Sub-

contracting

The bidder shall not assign or sub-let his

contract or any substantial part thereof to

any other agency excluding the physical

security services which can be availed as

per prevailing GoR rules, housekeeping

services and Support Back Office.

The bidder shall not assign or sub-let his contract or any substantial part

thereof to any other agency excluding the physical security services which

can be availed as per prevailing GoR rules, housekeeping services and

Support Back Office; without taking prior permission from the purchaser.

Sir, Please also share the details of physical security services which can

be availed as per prevailing GoR rules, housekeeping services and

Support Back Office

As per RFP

46 39 17

(a),Specificati

ons and

Standards

All servicessupplied shall strictly conform to

the specifications, trademark laid down in

the bidding document and wherever

services have been required according to

ISI/ ISO/ other applicable

specifications/ certifications/ standards,

those articles should conform strictly to

those specifications/ certifications/

standards. The supply shall be of best

quality and description. The decision of the

competent authority/ purchase committee

whether the services supplied conform

to the specifications shall be final and

binding on the supplier/ selected bidder.


All services supplied shall strictly conform to the specifications, trademark

laid down in the bidding document and wherever services have been

required according to ISI/ ISO/ other applicable

specifications/ certifications/ standards, those articles should conform

strictly to those specifications/ certifications/ standards. The supply shall

be of best standard quality and description. The decision of the

competent authority/ purchase committee whether the services supplied

conform

to the specifications shall be final and binding on the supplier/ selected

bidder.

As per RFP

of 30

S.No. RFP Page

No.



47 39 17

(d),Specificati

ons and

Standards

The supplier/ selected bidder must certify

that all the goods/spares are new, unused,

and of the agreed make and models, and

that they incorporate all recent

improvements in design and materials,

unless provided otherwise in the Contract.

This is not a Project of supply of H/w. It is a service project hence, Kindly

delete the clause.

As per RFP

48 40 25(a),Rejectio

n

The manpower deputed by the supplier

shall be reviewed by the purchaser in terms

of its qualifications, experience, efficiency,

cooperation, discipline and performance

and services. The purchaser, upon finding

any deficiency in any of the parameter,

may reject any of the manpower by giving

15 days time, as decided by the purchaser,

which the selected bidder has to replace

within the given time frame.


The manpower deputed by the supplier shall be reviewed by the

purchaser in terms of its qualifications, experience, efficiency,

cooperation, discipline and performance and services. The

purchaser, upon finding that any of the manpower is guilty of a corrupt

or fraudulent act deficiency in any of the parameter, may reject any of

the manpower by giving 15 days time, as decided by the purchaser, which

the selected bidder has to replace within the given time frame.

As per RFP

49 40 25

(b),Rejection

If, however, due to exigencies of RSDC

PHASE-1 work, such replacement either in

whole or in part, is not considered feasible,

the Purchaser Officer after giving an

opportunity to the selected bidder

of being heard shall for reasons to be

recorded, deduct penalty equals to twice

the amount as mentioned in column

number “8” of the table ”Minimum

Manpower Resources” given under clause

2- C i.e“Manpower availability service

levels” of chapter 7: “SPECIAL TERMS AND

CONDITIONS OF CONTRACT” from the

quarterly payment. The deduction so made

shall be final.


If, however, due to exigencies of RSDC PHASE-1 work, such replacement

either in whole or in part, is not considered feasible, the Purchaser Officer

after giving an opportunity to the selected bidder of being heard shall for

reasons to be recorded, deduct penalty equals to twice half the amount

as mentioned in column number “8” of the table ”Minimum Manpower

Resources” given under clause 2- C i.e“Manpower availability service

levels” of chapter 7: “SPECIAL TERMS AND CONDITIONS OF CONTRACT”

from the quarterly payment. The deduction so made shall be final.

As per RFP

of 30

S.No. RFP Page

No.



50 40 26(b),Extensio

n in Delivery

Period and

Liquidated

damages (LD)

The time specified for commencement of

services in the bidding document shall

deemed to be the essence of the contract

and the selected biddershall arrange goods

supply and related services

within the specified period.


The time specified for commencement of services in the bidding

document shall deemed to be the essence of the contract and the

selected bidder shall arrange goods supply and related services

within the specified period.

As per RFP

51 41 26,Extension

in Delivery

Period and

Liquidated

damages (LD)

c) Date of commencement of Services may

be extended with or without liquidated

damages, if the delay in the

commencement ofservice is on account of

hindrances beyond the control of the

supplier/ selected bidder.

Bidder requests modification:

c) Date of commencement of Services may shall be extended with or

without liquidated damages, if the delay in the commencement ofservice

is on account of hindrances beyond the control of the

supplier/ selected bidder.

