bid for empanelment of service providers to create and manage

74
Rajasthan Knowledge Corporation Limited Expression of Interest “Empanelment of Service Providers to create and manage RKCL’s authorized ITGKs in the state of Rajasthan” 7-A, Jhalana Institutional Area, Behind RTO, Jaipur- 302004 Ph: 0141-5159700 www.rkcl.in

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Page 1: BID for Empanelment of Service Providers to create and Manage

Rajasthan Knowledge Corporation Limited

Expression of Interest “Empanelment of Service Providers to create and manage RKCL’s

authorized ITGKs in the state of Rajasthan”

7-A, Jhalana Institutional

Area, Behind RTO, Jaipur-

302004

Ph: 0141-5159700

www.rkcl.in

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EOI for empanelling Service Providers Page 2

RAJASTHAN KNOWLEDGE CORPORATION LIMITED

E-TENDER FOR

“Empanelment of Service Providers to create and manage RKCL’s authorized ITGKs in the state of Rajasthan”

NIB NUMBER : RKCL/16-17/1 UNIQUE BID NUMBER : RKCL/EPROC/SP/GEN/25 DATE OF SUBMISSION OF BIDDING DOCUMENT : 1st April 2016 (6 PM) PRE BID MEETING : 11th April 2016 (11:30 AM) LAST DATE FOR SUBMISSION OF BID : 30th April 2016 (5 PM) TIME AND DATE OF OPENING OF BIDS : 2nd May 2016 (11 AM) TENDER DOCUMENT COST : INR 1,000/- E-TENDER PROCESSING (RISL) FEE : INR 1,000/- EARNEST MONEY : INR 50,000/-

PLACE OF PRE-BID MEETING AND OPENING OF BIDS DOIT&C, COMMITTEE ROOM, SECOND FLOOR, IT BUILDING,

YOJANA BHAWAN CAMPUS, TILAK MARG, C-SCHEME, JAIPUR (RAJASTHAN)

ADDRESS FOR COMMUNICATION RKCL, 7-A, JHALANA INSTITUTIONAL AREA, BEHIND RTO, JAIPUR (RAJASTHAN)

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Table of Contents

1. NOTICE INVITING BID (NIB) ............................................................................................... 9

2. PRE-QUALIFICATION & ELIGIBILITY CRITERIA ...................................................... 11

3. INSTRUCTIONS TO BIDDERS ............................................................................................ 14

1) Sale of Bidding/ Tender Documents ................................................................................ 14

2) Pre-bid Meeting/ Clarifications ........................................................................................ 14

3) Changes in the Bidding Document................................................................................... 14

4) Period of Validity of Bids .................................................................................................. 14

5) Bid Submission and Format and Signing of Bids ........................................................... 15

6) Cost & Language of Bidding ............................................................................................ 16

7) Alternative/Multiple Bids ................................................................................................. 16

8) Bid Security ........................................................................................................................ 16

9) Deadline for the submission of Bids ................................................................................. 17

10) Withdrawal, Substitution, and Modification of Bids ..................................................... 17

11) Opening of Bids ................................................................................................................. 17

12) Selection Method ............................................................................................................... 18

13) Clarification of Bids .......................................................................................................... 18

14) Evaluation & Tabulation of Bids ..................................................................................... 18

15) Exclusion of Bids/Disqualification ................................................................................... 19

16) Acceptance of the successful Bid and award of contract ............................................... 20

17) Information and publication of Empanelment ............................................................... 20

18) Procuring entity’s right to accept or reject any or all Bids ........................................... 20

19) Performance Security ........................................................................................................ 20

20) Execution of agreement ..................................................................................................... 21

21) Confidentiality ................................................................................................................... 22

22) Cancellation of procurement process .............................................................................. 22

23) Code of Integrity for Bidders ........................................................................................... 22

24) Interference with Procurement Process .......................................................................... 23

25) Monitoring of Contract ..................................................................................................... 23

4. PROJECT BACKGROUND ................................................................................................... 25

5. SCOPE OF WORK (TERMS OF REFERENCE) ................................................................ 27

A. ROLES AND RESPONSIBILITIES OF SERVICE PROVIDER ................................ 27

B. DURATION OF THE CONTRACT ............................................................................... 31

C. INFRA AND MANPOWER REQUIREMENT ............................................................. 31

D. TIMELINES & DELIVERABLES .................................................................................. 33

6. PROJECT METHODOLOGIES ............................................................................................ 35

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A. Allotment Process .............................................................................................................. 35

B. New Center Registration ................................................................................................... 35

C. Withdrawal of ITGKs ....................................................................................................... 35

D. Termination of ITGKs ...................................................................................................... 35

E. Migration of Existing ITGKs ........................................................................................... 35

F. Address Change ................................................................................................................. 35

G. ITGK and Service Provider Mapping ............................................................................. 36

7. STAKEHOLDER RESPONSIBILITIES............................................................................... 37

A. ROLES AND RESPONSIBILITIES OF RKCL ............................................................ 37

B. ROLES AND RESPONSIBILITIES OF VMOU ........................................................... 38

C. ROLES AND RESPONSIBILITIES OF ITGK ............................................................. 38

8. SLA (SERVICE LEVEL AGREEMENTS) ........................................................................... 43

9. PAYMENT TERMS AND SCHEDULE ................................................................................ 45

10. GENERAL CONDITIONS OF CONTRACT ....................................................................... 46

1) Contract Documents .......................................................................................................... 46

2) Service of Notice, Documents & Orders .......................................................................... 46

3) Scope of Service Delivery .................................................................................................. 46

4) Selected Bidder’s Responsibilities .................................................................................... 46

5) Purchaser’s Responsibilities ............................................................................................. 46

6) Contract Price .................................................................................................................... 46

7) Taxes & Duties ................................................................................................................... 46

8) Copyright/IPR ................................................................................................................... 47

12) Termination ....................................................................................................................... 48

13) Exit Management .............................................................................................................. 49

14) Non-Exclusivity of Rights ................................................................................................. 51

11. ANNEXURES ........................................................................................................................... 52

ANNEXURE-1: TENDER APPLICATION FORM/COVERING LETTER ............................ 52

ANNEXURE-2: BIDDER’S AUTHORIZATION CERTIFICATE .......................................... 54

ANNEXURE-3: SELF-DECLARATION .................................................................................. 55

ANNEXURE-4: CERTIFICATE OF CONFORMITY/ NO DEVIATION ............................... 56

ANNEXURE-5: PRE-BID QUERIES FORMAT ...................................................................... 57

ANNEXURE-6: BANK GUARANTEE FORMAT ................................................................... 58

ANNEXURE-7: BIDDER PROFILE-DECLARATION FORMAT ......................................... 63

ANNEXURE-8: NCR-PROCEDURE FOR SETTING UP OF AN ITGK ................................ 65

ANNEXURE-9: NCR APPLICATION FORM ......................................................................... 69

ANNEXURE-10: DRAFT AGREEMENT BETWEEN RKCL AND SERVICE PROVIDER 73

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Disclaimer

The information contained in this Expression of Interest document (EoI) or subsequently provided to Bidders, whether verbally or in documentary or any other form by or on behalf of the authority or any of its employees or advisers, is provided to Bidders on the terms and conditions set out in this EoI and such other terms and conditions subject to which such information is provided. The EoI is not an agreement or any offer by the authority to the prospective Bidders or any person. The purpose of this EoI is to provide interested parties with information that may be useful to them in the formulation of their Bids pursuant to this EoI. This EoI includes statements, which reflect various assumptions and assessments arrived at by the authority in relation to the work. Such assumptions, assessment and statements do not purport to contain all the information that each Bidder may require. This EoI may not be appropriate for all persons, and it is not possible for the Authority, its employees or advisers to consider the objectives, technical expertise and particular needs of each party who reads or uses this EoI. The assumptions, assessments, statements and information contained in this EoI, may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigation and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this EoI and obtain independent advice from the appropriate sources. The Authority, its employees and advisers make no representation or warranty and shall have no liability to any person including any Bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any laws, damages, cost or expenses which may arise from or be incurred or suffered on account of anything contained in this EoI or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the EoI and any assessment, assumptions, statements or information contained therein or deemed to form part of this EoI or arising in any way in this Selection Process. The authority also accepts no liability of any nature whether resulting from negligence or otherwise however caused arising from reliance of any Bidder upon the statements contained in this EoI. The authority may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this EoI. The issue of this EoI does not imply that the authority is bound to select a Bidder or to appoint Selected Bidder, as the case, may be, for the work and the authority reserves the right to reject all or any of the Bids without assigning any reasons whatsoever. The Bidders shall bear it costs associated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Authority or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and the Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the Selection Process.

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Abbreviations and Definitions

Act The Rajasthan Transparency in Public Procurement Act, 2012 (Act No. 21 of 2012) and Rules thereto

Authorised Signatory The bidder’s representative/ officer vested (explicitly, implicitly, or through conduct) with the powers to commit the authorizing organization to a binding agreement. Also called signing officer/ authority having the Power of Attorney (PoA) from the competent authority of the respective Bidding firm.

BG Bank Guarantee

Bid/eBid A formal offer made in pursuance of an invitation by a procuring entity and includes any tender, proposal or quotation in electronic format

Bid Security A security provided to the procuring entity by a bidder for securing the fulfilment of any obligation in terms of the provisions of the bidding documents.

Bidder Any person/ firm/ agency/ company/ contractor/ supplier/ vendor participating in the procurement/ bidding process with the procurement entity

Bidding Document Documents issued by the procuring entity, including any amendments thereto, that set out the terms and conditions of the given procurement and includes the invitation to bid

CMC Contract Monitoring Committee

Competent Authority An authority or officer to whom the relevant administrative or financial powers have been delegated for taking decision in a matter relating to procurement. Managing Director, RKCL in this bidding document.

Contract/ Procurement Contract

A contract entered into between the procuring entity and a successful bidder concerning the subject matter of procurement

Contract/ Project Period The Contract/ Project Period shall be for a period of Four (04) year from the date of signing of agreement

Day Calendar Day as per GoR

Designated Location Indicated in the EOI wherever required

GCC General Conditions of Contract

GoI/ GoR Govt. of India/ Govt. of Rajasthan

ICT Information and Communication Technology.

IFB Invitation for Bids (A document published by the procuring entity inviting Bids relating to the subject matter of procurement and any amendment thereto and includes notice inviting Bid and Expression of Interest)

INR Indian Rupee

ISI Indian Standards Institution

IT Information Technology

ITB Instruction to Bidders

ITGK

ITGK means Information Technology Gyan Kendra which is established under the guidance of the SERVICE PROVIDER and authorized by RKCL as per its norms for conducting RS-CIT and other programmes/Courses. These ITGK shall also be a special Centres of VMOU for RS-CIT Course and shall be one of the collaborators along with RKCL and VMOU for delivering the RS-CIT Course.

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Learner

Learner means the individual registered at the ITGK for RS-CIT and other programmes / courses offered by RKCL after full payment (In case of paid Learners) or any other individual applied and confirmed by RKCL (in case of Schemes) of the course fee (Including examination fee, course material charges) within the specified period and after issuance of valid login id and password to him/her by RKCL to access Learning Content Management System (LCMS) and eContent therein installed at the ITGK.

LoI Letter of Intent

NCB A bidding process in which qualified bidders only from within India are allowed to participate

NIB Notice Inviting Bid

Notification A notification published in the Official Gazette

PAN Permanent Account Number

PBG Performance Bank Guarantee

PC Procurement/ Purchase Committee

PQ Pre-Qualification

Procurement Process The process of procurement extending from the issue of invitation to Bid till the award of the procurement contract or cancellation of the procurement process, as the case may be

Procurement/ Public Procurement

The acquisition by purchase, lease, license or otherwise of works, goods or services, including award of Public Private Partnership projects, by a procuring entity whether directly or through an agency with which a contract for procurement services is entered into, but does not include any acquisition without consideration, and “procure” or “procured” shall be construed accordingly

Project Site Wherever applicable, means the designated place or places.

SERVICE PROVIDER (SP)

Channel partners to be appointed by RKCL for creation and management of the Information Technology Gyan Kendra (ITGKs) as per RKCL’s norms applicable from time to time, for discharging certain responsibilities and carrying out certain activities on its behalf, in specifically assigned geographical jurisdiction of the state of Rajasthan.

PSD Performance Security Deposit. Instrument obtained against the issue of each individual work order

Purchaser/ Tendering Authority/ Procuring Entity

Person or entity that is a recipient of a good or service provided by a seller (bidder) under a purchase order or contract of sale/services. Also called buyer. RKCL in this EOI document.

RISL RajComp Info Services Limited

RKCL Rajasthan Knowledge Corporation Limited

RS-CIT Rajasthan State Certificate Course in Information Technology

RVAT Rajasthan Value Added Tax

SCC Special Conditions of the Contract

SD Security Deposit obtained against the issue of Contract

Services Any subject matter of procurement other than goods or works and includes

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physical, maintenance, Technical, professional, intellectual, consultancy and advisory services or any service classified or declared as such by a procuring entity and does not include appointment of any person made by any procuring entity

Selected Bidder/ Successful Bidder

The bidder finally selected through this EOI and issued LoI.

SLA

Service Level Agreement is a negotiated agreement between two parties wherein one is the customer and the other is the Service Provider. It is a service contract where the level of service is formally defined. In practice, the term SLA is sometimes used to refer to the contracted delivery time (of the service) or performance.

State Government Government of Rajasthan (GoR)

State Public Procurement Portal

http://sppp.rajasthan.gov.in

Subject Matter of Procurement

Any item of procurement whether in the form of services or works

ST Service Tax

TIN Tax Identification Number

VAT/ CenVAT Value Added Tax/ Central VAT

VMOU Vardhman Mahaveer Open University, Kota

WO/ PO Individual Work Order/ Purchase Order

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1. NOTICE INVITING BID (NIB)

RAJASTHAN KNOWLEDGE CORPORATION LIMITED 7-A, Jhalana Institutional Area, Behind RTO,

Telephone: 0141- 5159700 CIN No. U80302RJ2008PLC026433

Reference Number: RKCL/16-17/1 Dated: 01.04.2016 Unique Bid Number: RKCL/EPROC/SP/GEN/25

EXPRESSION OF INTEREST (EOI)

For “Empanelment of Service Providers to create and manage RKCL’s authorized ITGKs in the state of Rajasthan”

Name & Address of the Procuring Entity

Name: Rajasthan Knowledge Corporation Limited (RKCL)

Address: 7-A, Jhalana Institutional Area, Behind RTO, Jaipur (Rajasthan)-302004

Name & Address of the Project Officer In-charge (POIC)

Name: Mr. Abhay Shankar

Designation: Program Head

Address: 7-A, Jhalana Institutional Area, Behind RTO, Jaipur (Rajasthan)

Email: [email protected]

Subject Matter of Procurement

Empanelment of Service Providers to create and manage RKCL’s authorized ITGKs in the state of Rajasthan

Bid Procedure Single-stage single part (envelop) open competitive e-Bid procedure at http://eproc.rajasthan.gov.in

Websites for downloading Bidding Document, Corrigendum’s, Addendums etc.

Websites: http://sppp.rajasthan.gov.in http://eproc.rajasthan.gov.in

http://www.rkcl.in

Bidding document fee (non-refundable): Rs. 1000 (Rupees One Thousand only) in Cash/ Demand Draft in favour of “RKCL” payable at “Jaipur”.

Processing Fee (non-refundable): Rs. 1000 (Rupees One Thousand only) in Demand Draft/Banker’s Cheque in favour of “MD, RISL” payable at “Jaipur”.

EMD and Mode of Payment Amount (INR)- Rs. 50,000 (Rupees Fifty thousand Only)

Mode of Payment: Banker’s Cheque or Demand Draft in favour of “RKCL” payable at “Jaipur” or Bank Guarantee from a scheduled Bank (in specified format)

Period of Publishing EOI (Start/ End Date)

01st April 2016 (6 PM)

Date/ Time/ Place of Pre-bid Meeting

Date/ Time: 11th April 2016 (11:30 AM) Place: DOIT&C, Committee room, Second Floor, IT Building, Yojana

Bhawan Campus, Tilak Marg, C-Scheme, Jaipur (Rajsathan) Last date of submitting clarifications requests by the bidder: 9th April

2016 (2 PM) Response to clarifications by procuring entity: 13th April 2016

Manner, Start/End Date for the submission of Bids

Manner: Online at eProc website (http://eproc.rajasthan.gov.in)

Start Date: 01st April 2016 (6 PM)

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End Date: 30th April 2016 (5 PM)

Submission of Banker’s Cheque/Demand Draft for Tender Fee, Bid Security, and Processing Fee*

Start Date: 01st April 2016 (6 PM)

End Date: 30th April 2016 (5 PM)

Date/Time/Place of Bid Opening

Date/Time: 2nd May 2016 (11 AM)

Place: DOIT&C, Committee room, Second Floor, IT Building, Yojana Bhawan Campus, Tilak Marg, C-Scheme, Jaipur (Rajsathan)

Bid Validity 120 days from the bid submission deadline

Note: 1) The complete bidding document shall also be placed on the e-Procurement portal. The prospective

bidders shall be permitted to download the bidding document from the website and pay its price while submitting the bid to the procuring entity.

