directorate of economics and statistics · 8.7 bid security form for emd ... authorisation letter...

Directorate of Economics and Statistics Planning Department, Government of Maharashtra

Bid Document

for

Maintenance and enhancement of existing

computerised systems and applications

Tender Notification No. DES/EDP/SP/01/14-15

Issued By

The Director

Directorate of Economics & Statistics

Administrative Bldg., 8th floor, Govt. Colony,

Bandra (E), Mumbai 400 051

Ph No. 022-26400053 / 26400178

Fax No. 022-26559492

E-Mail: [email protected]

http://mahades.maharashtra.gov.in/homePage.do?actionPage=1

Bid Document for maintenance and enhancement of existing computerised systems and applications

Issued by Directorate of Economic & Statistics of 79

Table of Contents

1) Glossary ............................................................................................................................................. 5

2) Invitation for Proposal ...................................................................................................................... 6

2.1 Tender Notice ............................................................................................................................................. 6 2.2 Important Information .............................................................................................................................. 6

3) Introduction ...................................................................................................................................... 8

3.1 Introduction of Department ...................................................................................................................... 8 3.2 Project Background .................................................................................................................................... 8 3.3 Current architecture ................................................................................................................................... 8 3.4 Overview of the present applications ........................................................................................................ 9 3.5 Project Objective ........................................................................................................................................ 12 3.6 Licenses purchased by DES ...................................................................................................................... 13

4) Scope of Work ................................................................................................................................. 14

4.1 Services....................................................................................................................................................... 14 4.2 Service Management Procedures & Practices .......................................................................................... 17 4.3 Milestones ................................................................................................................................................. 20 4.4 Resource Requirements ........................................................................................................................... 20

5) Pre-Qualification Criteria ............................................................................................................... 24

6) Instructions to Bidder ..................................................................................................................... 26

6.1 Purpose of Bid Document ........................................................................................................................ 26 6.2 Cost of Bid Document............................................................................................................................... 26 6.3 Completeness of Bid Document ............................................................................................................... 26 6.4 Proposal Preparation Cost ....................................................................................................................... 26 6.5 Bid Cover Letters ...................................................................................................................................... 26 6.6 Power of Attorney ..................................................................................................................................... 26 6.7 Pre-Bid Meeting ........................................................................................................................................ 26 6.8 Amendments to Bid Document ................................................................................................................ 27 6.9 Rights to Terminate the Process ............................................................................................................... 27 6.10 Site Visit ..................................................................................................................................................... 27 6.11 Language of Bids ....................................................................................................................................... 27 6.12 Bid Submission Format ............................................................................................................................ 28 6.13 Documents Comprising of Bids ............................................................................................................... 28 6.14 Earnest Money Deposit (EMD) and Refund ........................................................................................... 28 6.15 Submissions of Bids.................................................................................................................................. 29 6.16 Evaluation Process ................................................................................................................................... 30 6.17 Opening of Bid .......................................................................................................................................... 30 6.18 Evaluation of Technical Bids ................................................................................................................... 30 6.19 Period of Validity of Bids ......................................................................................................................... 32 6.20 Clarification of Bids .................................................................................................................................. 33 6.21 Non-Material Non-Conformities ............................................................................................................. 33 6.22 Opening of Commercial Bid ..................................................................................................................... 33 6.23 Evaluation of Commercial Bids and Award Criteria .............................................................................. 34 6.24 Payment Terms ......................................................................................................................................... 34 6.25 Indemnity .................................................................................................................................................. 34 6.26 Force Majeure ........................................................................................................................................... 35 6.27 Termination of contract ........................................................................................................................... 35 6.28 Rights to Accept/Reject any or all Proposals .......................................................................................... 36



6.29 Fraud and Corruption .............................................................................................................................. 36 6.30 Notifications of Award and Signing of Contract ..................................................................................... 36 6.31 Performance Bank Guarantee ................................................................................................................... 37 6.32 Signing of the Contract .............................................................................................................................. 37 6.33 Stamp Duty ................................................................................................................................................ 37

7) Service Level Agreement ................................................................................................................. 38

7.1 User Support and Problem Correction .................................................................................................... 38 7.2 Application Enhancement / Process and Application Improvement .................................................... 40 7.3 Resource deployment / replacement ....................................................................................................... 40 7.4 Penalties .................................................................................................................................................... 40 7.5 Appendix A- Application Functions ......................................................................................................... 41

8) Annexure I: Pre-Qualification Proposal Format ............................................................................ 42

8.1 Bid Cover Letter ........................................................................................................................................ 42 8.2 Check-list for the documents to be included in the Pre-Qualification Envelope .................................. 43 8.3 Format to share Bidder’s Particulars ....................................................................................................... 44 8.4 Format to share Bidder details ................................................................................................................ 45 8.5 Format for Declaration by the bidder for not being Blacklisted / Debarred ........................................ 46 8.6 Format for Statement of Deviation from the Bid Document Requirements ..........................................47 8.7 Bid Security Form for EMD ..................................................................................................................... 48 8.8 Performance Bank Guarantee Format .................................................................................................... 49

9) Annexure II: Instructions and Technical Proposal Formats ........................................................... 51

9.1 General Instructions on Preparation of the Technical Proposal ............................................................ 51 9.2 Format to share SAS and Java Experience ............................................................................................. 52 9.3 Details of Manpower Resources proposed .............................................................................................. 53

10) Annexure III: Commercial Proposal Formats ................................................................................ 55

10.1 Commercial Proposal Cover Letter........................................................................................................... 55 10.2 Commercial Proposal Format & Instructions (Annexure) ...................................................................... 57

11) Annexure IV: Draft Contract Agreement ........................................................................................ 59

11.1 Definitions, Interpretations and Other Terms ........................................................................................ 60 11.2 Interpretations ........................................................................................................................................... 61 11.3 Term of the Contract Agreement ............................................................................................................. 62 11.4 Payment Terms ......................................................................................................................................... 62 11.5 Service Level Agreement .......................................................................................................................... 63 11.6 Professional Project Management ........................................................................................................... 63 11.7 Communications ....................................................................................................................................... 63 11.8 Use & Acquisition of Assets during the term .......................................................................................... 64 11.9 Security and safety .................................................................................................................................... 64 11.10 Indemnity .................................................................................................................................................. 65 11.11 Third Party Claims.................................................................................................................................... 65 11.12 Warranties ................................................................................................................................................ 66 11.13 Force Majeure ........................................................................................................................................... 66 11.14 Resolution of Disputes ..............................................................................................................................67 11.15 Risk Purchase Clause.................................................................................................................................67 11.16 Limitation of Liability towards DES .........................................................................................................67 11.17 Conflict of Interest .....................................................................................................................................67 11.18 Data Ownership .........................................................................................................................................67 11.19 Publicity .................................................................................................................................................... 68 11.20 Fraud and Corruption .............................................................................................................................. 68 11.21 Exit Management ..................................................................................................................................... 68 11.22 Termination of contract ........................................................................................................................... 70



11.23 Miscellaneous ........................................................................................................................................... 70 11.24 Applicable Law ........................................................................................................................................... 73 11.25 Particular conditions ................................................................................................................................. 73 11.26 Stamp Duty Payment .................................................................................................................................74

11) Annexure V: Draft Non-Disclosure Agreement .............................................................................. 76

12) Annexure VI: Authorisation letter for attending pre-bid meeting / bid opening .......................... 79



1) Glossary

Terms Meaning

DES Directorate of Economics and Statistics

EDP Electronic Data Processing

GoM Government of Maharashtra

BoM Bill of Material

EMD Earnest Money Deposit

RFP Request for Proposal

IT Information Technology

BG Bank Guarantee

PBG Performance Bank Guarantee

DD Demand Draft

DEO Data Entry Operator

NDA Non-Disclosure Agreement

LOI Letter of Intent

SLA Service Level Agreement

PC Personal Computer

BSF Bid Security Form

BI Business Intelligence

EC Evaluation Committee

TSP Turn-key Solution Provider



2) Invitation for Proposal

2.1 Tender Notice

Tender Notice

Directorate of Economics & Statistics Planning Department

Government of Maharashtra, Mumbai

The Directorate of Economics & Statistics invites sealed tender offers for “Maintenance and

enhancement of existing computerised systems and applications”. The tender document is

available on Website http://mahatenders.gov.in for download (Tender Reference:

DES/EDP/SP/01/14-15). Last date of submission of the tender is 10th October 2014.

Dated: 7th September, 2014

Toll Free -180030702232

-Sd-

Director


Govt. of Maharashtra, Mumbai

Bidder agencies are advised to study this Tender document carefully before submitting their proposals in

response to the Tender Notice. Submission of a proposal in response to this notice shall be deemed to have been

done after careful study and examination of this document (and clarification / corrigendum issued

subsequently, if any) with full understanding of its terms, conditions and implications.

This Tender document is not transferable.

2.2 Important Information

# Information Details

1. Project Name Maintenance and enhancement of existing computerised

systems and applications

2. Bid document reference No DES/EDP/SP/01/14-15

3. Tender Fee INR 7,000/- (Rupees Seven thousand Only)

4. Earnest Money Deposit INR 1,00,000 (Rupees One Lakh Only)

5. Bid Validity Period 180 Days from the Date of Opening the Bid

6. Performance Bank Guarantee 10 % of the Contract Value

7. Performance Security Validity Period 6 months after expiration of all the Contractual

Obligations

8. Availability of Tender Document 07/09/2014 from 10.00 Hrs

9. Last date for submission of written

queries for clarifications Up to 22/09/2014, till 17.00 Hrs

10. Date & Time of pre-bid meeting

On 25/09/2014 at 15.00 Hrs

Venue Details,




http://mahatenders.gov.in/



# Information Details

11. Last date (deadline) for uploading the

bid on e-Tendering website

Up to 10/10/2014, till 17.00 Hrs

12.

Submission of hard copies of uploaded

Bid in sealed envelope

(Prequalification & Technical)

Up to 10/10/2014 Up to 17.00 Hrs

13.

Place, Time and Date of online opening

of Pre-Qualification proposals received

in response to the RFP notice

On 13/10/2014 at 12.30 Hrs

Venue Details,




14.

Place, Time and Date of opening of

Technical proposals received in

response to the RFP notice

To be Informed Later

15. Presentation / demo on technical

solution by bidders To be Informed Later

16.