As per RFP

52 41 28(b),Mainten

ance Contract

If having been notified i.e. generation of

ticket, the selected bidder fails to remedy

the defect within the period specified, the

purchaser may proceed to take such

remedial action as may be necessary and

cost of the same shall be deducted from

payment of selected bidder


If having been notified i.e. generation of ticket, the selected bidder fails to

remedy the defect within the period specified, the purchaser may

proceed to take such remedial action as may be necessary and cost of the

same shall be deducted from payment of selected bidder. Provided

however that the Purchaser shall first give a prior reasonable notice to

the Service Provider to rectify the default and only if the default

continues even after the expiry of the cure period shall Purchaser have

the right to invoke this clause. Provided further that the aggregate

liability on account of the invocation of this clause shall be restricted to

5% of the charges which otherwise would have been payable to the

Service Provider had this clause not been invoked

As per RFP

of 30

S.No. RFP Page

No.



53 41 28 (c

),Maintenanc

e Contract

During the maintenance and support

contract period, the bidder shall be

responsible to ensure adequate and timely

availability of spare parts needed for

repairing the equipments/parts. The bidder

has to see the end of support/end of

sale/end of service dates being declared by

respective OEM’s time to time and make

necessary arrangements of spares for

catering maintenance needs of

equipments/parts during entire contract

period. In case, at the time of resolution of

any

compliant,the equipment(s)/part(s) is

found non-serviceable during contract

period, the selected service provider shall

be responsible for replacing the non-

serviceable equipment/part with

same/higher configuration equipment/part

of the same make at no extra cost to the

purchaser.


During the maintenance and support contract period, the bidder shall be

responsible to ensure adequate and timely availability of spare parts

needed for repairing the equipments/parts. The bidder has to see the end

of support/end of sale/end of service dates being declared by respective

OEM’s time to time and make necessary arrangements of spares for

catering maintenance needs of equipments/parts during entire contract

period. In case, at the time of resolution of any

compliant,the equipment(s)/part(s) is found non-serviceable during

contract period, the selected service provider shall be responsible for

replacing the non-serviceable equipment/part with same/higher

configuration equipment/part of the same make at no extra cost to the

purchaser.

As per RFP

54 42 29,Patent

Indmenity

As per RFP As per RFP

of 30

S.No. RFP Page

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55 42 30,Limitation

of Liability

a) Neither party shall be liable to the other

party for any indirect or consequential loss

or damage, loss of use, loss of production,

or loss of profits or interest costs, provided

that this exclusion shall not apply to any

obligation of the supplier/ selected bidder

to pay liquidated damages tothe Purchaser;

and

b) The aggregate liability of the supplier/

selected bidder to the Purchaser, whether

under the Contract, in tort, or otherwise,

shall not exceed the total contract

value/amount/charges paid to the

Supplier/ selected bidder until the time

such claim was brought about, provided

that this limitation shall not apply; i) to any

obligation of the supplier/ selected bidder

to indemnify the Purchaser with respect to

patent infringement, and ii) any damages

payable due to the Gross

Negligence or Wilful Misconduct of the

Supplier/selected bidder.


a) Neither party shall be liable to the other party for any indirect or

consequential loss or damage, loss of use, loss of production, or loss of

profits or interest costs, provided that this exclusion shall not apply to any

obligation of the supplier/ selected bidder to pay liquidated damages

tothe Purchaser; and

b) The aggregate liability of the supplier/ selected bidder to the

Purchaser, whether under the Contract, in tort, or otherwise, shall not

exceed the total contract value/amount/charges paid to the Supplier/

selected bidder until the time such claim was brought about, provided

that this limitation shall not apply; i) to any obligation of the supplier/

selected bidder to indemnify the Purchaser with respect to patent

infringement, and ii) any damages payable due to the Gross

Negligence or Wilful Misconduct of the Supplier/selected bidder.

As per RFP

of 30

S.No. RFP Page

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56 44 33(a),Termina

tion for

Default

i. The tender authority may, without

prejudice to any other remedy for breach

of contract, by a written notice of default

of at least 30 days sent to the supplier/

selected bidder, terminate

the contract in whole or in part: -

a. If the supplier/ selected bidder fails to

deliver any or all quantities of the service

within the time period specified in the

contract, or any extension thereof granted

by RISL; or

b. If the supplier/ selected bidder fails to

perform any other obligation under the

contract within the specified period of

delivery of service or any extension granted

thereof; or

c. If the supplier/ selected bidder, in the

judgement of the Purchaser, is found to be

engaged in corrupt, fraudulent, collusive, or

coercive practices in competing for or in

executing the contract.

d. If the supplier/ selected bidder commits

breach of any condition of the contract.