2) Bidder (authorised signatory) shall submit their offer on-line in Electronic formats for technical proposal. However, DD or Bank Guarantee for Tender Fees, Processing Fees and Bid Security should be submitted physically at the office of Tendering Authority as prescribed in NIB and scanned copy of same should also be uploaded along with the Bid/ cover.

3) *In case, any of the bidders fails to physically submit the Banker’s Cheque/Demand Draft for Tender Fee, Bid Security, and Processing Fee as mentioned above, its Bid shall not be accepted.

4) To participate in online bidding process, Bidders must procure a Digital Signature Certificate (Type III/Type II) as per Information Technology Act-2000 using which they can digitally sign their electronic bids. Bidders can procure the same from any CCA approved certifying agency, i.e. TCS, Safecrypt, Ncode etc. Bidders who already have a valid Digital Signature Certificate (DSC) need not procure a new DSC. Also, bidders must register on http://eproc.rajasthan.gov.in

5) RKCL will not be responsible for delay in online submission due to any reason. For this, bidders are requested to upload the complete bid well advance in time so as to avoid 11th hour issues like slow speed; choking of web site due to heavy load or any other unforeseen problems.

6) Bidders are also advised to refer "Bidders Manual Kit" available at eProc website for further details about the e-Tendering process.

7) The procuring entity reserves the complete right to cancel the bid process and reject any or all of the Bids.

8) No contractual obligation whatsoever shall arise from the bidding document/ bidding process unless and until a formal contract is signed and executed between the procuring entity and the successful bidder.

9) Procurement entity disclaims any factual/ or other errors in the bidding document (the onus is purely on the individual bidders to verify such information) and the information provided therein are intended only to help the bidders to prepare a logical bid-proposal.

10) The provisions of RTPPA Act 2012 and Rules 2013 and subsequent amendments thereto shall be applicable for this procurement. Furthermore, in case of any inconsistency in any of the provisions of this bidding document with the RTPP Act 2012 and Rules 2013 thereto, the later shall prevail.

Managing Director, RKCL

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2. PRE-QUALIFICATION & ELIGIBILITY CRITERIA

1) A bidder participating in the procurement process shall possess the following minimum pre-qualification/ eligibility criteria.

S. No. Basic Requirement

Specific Requirements Documents Required

1. Legal Entity The Service Provider should be: A Proprietorship firm duly registered either under the Rajasthan Shops & Commercial Establishments Act, 1958 or any other Act of State/ Union, as applicable for dealing in the subject matter of procurement (Note: A self-certified declaration regarding the non-applicability of registration to any Act should be submitted by the bidder) OR A company registered under Indian Companies Act, 1956/2013 OR A partnership firm registered under Indian Partnership Act, 1932 OR LLP (Limited Liability Partnership) OR A Society registered under any of the States’ Societies/cooperatives Registration Act or equivalent

Copy of valid Registration Certificates OR Copy of Certificates of incorporation OR Copy of Registered Partnership deed OR Copy of LLPIN

2. Bidder’s Profile (Technical Capability & Experience)

Existing Training Partners empanelled with NSDC (National Skill Development Corporation) for IT & ITeS sector

Or Existing Program Implementing Agencies empanelled with RSLDC (Rajasthan State Livelihood and Development Corporation) for IT & ITeS sector

Or Existing Program Support Agency of RKCL

Or Existing District Lead Center of RKCL

Or Existing Local Service Providers empanelled with RISL for eMitra project having experience in the field of IT Education & Training

Or An agency having at least 3 years (as on 31st March 2015) of proven experience in providing IT training and education with having least 25 ICT based learning centers (yearly average of last 3 financial years) for

Appropriate certificates from NSDC / RSLDC / RKCL /RISL. Or Self (in case no affiliation) /Affiliation body declaration proving establishment of successfully managed learning centers along with List of Centers, Learners Count, Course/Program Name along with duration & Curriculum, State where centers are running with their Address and Contact Numbers (As per Annexure-8)

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S. No. Basic Requirement

Specific Requirements Documents Required

delivery of IT Education and Training. The Service Provider should have trained not less than total 5000 learners on an average basis in last three financial years (2012-13, 2013-14 & 2014-2015) in IT Education & Training sector.

3. Financial: Net Worth

The net worth of the bidder (except NGO/Society), as on 31/03/2015 should be Positive.

CA Certificate with CA Name, Membership No, FRN No and Seal

4. Tax registration and clearance

The bidder should have a registration number of 1. Service Tax 2. Income Tax / PAN number 3. Tax clearance certification for payment of all dues from CA or circle clearance officer

Copies of relevant certificates of registration, Copy of PAN Card and Tax clearance certificate

5. 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, himself and their directors/partners/Executive members and officers not have, been convicted of any criminal offence related to their Business or 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.

e) Should not have been blacklisted / debarred by any State Government / Central Government / PSU / Corporation / Company / Institution / Entity in last 3 financial years including year of bidding.

f) Should not have been involved in publishing defamatory material against RKCL or should not have worked against

A Self Certified letter as per Annexure-3: Self-Declaration

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S. No. Basic Requirement

Specific Requirements Documents Required

reputation / business interest of RKCL at any point of time

2) In addition to the provisions regarding the qualifications of the bidders as set out in (1) above: -

a. The procuring entity shall disqualify a bidder as per the provisions under “Clause: Exclusion/ Disqualification of bids in Chapter-3: ITB”; and

b. The procuring entity may require a bidder, who was pre-qualified, to demonstrate its qualifications in accordance with the same criteria used to pre-qualify such bidder. The procuring entity shall disqualify any bidder that fails to demonstrate its qualifications, if requested to do so. The procuring entity shall promptly notify each bidder requested to demonstrate its qualifications as to whether or not the bidder has done so to the satisfaction of the procuring entity.

3) Consortium bidding is not allowed

4) RKCL reserves the right to

a) Make necessary changes in the terms of the project, and

b) To reject any or all bids without assigning any reasons thereof.

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3. INSTRUCTIONS TO BIDDERS

1) Sale of Bidding/ Tender Documents a) The sale of bidding documents shall be commenced from the date of publication of Notice Inviting

Bids (NIB) and shall be stopped one day prior to the date of opening of Bid. The complete bidding document shall also be placed on the State Public Procurement Portal and e-Procurement portal and on RKCL website. The prospective bidders shall be permitted to download the bidding document from the EPROC websites and pay its price while submitting the Bid to the procuring entity.

b) The bidding documents shall be made available to any prospective bidder who pays the price for it in cash or by bank demand draft, banker's cheque.

c) Bidding documents purchased by Principal of any concern may be used by its authorised sole selling agents/ marketing agents/ distributors/ sub-distributors and authorised dealers or vice versa.

2) Pre-bid Meeting/ Clarifications a) The bidders or their official representatives are invited to attend a pre-bid meeting which shall take

place on date/venue specified in NIB. b) Purpose of the meeting will be to clarify issues and to answer the questions on any matter related to

EOI. c) Any prospective bidder may, in writing or via mail, seek clarifications from the procuring entity in

respect of the bidding documents. Questions (as per format Annexure-5) should reach RKCL not later than two days before the meeting.

d) Minutes of the meeting including text of the questions raised and responses given will be put on the websites, so as to enable the bidders to take minutes into account while preparing their bids, and shall be published on the respective websites. Revised EOI as a result of Pre-bid meeting shall be made available on the websites as per EoI, if required.

3) Changes in the Bidding Document a) At any time, prior to the deadline for submission of Bids, the procuring entity may for any reason,

whether on its own initiative or as a result of a request for clarification by a bidder, modify the bidding documents by issuing an addendum in accordance with the provisions below.

b) In case, any modification is made to the bidding document or any clarification is issued which materially affects the terms contained in the bidding document, the procuring entity shall publish such modification or clarification on the respective websites.

c) In case, a clarification or modification is issued to the bidding document, the procuring entity may, prior to the last date for submission of Bids, extend such time limit in order to allow the bidders sufficient time to take into account the clarification or modification, as the case may be, while submitting their Bids.

d) Any bidder, who has submitted his Bid in response to the original invitation, shall have the opportunity to modify or re-submit it, as the case may be, within the period of time originally allotted or such extended time as may be allowed for submission of Bids, when changes are made to the bidding document by the procuring entity: Provided that the Bid last submitted or the Bid as modified by the bidder shall be considered for evaluation.

4) Period of Validity of Bids a) Bids submitted by the bidders shall remain valid during the period specified in the NIB/ bidding

document. A Bid valid for a shorter period shall be rejected by the procuring entity as non-responsive Bid.

b) Prior to the expiry of the period of validity of Bids, the procuring entity, in exceptional circumstances, may request the bidders to extend the bid validity period for an additional specified period of

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time. A bidder may refuse the request and such refusal shall be treated as withdrawal of Bid and in such circumstances bid security shall not be forfeited.

c) Bidders that agree to an extension of the period of validity of their Bids shall extend or get extended the period of validity of bid securities submitted by them or submit new bid securities to cover the extended period of validity of their bids. A bidder whose bid security is not extended, or that has not submitted a new bid security, is considered to have refused the request to extend the period of validity of its Bid.

5) Bid Submission and Format and Signing of Bids a) Submission process: As mentioned in NIB

b) Contact number for e-Procurement help desk is 0141-4022688 (HelpDesk 10 AM to 6 PM on all

working days), E-mail: [email protected], Address: eProcurement cell, RISL, Yojana Bhavan,

Tilak Marg, C-Scheme, Jaipur

c) A Single stage Single part/cover system shall be followed for the Bid: - a. Bid, including fee details, eligibility & technical documents

d) The Bid shall consist of the following documents along with the Tender Application form (Annexure 1)

S. No. Documents Type Document Format

Fee Details

1. Bidding document Fee (Tender Fee) Instrument /Proof of submission (PDF)

2. Processing Fee (eProc) Instrument/ Proof of submission (PDF)

3. Bid Security Instrument/ Proof of submission (PDF)

Eligibility Documents

4. Copy of valid Registration Certificates or Copy of Certificates of incorporation or Copy of registered partnership deed or LLPIN in case of LLP

Copy of relevant certificates (PDF)

5. CA Certificate with CA Name, Membership No, FRN No and Seal for Financial: Net worth

Copy of relevant certificate (PDF)

6. Self (in case of no affiliation)/Affiliation Body declaration regarding establishment of successfully managed learning centers along with List of Centers, Learners Count, Course/Program Name along with duration & Curriculum, State where centers are running with their Address and Contact Numbers Or Relevant certificate from NSDC/RSLDC/RKCL/RISL

As per Annexure-7 (PDF) Or Relevant certificates (PDF)

7. Attested Copies of relevant certificates of tax registration

a) Service Tax & Income Tax, b) Tax clearance certificate c) PAN card

Copy of relevant certificates (PDF)

Technical Documents

8. Bidder’s Authorisation Certificate along with copy of PoA stating that Auth. Signatory can sign the bid/ contract on behalf of the firm.

As per Annexure-2 (PDF)

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S. No. Documents Type Document Format

9. Self-Declaration by Bidders As per Annexure-3 (PDF)

10. Certificate of Conformity/ No Deviation As per Annexure-4 (PDF)

e) The bidder should ensure that all the required documents, as mentioned in this bidding document,

are submitted along with the Bid and in the prescribed format only. Non-submission of the required documents or submission of the documents in a different format/ contents may lead to the rejections of the Bid submitted by the bidder.

6) Cost & Language of Bidding a) The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the

procuring entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

b) The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the procuring entity, shall be written only in English Language. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in English/ Hindi language, in which case, for purposes of interpretation of the Bid, such translation shall govern.

7) Alternative/Multiple Bids Alternative/ Multiple Bids shall not be considered at all.

8) Bid Security Every bidder, if not exempted, participating in the procurement process will be required to furnish the bid security as specified in the NIB. a) In lieu of bid security, a bid securing declaration shall be taken from Departments of the State

Government, Undertakings, Corporations, Autonomous bodies, Registered Societies and Cooperative Societies which are owned or controlled or managed by the State Government and Government Undertakings of the Central Government.

b) Bid security instrument or cash receipt of bid security or a bid securing declaration shall necessarily accompany the Bid.

c) Bid security of a bidder lying with the procuring entity in respect of other bids awaiting decision shall not be adjusted towards bid security for the fresh bids. The bid security originally deposited may, however, be taken into consideration in case bids are re-invited.

d) 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.

e) The issuer of the bid security and the confirmer, if any, of the bid security, as well as the form and terms of the bid security, must be acceptable to the procuring entity.

f) Prior to presenting a submission, a bidder may request the procuring entity to confirm the acceptability of proposed issuer of a bid security or of a proposed confirmer, if required. The procuring entity shall respond promptly to such a request.

g) The bank guarantee presented as bid security shall be got confirmed from the concerned issuing bank. However, the confirmation of the acceptability of a proposed issuer or of any proposed confirmer does not preclude the procuring entity from rejecting the bid security on the ground that the issuer or the confirmer, as the case may be, has become insolvent or has otherwise ceased to be creditworthy.

h) The bid security of unsuccessful bidders shall be refunded soon after final acceptance of successful bid and signing of Agreement and submitting performance security.

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i) 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 work order within

the specified period; c. when the bidder fails to commence the delivery of service or execute work as per work order

within the time specified; d. when the bidder does not deposit the performance security within specified period after the

work order is placed; and e. if the bidder breaches any provision of code of integrity, prescribed for bidders, specified in the

bidding document. j) Notice will be given to the bidder with reasonable time before bid security deposited is forfeited. k) No interest shall be payable on the bid security. l) In case of the successful bidder, the amount of bid security may be adjusted in arriving at the amount

of the Performance Security, or refunded if the successful bidder furnishes the full amount of performance security.

m) The procuring entity shall promptly return the bid security after the earliest of the following events, namely:- a. the expiry of validity of bid security; b. the execution of agreement for procurement and performance security is furnished by the

successful bidder; c. the cancellation of the procurement process; or d. the withdrawal of bid prior to the deadline for presenting bids, unless the bidding documents

stipulate that no such withdrawal is permitted.

9) Deadline for the submission of Bids a) Bids shall be received online at e-Procurement portal and up to the time and date specified in the

NIB. b) Normally, the date of submission and opening of Bids would not be extended. In exceptional

circumstances or when the bidding document are required to be substantially modified as a result of discussions in pre-bid meeting/ conference or otherwise and the time with the prospective bidders for preparation of Bids appears insufficient, the date may be extended by the procuring entity. In such case the publicity of extended time and date shall be given in the manner, as was given at the time of issuing the original NIB and shall also be placed on the State Public Procurement Portal, if applicable. It would be ensured that after issue of corrigendum, reasonable time is available to the bidders for preparation and submission of their Bids. If, in the office of the Bids receiving and opening authority, the last date of submission or opening of Bids is a non-working day, the Bids shall be received or opened on the next working day.

10) Withdrawal, Substitution, and Modification of Bids a) If permitted on e-Procurement portal, a Bidder may withdraw its Bid or re-submit its Bid (technical

and/ or financial cover) as per the instructions/ procedure mentioned at e-Procurement website under the section "Bidder's Manual Kit".

b) Bids withdrawn shall not be opened and processed further.

11) Opening of Bids a) The Bids shall be opened by the bid opening & evaluation committee on the date and time

mentioned in the NIB in the presence of the bidders or their authorised representatives who choose to be present.

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b) The committee may co-opt experienced persons in the committee to conduct the process of Bid opening.

c) The committee shall prepare a list of the bidders or their representatives attending the opening of Bids and obtain their signatures on the same. The list shall also contain the representative’s name and telephone number and corresponding bidders’ names and addresses. The authority letters, if any, brought by the representatives shall be attached to the list. The list shall be signed by all the members of Bid opening committee with date and time of opening of the Bids.

d) All the documents comprising of Bid/ cover shall be opened & downloaded from the e-Procurement website (only for the bidders who have submitted the prescribed fee(s) to RKCL).

e) The committee shall conduct a preliminary scrutiny of the opened Bids to assess the prima-facie responsiveness and ensure that the: - a. bid is accompanied by bidding document fee, bid security or bid securing declaration, and

processing fee (if applicable); b. bid is valid for the period, specified in the bidding document; c. 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.

f) No Bid shall be rejected at the time of Bid opening except the Bids not accompanied with the proof of payment or instrument of the required price of bidding document, processing fee and bid security.

12) Selection Method

This is a single stage selection procedure for empanelling the service providers. Empanelment will be based upon eligibility criteria mentioned in “Pre-Qualification and Eligibility Criteria”. This empanelment does not imply or guarantee allotment of work.