Place, Time and Date of opening of

Financial proposals received in

response to the RFP notice

To be Informed Later

17. Contact Person for queries Shri. B N Sabnis

Deputy Director, Directorate of Economics & Statistics

18.

Addressee and Address for the EMD &

Tender Fees are to be submitted

Addressee for the EMD :

The Accounts Officer

Address for the EMD:




19. Email ID, Phone No, Fax:

Email Id: [email protected]

Phone No: 022-22797018/19

Fax: 022-22844122

20. Submission Type Open, eTendering system



3) Introduction

3.1 Introduction of Department

The Directorate of Economics and Statistics (DES) is functioning as a principal Statistical Organization of

Government of Maharashtra, which is administratively under control of the Planning Department, GoM

Mantralaya.

The main functions of the Directorate are to collect official statistics, to collect data through surveys, censuses

and type studies on such matters for which official statistics are inadequate; to analyze the data so collected; to

undertake evaluation of important programmes; to bring out statistical publications regularly; to impart

training to statistical personnel; to co-ordinate the work of statistical sections in different departments of the

State Government and give them technical guidance and to give advice to the State Government on economic

and statistical matters. As the principal statistical office of the State, the Directorate has to act as liaison

between the State Government and the Central Government on all statistical matters. The processing and

dissemination of statistical information collected by this Directorate and other departments of the Government

is done at Electronic Data Processing Section of this Directorate.

3.2 Project Background

In 2006, through an open tender, M/s Blue Star Infotech Ltd. (BSIL) was appointed as a turn-key solution

provider (TSP) by DES. With assistance from BSIL, Electronic Data Processing (EDP) unit of DES have

developed applications to suit various requirements of their own as well as Planning Department, GoM. This

system / applications are hosted recently at State Data Centre (SDC), Mantralaya and has following

applications,

1. Generic Application to capture the data

a. National Sample Survey (NSS)

b. Annual Survey of Industries (ASI)

c. Consumer Price Index (CPI)

d. Economic Census

2. Maharashtra Plan Scheme Information Management System (MP-SIMS)

3. State Data Bank (SDB)

All these modules were implemented on HP Dell server (operating system-RHEL 6) along with Web server -

Dell Power-edge 2960 (operating system-Linux 5) and are hosting above mentioned modules (apart from SDB)

with access to more than 4o locations via Internet. Approximately 300 users are using this system to carry out

different functions of their department. The platform used is Oracle Database server 11g R2 with JBOSS

whereas Web-server has been working on Tomcat server 7X with Oracle XL technology.

State Data Bank (SDB) has been hosted on Dell Power-edge 2950 server with operating system RHEL 4.5 &

Oracle database 10g R2. Also, DES has separate Dell server with operating system RHEL 6 wherein SAS 9.3 is

hosted.

The data from the field is been captured through a generic application developed in Java (web based) & for the

backend, Oracle 11g is being used. For reporting, tabulation & analysis of the data, SAS tools are being used by

the Directorate. In the year 2007, limited no. of licenses (5 nos.) were procured for the EDP centre as there was

no connectivity between Head office of DES located at Bandra & EDP centre located at Mantralaya, Nariman

Point. Consequently, the use of SAS tools has been restricted to the officials of the EDP centre only. Further,

SAS licenses (5 nos.) are also inadequate to meet the growing demand of the data analysis. In view of this, the

directorate desires to upgrade SAS tools.

Currently, above mentioned systems have been maintained & supported by Blue Star Infotech Ltd. Overview of

system is given in next section.

3.3 Current architecture

Architecture for the current systems & applications which are hosted at State Data Centre (SDC), Government of

Maharashtra is broadly given below,



3.4 Overview of the present applications

3.4.1 Generic Application to capture data

The DES collects various data on socio-economic aspects through various surveys regularly (like National

Sample Survey and Annual Survey of Industry). The DES canvases schedules and schedules are filled on hard

copies. For processing of large data so collected, a centralised web based application has been developed with

following features,

i) Graphical user interface to design Survey/census structure

ii) Design the Survey Validations

iii) Survey testing and approval

iv) Change Survey design/validation rules and publish it as patch

The data is collected using this Java based general application with Oracle as back end and later, data is

analysed using SAS.

A brief account of Surveys conducted by DES is given below,

a) National Sample Survey (NSS) – Under the NSS programs, surveys are conducted at state level on socio-

economic subjects through various rounds every year. The information is collected through questionnaires

called as Schedules. These schedules contain large number of attributes (approx. 500) upon which data is

collected. This data is then recorded / entered in a Web based application at regional / district level &

processed at EDP centre over which online & batch validations are carried out for processing of data.

b) Annual Survey of Industries (ASI) – Under this program, data on various attributes such as raw material,

working capital, manpower, and other input items pertaining to registered factories in the State are

collected & processed at State level.

c) Consumer Price Index (CPI) – This survey collects the commodity (Consumer Items) process for each

centre for urban & rural areas separately from a pre-defined list of centers on weekly basis. The current

week’s data is compared with the previous week’s data & if there is any variation of over 5%, the reason is

recorded. The data is entered in web based survey by District/Regional offices, processed at EDP by

applying statistical procedures and index is prepared & published every month. DES intends to launch

separate application for this purpose.



d) Economic Census (EC) – Economic Census is the complete count of all entrepreneurial units located within

the geographical boundaries of the country. All units engaged in the production or distribution of goods or

services other than for the sole purpose of own consumption will be recorded. Summary will be generated

on detailed data shared by District/Regional offices through web based Application. It is proposed to carry

out detailed analysis of data once valid data is received from GoI.

3.4.2 Maharashtra Plan Scheme Information Management System (MPSIMS)

Using IT infrastructure of DES, as per directives of Planning Department, the EDP centre of DES has

computerised planning process and developed “Maharashtra Plan scheme Information Management System”

(MP-SIMS). MP-SIMS software is a web enabled centralized planning tool used by various state level

departments and District Planning Committees (DPC), Project Officers of Tribal Department and District Social

Welfare Officers leading to consolidation of state plan through interactive workflow. MP-SIMS enables Planning

Department to capture demand of funds from various departments, allocation of funds to the departments as

per availability of resources (funds). The funds (outlays) are given to the departments and are further

distributed at scheme and work level. Plan funds so made available to the departments are broadly used for

following purposes:

i) Creation of infrastructure like roads, dams, hospitals, schools, etc.

ii) Providing benefits to various categories of citizens e.g. backward community, senior citizens, disabled,

handicaps etc.

MP-SIMS project is web-based, and hence it is available 24/7 to all departments/districts. The stake holders of

MP-SIMS are mostly government departments and district level offices. Sufficient training has been imparted

for the usage of MP-SIMS. The home page of MP-SIMS is dynamic and available to the public at large.

Functionality aspects of MP-SIMS

Profile Creation

For easy evaluation of individual schemes, various departments can use MP-SIMS to create a profile for their

proposed schemes. Each profile consists of,

Scheme information – Plan type, sector, subsector, description, nature of scheme, implementing agency,

coverage area, GR details.

Component of expenditure – CRC (Cross Reference Code), source of funding, object code (objects of

expenditure).

Expected physical output vis-à-vis financial inputs – Target and units of measurement.

Impact of the scheme on – Education, Health, Income generation, women & child.

Upload relevant Government Resolution.

Outlay Demand, Assessment and Allocation

MP-SIMS helps all the Departments to demand funds prioritizing the schemes that have been identified for the

plan year under consideration. The demand of funds is required to be raised under different types of statements

as follows,

GN2 – Financial details of all the funds

GN3 – Physical targets

GN4 – Financial details of centrally sponsored / assisted schemes

GN5 – Financial details of externally aided projects

GN6 – Financial details of projects supported/ aided by domestic financial institutes

Boardwise – Statutory development board wise distribution of outlay

Naxal – Outlay proposed for development of naxal affected area

PPP & PSU – Projects to be undertaken through public private partnership and by PSU’s

District Plan

MP-SIMS facilitates consolidation and integration of all plan schemes in the district including General Plan,

Special Component Sub Plan, Tribal Sub Plan and Other Tribal Sub Plan schemes and generates a consolidated

District Plan.



Integration with Budget Estimation, Allocation & Monitoring System (BEAMS)

MP-SIMS is integrated with BEAMS for generating various reports required for financial monitoring.

Report Generation

MP-SIMS enables to prepare category wise reports by selecting sector, sub-sector, scheme level, department,

plan type, and source of fund.

The categories consist of reports like GN2, GN3, GN4, GN5, GN6, PPP, Boardwise, Naxal, Women & child,

HDI etc.

Reports stimulate the planner to think in a systematic manner aligned to the planning process of the state,

rather than being constrained by their isolated department.

Sector, Subsector wise summary reports.

Set of Plan Document of the State as per directives of the Planning Commission.

Dynamic home page for viewing & generating exceptional reports

Roadmap for MP-SIMS

MP-SIMS application software framework is constantly evolving with the aim of providing a comprehensive

decision support framework where variety of stakeholders from all layers of government could participate and

collaborate in online planning process leading to generation of their own plan and integrated District & State

Plan.

Future activities

a) Development of a generic system of work monitoring and accounts software which can be used by the

departments of the State of Maharashtra which are engaged in various construction activities e.g. PWD,

Water Resources Department, RDD, etc. The idea is to promote a common system that can be

implemented across the departments and the state.

b) Through the usage of GIS tools, works undertaken can be shown on GIS based maps to the users. This

will also ensure more effective monitoring of the progress of works, and also of the expenditure

involved.

c) Monitoring of individual beneficiary schemes.

3.4.3 State Data bank (SDB)

As per the directions of State Government, DES has successfully launched State Data Bank using the

current IT infrastructure available with DES. The objectives of the Data bank are:

State Data Bank as a Decision Support System

The primary objective of State Data Bank is to serve as a Decision Support System and facilitate in policy

decision making. The policy decisions would be based on actual facts and statistical data available from

State Data Bank.

For example, in order to sanction opening of a school in particular area information that would be need

would be number of existing schools in that area with their previous enrollment details, number of

children in 0-6 year age group and other such information relating to population and demography. If all

this information is available at single point if would facilitate sound decision making.

Consolidation of relevant data from all departments

Departments often exchange information in the form of report. This happens on a fairly regular basis.