ii. If RISL terminates the contract in whole

or in part, amount of PSD may be forfeited.

iii. Before cancelling a contract and taking

further action, advice of senior most

finance person available in the office and of

Bidder requests modification :-

i. Subject to giving a cure period of at least thirty (30) days to the

Supplier/Service Provider for remedying the defect, Tthe tender

authority may, without prejudice to any other remedy for breach of

contract, by a written notice of default of at least 30 days sent to the

supplier/ selected bidder, terminate

the contract in whole or in part: -

a. If the supplier/ selected bidder fails to deliver any or all quantities of

the service within the time period specified in the contract, or any

extension thereof granted by RISL; or

b. If the supplier/ selected bidder fails to perform any other obligation

under the contract within the specified period of delivery of service or any

extension granted thereof; or

c. If the supplier/ selected bidder, in the judgement of the Purchaser, is

found to be engaged in corrupt, fraudulent, collusive, or coercive

practices in competing for or in executing the contract.

d. If the supplier/ selected bidder commits breach of any condition of the

contract.

ii. If RISL terminates the contract in whole or in part, amount of PSD may

be forfeited.

iii. Before cancelling a contract and taking further action, advice of senior

most finance person available in the office and of legal adviser or legal

assistant posted in the office, if there is one, may be obtained.

iv. As on and upto the effective date of termination, Tendering Authority

may shall pay:

a. the unpaid value of all the assets supplied by the Bidder and accepted

by the purchaser in accordance with the RFP specifications in order to

As per RFP

of 30

S.No. RFP Page

No.



57 44 33(c

),Termination

for

Convenience

i. RISL, by a written notice of at least 30

days sent to the supplier/ selected bidder,

may terminate the Contract, in whole or in

part, at any time for its convenience. The

Notice of termination shall specify that

termination is for the Purchaser’s

convenience, the extent to which

performance of the supplier/ selected

bidder under the Contract is terminated,

and the date upon which such termination

becomes effective.

ii. Depending on merits of the case the

supplier/ selected bidder may be

appropriately compensated on mutually

agreed terms for the loss incurred by the

contract if any due to such termination.

iii. The Goods that are complete and ready

for shipment within twenty-eight (28) days

after the supplier’s/ selected bidder’s

receipt of the Notice of termination shall

be accepted by the Purchaser at the

Contract terms and prices. For the

remaining Goods, the Purchaser may elect:

a. To have any portion completed and

delivered at the Contract terms and prices;

and/or

b. To cancel the remainder and pay to the

supplier/ selected bidder an agreed


i. RISL, by a written notice of at least 30 sixty (60) days sent to the

supplier/ selected bidder, may terminate the Contract, in whole or in part,

at any time for its convenience. The Notice of termination shall specify

that termination is for the Purchaser’s convenience, the extent to which

performance of the supplier/ selected bidder under the Contract is

terminated, and the date upon which such termination becomes

effective.

ii. Depending on merits of the case the supplier/ selected bidder shall

may be appropriately compensated on mutually agreed terms for the loss

incurred by the contract if any due to such termination.

iii. The Goods that are complete and ready for shipment within twenty-

eight (28) days after the supplier’s/ selected bidder’s receipt of the Notice

of termination shall be accepted by the Purchaser at the Contract terms

and prices. For the remaining Goods, the Purchaser may elect:

a. To have any portion completed and delivered at the Contract terms

and prices; and/or

b. To cancel the remainder and pay to the supplier/ selected bidder an

agreed amount for partially completed Goods and Related Services and

for materials and parts previously procured by the supplier/ selected

bidder.

In the event of termination of the Contract by any Party, the

Supplier/Selected Bidder shall be paid for all the goods delivered and

services rendered upto the effective date of termination.

As per RFP

58 45 34

(b),Transfer of

Assets

The selected bidder, if not already done,

will transfer all the Software Licenses under

the name of the DoIT&C, GoR as desired by

the procuring entity during the exit

management period.

Bidder requests deletion of this clause as no s/w is supplied. As per RFP

of 30

S.No. RFP Page

No.



59 45 34

(d),Transfer of

Assets

That the products and technology delivered

to RISL during the contract term or on

expiry of the contract duration should not

be sold or re-used or copied or transferred

by selected bidder to other locations apart

from the locations mentioned in the this

bidding

document without prior written notice and

approval of RISL. Supplied hardware,

software & documents etc., used by

selected bidder for RISL shall be the legal

properties of RISL.


That the products and technology delivered to RISL during the contract

term or on expiry of the contract duration should not be sold or re-used

or copied or transferred by selected bidder to other locations apart from

the locations mentioned in the this bidding

document without prior written notice and approval of RISL. Supplied

hardware, software & documents etc., used by selected bidder for RISL

shall be the legal properties of RISL.