13) Clarification of Bids a) To assist in the examination, evaluation, comparison and qualification of the Bids, the bid evaluation

committee may, at its discretion, ask any bidder for a clarification regarding its Bid. The committee’s request for clarification and the response of the bidder shall be through the e-Procurement portal.

b) Any clarification submitted by a bidder with regard to its Bid that is not in response to a request by the committee shall not be considered.

c) No substantive change to qualification information or to a submission, including changes aimed at making an unqualified bidder, qualified or an unresponsive submission, responsive shall be sought, offered or permitted.

14) Evaluation & Tabulation of Bids a) Determination of Responsiveness

a. The bid evaluation committee shall determine the responsiveness of a Bid on the basis of bidding document and the provisions of pre-qualification/ eligibility criteria of the bidding document.

b. A responsive Bid is one that meets the requirements of the bidding document without any material deviation, reservation, or omission where: - i. “deviation” is a departure from the requirements specified in the bidding document;

ii. “reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and

iii. “Omission” is the failure to submit part or all of the information or documentation required in the bidding document.

c. A material deviation, reservation, or omission is one that, i. if accepted, shall:-

1. affect in any substantial way the scope, quality, or performance of the subject matter of procurement specified in the bidding documents; or

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2. limits in any substantial way, inconsistent with the bidding documents, the procuring entity’s rights or the bidder’s obligations under the proposed contract; or

ii. If rectified, shall unfairly affect the competitive position of other bidders presenting responsive Bids.

d. The bid evaluation committee shall examine the technical aspects of the Bid in particular, to confirm that all requirements of bidding document have been met without any material deviation, reservation or omission.

e. 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.

b) Non-material Non-conformities in Bids

a. The bid evaluation committee may waive any non-conformity in the Bid that do not constitute a material deviation, reservation or omission, the Bid shall be deemed to be substantially responsive.

b. The bid evaluation committee may rectify non-material nonconformities or omissions on the basis of the information or documentation received from the bidder under (b) above.

c) Evaluation Criteria The bids shall be evaluated as per the evaluation criteria as mentioned in bidding document. This is given in detail as below:

1. The Evaluation Committee (EC) constituted by the Procuring Entity will evaluate the Bids to determine the technical qualification and competence of the substantially responsive Bidders to prepare a panel of qualified Bidder.

2. The Evaluation Committee, hereafter referred to as EC, will use a set of Qualification Criteria (QC), to determine the qualification and competence of the Bidder.

d) Tabulation of Bids a. If Bids have been invited, they shall be tabulated by the bid evaluation committee in the form of

a comparative statement to evaluate the qualification of the bidders against the criteria for qualification set out in the bidding document.

b. The members of bid evaluation committee shall give their recommendations below the table as to which of the bidders have been found to be qualified in evaluation of Bids and sign it.

e) The number of firms qualified in evaluation, if less than three and it is considered necessary by the procuring entity to continue with the procurement process, reasons shall be recorded in writing and included in the record of the procurement proceedings.

15) Exclusion of Bids/Disqualification a) A procuring entity shall exclude/ disqualify a Bid, if: -

a. the information submitted, concerning the qualifications of the bidder, was false or constituted a misrepresentation; or

b. the information submitted, concerning the qualifications of the bidder, was materially inaccurate or incomplete; and

c. the bidder is not qualified as per pre-qualification/ eligibility criteria mentioned in the bidding document;

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d. the Bid materially departs from the requirements specified in the bidding document or it contains false information;

e. the bidder, submitting the Bid, his agent or any one acting on his behalf, gave or agreed to give, to any officer or employee of the procuring entity or other governmental authority a gratification in any form, or any other thing of value, so as to unduly influence the procurement process;

f. a bidder, in the opinion of the procuring entity, has a conflict of interest materially affecting fair competition.

b) A Bid shall be excluded/ disqualified as soon as the cause for its exclusion/ disqualification is discovered.

c) Every decision of a procuring entity to exclude a Bid shall be for reasons to be recorded in writing and shall be: - a. communicated to the concerned bidder in writing; b. Published on the State Public Procurement Portal, if applicable.

16) Acceptance of the successful Bid and award of contract a) The procuring entity after considering the recommendations of the bid evaluation committee and the

conditions of Bid shall accept or reject the successful Bid. If any member of the bid evaluation committee has disagreed or given its note of dissent, the matter shall be referred to the next higher authority for decision.

b) Decision on Bids shall be taken within original validity period of Bids and time period allowed to procuring entity for taking decision. If the decision is not taken within the original validity period or time limit allowed for taking decision, the matter shall be referred to the next higher authority.

c) A Bid shall be treated as successful only after the competent authority has approved the procurement in terms of that Bid.

d) Prior to the expiration of the period of bid validity, the procuring entity shall inform the successful bidder, in writing, that its Bid has been accepted.

e) As soon as a Bid is accepted by the competent authority, its written intimation shall be sent to the concerned bidder by registered post or email and asked to execute an agreement on a non-judicial stamp of requisite value and deposit the amount of performance security or a performance security declaration, if applicable, within a period specified in the bidding documents or where the period is not specified in the bidding documents then within fifteen days from the date on which the letter of acceptance or letter of intent is dispatched to the bidder.

f) 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.

g) The bid security of the bidders whose Bids could not be accepted shall be refunded soon after the contract with the successful bidder is signed and its performance security is obtained.

17) Information and publication of Empanelment

Information of empanelment shall be published on the respective website(s) as specified in NIB.

18) Procuring entity’s right to accept or reject any or all Bids

The Procuring entity reserves the right to accept or reject any Bid, and to annul (cancel) the bidding process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the bidders.

19) Performance Security

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a) Prior to execution of agreement, Performance security shall be solicited from all successful bidders except the departments of the State Government and undertakings, corporations, autonomous bodies, registered societies, co-operative societies which are owned or controlled or managed by the State Government and undertakings of the Central Government. However, a performance security declaration shall be taken from them. The State Government/RKCL may relax the provision of performance security in particular procurement or any class of procurement.

b) The amount of performance security shall be 5% of estimated revenue (to be calculated on the basis of number of centres/districts allotted to the Service Provider). In case of Small Scale Industries (SSI) of Rajasthan, it shall be 1% of the amount of estimated revenue and in case of sick industries, other than SSI, whose cases are pending before the Board of Industrial and Financial Reconstruction (BIFR), it shall be 2% of the amount of estimated revenue.

c) Performance security shall be furnished in any one of the following forms: - a. Bank Draft or Banker's Cheque of a scheduled bank; b. National Savings Certificates and any other script/ instrument under National

Savings Schemes for promotion of small savings issued by a Post Office in Rajasthan, if the same can be pledged under the relevant rules. They shall be accepted at their surrender value at the time of bid and formally transferred in the name of procuring entity with the approval of Head Post Master;

c. Bank guarantee/s of a scheduled bank. It shall be got verified from the issuing bank. Other conditions regarding bank guarantee shall be same as mentioned in the bidding document for bid security;

d. Fixed Deposit Receipt (FDR) of a scheduled bank. It shall be in the name of procuring entity on account of bidder and discharged by the bidder in advance. The procuring entity shall ensure before accepting the FDR that the bidder furnishes an undertaking from the bank to make payment/ premature payment of the FDR on demand to the procuring entity without requirement of consent of the bidder concerned. In the event of forfeiture of the performance security, the Fixed Deposit shall be forfeited along with interest earned on such Fixed Deposit.

d) Performance security furnished in the form specified in clause [b.] to [d.] of (c) above shall remain valid for a period of 60 days beyond the date of completion of all contractual obligations of the bidder, including warranty obligations and maintenance and defect liability period.

e) 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 /Services satisfactorily. c. if the bidder breaches any provision of code of integrity, prescribed for bidders, specified in

the bidding document. d. fails to commence and deliver services as per contract

f) Notice will be given to the bidder with reasonable time before PSD deposited is forfeited. g) No interest shall be payable on the PSD. h) In case of successful/selected bidder, Bid Security will be adjusted in arriving at the amount of the

Performance Security

20) Execution of agreement a) A procurement contract with empanelled agencies shall come into force from the date on which the

letter of acceptance or letter of intent is despatched to the bidder. b) The empanelled 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. c) If the bidder is empanelled and work has been allotted but fails to sign a written procurement

contract or fails to furnish the required performance security within specified period, the procuring

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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, in accordance with the criteria and procedures set out in the bidding document.

d) The bidder will be required to execute the agreement on a non-judicial stamp of specified value at its cost and to be purchase from anywhere in Rajasthan only.

21) Confidentiality a) Notwithstanding anything contained in this bidding document but subject to the provisions of any

other law for the time being in force providing for disclosure of information, a procuring entity shall not disclose any information if such disclosure, in its opinion, is likely to: - a. impede enforcement of any law; b. affect the security or strategic interests of India; c. affect the intellectual property rights or legitimate commercial interests of bidders; d. affect the legitimate commercial interests of the procuring entity in situations that may include

when the procurement relates to a project in which the procuring entity is to make a competitive bid, or the intellectual property rights of the procuring entity.

b) The procuring entity shall treat all communications with bidders related to the procurement process in such manner as to avoid their disclosure to competing bidders or to any other person not authorised to have access to such information.

c) The procuring entity may impose on bidders, if there are any for fulfilling the terms of the procurement contract, conditions aimed at protecting information, the disclosure of which violates (a) above.

d) In addition to the restrictions specified above, the procuring entity, while procuring a subject matter of such nature which requires the procuring entity to maintain confidentiality, may impose condition for protecting confidentiality of such information.

22) Cancellation of procurement process a) If any procurement process has been cancelled, it shall not be reopened but it shall not prevent the

procuring entity from initiating a new procurement process for the same subject matter of procurement, if required.

b) A procuring entity may, for reasons to be recorded in writing, cancel the process of procurement initiated by it - a. at any time prior to the acceptance of the successful Bid; or b. after the successful Bid is accepted in accordance with (d) and (e) below.

c) The procuring entity shall not open any bids or proposals after taking a decision to cancel the procurement and shall return such unopened bids or proposals.

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 whose Bid 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.

f) 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.

23) Code of Integrity for Bidders

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a) No person participating in a procurement process shall act in contravention of the code of integrity prescribed by the State Government.

b) The code of integrity include provisions for: - a. Prohibiting

i. any offer, solicitation or acceptance of any bribe, reward or gift or any material benefit, either directly or indirectly, in exchange for an unfair advantage in the procurement process or to otherwise influence the procurement process;

ii. any omission, including a misrepresentation that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation;

iii. any collusion, bid rigging or anti-competitive behaviour to impair the transparency, fairness and progress of the procurement process;

iv. improper use of information shared between the procuring entity and the bidders with an intent to gain unfair advantage in the procurement process or for personal gain;

v. any financial or business transactions between the bidder and any officer or employee of the procuring entity;

vi. any coercion including impairing or harming or threatening to do the same, directly or indirectly, to any party or to its property to influence the procurement process;

vii. any obstruction of any investigation or audit of a procurement process; 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. c) 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.

24) Interference with Procurement Process A bidder, who: - a) withdraws from the procurement process after opening of 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 up to Five lakh rupees or ten per cent of the assessed value of procurement, whichever is less.

25) Monitoring of Contract a) An officer or a committee of officers named Contract Monitoring Committee (CMC) may be

nominated by procuring entity to monitor the progress of the contract during its delivery period. b) Any change in the constitution of the firm, etc. shall be notified forth with by the contractor in

writing to the procuring entity and such change shall not relieve any former member of the firm, etc., from any liability under the contract.

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c) No new partner/ partners/Directors/Executive member shall be accepted in the firm by the selected bidder in respect of the contract unless he/ they agree to abide by all its terms, conditions and deposits with the procuring entity through a written agreement to this effect.

d) The bidder’s receipt for acknowledgement or that of any partners subsequently accepted as above shall bind all of them and will be sufficient discharge for any of the purpose of the contract.

e) The selected bidder shall not assign or sub-let his contract or any substantial part thereof to any other agency without the permission of procuring entity.

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4. PROJECT BACKGROUND

Rajasthan Knowledge Corporation Limited is a Public Limited Company established in Rajasthan as a joint venture of Government of Rajasthan; Maharashtra Knowledge Corporation Limited (MKCL), Pune; University of Rajasthan, Jaipur; Maharana Pratap University of Agriculture and Technology, Udaipur; Vardhman Mahaveer Open University, Kota; RajComp Info Services Ltd. and Centre for e-Governance. Today RKCL has a franchise network of approximately 2,800 centres (IT Gyan Kendras) across the state. RKCL’s basic mission is to bridge digital divide, bring the common people closer to ethos and opportunities of knowledge society and knowledge-led economy and with a view to bring the real fruits of IT to the masses for survival, development and empowerment. Currently, we are providing quality vocational computer-related education to the masses. The education is being provided in a blended learning mode, in a very structured and evidence-based environment. RKCL currently conducts IT training and education courses through its wide network of 2800 centres (ITGK – IT Gyan Kendra). This has emerged as the single largest network of IT Training Centres in Rajasthan. The co-ordination of this network is done through a fully web-based management framework. This framework enables almost paperless management of such a massive network in a time-bound manner and on large geographical region amidst occasionally adverse conditions beset with power outages, telecom link failures, paucity of bandwidth etc. RKCL directly or through its channel partners - ITGK and VMOU conducts RS-CIT Course in collaboration. RKCL executes an MoU with VMOU for necessary terms and condition for conducting the RS-CIT course through ITGK including examination, prescribing the curriculum, course delivery mechanism, re-examination etc. However for course other than RS-CIT, RKCL may make necessary arrangement with Education Partners, Software providers, Course Material procurements, Content Providers or any other requisite arrangements as applicable. At present to serve these 2700+ ITGK there are two layers i.e. District Lead Centres (DLC’s) and Programme Support Agencies (PSA). DLCs and PSAs are Service Providers for our ITGKs (IT Gyan Kendras) spread all over Rajasthan. Now RKCL is planning to combine both the layers and appointing a single layer of SERVICE PROVIDERS across the State which will provide the services mentioned in this section. Mentioned below is approximate existing ITGK count and learner count for financial years 2012-13, 2013-14 and 2014-15. For last financial year i.e. 2015-16 learner count is 7.7 lacs approximately. Count shown is indicative only. RKCL does not commit any minimum number of admissions or any minimum business guarantee for future. Count shown below is just to indicate the quantum of work and amount of efforts required from the successful bidder. Actual learner count may witness seasonal/circumstantial variations as the situation may be.