This happens generally in the form of a formal letter requesting for certain report. State Data Bank aims

to consolidate such regularly exchanged reports at a single place which would eliminate communication

delays.

To create modules for capturing / accessing data from concerned departments

For departments that do not have their own IT systems/ MIS in place, State Data Bank aims to provide

an interface for capturing their data in soft format. This would be achieved by developing data entry

screens for these departments.

One point access for all information



To bring relevant information under a single roof so that is accessible to all the stake holders.

State Data Bank project is divided in following two phases,

Phase I –

The main objective of Phase I is to compile the secondary data available with DES and other departments. As

per the current status, following Data Sets have been covered:

Important State Indicators

Censuses and Surveys Data

Sector Data for departments and districts

Data compiled by DES e.g. State Income, Consumer Prices etc

Data from various publications of DES

The data entry software for 24 departments has been developed. The departments have been requested

for testing and feedback.

The Beta version of the website is proposed to be launched. The coverage of the data in SDB is continuously

expanding and new data sets are being added as per the availability of data in electronic form and needs of the

departments. For the State Data Bank a separate domain http://mahasdb.maharashtra.gov.in has been

registered and information made available has been integrated with developmental sectors and the same has

been uploaded on the website of “State Data Bank”.

Phase II -

In this phase, it is proposed to consolidate and collate the primary/transactional data from various

departments.

In addition to the web portal that is publicly available over the internet there is one more SAS portal that is

available to all department heads over the Mantralaya intranet. In this portal multi-dimensional cubes are

developed using SAS.

These developments are carried by BSIL & the selected vendor through this tender would take over the residual

activities and complete it to the satisfaction of the Directorate.

Lately, DES is also planning to procure Visual Analytics tool of SAS to provide visual interface & dashboard to

all stakeholders.

Similarly, local area development programmes are also part of SDB. In order to address the issue of local

developmental needs, every MLA is being provided certain amount of fund annually (presently 2 Crores per

annum). These funds are utilized mostly for raising infrastructure. The utilization of these funds and outcome is

required to be monitored continuously by the government. DES has designed basic system for physical and

financial monitoring of MLA local area Development Programme, Western - Ghat Development Programme &

District level schemes which needs to be enhanced over the period.

3.5 Project Objective

The electronic data processing in the Directorate is not confined only to EDP centre, Mumbai. It has been

decentralised at 6 regional & 35 district level & some selected applications are processed at these levels.

The data processing work undertaken by at the EDP centre mainly relates to the large scale Sample Surveys &

Census conducted by the Directorate. Besides this, the Data processing work of some of the other Departments

of the State Government is also done in EDP Centre of this Directorate.

Mainly tasks involved in data processing are as follows,

a) System Design

b) Software Development & Testing

c) System Implementation & Maintenance

DES is now looking to appoint single service provider who can provide the Support Services, which would

primarily include application support at EDP (in Mantralaya) & Head Office (in Bandra), Software maintenance

support, enhancement to existing modules & development and implementation of new modules as and when

http://mahasdb.maharashtra.gov.in/



required. DES is also planning to take services of the bidder to undertake customization, configuration, testing,

debugging, maintenance and training to DES officials.

DES intends to take these services for a period of 3 years starting from the date of issue of work order;

however, initial appointment shall be made for a period of one (1) year having a provision of renewal strictly

based on performance for every subsequent year depending on the approval of DES. However, DES reserves

the rights to initiate tendering process after 1 year to select another suitable vendor.

The selected service provider would need to provide all the services as per scope defined in this RFP and aim to:

Improve employee/end-user’s experience to the System

Deliver scalability/flexibility to react to DES’s ongoing business needs

Support DES in improving Effectiveness and Efficiency in its functioning

In order to achieve the aforementioned objectives, it is proposed to hire the Services of technical manpower

through this tender process for following categories.

Primary Team Resources (Support / Software Maintenance) to provide maintenance / customization

/ configuration required to cater to various change requests inclusive of SAS, Oracle and Java support to

end users & hand-holding.

Secondary Team Resources (Development / Programming Team) to develop new applications /

modules as per time-to-time requirements of the department.

It may be mentioned here that it is a logical segregation of the team for better understanding of the intending

bidders.

3.6 Licenses purchased by DES

On part of technology stack, Oracle is being used as Database & SAS as reporting / BI tool. DES has procured

Oracle & SAS licenses as per the requirement. Details for the same are as follows,

a) Oracle Licenses

S No Platform

1 Weblogic Server Advantage edition - CPU Perpetual

2 Oracle Database Enterprise edition - Processor Perpetual

b) SAS Licenses

S No

Software and subcomponents Applicable metric

1

SAS Analytics Server BASE SAS SAS Integration Technology SAS STAT SAS ETS SAS Graph

Bundle capacity based

2 SAS/ACCESS PC Files Capacity Based

3 SAS/ACCESS ORACLE Capacity Based

4 SAS Enterprise BI server Bundle capacity based

5 Enterprise Guide PC User(5 No)

6 SAS/IML Capacity Based

Note: DES is also planning to procure Visual Analytics tool of SAS to provide visual interface & dashboard

to all stakeholders.

Above information is provided for the bidder to understand the software tools that are being used by the

DES so that a suitable, skilled & experienced team is proposed.



4) Scope of Work

Since 2007, NSS, ASI, Prices data is been processed in the EDP centre. The data from the field is been captured

through a generic application developed in Java & for the backend, Oracle 11g is being used. For reporting,

tabulation & analysis of the data, SAS tools are being used by the Directorate. These activities are carried out in-

house.

In pursuance to the directives of Planning Department, GoM, the Directorate has also undertaken two

prestigious projects viz. Maharashtra Plan Schemes Information Management System (MPSIMS) & State Data

Bank (SDB) by hiring technical manpower.

These applications & IT related work of DES should be fulfilled by Successful bidder. Accordingly for all the

existing application initiatives and any new initiatives as may be taken up by the DES from time to time, the

broad scope is given as below.

4.1 Services

The overall scope of work can be broadly categorized into the following areas:

1. Primary Support

a. Enhancement

b. Maintenance support

2. Secondary Support

3. Training

4. System / User documents

4.1.1 Primary Support

The service provider is expected to deploy a primary support team, which is responsible for enhancing and

modifying the existing applications based on the needs of the user department.

(a) Enhancement activities include,

Change requests due to amendments in business process or enhancement in existing applications

(Performing end to end processes to support change request which include requirements gathering,

requirements documentation, design, development, configuration, testing, facilitating user acceptance

testing, training and deployment)

Liaison with technical team of other government departments for data sharing

Preparation and Updating of versions of Business Blue Prints of all modules of applications

implemented / to be implemented at DES

Preparation and Updating of versions Training Manuals of all modules of applications implemented / to

be implemented at DES

Any other reporting / documentation services not listed above but required for smooth functioning of

systems as directed by DES

(b) Maintenance activities include,

Bug Fixing

Updating application for patches released by OEM

Version up gradation as deemed necessary by DES

Maintaining annual Subscription of Oracle and SAS licenses, if required, during the contract period

Performing application tuning and maintenance in order to improve user experience

Response time optimization

Revisiting data structure and applications as they are developed under rapid prototyping model

Time-to-time liaison with DIT (SDC team) to resolve Hardware, OS, Software & accesses, etc.

Complying following standard programming practices including security measures prescribed by DIT

o Cross Site Scripting

o Injection Flaws

o Malicious File Execution

o Insecure Direct Object Reference



o Cross Site Request Forgery

o Information Leakage and Improper Error Handling

o Broken Authentication and Session Management

o Insecure Cryptographic Storage

o Insecure Communication

o Failure to Restrict URL Access

o Buffer Overflows

o Denial of Service

In addition to above, application management methodology for Primary support would be as follows,

Level 1 (User support)

User Query Resolution through decentralized support. The services will have to be provided as per the service

level agreements specified in section 7. Such activities will be completed by primary support resources.

Level 2 (Application problems resolution)

The Troubleshooting and resolution of the problems related to systems implemented at DES. Such instances

would include:

Application (major feature) severely disturbed

Application (major feature) frequently interrupted

Severe server/business process performance degradation

MIS reports output/Statutory reporting not possible or faulty reporting

Level 2 support can have calls with severity 1 – 3 (severity 1 being the most urgent, as per the severity definition

in section 7.3 under Prioritization approach). The services will have to be provided as per the service level

agreements specified in section 7. Such activities will be completed by resources from the primary support team.

The service provider will have to record the time required completing all such level 2 support activities & should

be presented to DES on demand.

Level 3 (Enhancements, new functionality, and design changes)

Level 3 support is related to the technical/functional enhancements/design changes of the existing functions

and can be subcategorized as follows:

Changing modifying existing developments/designs as part of enhancement

New Requirement – designing, coding, code review, unit testing

Helping Client in identifying and removing any conflicting authorization roles & profiles for their system

Functional – Providing the modified/new functional specifications, Development query resolutions, Unit

testing

Level 3 support will be on demand basis and will require a prior notification and approval from both ends

before commencement of the activities. Level 3 support will be governed by the SLAs applicable for change

requests. Such activities will be completed by resources from the secondary support. The service provider will

have to record the time required completing all such level 3 support activities.

Level 4 (Periodic activities)

Level 4 support service is related to scheduled functional/system activities and can be subcategorized as follows:

Verifying that proper backup of systems has been taken.

Execution of any scheduled and system activities required for smooth operation of system

4.1.2 Secondary Support

During the tenure of the contract, DES may decide to implement new applications in order to offer improved

user services or increase internal departmental efficiency.



During such instances of new application/ module implementation, the service provider will have to provide an

initial blueprint, which will be reviewed by DES. Acceptance and finalization by concern officials, the service

provider would commence work of new application implementation. The broad scope of work for Secondaty

support team will be,

Preparation and Updating of versions of Business Blueprints

Preparation and Updating of versions User Manuals

Preparation and Updating of versions of Training Manuals

Customizing / implementing and rolling out the module based on the requirements given by DES and

sizing adequate infrastructure for new module

Any other reporting / documentation services not listed above but required for smooth functioning of

applications as directed by DES

Any other field support service not listed above but required for smooth implementation /

customization / revamping of DES Portal or any other new modules as detailed above.