As per RFP

60 46 34 (e )

(i),Transfer of

certain

Agreements

On request by Procuring entity or its

nominated agencies, the selected bidder

shall effect such assignments, transfers,

innovations, licenses and sub-licenses as

Procuring entity or its nominated agencies

may require in favour of procuring entity or

its nominated agencies, or

its replacement operator in relation to any

equipment lease, maintenance or service

provision agreement between selected

bidder and third party leasers, operators,

or operator, and which are related to the

services and reasonably necessary for

carrying out of the replacement services by

RISL or its nominated agencies, or its

replacement operator.


On request by Procuring entity or its nominated agencies, the selected

bidder shall effect such assignments, transfers, innovations, licenses and

sub-licenses as Procuring entity or its nominated agencies may require in

favour of procuring entity or its nominated agencies, or

its replacement operator in relation to any equipment lease, maintenance

or service provision agreement between selected bidder and third party

leasers, operators, or operator, and which are related to the services and

reasonably necessary for carrying out of the replacement services by RISL

or its nominated agencies, or its replacement operator.

As per RFP

61 47 34(g) (viii),Exit

Management

Plan

During the exit management period, the

selected bidder shall use its best efforts to

deliver the services.


During the exit management period, the selected bidder shall use its best

commercially reasonable efforts to deliver the services.

As per RFP

of 30

S.No. RFP Page

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62 57 7(2),Service

Level

Standards/

Requirements

/ Agreement

Penalty Capping:

Total penalties except those defined in (C):

“Manpower availability service levels” shall

not be higher than 50% of Agreed Quarterly

Payment for respective quarter whereas

total penalty including penalties towards


not be higher that the Agreed Quarterly

Payment for respective quarter.

Bidder requests modification in the Penalty Capping:

Total penalties except those defined in (C): “Manpower availability service

levels” shall not be higher than 50% 5% of Agreed Quarterly Payment for

respective quarter whereas total penalty including penalties towards

“Manpower availability service levels” shall not be higher that 10% of the

Agreed Quarterly Payment for respective quarter.

As per revised RFP

63 57 3(b),Change

Requests/Ma

nagement

DCO shall be paid for such additional SoW

which may have financial implications in

terms of the overall cost of the project. The

DCO shall be reimbursed the actual

additional cost calculated as the gross

salary paid to the additional staff deployed

onsite at RSDC PHASE-1 by the DCO plus

50% of the gross salary to account for other

expenditure of the DCO towards other

perquisites like Leave Travel

Concession/Medical Facility etc and

administrative expenditures,etc. The DCO

shall take prior approval from the RISL

before deployment of additional resources.

Bidder requests modification:

DCO shall be paid for such additional SoW which may have financial

implications in terms of the overall cost of the project. Any such

additional costs shall be mutually agreed between DCO and

thepurchaser. The DCO shall be reimbursed the actual additional cost

calculated as the gross salary paid to the additional staff deployed onsite

at RSDC PHASE-1 by the DCO plus 50% of the gross salary to account for

other expenditure of the DCO towards other perquisites like Leave Travel

Concession/Medical Facility etc and administrative expenditures,etc. The

DCO shall take prior approval from the RISL before deployment of

additional resources. In absence of written sign off between both the

parties, the DCO shall not be in obligation to provide such additional

SoW.

As per RFP

64 90 Note ,5 Location wise hardware details are

mentioned in Annexure-1. However RISL

reserves the right to change the location of

any

equipment/hardware/software as per

requirement of the RISL/DoIT&C and can

interchange/replace any equipment

between RSDC Phase I/ RSDC Phase II/

RSDC Phase III/DR.


Location wise hardware details are mentioned in Annexure-1. However

RISL reserves the right to change the location of any

equipment/hardware/software as per requirement of the RISL/DoIT&C

and can interchange/replace any equipment between RSDC Phase I/ RSDC

Phase II/ RSDC Phase III/DR.

As per RFP

65 92 Annexure

4,Bidders

Authorization

Certificate

As per RFP As per RFP

of 30

S.No. RFP Page

No.



66 93 Annexure

5,Self

Declaration

In response to the NIB Ref. No.