District Approx. Learner Count 2012-13

Approx. Learner Count 2013-14

Approx. Learner Count 2014-15

Approx. Current ITGK Count

Ajmer 16564 27135 10656 113

Alwar 38439 33645 12690 128

Banswara 3976 9574 4549 79

Baran 6118 7760 3041 38

Barmer 9002 6764 3146 37

Bharatpur 25302 19982 8494 98

Bhilwara 14088 15961 6929 70

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District Approx. Learner Count 2012-13

Approx. Learner Count 2013-14

Approx. Learner Count 2014-15

Approx. Current ITGK Count

Bikaner 17950 16605 6847 81

Bundi 7174 8861 3339 38

Chittaurgarh 6306 9561 4258 53

Churu 20891 16536 6818 72

Dausa 22076 18434 5963 86

Dhaulpur 6521 4062 1741 20

Dungarpur 3578 7365 4105 45

Ganganagar 10733 16108 7779 72

Hanumangarh 9363 17964 6547 92

Jaipur 101538 117995 50458 502

Jaisalmer 2259 2824 1122 12

Jalor 6612 5581 1941 17

Jhalawar 6990 10823 4641 51

Jhunjhunu 31606 35617 13537 135

Jodhpur 29724 27825 13264 122

Karauli 8203 10095 3511 48

Kota 20773 27830 8143 85

Nagaur 26267 24641 10084 102

Pali 9404 10335 5192 71

Pratapgarh 1940 3461 2046 24

Rajsamand 5459 7478 4075 38

Sawai Madhopur 14638 13573 5716 52

Sikar 41212 34733 15690 166

Sirohi 3139 4088 2380 21

Tonk 15320 15692 5177 51

Udaipur 11489 21061 11233 126

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5. SCOPE OF WORK (TERMS OF REFERENCE)

A. ROLES AND RESPONSIBILITIES OF SERVICE PROVIDER

Service Provider shall undertake on behalf of RKCL the following broad responsibilities, duties, services for delivery of RS-CIT and other training programs: 1. New Centre Registration

a) Creation of ITGK centres across the state of Rajasthan as per RKCL’s requirements and

guidelines/eligibility criteria described at Annexure 8

b) Service provider shall identify prospective AO, validate against eligibility criteria in all aspects,

and upload online application on RKCL portal with complete information as per application

format shared by RKCL along with all applicable fees.

c) Sign agreement with approved ITGK’s as per format specified by RKCL.

d) Provide hand-holding to ITGKs in terms of on-boarding, documentation & day-to-day support

during the contract period.

e) Ensure displaying of ITGK authorization certificate issued by RKCL and proper flex/banner

displaying list of available courses

f) Provide logistics support to ITGK by delivering Authorization certificates, Biometric machine,

Software licenses, Renewal kit or any other inventory as the case may be to ITGK doorsteps

within timeline specified by RKCL after centre creation.

g) Service provider shall designate single point coordinators for liaison with the ITGK and RKCL and

provide updated information (Name, contact address, telephone numbers, and email ID, PAN No,

Bank A/c). Regular updating of the same will be done by Service provider on RKCL’s portal.

h) Deliverable: reports of inventory distributed/ delivery report/ staff information report

2. Training of ITGKs

a) Induction Training: Service provider needs to provide at least one full day Induction Training to

each and every ITGK educating them about their duties & responsibilities along with rules,

regulations, policies and guidelines issued by RKCL for various course/program/product/service

offerings

b) Refresher Training: Provide at least half day refresher training to ITGK Coordinator, counsellor

and faculties every 6 months.

c) Induction and refresher training shall include technical training, counselling aspects, business

promotion and teaching methodologies.

d) Deliverable: Submit attendance reports (including photos, copy of training content)-

monthly/quarterly

3. ITGK Target Planning & promotional Activities

a) Work out target plan of each ITGK individually in consultation with ITGK owner to ensure its long

term sustainability

b) Sensitize the citizens about various RKCL courses/programmes and promote the same in

urban/rural areas through state/district-level through local promotional campaigns.

c) Help ITGKs in wide publicity, carrying out various seminars and meetings among the potential

clientele for RS-CIT and other programs

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d) Motivating ITGKs for marketing and ensuring ITGK presence in Group marketing activities like

Rallies, Joint Seminars and similar state/district/tehsil level and local promotional campaigns.

e) High-level coordination and self-presence at major joint marketing events to make them a grand

success. At least one major marketing event should ideally be conducted at each district every

quarter. Collaborate with other service providers at district level for joint marketing events.

f) Quarterly ITGK meetings: Conduct at least one common ITGK meeting in every quarter for

sharing best practices of other ITGKs, discussing promotion plans, presenting analysis of

admissions etc. Advance communication should be sent to concern ITGKs along with detailed

agenda.

g) Regional Workshops conducted by RKCL: Make necessary arrangements for regional workshops

planned by RKCL and ensure presence of ITGK’s Teachers/Learning Facilitators, System

Administrators, Counsellors, and marketing personnel (as required by RKCL) at ITGK’s cost at all

training/orientation programs organized by RKCL.

h) Attend all the meetings convened by RKCL with proper requisite information and documents and

actively participate in the said meetings.

i) Deliverable: Meeting reports/ attendance-training/ workshops/ promotional activity details to be

shared with RKCL on monthly basis

4. Call Center Setup and Communication

a) Setup a dedicated Call Center for ITGKs and learners (Minimum one call centre executive on

every 75 ITGKs)

b) Proactively calling learners (random selection covering each and every ITGK) during learner life

cycle stages to ensure quality learning (Apart from recorded voice messages to the learners, 1-2

feedback calls should ideally be made to each learner during his/her course duration)

c) Timely communication of relevant information to ITGKs (and to concerned learners through

ITGKs) through mail and SMS as and when received from RKCL like Important dates,

Admission/Learning/Exam Process related information etc.

d) Deliverable: Information of Call centre to be updated on RKCL portal (number/ timing) and Call

recordings to be saved and weekly summary to be submitted to RKCL

5. Admission Management

a) Upload admissions on online/quasi-online software as provided by RKCL through ITGKs

b) Ensure transfer of learner fees or RKCL/VMOU share (as decided by RKCL time to time) to RKCL’s

account using internet banking/debit card/credit card facility provided by RKCL through ITGK

before payment closing date for the batch. Only after transfer of requisite fee, learner shall be

confirmed in the particular batch.

c) Ensure that the ratio of the Computer to the registered learners in an ITGK is maximum of 1:24

i.e. for every single computer, the ITGK will be allowed to make admissions of only up to 24

learners (assuming 12 working hours per day and each computer being shared by 2 learners),

hereinafter referred as ‘Intake capacity’.

d) Monitor ITGKs performance against set targets, give feedback and suggest corrective actions.

Plan, review and assess the performance of the ITGK as per the Critical Performance Indicators

(CPIs) specified by RKCL, take remedial/corrective actions for achieving the CPIs for each quarter.

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e) Track admission counts across its ITGKs and ensure consistent progress and quarterly minimum

number of admissions across all its ITGKs. Proactively communicate admissions statistics and

analysis and work with non-performing (from number of admissions perspective) ITGKs and

ensure revival of these ITGKs.

f) Ensure at least 50 paid RS-CIT admissions in a year (with minimum 25% admissions in each

quarter).

g) Technical Support: Resolve all technical issues related to Admission Softwares

6. Learning Management

a) Technical Support:

i. Support and guide ITGK to carry out the installation of Learning Management System (LMS)

Software or any other relevant Softwares/components for smooth functioning of LMS

ii. Resolve all technical issues related to learning management software and provide technical

support to ITGKs with respect to RKCL products, courses and platforms within timeframe.

Maximum response time should be 24 hours in any case.

b) Work out a suitable time-table through ITGKs for course according to the batch-wise academic

calendar specified by RKCL and announcing the same to the Learners. Ensure that this course will

commence and conclude strictly as per the academic calendar provided by RKCL.

c) Provide LMS login details to the learners through ITGKs

d) Ensure competent faculty availability at ITGK as specified in eligibility criteria of New Center

Registration process. Ensure that the ratio of instructor to learners in the ITGK lab will be 1:24

and in ITGK classroom it can be 1:48. Additionally at a time 2 learners can share one computer.

e) Ensure to maintain manual attendance register as well as logging learner attendance at ITGK

through Biometric machines provided by RKCL. Minimum 15 unique attendances should be

logged through biometric machine for each learner and 75% attendance in total is mandatory as

per physical attendance register. Learners with less than 15 days attendance as per Biometric

records will not be eligible for appearing in RS-CIT final examination.

f) Provide logistics support to ITGK by delivering Study material (books) or CDs or any other

inventory as the case may be to ITGK doorsteps within timeline specified by RKCL

g) Ensure course/study material issue to each learner through ITGK and Ensure to maintain Book

issue and Stock register at ITGK (learner-wise logs to be maintained with proper

acknowledgement from learner)

h) Ensure uploading of LMS learning and assessment records on a regular basis through ITGK

i) Analyse LMS learning records, tracking learner progress, recommend improvements to the ITGKs,

and warn against any direct or indirect attempt of unfair trade practices/malpractices

j) Impart the training to all the Learners through ITGKs as per the syllabus, quality standards and

procedures stipulated by RKCL so as to achieve the desired objective of the curriculum and

ensure attainment of desired competencies on the part of the learners.

k) Ensure proper and fair conduct of continuous and periodic evaluation (through LMS) of the

learners at the ITGKs

7. Field Visit and Inspection

a) Carryout random as well as periodic inspection of activities and resources at the ITGK to verify:

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i. ITGKs are operating from authorized locations as registered with RKCL (ITGK if found

operating from a location other than registered will be terminated)

ii. Availability of requisite infrastructural and computing facilities

iii. Availability of competent faculty members and counsellors

iv. Availability of biometric machine (provided by RKCL) in working condition

b) ITGK visit shall comprise of:

i. Interaction with Learners

ii. Interaction with Faculty, Counsellors & ITGK Owner/Coordinator

iii. LMS introspection

iv. ITGK visit report & feedback form

v. Any other item as prescribed by RKCL

c) Make at least one visit to each ITGK for every batch in the year or as instructed by RKCL and

submit report within 15 days of visit.

d) Maintaining relevant documents of ITGKs including details of Human resources (Owner,

Coordinator, Faculty and Counsellor) on RKCL portal.

e) Take learner feedback (sample) of each and every ITGK telephonically as well as during visits,

analyse the same and present to Learner and ITGK

f) To ensure software license compliance at ITGK location. RKCL shall provide software licenses

required for RKCL’s course offerings only and will have no responsibility of license compliance at

ITGK location.

g) Educating ITGK and ensuring ethical business practices and recommend to RKCL

cancellation/discontinuation of authorization of the ITGK in case of:

i. offering any type of concession in RS-CIT course fee by whatever name called; ii. the ITGK conducting the RS-CIT course in an unauthorized premise;

iii. committing malpractices by the ITGK which may cause damage to the goodwill of RKCL and/or financial damage to other ITGKs following ethical practices;

iv. ITGK grossly misguiding the potential learners and/or public at large; v. Associate/Assist/Communicate with any Individual/Firm/Company/Association who had

filed any writ/court case against RKCL or working against RKCL business interest/RKCL reputation

vi. Non-compliance by ITGK of any provisions or guidelines communications/norms issued by RKCL from time to time

vii. Non-compliance of learning quality standards, manipulating with/in software, LMS indulging into unethical practices, interfere in examination process etc.

8. Examination

a) Pre-Examination:

i. Photo-sign Processing: SERVICE PROVIDER will run photo sign check process through online

software for each learner and reject wrong photo-sign as per RKCL guidelines

ii. Check examination eligibility of learners & follow up with ITGKs for remedial measures in

order to make them eligible for final examination

iii. Learner management: Service provider must ensure through ITGK the following in order to

avoid issues in Final examination and certification:

Correct Data Entry of learner details in online application including proper and

correct Photo Sign uploading

Timely Internal Assessment data uploading

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Timely Biometric Attendance uploading

iv. Communication to learners regarding re-exam through ITGKs as well as direct bulk SMS

v. Transfer of Re-examination fee deposited by learners to RKCL account through ITGKs

vi. Pre-exam orientation & one-week exam preparation through ITGKs

vii. Ensure timely download and distribution of examination Hall-Tickets by its ITGKs to all the

Learners

b) Post-Examination:

i. Raise objections (if any) regarding question paper and answer key published by VMOU

ii. Ensure to maintain Certificate issue register at ITGK with proper learner-wise

acknowledgement

iii. Submit certificate correction, duplicate certificate, government employee fee

reimbursement applications to RKCL through ITGKs

iv. Maintain learner-wise result records for future reference and re-exam application

reminders to learners

v. Ensure that at least 60% of the learners registered at concerned ITGKs in a batch pass the

course and 25% score more than 75% marks in RS-CIT

vi. Provide logistics support to ITGK by delivering Learner Certificates to ITGK doorsteps within

timeline specified by RKCL

9. Grievance Handling and Redressal

a) Handling grievances of ITGKs and minimize ITGK interaction with RKCL by resolving queries and

redressing grievances related to learner life cycle management from admission to examination.

b) Learner grievance handling regarding Fees, Learning, Permission letter, Examination, Certificate

issue, Re-examination, ITGK complaints etc. through call centre.

c) Act in time bound manner and ensure process compliance as laid out by RKCL on any complaint

from any of its ITGK regarding any illegal activity by authorized ITGK or unauthorized centres.

d) Recommend and process address changes for an ITGK as per policy laid down by RKCL

10. Government Scheme Support

a) If any Government schemes are implemented through RKCL network, make at least one visit per

batch per scheme to each participating ITGK during learning period in line with visit guidelines

specified at Para 7

b) Submit relevant reports in consultation with RKCL to concerned department offices if required

B. DURATION OF THE CONTRACT a) The duration of the Contract will be four years from the date of signing of the Contract. Initially

the work order will be issued for a period of 1 year which after review will be renewed each year accordingly. SERVICE PROVIDER shall sign a co-terminus contract with ITGK owners as specified by RKCL.

b) SERVICE PROVIDER shall have to execute an agreement with RKCL within 30 days of issuance of

LOI and deposit security amount.

C. INFRA AND MANPOWER REQUIREMENT

a) Office Requirement – The successful bidder must have their dedicated office (dedicated only for working of RKCL) of at least 500 Sq. Ft. anywhere in Rajasthan (Service Provider HQ).

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b) Office Infrastructure- SERVICE PROVIDER Office should have

i. Reception/Counselling Area ii. 2-3 PC/Laptop, one Scanner, one printer and Internet Connection for training purpose

iii. One 30-seater Meeting Hall/Conference Room c) Man Power-: SERVICE PROVIDER shall ensure the availability of qualified staff for execution of

assigned roles and responsibilities. A dedicated team for RKCL (people working only for RKCL) should be posted where SERVICE PROVIDER is operational for day-to-day support and coordination. SERVICE PROVIDER shall appoint at minimum following dedicated staff to run RKCL operations:

Role Level Count Minimum Qualification/Experience

Nodal Officer Service Provider HQ in Rajasthan

1 Graduate with at least 3 years of experience in similar setup/operations/administration

Coordinators District HQ

Initially Minimum one in each district and thereafter 1 additional on every 50 ITGKs in a given district

Graduate with at least 1 year of experience in similar setup/operations/administration having exposure to technical and marketing environment

Call center executive

Service Provider HQ in Rajasthan

1 on every 75 ITGK across state

Any Graduate

The bio data of all the persons employed by the Agency shall be made available to RKCL at the time of agreement.

The Agency shall furnish to RKCL specifically the details including their qualification and experience of the officials entrusted with the operational management and for interaction with the RKCL for policy and operational decisions.

All statutory obligations/ liabilities like Salary, ESI, P.F., etc., as per Labor Laws for the manpower employed for this contract will be the responsibility of the Agency. RKCL in no way will be responsible for the same and will not be construed as an employer directly or indirectly. The particulars asked for in this connection are purely for reference only.

The manpower employed by the Agency will have no right in any manner to claim any benefits/ rights with the Procuring Entity.

Boarding, lodging, incidental expenses, medical expenses, etc. for the Agency’s manpower shall be borne by the Agency.

The Agency shall extend Group Insurance to all the persons of the Agency working in the field. RKCL will not be liable for any risks including riots, theft, damage due to law and order, floods, accidents, etc. under any circumstances.

The officers, supervisors and operators engaged by the Agency shall get trained in the overall management of the field operations and implementation.

The manpower appointed by the Agency should report to the Officials concerned as authorized by RKCL about their attendance, leave and report other matters connected with the work.

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The manpower shall not be changed/ transferred without the knowledge of RKCL except in circumstances beyond the control of the Agency. The replacements should be provided immediately in case of any change or transfer.

The Agency shall ensure that the behavior of all the officers and staff is decent and courteous at all times. The persons reported for any indecent behavior must be immediately replaced.

D. TIMELINES & DELIVERABLES

Role & Responsibilities Deliverables Timeline

New Center Registration 1. Physical Application form and supporting documents

2. AO/ITGK Infra Visit Reports 3. SP-ITGK agreements 4. Manpower details

As communicated by RKCL

Training of ITGKs 5. Minutes of Meeting 6. Attendance Sheet 7. Photographs 8. Feedback forms

7th of every month

Business Promotion & Meetings

9. Business Promotion Activity Report 10. ITGK-wise business plan & targets 11. Minutes of Meeting 12. Attendance Sheet 13. Photographs 14. Feedback forms 15. Next month Business promotion plan

7th of every month

Admission Management 16. Technical Support log 17. Inventory/Stock register report 18. Admission Analysis reports

7th of every month

Learning Management 19. Technical Support log 20. Learner-wise Attendance Reports

(Manual and Biometric) 21. LMS reports analysis 22. Telephonic Learner Feedback reports

7th of every month

Field visit & Inspection 23. ITGK Visit Reports 24. Feedback Forms (ITGK/Learner)

7th of every month

Examination 25. Photo sign rejection report 26. Batch-wise Learner-wise exam result

records 27. Re-examination Records 28. Certificate Issue Records

7th of every month

Grievance Handling 29. Call Center recordings and weekly summary report

30. ITGK Grievance Handling Report 31. Learner Grievance Handling Report

7th of every month

Government Scheme support

32. Batch Visit Reports 33. Learner-wise Attendance Reports

(Manual and Biometric) 34. LMS reports analysis

As communicated by RKCL

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35. Telephonic Learner Feedback reports

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6. PROJECT METHODOLOGIES

A. Allotment Process a) District and Center allotment process will be based on the capacity and experience of empanelled

service providers.

b) District preferences will also be sought from Service Providers after empanelment but final

allotment shall be at discretion of the Procuring entity (RKCL)

B. New Center Registration a) Service provider shall setup new ITGKs in allotted territory as per the New Center Registration

guidelines described at Annexure 8

C. Withdrawal of ITGKs a) If an ITGK is willing to discontinue the project, he may submit the application for withdrawal of

ITGK. The service provider shall further recommend to RKCL for withdrawal of said ITGK along

due clearance with respect to the ITGK operations and completion of all exit formalities. RKCL

after verification may withdraw the ITGK online and inform Service provider accordingly.