Similarly, for implementation of any new modules, the following development methodology should be used,

Project preparation: During this phase the team of functional consultants of service provider shall go

through initial planning and preparation for project

Business Blueprint: The purpose of this phase is to achieve a common understanding of how DES

intends to run applications to support their business. It provides a detailed documentation of the results

gathered during workshops conducted to assess requirements

Realization: The purpose of this phase is to implement all the business process requirements based on

the Business Blueprint

Final preparation: The purpose of this phase is to complete the final preparation (including technical

testing, unit level testing, end user acceptance & training, system management and cutover activities) to

go live. The Final Preparation phase also serves to resolve all critical open issues

Go live Support: The purpose of this phase is to move from a project-oriented, pre-production

environment to live production operation as a joint responsibility of the contractor and facility

management services (FMS) provider of DES

Note: It is essential for the bidder to have experience in Java(web based applications) and LINUX (operating

system) and should be in a position to conduct training related to these platforms if need arises.

Bidder should also have developed at least one project with local language UNICODE support during last 3

years.

4.1.3 Training

Training will be held on need-basis and on successful deployment and implementation of a new application or

module in DES. Training is an important aspect and DES expects the successful bidder to undertake it in a very

professional manner. The bidder must impart training to the personnel identified by the DES, in the operation

of the application, generation of SAS reports, etc.

Bidder has to conduct a proper Training Needs Analysis of all the concerned staff and draw up a systematic

training plan. For all these training programs the bidder has to provide necessary course material and reference

manuals (user/maintenance/administration). The language of training manual should be in Marathi and

English.

Bidder shall ensure that all the training handouts are provided in Hardcopy to the participants. The space for

the training with requisite training infrastructure like computers, projectors with screen will be provided by

DES.

Trainings would be of two types:

Functional Training

This training would focus on the usage of application software so that the users are aware of all the

operations of the application systems, ensuring a smooth run of Departmental Operations. It would be

covered for each of the functional module.

Administrative Training



This training would focus on the administration of Application Software, backup and Server

Infrastructure and would be imparted to the concern person.

4.1.4 System / User documents

The Successful Bidder will study the documentation provided by the earlier vendor & finalise documentation on

various functionalities of the system, as & when demanded by DES. Indicative list of documents include:

Training Material: Training Material will include the presentations used for trainings and also the

required relevant documents for the topics being covered.

User Manuals: For all the Application Software Modules, required for operationalisation of the system.

System Manual: For all the Application Software Modules, covering detail information required for its

administration.

Periodic review sheets

Process document for the handover of source code and software executable for installation on production

server

Source Code versioning document

Any other as mentioned in this tender.

Note: The successful bidder will ensure Upkeep & Update of all documentation and manuals.

4.2 Service Management Procedures & Practices

4.2.1 Incident Management

It deals with service issues, and with all other service and user requests recorded by support personnel. It also

monitors the completion of requests by the service desk or by all other service units. Finally, Incident

Management has the task of informing the service requester on the status of a service request. The bidder must

follow ITIL/ ISO 20000 incident management process for duration of the contract as given below.

Every incident and all required data is recorded.

Every incident runs through a set of standardized activities and procedures, in order to ensure effective

and efficient processing.

Every incident is categorized and prioritized regarding its (potential) impact and urgency, in order to

schedule its resolution in a business-oriented way.

Functional and hierarchical escalation procedures are in place in order to ensure that each incident is

investigated by qualified members of staff.

4.2.2 Change Management

Change Management is triggered every time a request for change is received from stakeholders. Each requested

change is classified by determining its priority and impact, and afterwards the responsible change authority

decides on the approval or dismissal of the change.

The bidder must follow ITIL/ ISO 20000 change management process for duration of the contract.

Every change and all required data is recorded.

Every change runs through a set of standardized activities and procedures in order to ensure effective

and efficient processing.

Every change with a risk to normal service operation is carefully assessed and sufficiently tested to

avoid service disruption or degradation of service quality, in particular in terms of SLA deviations

Every implemented change is documented and reviewed

Every change request’s effort estimates would have to be approved by DES.

4.2.3 Periodic Reporting and Escalations



The service provider has to meet on a periodic basis with DES management to discuss the progress and

resolution of issues, analyzing actual TAT of closed cases, roadblocks if any and resolution of the same.

Additionally the service provider will provide an escalation matrix for reporting issues based on the severity

level as defined in section 7.3

The reporting cycle will be at the end of every 6 months or as and when called by DES officials.

4.2.4 Support in Upgrades, Updates and Migration

It will be the sole responsibility of the service provider to apply the patches and upgrades after due testing and

evaluation to the original software. Also the resources deployed /service provider would be responsible for

maintenance/ upgrade / Migration of the existing software licenses available with DES. The DES shall

separately purchase Technical Support from OEM for availability of product upgrades, updates and other

product support which can be leveraged by the Service provider to complete its tasks on this assignment. The

resources shall also assess the infrastructure, software and databases from time to time, suggest and undertake

performance optimization and if required, suggest DES for procurement of any additional tools etc.

4.2.5 Indicative Service Catalogue

The Service provider will provide the following services to the DES as part of the Annual Technical Support:

Service Description Examples

User Support Receive, document, prioritize Issue

tickets and help DES staff in the use

of existing applications or services.

Provide help desk support

Answer queries about applications.

Receive and document bug reports.

Collect and document requests for changes.

Share status of requests.

Application &

RDBMS Support

Responsible for the defect free

functioning of the application

software. Bring an application back to

its original functionality before the

problem arose. This may include a

permanent fix or a temporary work

around until a permanent fix is found

Resolve any issues

Bug fixing,

Improvements in presentation and/or

functionality and others within a duration

mentioned in SLA

Complete root cause analysis.

Retrieve functionality after abnormal

program terminations

Provide the latest updates, patches / fixes,

version upgrades relevant for the software

components.

Software version management and software

documentation management reflecting

features and functionality of the solution.

Enhancement or customization of application

software through change control procedure

Undertake regular, proactive Database

Management activities

Data

Management

Responsible for extending all possible

support to different departmental or

contract staff for Data Management

Report Generation,

Data Analysis, Data Cleansing, etc

Data should be Unicode compliant

Managing the update of static / dynamic data

for the Web Portal, after due validation from

DES



Application

Enhancement

Modify the functionality of an existing

application.

Apply new functionality.

Fulfil regulatory and standard compliance

requirements.

Enhance run-time efficiency.

Modify applications based on new releases of

hardware or software.

Process and

Application

Improvement

Assist DES in planning the better use

of applications to meet business

strategy and goals. This is a proactive

attempt by the Service provider to

improve applications and processes,

based on the Service provider’s

increased application and business

knowledge over time.

Help DES staff to make strategic decisions

that meet business goals.

Provide functional, architectural and process

improvements as required for the support

and maintenance of the system areas in

scope.

New module

development

Work on a completely new

assignment as decided by DES from

time to time depending upon

requirement.

New module/project related to the working of

the department.

4.2.6 Reporting

The following processes will be used in order to manage the Operations and Maintenance Phase:

(a) Monthly status report & review meeting

The Service provider to provide DES with a monthly status report that gives an overall summary of the

following:

Project health

On-going activities

Completed tasks

Upcoming milestones and releases

Bug fixes

Risk identification and mitigation plan

Action items across different application areas

Likewise, metrics will be tracked by Service provider, summarized in a dashboard format, and discussed in a

monthly meeting. This activity includes the following:

Tracking unresolved issues from maintenance projects which impact the SLA

Updating maintenance project progress and resolving critical issues

Capturing agreements and disagreements and items needing escalation

(b) Quarterly review meeting

A quarterly review meeting will include the following:

The SLA will be reviewed with the IS managers involved and an amendment addendum will be created

if required

Review process will be through teleconference or face-to-face meeting session which will be booked in

advance

Review document prepared by Service provider will include overall project status, issues list, metrics

reporting, supporting reasons for metrics deviation, and items that need adjustment within SLA (e.g.

scope, metrics, etc.)

SLA changes will be tracked by version number and date



4.3 Milestones

As per current status, MPSIMS & DES generic applications (Surveys and Census) are running smoothly & SDB

is in development phase as the formats from 24 out of 45 departments of GoM have been finalised. About 450

data forms have been developed in Java for these 24 departments. The remaining formats & necessary

amendments may get completed within span of next 6 months. Apart from regular maintenance & support

activities, following are the indicative outcomes expected to be completed by the resources appointed by the

Service Provider.

Sr.No.

Activity Indicative Timelines

1 Seamless knowledge transfer from existing BSIL Team to the Team coming onboard

T + 45 Days

2 Input-output format finalization of remaining departments of GoM T + 3 Months

3 Preparing initial blueprint of Common system across the departments of GoM for Works monitoring as a part of MPSIMS

T + 3 Months

4 Development of Works monitoring system as a part of MPSIMS T + 6 Months

5 User Acceptance Testing & implementation of Works monitoring system T + 8 Months

6 Processing pending change requests received from Department T + 2 Months

7 Implementation of Visual Analytics T + 3 Months

8 Develop separate module for survey of Consumer Price Index (CPI) T + 4 Months

9 User Acceptance Testing (UAT) & “Go Live” of CPI survey module T + 5 Months

10 Suggest further developments in current generic applications to capture the data

T + 5 Months

11 Consolidate and collate the primary/transactional data from various departments

T + 4 Months

12 Development of reports for departments of GoM T + 4 Months

13 Enrichment of documentation towards all modules prepared by previous Service Provider

T + 6 Months

14 Adding functionality towards Monitoring of individual beneficiary schemes in MPSIMS

T + 7 Months

15 Provision of BI Dashboard for policy makers T + 7 Months

16 Development of web based application for MLA/MP fund (MLALAD/MPLAD) T + 8 Months

17 User Acceptance Testing (UAT) & “Go Live” for MLA/MP fund (MLALAD/MPLAD)

T + 9 Months

18 Integration of various applications with SDB T + 10 Months

4.4 Resource Requirements

All resources will be stationed at DES premises (Onshore operation facilities).

Onshore Operation Facilities: DES shall provide seating arrangement / office facilities for all the resources

of the contractor that are required to interact with DES staff on daily basis for maintenance / customization and

support of existing system. The above facilities shall be provided by DES only for the quantities / number of

manpower resources mentioned in Commercial Proposal & additional requirement, if any. DES department will

review the resource requirements periodically and scale up or scale down resources based on the requirement

and feedback received from DES users.