_____________________________ dated

___________ for {Project Title},

as an Owner/ Partner/ Director/ Auth. Sign.

of

___________________________________

_, I/ We hereby

declare that presently our Company/ firm

_________________, at the time of

bidding,: -

a) possess the necessary professional,

technical, financial and managerial

resources and competence required by the

Bidding Document issued by the Procuring

Entity;

b) have fulfilled my/ our obligation to pay

such of the taxes payable to the Union and

the State Government or any local

authority as specified in the Bidding

Document;

c) is having unblemished record and is not

declared ineligible for corrupt & fraudulent

practices either indefinitely or for a

particular period of time by any State/

Central government/ PSU/ UT.

d) does not have any previous

transgressions with any entity in India or

any other country during the last three


In response to the NIB Ref. No. _____________________________ dated ___________ for {Project

Title},

as an Owner/ Partner/ Director/ Auth. Sign. of ____________________________________, I/ We

hereby

declare that presently our Company/ firm _________________, at the time of bidding,: -

a) possess the necessary professional, technical, financial and managerial resources and competence

required by the Bidding Document issued by the Procuring Entity;

b) have fulfilled my/ our obligation to pay such of the taxes payable to the Union and the State

Government or any local authority as specified in the Bidding Document;

c) is having unblemished record and is not declared ineligible for corrupt & fraudulent practices either

indefinitely or for a particular period of time by any State/ Central government/ PSU/ UT as on the

date of submission of the bid.

d) does not have any previous transgressions with any entity in India or any other country during the

last three years

e) is not currently debarred with any government entity as on the date of submission of the bid

does not have any debarment by any other procuring entity

f) isnot insolvent in receivership, bankrupt or being wound up, not have its affairs administered by a

court or a judicial officer, not have its business activities suspended and is not the subject of legal

proceedings for any of the foregoing reasons;

g) does not have, and ourdirectors and officers not have been convicted of any criminal offence

related to their professional conduct or the making of false statements or misrepresentations as to

their qualifications to enter into a procurement contract within a period of three yearspreceding the

commencement of the procurement process, or not have been otherwise disqualified pursuant to

debarment proceedings;

h) does not have a conflict of interest as mentioned in the bidding document which materially affects

the fair competition.

i) will comply with the code of integrity as specified in the bidding document. If this declaration is

found to be incorrect then without prejudice to any other action that may be taken as per the

provisions of the applicable Act and Rules thereto prescribed by GoR, my/ our security may be

forfeited in full and our bid, to the extent accepted, may be cancelled.

As per revised RFP

of 30

S.No. RFP Page

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67 94 Annexure

6,Certificate

of

Conformity/N

o Deviation

This is to certify that, the specifications of

Hardware & Software which I/ We have

mentioned in the echnical bid, and which I/

We shall supply if I/ We am/ are awarded

with the work, are in conformity with

the minimum specifications of the bidding

document and that there are no deviations

of any kind from the requirement

specifications.

Also, I/ we have thoroughly read the

bidding document and by signing this

certificate, we hereby submit our token of

unconditional acceptance to all the terms &

conditions of the bidding document

without any deviations.

I/ We also certify that the price I/ we have

quoted is inclusive of all the cost factors

involved in the end-toend implementation

and execution of the project, to meet the

desired Standards set out in the bidding

Document.


This is to certify that, the specifications of Hardware & Software which I/

We have mentioned in the echnical bid, and which I/ We shall supply if I/

We am/ are awarded with the work, are in conformity with

the minimum specifications of the bidding document and that there are

no deviations of any kind from the requirement specifications except for

the deviations submitted by us.

Also, I/ we have thoroughly read the bidding document and by signing

this certificate, we hereby submit our token of unconditional acceptance

to all the terms & conditions of the bidding document except for those

terms and conditions for which deviations have been submitted by us

forming an integral part of our proposal without any deviations.

I/ We also certify that the price I/ we have quoted is inclusive of all the

cost factors involved in the end-toend implementation and execution of

the project, to meet the desired Standards set out in the bidding

Document.

As per RFP

68 96 Annexure

11,Financial

Bid Cover

Letter &

Format

We agree to all the terms & conditions as

mentioned in the bidding document and

submit that we have not submitted any

deviations in this regard.

We agree to all the terms & conditions as mentioned in the bidding

document except for the deviations submitted along with the bid. and

submit that we have not submitted any deviations in this regard.

As per RFP

69 142 Annexure

19,Indicative

Non

Disclosure

and

Confidentialit

y Agreement

As per RFP Request the Condifentiality Agreement be made mutual since both

Parties shall be sharing/disclosing information with respect to each other.

As per RFP

of 30

S.No. RFP Page

No.



70 142 Annexure

19,Indicative

Non

Disclosure

and

Confidentialit

y Agreement

As per RFP Any information desginated as Confidentiail and in any form other than in

writing shall be reduced to writing within thirty (30) days from the date of

disclosure.