Information of such ITGKs shall be published on RKCL website and related websites and service

provider will ensure that the Center visibly displays the information regarding discontinuation of

ITGK training services at the authorized location for a period of one month starting from 7 days

prior to the withdrawal date.

D. Termination of ITGKs a) The service provider shall recommend to RKCL for termination of an ITGK on the basis of non-

performance or any irregularity by the ITGK owner and shall specify the grounds for termination

of ITGK.

b) RKCL after verification may terminate the ITGK online and inform Service provider accordingly.

Information of such ITGKs shall be published on RKCL website and related websites and service

provider will ensure that the Center visibly displays the information regarding termination of

ITGK training services at the authorized location for a period of one month starting from the date

of termination.

c) Any ITGKs found indulging in any irregularity/fraud or if any complaint/FIR has been registered

against the ITGK due to its association under RKCL’s project at any point of time shall not be

allowed to work under this EoI.

E. Migration of Existing ITGKs

a) No additional registration fees shall be charged by the Service Provider, if ITGK migrates under

the same existing service provider but at per new arrangement of this EoI

b) Existing ITGKs will not be required to sign new agreements if it migrates under same service

provider under new arrangement but will be required to submit a written consent for Service

Level Agreements mentioned in this EoI which will act as an addendum for existing agreement.

c) In case existing ITGK opts for a different or new service provider, ITGK will be required to sign a

new agreement under new arrangement of this EoI

F. Address Change

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a) Any of the ITGKs may submit request for Address change (within 500 meters of current

authorized location) through its service provider.

b) Service Provider shall submit the request online to RKCL

c) RKCL shall review the application and approve/reject the application on merit basis

G. ITGK and Service Provider Mapping

a) Any of the ITGKs may submit online request for Service Provider change at any point of time (or

as communicated by RKCL) to RKCL mentioning reason for the same

b) Similarly Service Provider may submit online request for disassociation of a particular ITGK at any

point of time (or as communicated by RKCL) mentioning reason for the same

c) RKCL shall review the request from ITGK/Service provider and approve/reject the same based on

genuineness and history of the ITGK/Service provider

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7. STAKEHOLDER RESPONSIBILITIES

A. ROLES AND RESPONSIBILITIES OF RKCL

RKCL shall: 1. Define policies/guidelines/rules/strategy related with setting up of ITGK and their functioning as

per this EoI document from time to time and communicate the same to all stakeholders, like:

i. Processes for marketing and promotion,

ii. Guidelines for creation of computing, communication and networking infrastructure,

iii. Admission and fees collection Process,

iv. Academic and management methodology,

v. Academic time schedule/calendar for the course,

vi. Study material (in form of Book or CD) and other material,

vii. Share distribution mechanism for parties hereto,

viii. Evaluation and certification mechanism for learners,

ix. Feedback and quality assessment from time to time

2. Verification of ITGK

3. Provide necessary training to Service provider for effective implementation of project. Service

Provider in turn shall train ITGK faculties/counsellors/coordinators.

4. Issue academic calendar for the course with timely communication to concerned stakeholders

through mail and SMS

5. Provide Authorization certificates, Biometric Machine, Software Licenses and Installer CDs,

Renewal Kit & other necessary material to the service provider for delivering the same to ITGK

doorsteps.

6. Determine unilaterally the fees of course and sharing pattern and intimate to the concerned

stakeholders by separate notifications from time to time.

7. Timely supply of adequate study material to ITGK (through Service Provider)

8. Conceive and design the course and prescribe its syllabus and design, production and/or

distribution of the detailed study material to the learners enrolled at the ITGKs. The syllabus and

specification of the study material will be revised from time to time by VMOU/RKCL, as and when

required.

9. Provide marketing, advertisement and promotional support through various media so as to give

wider publicity to the course among the potential learner community.

10. Motivate channel partners for Group promotional activities

11. Conduct ITGK meetings/Regional workshops periodically and share best practices, discuss

promotion plans, present analysis of admissions, etc.

12. Liaise with the examining body such as VMOU on regular basis for smooth conduct of

examination

13. Conduct random visits to ITGKs for monitoring learning quality and availability of adequate infra

and computing facilities at ITGKs

14. Monitor Service Level Agreements for Service Providers as well as ITGKs during the contract

period and disburse their share of the course fee after deduction of tax at source (if applicable)

15. Supervise the quality of advertisements and promotions to ensure that all public communications

by the ITGK are free of errors or any socially objectionable or unlawful references.

16. Liaise with Government departments for Implementation of Government Schemes

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B. ROLES AND RESPONSIBILITIES OF VMOU

VMOU shall: 1) Prescribe the curriculum in collaboration with RKCL, enrol, conduct examination (online or

offline) for the learners and also appointment of necessary designated officer and staff for smooth conduct of the examinations at the examination centres as mutually decided by both the parties and ensure all the formalities to make course approved from competent authority.

2) Award certificate at the end of the course after getting necessary data from RKCL. The certificates given to the successful learners will have printed/scanned ink signatures of the VMOU competent authority.

3) Generate permission letters for admission to examination as per the eligible learners list provided by RKCL and same will be made available on RKCL website/specified login to be given as required for easy access and downloading to examinees.

4) Declare result within a reasonable time frame after completion of online/offline examination, provisional certificates shall be issued on demand to the examinees as per VMOU norms

5) Publish yearly examination calendar on website. VMOU may publicize this calendar in print media time to time if required

6) VMOU shall in consultation with RKCL provide requisite course material in form of a book for RS-CIT.

7) Preserve examination records and data.

C. ROLES AND RESPONSIBILITIES OF ITGK

1. Renewal (SLA dependent)

a) Be responsible for payment of such amounts of registration/renewal fees (if any), processing

fees, Security Deposit (Refundable), Faculty Examination Fee, Learning Management System

(LMS) License fees, Common Marketing Fund etc., as maybe specified by RKCL from time to time.

b) Designate one of its officials with adequate responsibility, accountability and authority as the

ITGK Coordinator who will also serve as the single point interface to liaison with the Service

Provider and RKCL and its authorized agents on all issues pertaining to the smooth administration

and operations of the ITGK.

c) Maintain at RKCL, interest free refundable security deposit amount as per RKCL norms. Deposited

amount will be refunded only on termination/cancellation of ITGK’s authorization or completion

of contract period subject to deduction of amount recoverable from the ITGK/pending litigation

charges (if any).

d) Provide the correct details of Ownership of ITGK, Location of ITGK, Its legal status, Bank A/c

details, PAN card Details and copy of income tax/service tax return to Service Provider.

e) Undertake to create necessary infrastructure, computing facilities, qualified staff, requisite

trained Trainers/Facilitators etc. as prescribed by RKCL from time to time.

f) Adhere to the rules, policies and norms as designed and developed by RKCL from time to time

regarding all matters related to RS-CIT and any other programmes/courses including its

curriculum, academic delivery methodology, course fees including Internal

Assessment/examination fees and Re-Examination fees, Learning facilitation fee Course material

charges, faculty Examination Fees, time-tables/schedules of batches, Examination dates,

evaluation and certification methodology and norms.

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2. Training & Meetings a) Ensure presence of ITGK Teachers/Learning Facilitators, System Administrators, Counsellors, and

marketing personnel at all training/orientation programs organized by RKCL/ Service Provider at their own cost.

b) Attend meetings conducted by RKCL, Service Provider or RKCL’s authorized agency from time to time.

3. Business Promotion a) Ensure wider publicity to these courses among potential learners community and motivate

students, parents, teachers and guardians, participate and join group marketing activities with Service Providers or RKCL.

b) Actively participate in all group marketing events organized by Service Providers or RKCL. 4. Admission a) Enrol the learners for the courses by issuing RKCL’s application form, by entering learners’ data

into admission software provided by RKCL and issue the fee receipts from RKCL software to the applicants.

b) Transfer full course fee or RKCL/VMOU share (as decided by RKCL time to time) collected from Learners to RKCL (in case of paid Learners admission) before the payment closing date defined by RKCL for the batch.

c) RKCL reserves the right to either refund or forfeit any amount as received after due date or received without following proper procedure of remittance as stipulated by RKCL from time to time to ITGK without confirming the Learner. Any activity of ITGK showing negligence on part of ITGK and suffering to learners shall be taken up seriously. ITGK may be penalized financially or otherwise considering the seriousness of the issue.

d) Receive from Service Provider, based on confirmed learner count, the requisite number of copies of the study material and handover medium wise Course material (Book) to Learners

e) Ensure to maintain Book issue and stock register at ITGK with proper learner-wise acknowledgement

f) Disclose all the receipts on account of RKCL’s programmes/courses in all the returns to be filed statutorily and shall submit copy of the same on demand to RKCL.

g) The ITGK should not divert the enquiries and potential candidates for the RS-CIT course to its own Course offerings and thereby defy the spirit of partnership and mutual interest. If any ITGK is found indulging into such malpractices, its authorization may be cancelled and it may be permanently debarred with respect to such suburbs, wards or towns.

h) Ensure at least 50 paid RS-CIT admissions in a year (with minimum 25% admissions in each quarter).

i) Ensure that the ratio of the Computer to the registered learners in an ITGK is maximum of 1:24 i.e. for every single computer, the ITGK will be allowed to make admissions of only upto 24 learners (assuming 12 working hours per day and each computer being shared by 2 learners), hereinafter referred as ‘Intake capacity’

5. Learning a) Ensure software license compliance at ITGK. RKCL shall not be responsible for software (Including

operating Softwares) requirements/compliances for courses/programmes at ITGK for any other offerings than that of RKCL.

b) Ensure the availability of qualified staff for the management, coordination, marketing, teaching, evaluation, system administration, etc.

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c) Work out a suitable timetable for course according to the batch-wise academic calendar stipulated by RKCL and announcing the same to the learners. Ensure that these courses will commence and conclude strictly as per the academic calendar provided by RKCL.

d) Impart quality training / education to all the learners in the ITGK as per the stipulated syllabus and follow quality practices / manuals / policies as recommended by RKCL time to time so as to achieve the desired objective of the curriculum and ensure attainment of desired competencies on the part of the learners.

e) Provide LMS login details to all the learners. f) Ensure uploading of LMS learning, assessment and biometric attendance records on a regular

basis g) Ensure proper and fair conduct of continuous and periodic evaluation (through LMS) of the

learners at the ITGKs h) Shall maintain full records of attendance of the learners through manual attendance register as

well as logging learner attendance through Biometric machines provided by RKCL for all paid programmes/courses as well as programmes/courses under Government schemes. Minimum 15 unique attendances should be logged through biometric machine for each learner and 75% attendance in total is mandatory as per physical attendance register. Learners with less than 15 days attendance as per Biometric records will not be eligible for appearing in RS-CIT final examination.

i) Initially RKCL shall provide one Biometric machine to each ITGK and also provide their AMCs free of cost, however in case of damage/loss of biometric machine; the cost of replacement of new biometric machine shall be borne by the ITGK. In such cases, RKCL shall provide AMCs of these machines free of cost but if during the warranty/AMC period any part is replaced, the cost of the same shall be borne by the ITGK.

j) Ensure competent faculty availability at ITGK as specified in eligibility criteria of New Center Registration process. Ensure that the ratio of instructor to learners in the ITGK lab will be 1:24 and in ITGK classroom it can be 1:48. Additionally at a time 2 learners can share one computer.

k) Ensure smooth conduct of courses / programs as per RKCL/VMOU guidelines and only in the premises authorized for training by RKCL and offer total co-operation and support to RKCL, VMOU, Service Provider and RKCL’s authorized agencies / partners.

l) Provide free access to RKCL, Service Providers and RKCL authorized representatives to meet the students for giving the information of RS-CIT and seeking feed-back from them. They should also be allowed to visit premise of ITGK at any point of time for the purpose of visit, inspection, review or any other purpose as directed by RKCL.

m) Ensuring ethical business practices for enrolment and learning. Service Provider or nominated officials of RKCL may recommend cancellation/discontinuation of authorization of the ITGK in case of:

i. offering any type of concession in RS-CIT course fee by whatever name called; ii. the ITGK conducting the RS-CIT course in an unauthorized premise;

iii. committing malpractices by the ITGK which may cause damage to the goodwill of RKCL and/or financial damage to other ITGKs following ethical practices;

iv. ITGK grossly misguiding the potential learners and/or public at large; v. Associate/Assist/Communicate with any Individual/Firm/Company/Association who had

filed any writ/court case against RKCL or working against RKCL business interest/RKCL reputation

vi. Non-compliance by ITGK of any provisions or guidelines communications/norms issued by RKCL from time to time

vii. Non-compliance of learning quality standards, manipulating with/in software, LMS indulging into unethical practices, interfere in examination process etc.

6. Examination

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a) Support in examination activities as per rules and regulation prescribed by RKCL and VMOU b) Check examination eligibility of all enrolled learners & follow up with learners for remedial

measures in order to make them eligible for final examination c) Learner management: Service provider must ensure through ITGK the following in order to avoid

issues in Final examination and certification:

Correct Data Entry of learner details in online application including proper and

correct Photo Sign uploading

Timely Internal Assessment data uploading

Timely Biometric Attendance uploading

d) Ensure that at least 60% of the learners registered at concerned ITGKs in a batch pass the course

and 25% score more than 75% marks in RS-CIT

e) Communication to learners regarding re-exam f) Re-exam application through online software and transfer of Re-examination fee deposited by

learners to RKCL account g) Pre-exam orientation & one-week exam preparation before final examination h) Ensure timely download and distribution of examination Hall-Tickets to all the Learners i) Contact VMOU for any issues / suggestions / feedback with examination of RS-CIT / any other

exam as conducted by VMOU j) Submit certificate correction, duplicate certificate applications and government employee fee

reimbursement application to RKCL through service providers k) Maintain learner-wise result records for future reference and re-exam application reminders to

learners l) Ensure to maintain Certificate issue register at ITGK with proper learner-wise acknowledgement 7. Communication a) Communicate all important guidelines and information as provided by Service Provider or RKCL

to learners 8. Government Schemes In case of Government Sponsored Schemes or any schemed sponsored by any agency, the following points is to be followed up/taken care of by ITGK-: a) ITGK would ensure obtaining all prescribed certificates / documents required for determining

eligibility of the learners availing of such benefit and follow Govt. directions as communicated by RKCL.

b) The ITGK would verify veracity of these certificate / documents for fulfilling the laid down eligibility criteria and preserve it for record and forward a copy of all the Documents in this regard to SP/RKCL or any authority as decided and communicated by RKCL.

c) If such benefit is denied by the Government or the funding organization due to insufficient documents, change in the norms of the scheme or discontinuation of the scheme and/or wrong verification by the ITGK and resulting wrong conformal of the Learner, the loss in fee receipt on this account would be borne by the ITGK and the necessary amount would be recovered from ITGK.

d) ITGK must submit the DATA / List or any other information as directed by its Service Provider or by RKCL to such benefit giving Government Department or any other organization for availing of the fee benefit announced/agree to.

e) In the event of payments in Instalment mode from any Government sponsored scheme or scheme funded by any agency, RKCL shall first recover its and VMOU share, and remaining amount shall be paid to ITGK either fully or in installments. This sharing of fee pattern may be revised by RKCL from time to time with due intimation to Service provider who shall further communicate the same to each ITGK.

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f) The criteria and allotment of seats under any Government/other agency shall be as per norms decided by either the Government/Agency or RKCL and shall be binding on ITGK. RKCL may give preference or higher quota to Government/Universities/College/NGO based on certain criterias.

g) In case of Government Schemes, Department/RKCL reserves the right to withhold payment or impose penalty or blacklist any ITGK from selected schemes or all future schemes based on sudden inspection by Department/RKCL officials and any kind of irregularities reported in learning practices or required infrastructure or any relevant points

9. Reporting & Grievance Submission

a) Submit in timely manner the information/ replies/ clarifications as well as the statistical information reports regarding various matters of RS-CIT and other programmes/courses and as per request of the Service Provider / RKCL

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8. SLA (SERVICE LEVEL AGREEMENTS)

SLA SLA Monitoring

Breach Penalty for Breach

Breach of Contract

Training of ITGKs Service provider shall impart one full day induction training and two half day refresher training to each ITGK every year.

Yearly Number of Trainings less than specified

Rs. 1000/- per ITGK per miss, subject to a maximum of Rs. 3000/- per ITGK

Three instances of breach with max penalty of 3000 may lead to termination of contract.

MIS Reporting to RKCL Reports should be made available to RKCL as per the timelines specified

Batch-wise Any missing report or Anomalies in Reporting or hiding of facts/misrepresentation

Rs. 500/- per wrong/missing report subject to a maximum of Rs. 5000/-

3 consecutive instances of breach per academic year may lead to termination of contract

Field Visits & Inspection At least one visit to each ITGK for every batch

Batch-wise Number of Visits less than specified

Rs. 500/- per ITGK per visit, subject to a maximum of Rs. 2000/- per ITGK

Three instances of breach with max penalty of 2500/- may lead to termination of contract.