The table below gives the minimum skill set of the resources to be deployed for the duration of the contract. The

selected bidder must ensure that in event of release of resource from the project, at the request of DES or at the

request of the selected bidder (only due to reasons not in control of SI like resignation of the resource, accident,

etc), or in case of additional resources to be deployed, a replacement or additional resource will be made

available such that minimum qualification criteria as mentioned in table below is met.

In case of any replacement, the resource which would meet the qualification, experience etc which is equivalent

or above to that proposed by the bidder in their technical proposal should be provided. Further, there would be



In order to ensure consistency and quality outcomes, the bidder is expected not to replace the resources,

however, if there are any circumstances not in control of the vendor / performance issues reported by the

purchaser, the resource may be replaced.

# Manpower

Category Nos.

Qualification /

Certification Experience of manpower

1 Project

Manager 1

B.E/ B. Tech

in CS or IT

preferably

with MBA

PMP certified

(mandatory)

Having at least 5 years of post-qualification relevant work

experience in design and development of customized IT

applications with at least 3 years into project

management

Experience working through the design, development,

release (SDLC) cycle delivering software application

projects

Experience in managing a team size of more than 5

developers in the capacity of Team Leader / Project

Manager

Must have good understanding of Government Processes

and IT automation initiatives in eGovernance Domain

2 Business

Analyst 1 BE /B tech in CS

with MBA

Minimum 3 years of relevant Business Analysis

experience

Well versed in written and verbal communication

Good understanding of Software Development Life Cycle

Strong experience in analysing and documenting

business requirements and functional specifications for

application system

3 Java

Programmer 5

B.Tech / BE /

MCA

SCJP

Certification

Minimum 3 years of relevant programming experience

Good understanding of Java coding, deployment and

Software Development Life Cycle

4 SAS

Developers 4

B.Tech / BE /

MCA preferably

possessing any

SAS certification

Minimum 3 years of relevant software

development/maintenance experience in SAS

programming / SAS BI tools

Good understanding of SAS & BI tools

5

Oracle

Database

Administrator

(DBA)

1

B.Tech / BE /

MCA

Minimum 5 years of proven professional experience as

Oracle DBA with any state level government/ corporate

projects

Good understanding of Project Life Cycle & Management

6 Creative web

Designer

7

working

days /

quarter

Preferably a

B.Tech / BE /

MCA / M.Sc. in

the field of

Computer

Science/ IT

Minimum 3 years of proven professional experience as

Creative Web / User Interface Designer

Must have good understanding of Government Processes

and IT automation initiatives in eGovernance Domain

Experience in designing an end to end integrated solution

preferably for Government processes

Hands on experience in various integration engines,

workflow, middleware, enterprise software etc.

The table below gives the indicative responsibilities of the resources to be deployed for the duration of the

contract.

# Role Skills, Duties, Responsibilities

1 Project

Manager

Establishes, monitors and reviews all deliverables

Plans and manages team's activities from contract initiation to completion




Evaluates risks and recommends contingency plans

Manages quality assurance and ensures compliance with policies and procedures

Meets and communicates Application related updates to DES on timely basis

Establishes appropriate metrics for measuring key criteria

Maintains awareness on emerging technologies and applies the same while enhancing

or developing new application

Onsite contact for all escalations

Responsible for monthly reviews

Provides management summary reports

Supports Root Cause Analysis with Technical Specialist

Provides training to users to make them conversant with the applications

2 Database

Administrator

Technical expertise of the System and applications

Manages SAS and Oracle Licences

Contributes to hardware and software evaluations and recommendations

Plans growth and changes (capacity planning), Hardware sizing and Network

Planning

Defines and formulates disaster recovery plans, procedures and test scenarios and

participates in regular DR rehearsals

Possess Advanced knowledge and skills related to SAS Products and system software

Posses extensive knowledge and experience in maintaining and configuring

application Systems

Installs and configures SAS software and other related products and upgrades /

patches

Manages SAS Login Credentials i.e. User administration (setup and maintaining

account, Setup security policies for users)

Participates in the administration of the server & provides necessary training to users

to make them familiar with system

Evaluates, tests and Updates system as soon as new version of OS and/or application

software is released (after obtaining a formal approval from DES)

Assists in developing, implementing, testing and maintaining backup and disaster

recovery policies and procedures

Carries out backups and recoveries regularly and as and when required

Handles Basic incidents

Provides suggestions and implements software-related measures for maximizing

uptime

Supports development / support team whenever required

Monitors system performance to ensure high availability of the system

Ensures SAS application / Oracle database user security and authorization

management

3 Business

Analyst

Analyses Functional Specifications and get necessary clarifications from DES, if

required

Creates technical specifications

Develops Custom reports (Classical, Interactive)

Fine-tunes and modifies of the custom programs

Performs Pre-Delivery Reviews and Final Testing

Prepares Unit Test Plans, coordinating with middleware and Legacy developers during

process chain testing

Supports Unit Testing & Business Acceptance testing

4 JAVA Understands the current business process, designs current business flows and its




programmer complications

Preparation of Flow diagrams and DFD of AS IS processes.

Prepares test scripts for testing the configured scenarios.

Develops and implements any new requirement as defined by DES users.

Prepares end user manual and provides training to end user.

Provide training to users to make them conversant with JAVA based applications

5 SAS Developer

Understands the current business process, designs current business flows and its

complication.

Preparation of Flow diagrams and DFD of AS IS processes.

Prepares test scripts for testing the configured scenarios.

Develops and implements any new requirement as defined by DES users.

Prepares end user manual and provides training to end user

Provide training to users to make them conversant with SAS system

6 Creative web

designer

Creates and updates the website

Makes changes in the website as suggested by DES from time to time

Responsible for fixing bugs

Suggest suitable changes to DES to improve look and feel and navigation



5) Pre-Qualification Criteria

# Pre-Qualification Criteria

Documents required

substantiating pre-qualifying

criteria

1.

The Bidder must be a company registered in India, under the

Companies Act 1956 & should be operating in India for at-least

five years as on 31/03/2014

Copy of Certificate of Incorporation

/ Registration Certificate

2.

The company must be in business of software development,

implementation and maintenance for last 5 years i.e. FY 2009-

10, 2010-11, 2011-12, 2012-13, 2013-14

Copy of Work Order of software

development undertaken during last

5 years of value more than 2 crore

each

3. The Bidder must have a positive net worth for each of the last

three consecutive financial years (2011-12,2012-13, 2013-14)

Copy of the audited balance sheet of

the company and Certificate from the

Chartered Accountant clearly stating

the net worth and Profit & Loss

statement

4.

The Bidder must have an income of minimum Rs. 30 Crores

from each of the last 3 Financial years (2011-12, 2012-13, 2013-

14) from Software development, Implementation and

maintenance.

Copy of the audited balance

sheet & Profit and Loss

statements of the company

Certificate from the Auditor for

income from Software

development, Implementation

and maintenance.

5. The Bidder should have valid CMM/CMMI Level 5 Certification Valid Copy of Certificate

6.

The Bidder should have executed at least two projects among

which one should be in Government or Semi-Government or

PSU domain wherein Java & Oracle are used as front & Backend

respectively during last 3 financial years i.e. FY 2011-12, 2012-

13, 2013-14

For Completed projects :

Copy of Work Order/Agreement

& Work Completion certificate

from client.

For ongoing projects:

Copy of Work Order/Agreement

certificate from client for

ongoing engagement OR proof

of payment received for the

same project for “software

development / support /

maintenance” activities OR Self

Certificate (With Self certificate,

bidder is also required to submit

the contact details of clients for

reference)

The Bidder should have executed at least two projects among

which one should be in Government or Semi-Government or

PSU domain wherein SAS as BI tool used for analytical and

reporting purposes for last 3 financial years i.e. FY 2011-12,

2012-13, 2013-14

7. The bidder should not have been blacklisted by Central / State Self declaration letter by bidder as



# Pre-Qualification Criteria

Documents required

substantiating pre-qualifying

criteria

Government in India at the time of submission of the Bid per format given in the Bid

Document (Refer Section 8.5)

8. The bidder must have valid Service Tax registration in India Proof of valid Service Tax

Registration in India.

Note: Consortium and subcontracting is NOT allowed



6) Instructions to Bidder

6.1 Purpose of Bid Document

This tender process is to appoint a Service Provider for the period of three (3) years for undertaking work given

in the Scope of Work of this tender document, however, initial appointment shall be made for a period of one (1)

year & extension will be awarded strictly based on performance for every subsequent year. If so desired, DES

may also initiate tendering process after 1 year to select another suitable vendor. This document provides

information to enable the bidders to understand the broad requirements to submit their "Bids".

6.2 Cost of Bid Document

The Cost of Tender document is INR 7,000/- (Rupees Seven Thousand only) + 5% VAT in the form of

Demand Draft.

6.3 Completeness of Bid Document

Bidders are advised to study all instructions, forms, terms, requirements and other information in the Bid

Documents carefully. Submission of bid shall be deemed to have been done after careful study and examination

of the Bid Document with full understanding of its implications. The response to this Bid Document should be

full and complete in all respects. Failure to furnish all information required, submission of a proposal not

substantially responsive in every respect will be at the bidder's risk and may result in rejection of the bid.

6.4 Proposal Preparation Cost

The bidder shall be responsible for all costs incurred in connection with participation in this process, including,

but not limited to, costs incurred in conduct of informative and other diligence activities, participation in

meetings/discussions/presentations, preparation of proposal, in providing any additional information required

by DES to facilitate the evaluation process, and in negotiating a definitive Contract or all such activities related

to the bid process. DES will in no case be responsible or liable for such costs, regardless of the conduct or

outcome of the bidding process.

This Bid Document does not commit DES to award a contract or to engage in negotiations. Further, no

reimbursable cost may be incurred in anticipation of award. All materials submitted by the Bidder shall become

the property of the DES and may be returned at its sole discretion.

6.5 Bid Cover Letters

Each Bidder shall submit a completed Bid Covering Letter in accordance with the format specified in Annexure I

and Annexure III of this bid document, one each for the Pre-Qualification folder including its attachments, and

for the Commercial bid.