As per RFP

71 144 Annexure

19,Indicative

Non

Disclosure

and

Confidentialit

y Agreement

3.4 Whereas, the DCO has agreed to fully

abide by the terms of this non-disclosure

agreement and it has also been agreed by

the parties that if there will be any breach

or violation of the terms of agreement vis-à-

vis non-disclosure clause, the DCO shall not

only be liable for consequential costs and

damages but in addition to that will also be

liable for criminal prosecution in

accordance with the prevailing laws.

Bidder requests modification: - Kindly delete the clause.

3.4 Whereas, the DCO has agreed to fully abide by the terms of this non-

disclosure agreement and it has also been agreed by the parties that if

there will be any breach or violation of the terms of agreement vis-à-vis

non-disclosure clause, the DCO shall not only be liable for consequential

costs and damages but in addition to that will also be liable for criminal

prosecution in accordance with the prevailing laws.

As per RFP

72 NA NA,Savings

Clause

Clause to be added Supplier/Service Provider’s failure to perform its contractual

responsibilities, to perform the services, or to meet agreed service levels

shall be excused if and to the extent Supplier/Service Provider's

performance is effected , delayed or causes non-performance due to

Purchaser's omissions or actions whatsoever.

As per RFP

73 NA NA,Deemed

Acceptance

Clause to be added Services and/or deliverables shall be deemed to be fully and finally

accepted by Purchaser in the event when Purchaser has not submitted its

acceptance or rejection response in writing to Supplier/Service Provider

within 15 days from the date of installation/commissioning or when

Purchaser uses the Deliverable in its business, whichever occurs earlier.

Parties agree that Supplier/Service Provider shall have 15 days time to

correct in case of any rejection by Client.

As per RFP

74 NA NA,SNR Clause to be added Purchaser hereby agrees to make the site ready as per the agreed

specifications, within the agreed timelines. Purchaser agrees that

Supplier/Service Provider shall not be in any manner be liable for any

delay arising out of Purchaser's failure to make the site ready within the

stipulated period, including but not limited to levy of liquidated damages

for any delay in performance of Services under the terms of this

Agreement.

As per RFP

of 30

S.No. RFP Page

No.



75 NA NA,Intellectua

l Protection

Clause to be added No intellectual property rights of any nature shall be transferred from one

party to the other in the course of performing any obligations or

otherwise under this agreement. For the avoidance of doubt,

Supplier/Service Provider may use certain tools, processes or

methodologies of its own in performing the Services. Ownership of all

intellectual property rights and any other rights in these shall vest with

Supplier/Service Provider, and no rights shall be deemed to have accrued

to the Purchaser.

As per RFP

76 NA NA,Audit Clause to be added Request that the following be included:

Excluding a regulatory/statutory requirement, if any, nothing in this

Agreement shall be construed or interpreted as requiring Contractor to

provide to Purchaser access to or right to inspect, examine, audit and take

copies of any fees, price, cost or any other financial information or any

records or documents relating to the make-up of the Contractor’s internal

overhead calculations, their relationship to the fees, any financial cost

model, calculation of fees or to the Contractor’s profitability or other

such financial data.

As per RFP

77 NA NA,Bidders

right to

terminate

Clause to be added The Supplier/Service Provider shall have the right to terminate the

contract in the event any undisputed amount remains unpaid for a period

exceeding 90 days.

As per RFP

78 19 NA,Non-hire Clause to be added During the term of this Agreement and for a period of one year thereafter

Purchaser shall not, directly or indirectly, hire or solicit for hire, any of the

personnel engaged by Supplier/Service Provider, without the prior written

consent thereof from Supplier/Service Provider. Thus, the Purchaser

agrees to the entry of an injunction against it in the event of actual or

threatened breach of its obligations hereunder, and acknowledges such

relief shall be in addition to such other and further relief as may be

available to Supplier/Service Provider at law or in equity

As per RFP

79 20 19 The manpower provided/deputed under

the contract shall be insured against any

accident/mis happening in the premises of

work.

Manpower deployed on bidder's payrole will mandatoryly have

insurance. However, please suggest if this applicable for security,

housekeeping and support back office also ?

As per RFP

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80 7.2.A. 20 Transportation: selected bidder shall be

responsible for transport by sea, rail and

road or air and delivery of the material in

the good condition to the consignee at

destination. All goods must be sent freight

paid through Railways or goods transport

Is transporation related to AMC hardware/ spare part only or any other

expectation from bidder - Printer/ desktops, etc ?

As per RFP

81 4 7.2.A. Severity factor: 4, 6, 8 Please suggest what is the response and resolution for Severity 4,6 &8 As per RFP

82 Annexure

20

4 Bill of software - Software Licences We understand ATS (annual technical subscription) will be taken care by

Rajasthan SDC team for these software and will be backlined with OEM

for required patch upgrades, software upgrades, L3 support, etc

As per revised RFP

83 VII Annexure 20 Detailed Specification of Engineered

Machine

Please suggest what is expectation from Engineered machines - Oracle

exadata and IBM pure system ? Is this limited to vendor coordination or

bidder needs to manage the complete system ?