Logistics Support Timely delivery of Study Material, Certificates etc. at ITGK doorsteps

Batch-wise Delay in delivery of material provided by RKCL (More than 10 days from receipt date or as communicated by RKCL)

Rs. 100/- per verified complaint subject to a maximum of Rs. 500 per ITGK

Three instances of breach may lead to termination of contract.

Following SLAs will be applicable to ITGKs, which will be applicable to concerned Service provider as well:

SLA SLA monitoring

Breach Penalty for Breach

Breach of Contract

Corresponding Penalty on SP

Number of Admissions ITGK must ensure min 50 admission in a year (with minimum 25% in each quarter)

Quarterly Less admission than as specified on quarterly basis

Rs 300 Per admission short of no defined for that quarter subject to a maximum of Rs. 3000

Three instances of breach or less than 90% of total target- may result in termination of ITGK

Rs. 2000 per ITGK per breach

Learner management ITGK must ensure the following in order to avoid issues in Final examination and

Quarterly Complaints received from learner regarding the same within 1 month of

Rs. 500 Per complaint subject to a maximum of Rs. 5000

Three instances of breach may result in termination of ITGK

Rs. 2000 per ITGK per breach

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SLA SLA monitoring

Breach Penalty for Breach

Breach of Contract

Corresponding Penalty on SP

certification:

Correct Data

Entry of learner

details in Online

application

including proper

and correct

Photo Sign

uploading

Timely Internal

Assessment data

uploading

Timely Biometric

Attendance

uploading

permission letter generation of the concerned learner’s batch.

RS-CIT result At least 60% of the learners enrolled at an ITGK must pass the course. And At least 25% of them must score 75% or above in RS-CIT

Batch-wise Non-compliance of terms mentioned

Rs. 500 per learner subject to a maximum of Rs. 5000

Three instances of breach may result in termination of ITGK

Rs. 2000 per ITGK per breach

Note:

1. Repeated breach of SLAs and non-performance may result in termination of the Service Provider and

ITGKs.

2. Operational guidelines in addition to these SLAs will be issued by RKCL separately time to time for

ITGKs as well as Service Providers.

3. Final discretion of termination shall remain with RKCL.

4. RKCL also reserves the right to change SLAs time to time based on requirement of the Projects.

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9. PAYMENT TERMS AND SCHEDULE

a) Payment schedule – After signing of agreement, Payments will be made to the Service Provider on batch* basis subject to the submission of deliverables mentioned at Para 5-D along-with copy of original invoice.

Payment to Service Provider Timeline

40% of Service Provider share After 30 days of batch start date

60% of Service Provider share After 90 days of batch start date

*Batch is defined as the month in which admissions are being uploaded by ITGK on RKCL’s admission portal. Academic calendar published by RKCL shall mention batch opening and closing dates.

b) Any penalties, as applicable, for delay and non-performance, as mentioned in this bidding document, will be deducted from the payments for the respective batches.

c) Taxes, as applicable, will be deducted at source, from due payments, as per the prevalent rules and regulations. However, service tax shall be paid separately on the basis of submission of original invoice.

d) In case of Government/Other sponsored Schemes, the SERVICE PROVIDER/ITGK share shall be disbursed only after receiving the same from concern sponsor. In case of short payment received, RKCL reserves rights to first retain its share.

e) Share Pattern for RS-CIT course if mentioned below. Service Providers will also be eligible and bound to provide services to RKCL’s authorized ITGKs for other upcoming course offerings, product offerings and/or service offerings also, in the fields of eLearning, eGovernance and eEmpowerment and such other programs of RKCL from time to time. For all such other offerings, SERVICE PROVIDERs will be paid as per the rates/remuneration decided by RKCL.

Course Batch Average* Service Provider Share (Per learner)(excluding

taxes)

ITGK Share (Per learner)

RS-CIT

>0 and <=10 Rs. 85

Rs. 1850 >10 and <=15 Rs. 95

15 and above Rs. 105

*Batch Average is average number of admissions of all the ITGKs of concerned Service Provider in a

particular batch

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10. GENERAL CONDITIONS OF CONTRACT

Bidders should read these conditions carefully and comply strictly while sending their bids. 1) Contract Documents

Subject to the order of precedence set forth in the Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory.

2) Service of Notice, Documents & Orders

a) A notice, document or order shall be deemed to be served on any individual by - a. delivering it to the person personally; or through registered e-mail; b. leaving it at, or sending it by post to, the address of the place of residence or business

of the person last known; c. on a body corporate by leaving it at, or sending it by post to, the registered office of the body

corporate. b) When the procedure laid down in (a) above is followed, service shall be deemed to be effected by

properly addressing, preparing and posting the document, notice or order, as the case may be.

3) Scope of Service Delivery

a) Subject to the provisions in the bidding document and contract, the services to be delivered shall be as specified in the bidding document.

b) Unless otherwise stipulated in the Contract, the scope of service shall include all such items not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining delivery and completion of the services as if such items were expressly mentioned in the Contract.

c) RKCL may assign few additional services at reasonably extent during the currency of contract without giving any additional financial benefits with mutually agreed basis.

4) Selected Bidder’s Responsibilities

The Selected Bidder shall deliver all the services included in the scope in accordance with the provisions of bidding document and/ or contract.

5) Purchaser’s Responsibilities a) Whenever the delivery of services requires that the Selected Bidder obtain permits, approvals, and

import and other licenses from local public authorities, the Purchaser shall, if so required by the Selected Bidder, make its best effort to assist the Selected Bidder in complying with such requirements in a timely and expeditious manner.

b) The Purchaser shall pay all costs involved in the performance of its responsibilities, in accordance with the general and special conditions of the contract.

6) Contract Price a) The Contract Price shall be paid as specified in the contract subject to any additions and

adjustments thereto, or deductions there from, as may be made pursuant to the Contract. b) The bidder shall be liable for depositing all the statutory duties, taxes and other sums on the

services rendered by him and all the statutory returns /forms under the contract and shall be liable to submit the proof of the same as and when asked by RKCL.

7) Taxes & Duties

a) The TDS, if applicable, shall be deducted at source by RKCL as per prevailing rates. b) If any tax exemptions, reductions, allowances or privileges may be available to the successful/

selected bidder in India, the Purchaser shall use its best efforts to enable the successful/ selected bidder to benefit from any such tax savings to the maximum allowable extent.

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c) Service Tax (if applicable on SERVICE PROVIDER Services) shall be paid extra to the bidder on submission of original invoices followed by challan of deposition of service tax.

8) Copyright/IPR a) Intellectual Property Rights (IPRs) in the context of this EOI shall refer to all such patents,

trademarks, copyrights in respect of any hardware, software, product documentation, design document, or any other document, whether in printed or in electronic, digital or any other format which is an integral part of the hardware/software or is supplied along with such products which forms the subject matter of this agreement. IPRs also include study material, course material, educational and promotional content whether in printed or in electronic, digital or any other format and all business data generated during the period of validity of this Agreement.

b) The Software framework for the delivery of RS-CIT is developed by RKCL. As such, course content, methodology, assignments, the software code, whether compiled or un-compiled, in printed or electronic format, with software design logic, graphical user interfaces (GUI) and their design, look and feel, are explicit Intellectual Property of RKCL only. Any third-party components licensed by RKCL, if any, shall remain the property of those respective third-parties.

c) All the intellectual property rights, to and in the course name i.e. RS-CIT, ITGK, Gyan Kendra, are the exclusive intellectual property of RKCL ITGK is authorized to use such names only during its authorization by RKCL for RKCL programmes only. RKCL may take appropriate legal action on its unauthorized use.

d) Both parties shall respect the intellectual property rights of parties mentioned above and as such either party shall not- i. Reproduce the intellectual property of the concerned parties in any form, make any

modifications, alterations therein or deletions thereto; ii. Make any copies of the intellectual property of the concerned parties, permit to publish or

cause to be published the said as its own; iii. Circulate the intellectual property of the concerned parties to others not concerned or not

provided for by this agreement; iv. Commercially exploit the intellectual property of the concerned parties; v. Adopt the intellectual property of the concerned parties, formulate any part thereof and use

any other trademark, trade name or logo for it; vi. Do any act which would dilute the distinctiveness, validity, quality and standard of the

intellectual property of the concerned parties to the detriment of that party’s name and interest;

vii. Prejudice the confidentiality of the intellectual property of the concerned parties. e) Each party hereby undertakes to inform the other party of any violation of Intellectual Property

Rights or its unlawful use, under prevalent laws of the land. Further, each of the party herein, agrees to co-operate with the other to the extent possible in the process of investigating such cases of any violation of Intellectual Property Rights or its unlawful use and taking legal action against the said infringement.

f) Upon expiration or termination of Agreement with successful bidder, whichever is earlier, either party hereby agrees that- i. it shall not make any claim on the Trade Name, Trade Marks, Service Marks, Logo, etc. of the

concerned parties nor shall it use any trade name, mark, logo which is deceptively or confusingly similar to those belonging to the concerned parties,

ii. it shall desist from using the trade names, marks, stationery or other documentation issued by the other party embodying the intellectual property of the concerned parties,

iii. it will return to the other party or certify in writing to the other party as destroyed all copies of the intellectual property, in whole or in part, in any form, including partial copies, updates or modifications of the intellectual property received from the concerned parties or made in connection with this Agreement.

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9) Confidential Information

a) The Purchaser and the Selected Bidder shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party any drawings, documents, data, or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract.

b) The Selected Bidder may furnish to its Subcontractor, if permitted, such documents, data, and other information it receives from the Purchaser to the extent required for the Subcontractor to perform its work under the Contract, in which event the Selected Bidder shall obtain from such Subcontractor an undertaking of confidentiality similar to that imposed on the Selected Bidder.

c) The Purchaser shall not use such documents, data, and other information received from the Selected Bidder for any purposes unrelated to the Contract. Similarly, the Selected Bidder shall not use such documents, data, and other information received from the Purchaser for any purpose other than the design, procurement, or other work and services required for the performance of the Contract.

d) The obligation of a party under sub-clauses above, however, shall not apply to information that: - i. the Purchaser or Selected Bidder need to share with other institutions participating in the

Contract; ii. now or hereafter enters the public domain through no fault of that party;

iii. can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or

iv. Otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

e) The above provisions shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the service or any part thereof.

f) The provisions of this clause shall survive completion or termination, for whatever reason, of the Contract.

10) Settlement of Disputes: If any dispute arises out of the contract with regard to the interpretation,

meaning and breach of the terms of the contract, the matter shall be referred to by the Parties to the Managing Director, RKCL as the Sole Arbitrator of the dispute and whose decision shall be final.

11) All legal proceedings, if necessary arise to institute may by any of the parties (Government of Contractor) shall have to be lodged in courts situated in Jaipur, Rajasthan and not elsewhere.

12) Termination

Termination for Default i. The procuring entity may, without prejudice to any other remedy for breach of contract, by

written 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 RKCL; 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 RKCL terminates the contract in whole or in part, amount of PSD may be forfeited.

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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.

Termination for Insolvency

RKCL may at any time terminate the Contract by giving a written notice of at least 30 days to the supplier/ selected bidder, if the supplier/ selected bidder becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to the supplier/ selected bidder, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to RKCL.

Termination for Convenience

i. RKCL, 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.

13) Exit Management

1. Preamble i. The word ‘parties’ include the procuring entity and the selected bidder.

ii. This Schedule sets out the provisions, which will apply on expiry or termination of the Project Implementation and Operations and Management of SLA.

iii. In the case of termination of the Project Implementation and/ or Operation and Management SLA due to illegality, the Parties shall agree at that time whether, and if so during what period, the provisions of this Schedule shall apply.

iv. The Parties shall ensure that their respective associated entities carry out their respective obligations set out in this Exit Management Schedule.

2. Cooperation and Provision of Information during the exit management period i. The selected bidder will allow RKCL or its nominated agencies access to the information

reasonably required to define the current mode of operation associated with the provision of the services to enable RKCL or its nominated agencies to assess the existing services being delivered.

ii. The selected bidder shall provide access to copies of all information held or controlled by them which they have prepared or maintained in accordance with the Project Implementation, the Operation and Management SLA and SOWs relating to any material aspect of the services provided by the selected bidder. RKCL or its nominated agencies shall be entitled to copy all such information comprising of details pertaining to the services rendered and other performance data. The selected bidder shall permit RKCL or its nominated agencies and/ or any replacement operator to have reasonable access to its employees and facilities as reasonably required by RKCL or its nominated agencies to understand the methods of delivery of the services employed by the selected bidder and to assist appropriate knowledge transfer.

iii. This will be a planned activity and the bidder needs to get a sign off from RKCL on knowledge transition phase.

3. Confidential Information, Security and Data The selected bidder will promptly on the commencement of the exit management period supply to RKCL or its nominated agencies the following: i. Documentation relating to Intellectual Property Rights;

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ii. Project related data and confidential information; iii. All current and updated data as is reasonably required for purposes of RKCL or its nominated

agencies transitioning the services to its replacement selected bidder in a readily available format nominated by RKCL or its nominated agencies; and

iv. All other information (including but not limited to documents, records and agreements) relating to the services reasonably necessary to enable RKCL or its nominated agencies, or its replacement operator to carry out due diligence in order to transition the provision of the services to RKCL or its nominated agencies, or its replacement operator (as the case may be).

v. Before the expiry of the exit management period, the selected bidder shall deliver to RKCL or its nominated agencies all new or up-dated materials from the categories set out above and shall not retain any copies thereof, except that the selected bidder shall be permitted to retain one copy of such materials for archival purposes only.

4. Transfer of certain agreements i. 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 leaders, operators, or operator, and which are related to the services and reasonably necessary for carrying out of the replacement services by RKCL or its nominated agencies, or its replacement operator.

ii. Right of Access to Premises: At any time during the exit management period and for such period of time following termination or expiry of the SLA, where assets are located at the selected bidder’s premises, the selected bidder will be obliged to give reasonable rights of access to (or, in the case of assets located on a third party’s premises, procure reasonable rights of access to RKCL or its nominated agencies, and/ or any replacement operator in order to inventory the assets.

5. General Obligations of the selected bidder i. The selected bidder shall provide all such information as may reasonably be necessary to effect

as seamless during handover as practicable in the circumstances to RKCL or its nominated agencies or its replacement operator and which the operator has in its possession or control at any time during the exit management period.

ii. The selected bidder shall commit adequate resources to comply with its obligations under this Exit Management Clause.

6. Exit Management Plan i. The selected bidder shall provide RKCL or its nominated agencies with a recommended exit

management plan (“Exit Management Plan”) which shall deal with at least the following aspects of exit management in relation to the SLA as a whole and in relation to the Project Implementation, the Operation and Management SLA and SOWs.

ii. A detailed program of the transfer process that could be used in conjunction with a replacement operator including details of the means to be used to ensure continuing provision of the services throughout the transfer process or until the cessation of the services and of the management structure to be used during the transfer; and

iii. Plans for the communication with such of the selected bidder’s, staff, suppliers, customers and any related third party as are necessary to avoid any material detrimental impact on RKCL operations as a result of undertaking the transfer; and

iv. If applicable, proposed arrangements and Plans for provision of contingent support in terms of business continuance and hand holding during the transition period, to RKCL or its nominated agencies, and Replacement Operator for a reasonable period, so that the services provided continue and do not come to a halt.

v. The Bidder shall re-draft the Exit Management Plan annually after signing of contract to ensure that it is kept relevant and up to date.

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vi. Each Exit Management Plan shall be presented by the selected bidder to and approved by RKCL or its nominated agencies.

vii. In the event of termination or expiry of SLA, Project Implementation, Operation and Management SLA or SOWs each party shall comply with the Exit Management Plan.

viii. During the exit management period, the selected bidder shall use its best efforts to deliver the services.

ix. Payments during the Exit Management period shall be made in accordance with the Terms of Payment Clause.

x. It would be the responsibility of the selected bidder to support new operator during the transition period.

14) Non-Exclusivity of Rights RKCL reserves the right to allocate ITGKs anywhere within the state to any of the service providers. No exclusive rights are provided to any of the service providers operating in a particular area/location.

15) Procuring Entity (RKCL) reserves the right to change the terms and conditions mentioned in the EOI at any stage as per the project requirements.

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11. ANNEXURES

ANNEXURE-1: TENDER APPLICATION FORM/COVERING LETTER

(To be submitted on the Letter Head of the bidder) 1. Addressed to:

Name of Procuring Entity

Address

Telephone

Email

2. Service Provider Firm Details:

Name of Firm

Name of Contact Person with Designation

Registered Office Address

Address of the Firm

Year of Establishment

Type of Firm

Telephone numbers

Email ID

Website

Fax No.