6.6 Power of Attorney

Each Bidder shall submit a scanned and digitally signed copy of power of attorney duly notarized; indicating

that the person(s) signing the bid has the authority to sign the Bid and thus that bid is binding upon the Bidder

during the full period of its validity.

6.7 Pre-Bid Meeting

DES will host a Pre-Bid Meeting for queries (if any) raised by the prospective bidders. The date, time and place

of the meeting are given in this document. The representatives of the bidders may attend the pre-bid meeting at

their own cost. The purpose of the pre-bid meeting is to provide a forum to the bidders to clarify their doubts /

seek clarification or additional information, necessary for them to submit their bid.

All enquiries from the bidders relating to this Bid Document must be submitted to Mr. B. N. Sabnis by

XX/09/2014, 17:00 hours. These queries should also be emailed to [email protected]. The queries should

necessarily be submitted in the following format as a Word Document:

mailto:[email protected]



Sr.

No.

Bid Document Reference (Volume,

Section No., Page No.)

Content of the Bid Document

requiring clarification

Clarification Sought /

Query

1

2

3

…

Authorisation letter in the name of the person attending pre-bid meeting needs to be submitted on the

letterhead of the Bidder during the pre-bid meeting in the format specified in Annexure VI.

Queries submitted post the deadline mentioned or which do not adhere to the above mentioned format may not

be responded to. All the responses to the queries (clarifications / corrigendum) shall be made available at DES

Head office & will be informed to respective vendor accordingly.

6.8 Amendments to Bid Document

At any time till 05 (five) days before the deadline for submission of bids, the Directorate, may, for any reason,

whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the RFP

Document by an amendment. All the amendments made in the document would be issued as a corrigendum to

the RFP and shall be made available at http://mahatenders.gov.in

The bidders are advised to visit the websites mentioned above on regular basis for checking necessary updates.

DES also reserves the rights to amend the dates mentioned in this RFP for bid process.

In order to afford prospective Bidders reasonable time in which to take the amendment into account in

preparing their bids, DES may, at its discretion, extend the last date for the receipt of Bids.

6.9 Rights to Terminate the Process

DES may terminate the Bid Document process at any time and without assigning any reason. DES makes no

commitments, express or implied, that this process will result in a business transaction with anyone.

This Bid Document does not constitute an offer by DES. The bidder's participation in this process may result in

DES selecting the bidder to engage in further discussions and negotiations toward selection. The

commencement of such negotiations does not, however, signify a commitment by DES to execute a contract or

to continue negotiations. DES may terminate negotiations at any time without assigning any reason.

6.10 Site Visit

The bidders may visit the site and obtain additional information at their own cost and responsibility. However, a

prior appointment needs to be fixed by the bidder for the same.

The Bidder and any of its personnel or agents will be granted permission by DES to enter upon its premises and

lands for the purpose of understanding requirement in detail, but only upon the express condition that the

Bidder, its personnel, and agents will release and indemnify DES and its advisors, personnel, consultants and

agents from and against all liability in respect thereof, and will be solely responsible for death or personal

injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the

visit.

6.11 Language of Bids

The Bids prepared by the Bidder and all correspondence and documents relating to the bids exchanged by the

Bidder and DES, shall be written in English language, provided that any printed literature furnished by the

Bidder in another language shall be accompanied by an English translation in which case, for purposes of

interpretation of the bid, the English translation shall govern.

If any supporting documents submitted are in any language other than English, translation of the same in

English language is to be duly attested by the bidder.




6.12 Bid Submission Format

The entire proposal shall be strictly as per the format specified in this Bid Document. Details of the format are

given in Annexure of this document.

6.13 Documents Comprising of Bids

The following table is provided as the guideline for submitting various important documents along with the bid.

# Type of Envelop Documents to be submitted

01 Pre-Qualification

Folder

(Envelop A)

Bid Cover Letter

Copy of Certificate of Incorporation

Copy of Work Order of software development, implementation and

maintenance undertaken during last 5 years of value more than 2 crore each.

Copy of the audited balance sheet of the company and Certificate from the

Chartered Accountant clearly stating the net worth & Profit and Loss statement

Certificate from the Auditor on income of minimum Rs. 30 Crores from each of

the last 3 Financial years

Valid Copy of CMMI Level 5 Certificate

For completed projects: Copy of Work Order & Work Completion certificate of

the project from the client.

For ongoing projects: Copy of Work Order / Agreement and client certificate

OR

proof of payment received for the same project for “software development /

support / maintenance” activities OR

Self Certificate (With Self certificate, bidder is also required to submit the contact

details of clients for reference)

Self declaration letter for not being blacklisted by Central/State govt (Section 8.5)

Proof of valid Service Tax Registration in India.

Any other document to substantiate bidder’s eligibility.

02 Technical Proposal

Folder (Envelop B)

Technical Proposal in the format specified in Annexure II

Supporting documents as required

03 Commercial

Proposal Folder

(Envelop C)

Commercial Proposal Cover Letter

Commercial Bid

Bidders shall furnish the required information on their Pre-Qualification, technical and financial proposals in

enclosed formats only. Any deviations in format may make the tender liable for rejection. Disclosure of

Commercial information of the bid in Pre-Qualification or Technical Envelope may be sufficient grounds for

rejection of the bid.

6.14 Earnest Money Deposit (EMD) and Refund

Bidders are required to submit EMD in the form of Bank Guarantee for Rs.1,00,000/-(Rupees One Lakh Only) valid for 6 months from the date of submission of bid from Nationalised Bank / Scheduled Bank along with their technical offer. This Bank Guarantee must be submitted in the format specified in Bid Security Form (Section 8.8). Offers made without Bid Security (in BG form) will be rejected.

The bidders shall pay the EMD through Bank Guarantee (BG) and shall upload the scanned copy of the

Bank guarantee in the Pre-Qualification Folder (Envelop ‘A’). The bidder shall submit the BG physically in Pre-

Qualification Folder (Envelop ‘A’) on or before the date of the submission of the tender. If such BG is not

submitted physically as specified, the tender shall be treated as non-responsive and rejected.

Unsuccessful Bidder’s bid security will be discharged/returned within 30 days after the expiration of the period of tender offer validity prescribed by the DES.



The successful Bidder’s bid security will be discharged upon the bidder executing the Contract and furnishing the Security deposit/performance security in the form of performance bank guarantee. The bid security may be forfeited if a Bidder withdraws its bid during the period of bid validity or in case of a successful Bidder, if the Bidder fails:

i) To sign the contract in accordance with the terms and conditions ii) To furnish performance bank guarantee as specified in the terms and conditions

6.15 Submissions of Bids

Complete bidding process will be online (e-tendering) in three envelop system. All the notification & details

terms and conditions regarding, this tender notice hereafter will be published online on web site

http://mahatenders.gov.in

Bidding documents can be seen, downloaded and submitted in electronic format on the website. The

deadline for submission of bid is specified in this document.

Bids must be accompanied with scanned copies of BG of the EMD issued in favour of The Accounts Officer,

Directorate of Economics & Statistics, on any Scheduled or Nationalised bank, payable at Mumbai. Bid shall

be treated as invalid if scanned copies are not submitted online along with the bid. The Bids shall be

rejected if EMD received after deadline.

The bidders are required to submit Original Bank Guarantee of payment towards EMD before or on the day

of (either by hand delivery or by post) the date of the submission of the tender. The Physical form BG

submitted shall be the same as scanned copy submitted along with the bid. If a mismatch is found or the BG

is not submitted physically on time, the tender shall be treated as non responsive and shall be rejected.

Pre Qualification bids will be opened online on website http://mahatenders.gov.in on XX/09/2014, 12:30

Hours

Bidder should submit information & scanned copies in only PDF format in Pre-Qualification & Technical

Envelope as mentioned in the Bid Document.

Uploaded documents of successful bidder may be verified with the original before signing the agreement.

The successful bidder has to provide the originals to the concerned authority.

The bidders are required to submit hard copy of the tender document and Corrigendum (if any), duly signed

on each page by the authorized signatory along with hard copies of the Pre-Qualification and Technical bid

comprising of all the documents mentioned in the Section 5.13 counter signed by the authorized signatory

by the bidder. The hard copy should be submitted in duly sealed envelope at the following address:

To

The Director,

Directorate of Economics & Statistics, Government of Maharashtra,



It should be noted that the bidder should be submit hard copy of Commercial bid. Only the soft copy needs

to be uploaded on e-tendering website.

It should also be noted that in the eventuality of any discrepancy between the soft copy uploaded and the

hard copy submitted, it will be the soft copy which shall be treated as authentic. Any document not

submitted on e-Tendering website shall not be considered for evaluation even if the same is submitted in

the form of hard copy

Time and date of opening of Commercial bids will be informed by email to technically qualified bidder

The guidelines to download the tender documents and online submission of bids and procedure of tender

opening can be downloaded from website http://mahatenders.gov.in

All documents are mandatory, however, DES reserves right to waive minor informality or call for

clarifications / additional documents. The bidder will have to submit additional document / clarification

within 3 working dates from the date of issue of the letter / mail seeking clarification / additional document.






The Director, Directorate of Economics & Statistics, reserves the right to accept or reject any or all the

tenders without assigning any reason.

6.16 Evaluation Process

The Bidder must possess the technical know-how and the financial ability that would be required to successfully

provide the services sought by DES, for the entire period of the contract. The Bidder’s Bid must be complete in

all respects, conform to all the requirements, terms and conditions and specifications as stipulated in the Bid

Document.

The evaluation process of the Bid Document proposed to be adopted by DES is indicated under this clause. The

purpose of this clause is only to provide the Bidder an idea of the evaluation process that DES may adopt.

However, The Director, DES reserves the right to modify the evaluation process at any time during the Tender

process, without assigning any reason, whatsoever, and without any requirement of intimating the Bidder of any

such change.

DES shall appoint an Evaluation Committee (EC) to scrutinize and evaluate the technical and commercial bids

received. The EC will examine the Bids to determine whether they are complete, responsive and whether the Bid

format confirms to the Bid Document requirements. DES may waive any informality or nonconformity in a Bid

which does not constitute a material deviation according to DES.

There should be no mention of bid prices in any part of the Bid other than the Commercial Bids.

6.17 Opening of Bid

All the Bids received within the deadline shall be opened at the date, place and time mentioned in Section 2.2 of

this tender document.

The Bidders’ representatives who are present shall be requested to sign the attendance sheet.