As per RFP

84 XIII. VII Server Management Services Bidder Understands that "latest patches and update" will be provided by

RISL from OEM.

As per RFP

85 5 XIII. Security Administration and Management

Services

Bidder Understands that "latest patches and update" will be provided by

RISL from OEM.

As per RFP

86 4.1.A 5 5) Bill of Quantity- Safety and Security

Systems

Please confirm "Saftey and Security System device to be covered under

CMS support from 15-04-2017", requesting the complete BOM detail's

with model no.

As per revised RFP

87 Penalty

Capping:

4.1.A It is clarified that DCO is required to

provide the Comprehensive Onsite

Maintenance with part replacement for all

the hardware mentioned in Annexure 1 for

which, wherever felt necessary, the bidder

may have back to back arrangement with

respective OEM to ensure quality services.

Request to exclude physical damages/if any missing parts/plastic

parts/RAID battery’s/Power card / Burned spares / Spare failures due to

abnormal site behaviors like cooling issues/power failures from the

Comprehensive maintenance.

As per RFP

88 Additional

clause

Additional

clause

Leaves for Resources Min. 15 days leave per calendar beyond Govt. Holidays should be given to

resources as per rules.

As per revised RFP

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89 Additional

clause

Additional

clause

Additional clause on Manpower absence

Penalty

In the case of absence of resources from the project site (beyond

Government Holidays and allowed leaves of 15 days per calendar year

effective from the date of deployment).

The penalties on resource replacement shall be capped at 10% of the

quarterly contract value. However penalty on resource replacement may

be waived off subject to the approval

of RISL under the following circumstances:

i) Medical Emergency

ii) Resignation of deployed resource

As per RFP

90 53 7. SPECIAL

TERMS AND

CONDITIONS

OF TENDER &

CONTRACT

Manpower

Change (D)

Manpower Change : Applicable Penalty

when resource is leaving

Within 1 year of DOJ : 10 times of the

penalty mentioned in column “8” of above

mentioned table “Minimum Manpower

Resources

Within 1 year of DOJ : 5 times of the

penalty mentioned in column “8” of above

mentioned table “Minimum Manpower

Resources

Should be considred for one (1) replacement of each resource without

penalty in a year.

As per RFP

91 57 7. SPECIAL

TERMS AND

CONDITIONS

OF TENDER &

CONTRACT

Penalty

Capping:

Penalty Capping: Total penalties except

those defined in (C): “Manpower

availability service levels” shall not be

higher than 50% of Agreed Quarterly

Payment for respective quarter whereas

total penalty including penalties towards


not be higher that the Agreed Quarterly

Payment for respective quarter.

Please consider Penalty Capping 10% of Quarterly payment As per revised RFP

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92 29 Clause 27 Execution of Agreement at page The clause reads that 'A procurement contract shall come into force from

the date on which the letter of acceptance or letter of intent is

despatched to the bidder.' The Bidder seeks clarification on whether the

terms and conditions of the final contract shall be mutually discussed

and negotiated with the successful bidder?

The clause further reads that 'the procuring entity shall take action

against the successful bidder as per the provisions of the bidding

document and Act', the Bidder seeks clarity on the consequence of

parties failing to agree to the terms of the contract. Will the procuring

entity take action against the bidder for failing to agree to the standard

procurement contract placed for execution with the successful bidder? If

yes, what action?

As per revised RFP

93 38 Clause 14 Copyright The Bidder wishes to clarify that no source code to any software will be

provided/sold to the purchaser under the RFP or the final contract. The

Bidder will provide license to use the software provided under the

mutually agreed contract subject to the IBM standard end user software

licensing terms and conditions.

As per RFP

94 40 Clause 26 Liquidated damagesThe Bidder wishes to clarify that liquidated damages shall be payable only

in the event where the delay/default is directly and solely attributable to

the Bidder. Further, liquidated damages shall be the sole and exclusive

remedy for such delay/default by the Bidder.

As per revised RFP

95 42 Clause 29 Patent indemnity The Bidder shall only indemnify the customer by defending it against

third party claims of copyright or patent infringement by an unaltered

Bidder manufactured product, to the extent of court awarded damages.

Indemnities for third party products shall be provided on a pass through

basis from the respective OEMs.