Mobile Number

3. The Bid document fee amounting to Rs. 1000/- (Rupees One Thousand Only) has been deposited vide Cash

receipt no. / Bank Draft no. / Banker Cheque no. _______ dated ___________.

4. Following documents are attached towards the proof of Processing Fee deposited:

Processing Fee deposited through Number Dated

Cash Receipt

Demand Draft payable at Jaipur

Banker’s Cheque (Local only)

5. I/We, the undersigned bidder, having read & examined in detail, the Bid Document, the receipt of which is

hereby duly acknowledged, I/we, the undersigned, express our interest to offer services and work as

mentioned in the bid document & in conformity with the said bidding document for the same.

6. I/We hereby declare that our bid is made in good faith, without collusion or fraud and the information

contained in the bid is true and correct to the best of our knowledge and belief.

7. I/We undertake that, in competing for (and, if the award is made to us, in executing) the above contract,

we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of

Corruption Act, 1988”

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8. I/We understand that the Purchaser is not bound to accept the bid received in response to this bid

document.

9. In case I/we am/are engaged by the Purchaser, I/we shall provide any assistance/cooperation required by

Purchaser, appointed auditing agencies (if any), state government officials and other stakeholders of the

project for performing their duties with respect to this project. I/We understand that my/our non-

cooperation for the same shall be grounds for termination of service.

10. I/We, the undersigned bidder, agree to abide by all the terms and conditions mentioned in this form

issued by the Empanelment Authority and also the further conditions of the said notice given in the

attached sheets (all the pages of which have been signed by us in token of acceptance of the terms

mentioned therein along with stamp of the firm).

Date:

Place:

Seal/ Signature of Auth. Signatory

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ANNEXURE-2: BIDDER’S AUTHORIZATION CERTIFICATE

{To be filled by the bidder} To,

The Managing Director,

Rajasthan Knowledge Corporation Limited

7-A Jhalana Institutional Area, Behind RTO

Jaipur-302004 (Raj).

I/ We {Name/ Designation} hereby declare/ certify that {Name/ Designation} is hereby authorized to sign

relevant documents on behalf of the company/ firm in dealing with NIB reference No.

______________________ dated _________. He/ She is also authorized to attend meetings & submit

technical & commercial information/ clarifications as may be required by you in the course of processing the

Bid. For the purpose of validation, his/ her verified signatures are as under.

Thanking you,

Name of the Bidder: Verified Signature:

Authorised Signatory:

Seal of the Organization:

Date:

Place:

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ANNEXURE-3: SELF-DECLARATION

{To be filled by the bidder} To,

The Managing Director,

Rajasthan Knowledge Corporation Limited

7-A Jhalana Institutional Area, Behind RTO

Jaipur-302004 (Raj).

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 years

e) does not have any debarment/blacklisting by any State Government / Central Government / PSU /

Corporation / Company / Institution / Entity in last 3 years as on date of publishing of this bidding

document.

f) Have not been involved in publishing defamatory material against RKCL or have not worked against

reputation / business interest of RKCL at any point of time.

g) is not 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;

h) does not have, and our 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;

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

the fair competition.

j) 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/RKCL, my/ our security may be

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

Thanking you,

Name of the Bidder: -

Authorised Signatory: -

Seal of the Organization: -

Date: Place:

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ANNEXURE-4: CERTIFICATE OF CONFORMITY/ NO DEVIATION

{To be filled by the bidder} To,

The Managing Director,

Rajasthan Knowledge Corporation Limited

7-A Jhalana Institutional Area, Behind RTO

Jaipur-302004 (Raj).

CERTIFICATE

This is to certify that, the specifications of services and resources which I/ We have mentioned in the 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.

Thanking you,

Name of the Bidder: -

Authorised Signatory: -

Seal of the Organization: -

Date:

Place:

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ANNEXURE-5: PRE-BID QUERIES FORMAT

{To be filled by the bidder} Name of the Company/Firm: Bidding Document Fee Receipt No. ___________ Dated___________ for Rs. _____________/- Name of Person(s) Representing the Company/ Firm:

Name of Person Designation Email-ID(s) Tel. Nos. & Fax Nos.

Company/Firm Contacts:

Contact Person(s) Address for Correspondence

Email-ID(s) Tel. Nos. & Fax Nos.

Query / Clarification Sought:

S. No. EOI Page No.

EOI Rule No. Rule Details Query/ Suggestion/ Clarification

Note: - Queries must be strictly submitted only in the prescribed format (.XLS/ .XLSX/ .ODF). Queries not submitted in the prescribed format will not be considered/ responded at all by the procuring entity. Also, kindly attach the coloured scanned copy of the receipt towards the submission of the bidding/ tender document fee.

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ANNEXURE-6: BANK GUARANTEE FORMAT

{To be submitted by the bidder’s bank}

BANK GUARANTEE FORMAT – BID SECURITY

(To be stamped in accordance with Stamp Act and to be issued by a Nationalised/ Scheduled bank having its branch at Jaipur and payable at par at Jaipur, Rajasthan)

To, The Managing Director, Rajasthan Knowledge Corporation Limited 7-A Jhalana Institutional Area, Behind RTO Jaipur-302004 (Raj). Sir, 1. In accordance with your Notice Inviting Bid for <please specify the project title> vide NIB reference no.

<please specify> M/s. …………………………….. (Name & full address of the firm) (Hereinafter called the “Bidder”) hereby submits the Bank Guarantee to participate in the said procurement/ bidding process as mentioned in the bidding document. It is a condition in the bidding documents that the Bidder has to deposit Bid Security amounting to <Rs. ______________ (Rupees <in words>)> in respect to the NIB Ref. No. _______________ dated _________ issued by RKCL, 7-A, Jhalana Institutional Area, Jaipur, Rajasthan (hereinafter referred to as “RKCL”) by a Bank Guarantee from a Nationalised Bank/ Scheduled Commercial Bank having its branch at Jaipur irrevocable and operative till the bid validity date (i.e. 120 days from the date of submission of bid). It may be extended if required in concurrence with the bid validity. And whereas the Bidder desires to furnish a Bank Guarantee for a sum of <Rs. ______________ (Rupees <in words>)> to the RKCL as earnest money deposit.

2. Now, therefore, we the ……………………………….…… (Bank), a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act. 1969 (delete, if not applicable) and branch Office at…………………... (hereinafter referred to as the Guarantor) do hereby undertake and agree to pay forthwith on demand in writing by the RKCL of the said guaranteed amount without any demur, reservation or recourse.

3. We, the aforesaid bank, further agree that the RKCL shall be the sole judge of and as to whether the Bidder has committed any breach or breaches of any of the terms costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the RKCL on account thereof to the extent of the Earnest Money required to be deposited by the Bidder in respect of the said bidding document and the decision of the RKCL that the Bidder has committed such breach or breaches and as to the amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the RKCL shall be final and binding on us.

4. We, the said Bank further agree that the Guarantee herein contained shall remain in full force and effect until it is released by the RKCL and it is further declared that it shall not be necessary for the RKCL to proceed against the Bidder before proceeding against the Bank and the Guarantee herein contained shall be invoked against the Bank, notwithstanding any security which the RKCL may have obtained or

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shall be obtained from the Bidder at any time when proceedings are taken against the Bank for whatever amount that may be outstanding or unrealized under the Guarantee.

5. Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax, registered post or other electronic media to our address, as aforesaid and if sent by post, it shall be deemed to have been given to us after the expiry of 48 hours when the same has been posted.

6. If it is necessary to extend this guarantee on account of any reason whatsoever, we undertake to extend the period of this guarantee on the request of our constituent under intimation to you.

7. The right of the RKCL to recover the said amount of <Rs. ______________ (Rupees <in words>)> from us in manner aforesaid will not be precluded/ affected, even if, disputes have been raised by the said M/s. ……….………………(Bidder) and/ or dispute or disputes are pending before any court, authority, officer, tribunal, arbitrator(s) etc..

8. Notwithstanding anything stated above, our liability under this guarantee shall be restricted to <Rs. ______________ (Rupees <in words>)> and our guarantee shall remain in force till bid validity period i.e. 120 days from the last date of bid submission and unless a demand or claim under the guarantee is made on us in writing within three months after the Bid validity date, all your rights under the guarantee shall be forfeited and we shall be relieved and discharged from all liability thereunder.

9. This guarantee shall be governed by and construed in accordance with the Indian Laws and we hereby submit to the exclusive jurisdiction of courts of Justice in India for the purpose of any suit or action or other proceedings arising out of this guarantee or the subject matter hereof brought by you may not be enforced in or by such count.

10. We hereby confirm that we have the power/s to issue this Guarantee in your favor under the Memorandum and Articles of Association/ Constitution of our bank and the undersigned is/are the recipient of authority by express delegation of power/s and has/have full power/s to execute this guarantee under the Power of Attorney issued by the bank in your favour.

Date ………………… (Signature) ………………………………………. Place ………………… (Printed Name) …………………………………. (Designation) …………………………………… (Bank’s common seal) …………………………. In presence of: WITNESS (with full name, designation, address & official seal, if any) (1) ……………………………………… ……………………………………… (2) ……………………………………… ……………………………………… Bank Details Name & address of Bank: Name of contact person of Bank: Contact telephone number:

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GUIDELINES FOR SUBMISSION OF BANK GUARANTEE The Bank Guarantee shall fulfil the following conditions in the absence of which they cannot be considered valid: - 1. Bank Guarantee shall be executed on non- judicial stamp paper of applicable value purchased in the

name of the bank. 2. Two persons should sign as witnesses mentioning their full name, designation, address and office seal (if

any). 3. The Executor (Bank Authorities) may mention the power of attorney No. and date of execution in his/

her favour authorizing him/ her to sign the document. The Power of Attorney to be witnessed by two persons mentioning their full name and address.

4. The Bank Guarantee should be executed by a Nationalised Bank/ Scheduled Commercial Bank only. 5. Non – Judicial stamp paper shall be used within 6 months from the date of Purchase of the same. Bank

Guarantee executed on the non-judicial stamp paper after 6 (six) months of the purchase of such stamp paper shall be treated as non-valid.

6. The contents of Bank Guarantee shall be strictly as per format prescribed by RKCL 7. Each page of Bank Guarantee shall bear signature and seal of the Bank and B.G. number. 8. All corrections, deletions etc. in the Bank Guarantee should be authenticated by signature of Bank

Officials signing the Bank Guarantee. 9. Bank should separately send through registered post/courier a certified copy of Bank Guarantee,

mentioning Bid reference, Bid title and bidder name, directly to the Purchaser at the following address:

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BANK GUARANTEE FORMAT – PERFORMANCE SECURITY (PBG)

(To be stamped in accordance with Stamp Act and on a Stamp Paper purchased from Rajasthan State only and to be issued by a Nationalised/ Scheduled bank having its branch at Jaipur and payable at par at Jaipur,

Rajasthan)

To,

The Managing Director,

Rajasthan Knowledge Corporation Limited

7-A Jhalana Institutional Area, Behind RTO

Jaipur-302004 (Raj).

1. In consideration of the Rajasthan Knowledge Corporation Limited (hereinafter called "RKCL") having

agreed to exempt M/s ..........................(hereinafter called "the said Contractor(s)" from the demand,

under the terms and conditions of an Work Order No...................................dated .....................made

between the RKCL and .......................(Contractor) for the work ................. of Security Deposit for the due

fulfilment by the said Contractor (s) of the terms and conditions contained in the said work order, on

production of a Bank Guarantee for Rs...................(Rupees ........................................only), we

...................(indicate the name of the Bank), (hereinafter referred to as "the Bank") at the request of

..................Contractor(s) do hereby undertake to pay to the RKCL an amount not exceeding

Rs...................(Rupees..................................only) on demand.

2. We................. (Indicate the name of Bank), do hereby undertake to pay Rs....................

(Rupees............................only), the amounts due and payable under this guarantee without any demur or

delay, merely on a demand from the RKCL. Any such demand made on the bank by the RKCL shall be

conclusive as regards the amount due and payable by the Bank under this guarantee. The Bank

Guarantee shall be completely at the disposal of the RKCL and We....................... (Indicate the name of

Bank), bound ourselves with all directions given by RKCL regarding this Bank Guarantee. However, our

liability under this guarantee shall be restricted to an amount not exceeding Rs......................

(Rupees....................only).

3. We.......................(indicate the name of Bank), undertake to pay to the RKCL any money so demanded

notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending

before any Court or Tribunal or Arbitrator etc. relating thereto, our liability under these presents being

absolute, unequivocal and unconditional.

4. We.....................(indicate the name of Bank) further agree that the performance guarantee herein

contained shall remain in full force and effective up to <DATE> and that it shall continue to be

enforceable for above specified period till all the dues of RKCL under or by virtue of the said Agreement

have been fully paid and its claims satisfied or discharged or till the RKCL certifies that the terms and

conditions of the said Agreement have been fully and properly carried out by the said Contractor(s) and

accordingly discharges this guarantee.

5. We ...........................(indicate the name of Bank) further agree with the RKCL that the RKCL shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary

any of the terms and conditions of the said work order or to extend time of performance by the said

Contractor(s) from time to time or to postpone for any time or from time to time any of the powers

exercisable by the RKCL against the said Contractor(s) and to forbear or enforce any of the terms and

conditions relating to the said work order and we shall not be relieved from our liability by reason of any

such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or

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omission on the part of the RKCL or any indulgence by the RKCL to the said Contractor(s) or by any such

matter or thing whatsoever which would but for this provision, have effect of so relieving us.

6. The liability of............................. (indicate the name of Bank), under this guarantee will not be discharged

due to the change in the constitution of the Bank or the contractor(s).

7. We .............................. (indicate the name of Bank), lastly undertake not to revoke this guarantee except

with the previous consent of the RKCL in writing.

8. This performance Guarantee shall remain valid and in full effect, until it is decided to be discharged by

the RKCL. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to

Rs........................... (Rupees..............................only).

9. It shall not be necessary for the RKCL to proceed against the contractor before proceeding against the

Bank and the guarantee herein contained shall be enforceable against the Bank notwithstanding any

security which the RKCL may have obtained or obtain from the contractor.

10. We.............................. (Indicate the name of Bank) verify that we have a branch at Jaipur, Rajasthan. We

undertake that this Bank Guarantee shall be payable at any of its branch at Jaipur, Rajasthan. If the last

day of expiry of Bank Guarantee happens to be a holiday of the Bank, the Bank Guarantee shall expire on

the close of the next working day.

11. We hereby confirm that we have the power(s) to issue this guarantee in your favour under the

memorandum and articles of Association/ constitution of our bank and the undersigned is/ are the

recipient of authority by express delegation of power(s) and has/have full power(s) to execute this

guarantee for the power of attorney issued by the bank.

Dated..........................day of....................For and on behalf of the <Bank> (indicate the Bank)

Signature

(Name & Designation)

Bank's Seal

The above performance Guarantee is accepted by the RKCL

For and on behalf of the RKCL

Signature

(Name & Designation)

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ANNEXURE-7: BIDDER PROFILE-DECLARATION FORMAT To,

The Managing Director,

Rajasthan Knowledge Corporation Limited

7-A Jhalana Institutional Area, Behind RTO

Jaipur-302004 (Raj).

In response to the NIB Ref. No. _____________________________ dated ___________ for {Project Title}, as

a Owner/Director/Partner/Others of ____________________________________, hereby declare that

presently our Company/ firm _________________, at the time of bidding qualify the bidder profile as

mentioned in Pre-Qualification clause, details of which are mentioned below:-

S.N. Particulars (As on 31st March 2015) 2012-13 2013-14 2014-15

1 Number of ICT authorized learning centres managed in

providing services for delivery of basic IT skill development / IT

literacy / IT education & similar programs (with minimum

duration as 3 months or 120 hours)

2 Number of learners trained by bidder network of authorized

training centres for delivery of basic IT skill development / IT

literacy / IT education & similar programs (with minimum

duration as 3 months or 120 hours)

3 Number of years of experience in providing similar services

4 Experience of working in Rajasthan State with similar organisations and similar services

Center-wise details:

Center Name Center Address Contact

Number State

Course/

Program

Name*

Learner Count

2012-13 2013-14 2014-15

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Center Name Center Address Contact

Number State

Course/

Program

Name*

Learner Count

2012-13 2013-14 2014-15

*Kindly enclose details of the course mentioned like course duration in months and hours, course curriculum

etc.

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/RKCL, my/ our security may be

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

Thanking you,

Name of the Bidder: -

Authorised Signatory: -

Seal of the Organization: -

Date:

Place:

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ANNEXURE-8: NCR-PROCEDURE FOR SETTING UP OF AN ITGK

NCR Process Timelines:

NCR process shall be open throughout the year as per eligibility criterias mentioned below. Applicant Organisation may submit application along with required documents & applicable fees to any of empanelled service providers. Received applications shall be processed by RKCL on quarterly basis.