Authorisation letter in the name of the person attending bid opening meeting needs to be submitted on the

letterhead of the Bidder during bid opening in the format specified in Annexure VI.

Once the bids are opened each bid will be checked for pre-qualification criteria.

6.18 Evaluation of Technical Bids

The Technical Bids of only those Bidders, who qualify in the Pre-Qualification stage, shall be considered and will

be evaluated as per the evaluation criteria in this clause. The Evaluation Committee may invite each Bidder to

make a presentation as part of the technical evaluation.

The EC may require verbal/written clarifications from the Bidders to clarify ambiguities and uncertainties

arising out of the evaluation of the Bid documents. In order to qualify technically, a Bid must secure a

minimum of 75% of total marks in technical evaluation after summing up. Only those Bids which have a

minimum score of 75% of total marks in technical evaluation will be considered for opening of

their Commercial Bid. However, the Director reserves the right to lower the minimum required marks if

none of the Bidders achieves 75% of the total marks. Only the Bids qualifying the technical evaluation will be

considered for commercial evaluation.

Technical Evaluation of the bids would be carried out on 3 broad parameters as given below:

1. Bidder’s Competence – 30 Marks

2. Proposed Manpower – 60 Marks

3. Technical proposal presentation – 10 Marks

The three evaluation categories would be divided into various sub-categories, as broadly mentioned below:

A. Bidder's General Competence

Evaluation Criteria Max.

Mark Point System Supporting

The Bidder must have an 5 > =30 Cr. and < 50 Cr. : 3 Marks Certificate from the Auditor



income of minimum Rs. 30

Crores from each of the

last 3 Financial years

(2011-12, 2012-13, 2013-

14) from Software

development,

Implementation &

maintenance

Every additional Rs 10 cr : 1 Mark

each (maximum 5)

on income of minimum Rs.

30 Crores from Software

development,

Implementation &

maintenance in each of the

last 3 Financial years

No of years experience in

Software Development &

Implementation

5

Organization’s experience in

Software Support / Maintenance

shall be evaluated as per the

following:

>=5 Years : 3 Marks

Every additional year : 1 Mark each

Valid copy of Work Order

shall be considered.

Experience shall be

considered from the date of

issue of the Work Order

Data Analysis / Reporting

/ BI experience in SAS 10

Two projects with a minimum value

of Rs. 50 Lakh each within last five

years in Data Analysis / Reporting

domain in SAS amongst which at

least one should be in Government/

Semi Government Organization

(PSU / Municipalities /

Government Departments /

Nationalized Banks : 7 marks

Each additional project : 1 mark

per project (maximum 3 marks)

Work order mentioning the

detailed scope and value for

all the stated projects and

project completion

certificate from the

respective clients for the

completed project among

the stated project.

Java (web based

application) and Oracle

database Experience

10

Two projects with a value of Rs. 1 Cr

each within last five years in Oracle

database and Java (web-based

application) implementation

/development / support amongst

which at least one should be in

Government/ Semi Government

Organization (PSU / Municipalities

/ Government Departments /

Nationalized Banks : 7 marks

Each additional project: 1 mark per

project (max 3 marks)

B. Proposed Manpower**


Marks Point System Supporting

Project Manager

Experience 10

Post-qualification work experience in

design and development of

customized IT applications, project

management etc –

5 years : 7 marks

6 years ≤ experience < 7 years : 8

Marks

7 years ≤ experience < 8 years : 9

Marks

8 years ≤ experience : 10 Marks

CV of the Project Manager

in the format specified in

Section 9.4

Business Analyst 10 3 years of experience as Business CV of the Business Analysts



Experience Analyst: 7 marks

Every additional of 1 year of

relevant experience: 1 mark each


Section 9.4

Java(web based)

Programmer / Oracle

Experience

20

3 years of experience in Java

programming and Oracle database

backend: 9 marks



(maximum 4 marks)

SCJP Certification : 7 Marks

CV of the Java(web based)

programmer in the format

specified in Section 9.4

SAS Programmer

Experience 20

3 years of experience SAS

programming and reporting: 9

marks



(maximum 4 marks)

SAS certification : 7 marks

CV of the SAS programmer


Section 9.4

C. Technical Proposal Presentation


Marks Point System Supporting

Submission of detailed

Technical Proposal, and

Presentation in front of EC

10

Detailed understanding of the scope

of project : 2 Marks

Approach and Methodology specific

to the project : 2 Marks

Training and Capacity Building

approach : 2 Marks

Proposed Project Organization and

Resource Deployment Plan : 2

Marks

Technical Presentation and

Clarifications / Answers given to

the EC during the Presentation by

the bidders : 2 Marks

Technical Proposal

documentation and

Presentation Slides

(This would be rated in

relative manner i.e. best

proposal will get full marks

& others in relative

manner)

Total marks 100

**Note: For evaluation of the proposed manpower DES shall consider CVs under each category as above (if, for

any category, it is observed that the bidder has submitted more number of CV’s than desired; the CV’s as

per the sequence mentioned in the proposal shall be considered for evaluation). Under each category,

average experience, number of certifications etc of the resources shall be considered to award the marks.

6.19 Period of Validity of Bids

Bids shall remain valid for the period of 180 days after the bid submission deadline date prescribed by DES. A

bid valid for a shorter period shall be rejected by DES as non responsive.

In exceptional circumstances, prior to the expiration of the bid validity period, DES may request Bidders to

extend the period of validity of their Bids. The request and the responses shall be made in writing. In this case,

the EMD shall also be extended for Thirty days (30) beyond the deadline of the extended validity period. A

Bidder may refuse the request without forfeiting its EMD. A Bidder granting the request shall not be required or

permitted to modify its bid.



No interest will be paid by DES on amount of EMD.

6.20 Clarification of Bids

To assist in the examination, evaluation, and comparison of the Bids, and qualification of the Bidders, DES may,

at its discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by a Bidder that is not

in response to a request by DES shall not be considered, and DES’s request for clarification and the response

shall be in writing. If the Bid includes a financial proposal, no change in the prices or substance of the bid shall

be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by DES in the

evaluation of the Bids.

If a Bidder does not provide clarifications of its bid by the date and time set in DES’s request for clarification, its

bid shall be rejected.

6.21 Non-Material Non-Conformities

Provided that a bid is substantially responsive, DES may waive any non-conformity in the bid that does not

constitute a material deviation, reservation or omission.

DES may request that the Bidder submit the necessary information or documentation, within a reasonable

period of time, to rectify non-material non-conformities in the bid related to documentation requirements.

Requesting information or documentation on such nonconformities shall not be related to any aspect of the

price of the bid. Failure of the Bidder to comply with the request may result in the rejection of its bid.

DES may rectify non-material non-conformities related to the Bid Price. To this effect, the Bid Price shall be

adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component.

6.22 Opening of Commercial Bid

The commercial bids of only technically successful bidders, who have scored minimum 75 points in the

technical evaluation, will be opened. DES reserves the right to open commercial bid even if one bidder qualifies

the technical bid.

DES shall notify the technically qualified bidders about the date, time and location for opening the Financial

Proposals. The opening date would allow Bidders sufficient time to make arrangements for attending the

opening. Bidders’ attendance at the opening of Financial Proposals is optional. Authorisation letter in the name

of the person attending bid opening meeting needs to be submitted on the letterhead of the Bidder during bid

opening in the format specified in Annexure VI.

The Commercial Bids will be operand and assessed by DES for completeness and accuracy. Arithmetical errors

will be rectified on the following basis –

If there is a discrepancy between the unit price and the total price that is obtained by multiplying the

unit price and quantity, the unit price shall prevail and the total price shall be corrected.

If there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals

shall prevail and the total shall be corrected.

If there is a discrepancy between words and figures, the amount in words will prevail unless the amount

expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail

subject to the points above.

The amount stated in the proposal form, adjusted in accordance with the above mentioned procedure,

shall be considered as binding, unless it causes the overall proposal price to rise, in which case the

proposal price shall govern.

Activities and items described in the Technical Proposal but not priced, shall be assumed to be included in the

prices of other activities or items. In case an activity or line item is quantified in the Financial Proposal

differently from the Technical Proposal, the Evaluation Committee may correct the quantification indicated in

the Financial Proposal so as to make it consistent with that indicated in the Technical Proposal, apply the

relevant unit price included in the Financial Proposal to the corrected quantity to arrive at total value to be

considered for commercial evaluation.



If the bidder does not accept the correction of errors, its bid will be rejected and the bid security may be

forfeited.

6.23 Evaluation of Commercial Bids and Award Criteria

The technically qualified bidders will further be selected on L1 basis.

The Commercial evaluation will be done based on summation of cost of proposed Man-power for 3 years all

together.

6.24 Payment Terms

Selected Vendor will be paid as per its accepted man-month rate by DES and applicable commercial terms and

conditions mentioned in contract agreement based on actual utilisation of resources.

Payment terms are as below:

1. This would be a man-month based assignment.

2. The payments to the vendor will be made quarterly on the invoices generated by vendor on the basis of

the resources deployed on a time and material basis.

3. The Selected bidder will submit the Bills/Invoices as per the terms & conditions of the Bid Document and

contract agreement.

4. If the Selected bidder is liable for any penalty/liquidated damages as per the SLA (refer to the section no.

7 of this document), the same shall be adjusted from the payments due to the selected bidder.

5. DES will release the payment within 45 days of submission of valid (& latest) invoice subject to the

condition that invoice and all supporting documents produced are in order and work is performed to the

satisfaction of DES.

6. In case during the invoicing period, if there is any resource replacement, vendor will ensure that 15 days

overlapping has been done for the Knowledge transfer and for such overlapping period, the DES shall

pay only for 1 resource based on respective man-month rates.

Pursuant to deliverables Services, Contractor’s remuneration will be calculated as detailed below,

1. The remuneration amount based on the manpower deployed by Contractor as per the requirements of

DES, Contractor’s Personnel will be calculated. Contractor may deploy additional manpower in order to

achieve Performance Targets detailed in Service Level Agreements (SLA) section 7.5. However, DES shall

not pay any remuneration for this additional manpower / service. For add-on activities like training &

new module implementation, contractor shall not be paid separately.

2. From the remuneration so calculated as detailed in (1) above, all the penalties applicable due to violation

of Service Level Agreements as detailed will be deducted.