As per RFP

96 42 Clause 30 Limitation of liabilityThe Bidder requests the clause to be replaced with the below:

‘Notwithstanding anything stated to the contrary in the RFP and

regardless of the nature of claim, Bidder’s aggregate liability for direct

damages under this Contract shall not exceed the charges paid by

Customer to Bidder for the individual product or service that is the

subject of claim (if recurring, twelve months charges apply). This limit

shall not apply to damages for bodily injury (including death) and damage

to real property and tangible personal property for which Bidder is legally

liable. The Bidder shall in no event be liable for indirect, consequential,

incidental or special damages, loss of/damage to, data, loss of profit,

business, goodwill and third party claims, even if Bidder has been advised

of possibility of such damages’.

As per RFP

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97 44 Clause 33 Termination The Bidder wishes to clarify that termination by default shall be as per

the clause below: 'Either party may terminate the contract, with ninety

days prior written notice, if the other party has committed a material

breach of the contract and if such breach has not been cured during the

notice period. Customer shall pay Bidder for all products and services

provided up to the effective date of termination.’ The Bidder seeks

deletion of the clause on 'termination for convenience'.

As per RFP

98 47 Clause 35 Settlement of disputes

The Bidder seeks replacement of the existing clause with the following:

'Disputes shall be finally settled in accordance with the Arbitration and

Conciliation Act, 1996 then in effect, in English, with seat in Bangalore,

India. There shall be one arbitrator if the amount in dispute is less than or

equal to Indian Rupee five crores and three arbitrators if the amount is

more. When an arbitrator is replaced, proceedings shall continue from

the stage they were at when the vacancy occurred. The Courts of

Bangalore shall have supervisory jurisdiction over the disputes arising out

of or in connection with the Agreement.'

As per RFP

99 8 To be Included Inclusion of clause on governing laws The Bidder seeks inclusion of the following clause:

Both parties agree to the application of the laws of India. Further, each

party is responsible for complying with: i) laws and regulations applicable

to its business and content, and ii) import, export and economic sanction

laws and regulations, including those of the United States that prohibit or

restrict the export, re-export, or transfer of products, technology, services

or data, directly or indirectly, to or for certain countries, end uses or end

users.

As per RFP

100 9 To be Included Inclusion of clause The Bidder seeks inclusion of the following clause: 'Each party grants only

the licenses and rights specified in this Agreement. No other licenses or

rights (including licenses or rights under patents) are granted either

directly, by implication, or otherwise.'

As per RFP

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101

9 3.4

The bidder must have executed at least

one work order of providing operation and

maintenance Services (FMS) of ITC &

Networking equipments of Data Centre of

Government/Semi-

Government/PSU/Scheduled Banks/Limited

companies (excluding bidder’s own/its

subsidiary in house data centers) having

minimum order value of Rs.2 Crore for a

year starting from 1st April 2009 till bid

submission date.

or

The bidder must have executed at least

two work orders of providing operation

and maintenance Services (FMS) of ITC &

Networking equipments of Data Centre of

Government/Semi-

Government/PSU/Scheduled Banks/Limited

companies (excluding bidder’s own/its

subsidiary in house data centers) having a

total order value of Rs. 2.50 Crore for a

year starting from 1st April 2009 till bid

submission date.

Maximum Turnkey and Government projects use terminology "IT

Managed Services" in place of FMS services. We therefore request you to

kindly amend the clause as under:

The bidder must have executed at least one work order of providing

operation and maintenance Services (FMS) / IT Managed Services of ITC &

Networking equipments of Data Centre of Government/Semi-

Government/PSU/Scheduled Banks/Limited companies (excluding

bidder’s own/its subsidiary in house data centers) having minimum order

value of Rs.2 Crore for a year starting from 1st April 2009 till bid

submission date.

or

The bidder must have executed at least two work orders of providing

operation and maintenance Services (FMS) / IT Managed Services of ITC &

Networking equipments of Data Centre of Government/Semi-

Government/PSU/Scheduled Banks/Limited companies (excluding

bidder’s own/its subsidiary in house data centers) having a total order

value of Rs. 2.50 Crore for a year starting from 1st April 2009 till bid

submission date.

As per RFP

102

10 3.6

PRE-QUALIFICATION/ ELIGIBILITY CRITERIA



5 Certifications

We request you to kindly allow participation of CMMI Level 3 Certified

companies also.

As per RFP

103

146ANNEXURE-20: Detailed Specification of

Engineered Machine

Please confirm what type of support would be required on oracle exadata

& IBM pureapp machines. Also confirm the warranty details of both the

machines.

As per RFP

104

GeneralWho will be responsible for upgrades, ATS and renewal of various

Database licenses.

RISL/DoIT&C shall be responsible for

upgrade & ATS. The successful bidder

shall be required to perform software

license management and notify RISL

on licensing contract renewal before 3

months of expiry.

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