Application Fees:

The selected service provider shall submit NCR fees amount as mentioned below (subject to revision by RKCL from time to time) in form of DD to RKCL along-with application form and requisite documents for each Applicant Organization (AO) after complete validation of documents.

Fees RS-CIT Only*

Center Registration Fees Rs. 40,000/- (Including service tax)

Refundable Security Deposit Rs. 10,000/-

Processing Fees Rs. 1,000/- (Including Service Tax)

Total Rs. 51,000/-

*Registration charges for other courses if any shall be extra as applicable. *DD is to be drawn in favour of “RKCL”, payable at Jaipur

NCR Eligibility Criteria:

Legal Entity: Any (Proprietorship, Partnership, Society, Private Limited Company, Limited Company, NGO, LLP etc.)

Infrastructure Requirements: The suggested basic minimum infrastructure required for setting up an ITGK is as mentioned below:

Asset Type Specifications Minimum Criteria

Amenities at ITGK Location

Computer Lab With minimum 10 computers at District HQ and minimum 5 computers at all other locations

Theory/Lecture Room 20 seater at District HQ and 10 seater at all other locations

Reception/Counselling Area

Facilities

Server 2.0 GHz Processor (with 512Kb L2 Cache) or above or above

2GB RAM 80 GB Ultra SCSI-3 / SATA hard disk 10/100 Mbps Ethernet Card DVDROM Drive Windows 2003 Standard Server with

Service Pack 2 and CAL Licenses Anti-Virus

Quantity 1

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Asset Type Specifications Minimum Criteria

Computers (Clients) 1.3 GHz Processor (with 512Kb L2 Cache) or above

40 GB IDE / EIDE Hard disk 1GB RAM 10/100 BaseT PCI Ethernet Sound Card Keyboard and Mouse (Recommended

Brands: Logitech, Microsoft etc.) Two Headphones per desktop TFT/LED/LCD Monitor or above (Brand: LG,

Samsung etc.) Windows XP Professional with Service

Pack 2 Anti-Virus

Minimum 10 computers at District HQ and minimum 5 computers at all other locations

LAN 10/100 Mbps Network Switch (Server and all Desktops should be connected to this Network Switch) (Brand: D-Link, Linksys etc.) Electrical and LAN wiring should run perpendicular to each other. If they are parallel to each other, then a distance of 2 feet should be maintained between them to avoid interference

Peripherals Printer with minimum 600 dpi resolution Scanner with minimum 600 dpi resolution Headphone with Mic Webcam

1 each

Power Back up Adequate light arrangements must be there along with UPS or Inverter with Battery backup or Generator

Power back up to all computers

Internet Connectivity

500 kbps ISN/Lease line/Dial up/Cable/DSL connectivity for internet (Server and all Desktops should be able to connect to the Internet by using Internet Connection Sharing or Proxy Server)

500 kbps

Faculty Selection/ Qualification Qualification of Faculty should be:

A. Graduation from a recognized university, And

B. "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India.

Or Computer operator & Programming Assistant (COPA)/Data Preparation and Computer Software (DPCS) certificate organised under National/ State Council of Vocational Training Scheme.

Or Diploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government.

Or

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Diploma in Computer Science & Engineering from a polytechnic institution recognised by the Government

Or Rajasthan State Certificate Course in Information Technology (RS-CIT) conducted by Vardhman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited,"

NCR Application Process

1) AO will view all the information published on RKCL website www.rkcl.in before submitting application to the service provider to ensure compliance to eligibility criteria & application process.

2) Applicant organization (AO) has to submit 2 copies of Application Form (available on RKCL website) duly filled and signed along with the applicable fees to any of the Service Providers (as enlisted on RKCL website).

3) Service Provider will validate eligibility criteria at its level and hand over physical applications to RKCL (separate file for each application) and upload AO details (along with infrastructure details) online through RKCL’s portal.

4) RKCL will check documents of all applications received at RKCL office. Incomplete applications if any will be rejected. Applicant organisation (or individual) should not have been blacklisted / debarred by any State Government / Central Government / PSU / Corporation / Company / Institution / Procuring Entity in last 3 years including year of bidding.

5) Proposed site/location will be inspected by officials nominated by RKCL 6) Final Approval will be at discretion of RKCL based on various parameters like:

Population of the proposed area/location

Business potential of the area/location

Any other parameters as specified by RKCL 7) If the application is rejected by RKCL, Application Fee amount excluding processing fee of

Rs. 1000/- shall be refunded in the account number as given by AO in the application. 8) Approved ITGKs will enter into an Agreement with service providers as per the format

specified by RKCL

RKCL reserves the right- a) To modify the terms and conditions of the New Centre Registration (NCR) Process at any

time;

b) Of granting and/or rejecting authorization to any applicant/s, without assigning any

reason/s whatsoever to anyone.

NCR Document Checklist

Phase I-

Application Form duly filled & signed

Demand Draft in favour of RKCL payable at Jaipur

Photographs of proposed Center location

Latest paid Electricity bill copy of the proposed location

Passport size Photographs and Identity card (having address proof) of Proprietor/All

Partners/All Directors including MD/All members of executive body (Photographs to be

affixed on last page)

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PAN Card (Tick whichever is applicable)

Proprietorship - Individual Applicants PAN Card

Partnership – Firm’s PAN Card

Trust – Trust’s PAN Card

Society – Society’s PAN Card

Cooperative Society – Cooperative Society PAN Card

Public & Private Ltd. Co. – Public & Private Ltd. Co. PAN Card

Others-Others PAN Card

Phase II-At the time of Site Inspection after Provisional Approval

Property documents with latest paid Electricity Bill copy for the proposed location (if

owned)

Rent Agreement with latest paid Electricity Bill copy for the proposed location (if rented)

PAN Card copy (as mentioned in Phase I)

Governing Document for firm (Tick whichever is applicable)

For Proprietorship: Rajasthan Shops & Establishment Act or Bank Certificate

For Partnership: Rajasthan Shops & Establishment Act & Partnership Deed or Bank

Certificate

For Trust: Registration Certificate & Trust Deed & List of Executive body

For Society: Registration Certificate and Rules & Regulations & List of executive body

For Cooperative Society: Registration Certificate and Rules & Regulations & List of

executive body

For Public & Private Ltd. Co.: Certificate of Incorporation and Memorandum & Article

of Association & List of all Directors including Managing Director

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ANNEXURE-9: NCR APPLICATION FORM

Applicant Organization (AO) Details

Name of Service Provider

Course for which applying

Name of AO

Type of AO Proprietorship/Partnership/Company/Society/Trust: If Other please specify:

Name of Head of AO Mobile

Designation E-mail ID

Address of AO (Proposed Centre Address)

Landmark Village/Mohalla

Police Station Panchayat Samiti

Tehsil District

Pin Code Landline No.

Photos of the proposed location attached

Front (Yes/No) Internal (Yes/No)

Status Rented/Owned

No. of Years of Operation (If already in same business)

Area (Sq. Ft.)

RKCL’s Nearest Authorized IT-Gyan Kendra

1. 2. 3.

Distance from proposed AO location

1. 2. 3.

Whether AO has been RKCL’s Authorized ITGK in past?

Yes/No ITGK Code & Year of operation

Details of Bank Account for Refund (if application is rejected)

A/C Name Bank

A/C Number IFSC Code

We, Applicant Organization (AO) understand and agree that: 1. I have read all terms and conditions of New Center Registration 2015 process available on RKCL website

and shall abide by the various Rules, Regulations, Code of Conduct, Guidelines, Communications, Norms

issued and specified by RKCL.

2. I have been informed that the Registration fee for IT Gyan Kendra is Rs. 40000/- (Including All Taxes) for RS-

CIT and Rs. 50,000/- (Including All Taxes) for RS-CIT + RS-CFA, refundable deposit is Rs. 10000/- and

processing fee is Rs. 1000/- (including all taxes)

3. I have been well informed that RKCL reserves the right to reject my application without assigning any

reason:

(a) If all the information produced by me in this application is found to be true and my application is

rejected by RKCL, the processing fee of Rs. 1000/- will not be refunded and balance as the case may be

shall be refunded in the account number as given by me in this application.

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(b) If it is found at any stage that any kind of wrong information has been submitted by me in this

application form, RKCL shall have the right to reject my application and forfeit Rs. 6000/- (including

processing fee of Rs. 1000/-) and refund remaining amount as the case may be in the account number

as given by me in this application.

(c) If I withdraw my application within 3 days of eligible AO list publishing by RKCL on website, Rs. 50,000/-

shall be refunded by RKCL in the account number as given by me in this application.

4. I hereby declare that I have deposited my filled application form to my selected Service Provider M/s

………………………………………… I further declare that I have not deposited any other application for the same

address to any other Service Provider. If duplicate applications are found for the same location, RKCL

reserves the right to cancel all the submitted applications. I further declare that I have not paid any other

amount to the Service Provider or his representative.

5. I have gone through the various infrastructure & computing facility requirements put up on the official

website of RKCL i.e. “rkcl.in” for the new ITGK’s. I hereby undertake to fulfil the same at the time of final

inspection.

6. I have been well informed that ITGK shall be authorized for one year initially and further renewal will

subject to fulfilment of Service Level Agreements as mentioned in agreement with service provider. I

further understand that renewal fees (if any) as decided by RKCL from time to time shall be payable by me.

7. I will not sublet my ITGK to any other person/organization.

8. This paper application is just a part of the sign up process. Online updation of the application & updation of

various other information regarding the center after provisional approval by RKCL is also part & parcel of

the application process. I shall upload the same as per the guidelines provided to me by the respective

Service Provider well within time. Non completion of online process before the deadline may result in

cancellation of my application.

9. Requirement of PAN card & bank account in the firm name (in proprietor name for proprietorship firm) is

must. I shall comply with this requirement at the time of online registration process.

10. I will not carry out any marketing activities of any of the RKCL courses before final approval by RKCL and

centre code allotment.

11. I hereby declare that there is no police complaint or criminal cases registered or pending against me or

any of my firms (where I am / were associated with in any manner).

12. The location of the proposed Centre shall be fixed only in the specific Ward as selected by us and the

selected location shall not be changed by us anytime during, and subsequent to the 'New Center

Registration Process,

RKCL reserves the right 13. To modify the terms and conditions of the Network Partner Registration Process at any time;

14. To discontinue/postpone the Network Partner Registration Process at any time (or any part thereof);

15. Of granting and/or rejecting authorization to any applicant/s, without assigning any reason/s whatsoever

to anyone.

16. In case we are granted authorization-

a) We are responsible for maintaining the confidentiality of the password and login account given by RKCL

and fully responsible for all activities that occur there under:

b) We shall abide by the various Rules, Regulations, Code of Conduct, Guidelines, Communications,

Norms issued and specified by RKCL from time to time.

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17. In case of disputes or differences, if any, prior and/or subsequent to authorization (if granted), decision of

MD RKCL shall be final.

Documents Checklist: Phase I-Along with Application Form

Demand Draft of Rs. 51,000/61,000 as the case may be in favour of RKCL payable at Jaipur

Photographs of proposed centre location

Latest paid Electricity bill copy of the proposed location

Passport size Photographs and Identity card (having address proof) of Proprietor/All Partners/All

Directors including MD/All members of executive body (Photographs to be affixed on last page)

PAN Card (Tick whichever is applicable)

Proprietorship - Individual Applicants PAN Card

Partnership – Firm’s PAN Card

Trust – Trust’s PAN Card

Society – Society’s PAN Card

Cooperative Society – Cooperative Society PAN Card

Public & Private Ltd. Co. – Public & Private Ltd. Co. PAN Card

Others – Others PAN Card

Phase II-At the time of Site Inspection after Provisional Approval

Property documents with latest paid Electricity Bill copy for the proposed location (if owned)

Rent Agreement with latest paid Electricity Bill copy for the proposed location (if rented)

PAN Card copy (as mentioned in Phase I)

Governing Document for firm (Tick whichever is applicable) For Proprietorship: Rajasthan Shops & Establishment Act or Bank Certificate

For Partnership: Rajasthan Shops & Establishment Act & Partnership Deed or Bank Certificate

For Trust: Registration Certificate & Trust Deed & List of Executive body

For Society: Registration Certificate and Rules & Regulations & List of executive body

For Cooperative Society: Registration Certificate and Rules & Regulations & List of executive body

For Public & Private Ltd. Co.: Certificate of Incorporation and Memorandum & Article of

Association & List of all Directors including Managing Director

Date Place Seal & Signature of Applicant Organization

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Please affix passport size photographs at space given below:

Name: ____________________ Name: _____________________ Name: ___________________

Designation: _______________ Designation: ________________ Designation: _______________

Signature: _________________ Signature: __________________ Signature: ________________

Name: ____________________ Name: _____________________ Name: ___________________

Designation: _______________ Designation: ________________ Designation: _______________

Signature: _________________ Signature: __________________ Signature: ________________

To be filled by Service Provider (For Office use only)

AO Location Type: District HQ Tehsil HQ Rural Market DD Details: DD Date- ___________________ Bank Name: ___________________________ DD Number- _______________ MICR No._______________________________________ DD Amount- _______________

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ANNEXURE-10: DRAFT AGREEMENT BETWEEN RKCL AND SERVICE PROVIDER This Contract is made and entered into on this _____ day of _________, 2016 by and between Rajasthan

Knowledge Corporation Limited, having its head office at 7-A Jhalana Institutional Area, behind RTO, Jaipur-

302004, Rajasthan (herein after referred to as Procuring Entity/RKCL) which term or expression, unless

excluded by or repugnant to the subject or context, shall include his successors in office and assignees on

ONE PART

And

M/s _______________________________________, a company/firm registered under

___________________ with its registered office at __________________________ (herein after referred as

the “Empanelled Service Provider”) which term or expression, unless excluded by or repugnant to the subject

or context, shall include his successors in office and assignees on the OTHER PART.

Whereas,

Procuring Entity is desirous of appointing an agency for “Empanelment as Service Providers to set-up and manage RKCL’s authorized ITGKs in the state of Rajasthan” as per the Scope of Work and Terms and Conditions as set forth in the EOI document dated _______________ of NIB No ____________

And whereas

The Empanelled Service Provider represents that it has the necessary experience for carrying out the overall

work as referred to herein and has submitted a bid and subsequent clarifications for providing the required

services against said NIB and EOI document issued in this regard, in accordance with the terms and conditions

set forth herein and any other reasonable requirements of the Procuring Entity from time to time.

And whereas

Procuring Entity has accepted the bid of Empanelled Service Provider and has placed the Work Order vide

Letter No. _______________ dated _______________, on which M/s ______________________ has given

their acceptance vide their Letter No._____________ dated ___________

And whereas

The Empanelled Service Provider has deposited a sum of Rs. ____________________/- (Rupees

_____________________________________) in the form of Bank Guarantee ref no. _________________

dated _____________ of ____________ Bank and valid up to _____________ as security deposit for the due

performance of the contract.

Now it is hereby agreed to by and between both the parties as under: -

1. The NIB Ref. No. ________________ dated ______________ and EOI document dated

_________________ and corrigendum issued by RKCL along with its enclosures/ annexures, wherever

applicable, are deemed to be taken as part of this contract and are binding on both the parties executing

this contract.

2. In consideration of the payment to be made by RKCL to Empanelled Service Provider at the rates set forth

in the work order no. _________________ dated _______________ will duly supply the said

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articles/services set forth thereof and provide related services in the manner set forth in the EOI, along

with its enclosures/annexures and Bid along with subsequent clarifications and corrigendum submitted

by Empanelled Service Provider.

3. The RKCL do hereby agree that if Empanelled Service Provider shall duly supply the said articles and

provide related services in the manner aforesaid observe and keep the said terms and conditions of the

EOI and Contract, the RKCL will pay or cause to be paid to Empanelled Service Provider, at the time and

the manner set forth in the said conditions of the EOI, the amount payable for each and every project

milestone & deliverable. The mode of Payment will be as specified in the EOI document.

4. The timelines for the prescribed Scope of Work, requirement of services and deployment of technical

resources shall be effected from ___________________ and completed by Empanelled Service Provider

within the period as specified in the EOI document.

5. In case of non-performance of Empanelled Service Provider, penalties will be governed by Service Level

Agreements mentioned in EOI document.

6. All disputes arising out of this agreement and all questions relating to the interpretation of this

agreement shall be decided as per the procedure mentioned in the EOI document.

In witness whereof the parties have caused this contract to be executed by their Authorized Signatories on this ____ day of ___________, 2016

Signed By: Signed By:

Designation: Company/Firm:

Managing Director Rajasthan Knowledge Corporation Limited

In the presence of:

In the presence of:

Designation: Company/Firm:

Designation: Rajasthan Knowledge Corporation Limited

Designation: Company/Firm:

Designation: Rajasthan Knowledge Corporation Limited