3. From the residual amount detailed in (2) above, amount towards non-availability of Contractor’s

Personnel as detailed in Section 7 will be deducted by calculating manpower cost per day per category of

manpower based on working days of DES a month 8 hours per day per person

4. From the residual amount detailed in (3) above, all the taxes, duties and other levies applicable and to be

deducted at source by DES will be deducted. Final residual amount will be paid to the Contractor.

All new taxes levied after the bid submission date will be reimbursed after necessary documentary evidence is

submitted by the Contractor. Similarly any benefit due to reduction in the taxes will be passed on to DES by the

contractor.

6.25 Indemnity

The Selected bidder agrees to indemnify and hold harmless DES, its officers, employees and agents(each a

“Indemnified Party”) promptly upon demand at any time and from time to time, from and against any and all

losses , claims, damages, liabilities, costs (including reasonable attorneys fees and disbursements) and expenses

(collectively, “Losses”) to which the Indemnified Party may become subject, in so far as such losses directly arise



out of, in any way relate to, or result from any misstatement or any breach of any representation or warranty

made by the Selected bidder.

6.26 Force Majeure

The Selected bidder shall not be liable for forfeiture of its Performance Guarantee, imposition of liquidated

damages or termination for default, if and to the extent that it’s delay in performance or other failure to perform

its obligations under the contract is the result of an event of Force Majeure. For purposes of this Clause, “Force

Majeure” means an event beyond the “reasonable” control of the Selected bidder, not involving the Selected

bidder’s fault or negligence and not foreseeable. Such events may include Acts of God & acts of Government of

India in their sovereign capacity.

For the Selected bidder to take benefit of this clause it is a condition precedent that the SELECTED BIDDER

must promptly notify DES, in writing of such conditions and the cause thereof within 5 calendar days of the

Force Majeure event arising. DES or the evaluation committee appointed by DES shall study the submission of

the Selected bidder and inform whether the situation can be qualified one of Force Majeure. Unless otherwise

directed by DES in writing, the selected bidder shall continue to perform its obligations as far as it is reasonably

practical, and shall seek all reasonable alternative means for performance of services not prevented by the

existence of a Force Majeure event.

In the event of delay in performance attributable to the presence of a force majeure event, the time for

performance shall be extended by a period(s) equivalent to the duration of such delay. If the duration of delay

continues beyond a period of 30 days, DES and the Selected bidder shall hold consultations with each other in

an endeavor to find a solution to the problem.

Notwithstanding anything to the contrary mentioned above, the decision of DES shall be final and binding on

the selected bidder.

6.27 Termination of contract

DES may, without prejudice to any other remedy and applicable law, reserves the right to terminate for breach

of contract by providing a written notice of minimum 30 days stating the reason for default to the Selected

bidder and as it deems fit, terminate the contract either in whole or in part:

If the Selected bidder fails to deliver any or all of the requirements / go-live of project within the

time frame specified in the contract; or

If the Selected bidder fails to perform any other obligation(s) under the contract.

Prior to providing a notice of termination to the selected bidder, DES shall provide the Selected bidder with a

written notice of 30 days instructing the Selected bidder to cure any breach/ default of the Contract, if DES is of

the view that the breach may be rectified.

On failure of the selected bidder to rectify such breach within 30 days, DES may terminate the contract by

providing a written notice of 30 days to the selected bidder, provided that such termination will not prejudice or

affect any right of action or remedy which has accrued or will accrue thereafter to DES. In such an event the

selected bidder shall be liable for penalty/liquidated damages imposed by DES.

In the event of termination of this contract for any reason whatsoever, DES is entitled to impose any such

obligations and conditions and issue any clarifications as may be necessary to ensure an efficient transition and

effective continuity of the services which the Selected bidder shall be obliged to comply with and take all

available steps to minimize the loss resulting from that termination/ breach, and further allow and provide all

such assistance to DES and/ or succeeding vendor, as may be required, to take over the obligations of the

Selected bidder in relation to the execution/ continued execution of the requirements of this contract.



6.28 Rights to Accept/Reject any or all Proposals

Hon. Director, DES reserves the right to accept or reject any proposal, and to annul the bidding process and

reject all Bids at any time prior to award of Contract, without thereby incurring any liability to the affected

Bidder or Bidders or any obligation to inform the affected bidder or bidders of the grounds for DES's action.

6.29 Fraud and Corruption

DES requires that Bidder must observe the highest standards of ethics during the execution of the contract. In

pursuance of this policy, DES defines, for the purpose of this provision, the terms set forth as follows:

(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of

value to influence improperly the actions of another party;

(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or

recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an

obligation;

(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an

improper purpose, including to influence improperly the actions of another party;

(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or

indirectly, any party or the property of the party to influence improperly the actions of a party;

(v) “obstructive practice” is

i. deliberately destroying, falsifying, altering or concealing of evidence material to the investigation

or making false statements to investigators in order to materially impede a DES investigation

into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening,

harassing or intimidating any party to prevent it from disclosing its knowledge of matters

relevant to the investigation or from pursuing the investigation, or

ii. Acts intended to materially impede the exercise of DES’s inspection and audit rights.

If it is noticed that the Bidder has indulged into the Corrupt / Fraudulent / Unfair / Coercive practices,

a) It will be a sufficient ground for DES for termination of the contract and initiate black-listing of the

vendor.

b) b) It will reject a proposal for award if it determines that the bidder recommended for award has,

directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices

in competing for the contract;

c) It will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated

period of time, to be awarded a DES-financed contract if it at any time determines that the firm has,


in competing for, or in executing, a DES-financed contract; and

d) It will have the right to require that a provision be included in bidding documents and in contracts

financed by DES, a provision be included requiring bidders, suppliers and contractors to permit DES

to inspect their accounts and records and other documents relating to the bid submission and contract

performance and to have them audited by auditors appointed by DES.

6.30 Notifications of Award and Signing of Contract

Prior to the expiration of the period of proposal validity, the bidders will be notified in writing or by fax or email

that their proposal has been accepted.

The notification of award will constitute the formation of the Contract. Upon the Bidder’s executing the contract

with DES, it will promptly notify each unsuccessful bidder and return their EMDs.

At the time DES notifies the successful Bidders that their bid has been accepted, DES will send the Bidders the

Proforma for Contract, incorporating all clauses/agreements between the parties. Within 30 days of receipt of

the letter of intent, the successful Bidders shall sign and date the Contract and return it to DES. Draft Format of

the contract is given in the Annexure IV.



6.31 Performance Bank Guarantee

The Selected bidder shall at his own expense, deposit with DES, within fourteen (14) working days of the

notification of award of the contract or prior to signing of the contract, whichever is earlier, an unconditional

and irrevocable Performance Bank Guarantee (PBG) from any Scheduled or Nationalised bank as per the format

given in this Bid Document, payable on demand, for the due performance and fulfilment of the contract by the

bidder.

This Performance Bank Guarantee will be for an amount equivalent to 10% of annual contract value and shall be

valid for 66 months from date of signing contract with DES. All charges whatsoever such as premium,

commission, etc. with respect to the Performance Bank Guarantee shall be borne by the bidder.

The Performance Bank Guarantee format can be found in the Annexure section of this document.

The Performance Bank Guarantee may be discharged/ returned by DES upon being satisfied that there has been

due performance of the obligations of the Bidder under the contract. However, no interest shall be payable on

the Performance Bank Guarantee.

In the event of the selected bidder being unable to service the contract for whatever reason, DES would evoke

the PBG. Notwithstanding and without prejudice to any rights whatsoever of DES under the Contract in the

matter, the proceeds of the PBG shall be payable to DES as compensation for any loss resulting from the

Bidder’s failure to complete its obligations under the Contract. DES shall notify the selected bidder in writing of

the exercise of its right to receive such compensation within 14 days, indicating the contractual obligation(s) for

which the Bidder is in default.

DES shall also be entitled to make recoveries from the selected bidder’s bills, performance bank guarantee, or

from any other amount due to him, the equivalent value of any payment made to him due to inadvertence, error,

collusion, misconstruction or misstatement.

6.32 Signing of the Contract

Bidder is required to refer to the draft Contract Agreement form, attached as Annexure IV in this Bid Document,

which will be considered as base document before signing the agreement between DES & Successful Bidder.

6.33 Stamp Duty

The stamp duty payable for the contract shall be borne by the Service provider IN WITNESS whereof the parties

hereto have signed this on the day, month and year written as part of the agreement.

The successful bidder shall enter into a contract agreement with DES within 30 days from the date of issue of

letter of intent and the same should be adjudicated for payment of Stamp Duty by the successful bidder.

Further shortfall if any, in amount of stamp duty paid as against prescribed amount for the documents executed

in Mumbai City & Mumbai Suburban District be recovered from the concerned Service provider and to deposit

the deficit or unpaid Stamp Duty and penalty by two separate Demand Draft or Pay Order in favor of

“Superintendent of Stamp, Mumbai” within 15 days from intimation thereof.

All legal charges and incidental expenses in this respect shall be borne and paid by the successful bidder.



7) Service Level Agreement

The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to clearly define the levels of

service which shall be provided by the Service Provider to DES for the duration of this contract period of the

Agreement.

Monitoring & Evaluation: The selected bidder shall provide and make use of an online web-based helpdesk

tool for logging the user requests, change requests, monitoring the services delivery and reporting the

compliance level to Purchaser. This tool would be used b to log a call, update status closure of call, scheduled

reports in approved format, compliance dashboard for various applications, etc as per the requirement of DES.

7.1 User Support and Problem Correction

The following procedures will be used to respond to problems that are received by the help desk. A problem is

defined as an unplanned system event which adversely affects application processing or application

deliverables. Measurement period for User Support and Problem Correction SLAs is a calendar month. For

example, if an SLA is not met during the month of April, one penalty deduction (as outlined in the SLA

associated with that particular service) will be applied to the invoice for the month of April, and if it is not met

for the month of May, an additional penalty deduction will be applied to the invoice for the month of May.

(a) Prioritization Approach

Service requests for problems received by the help desk will be given a Severity Code from 1 – 3 based on how

important responding to the problem is to the primary business of DES as a whole, as well as the availability of

workarounds. The Severity Code will be the basis for scheduling work on the backlog and assigning resources to

the request. Critical, important, and supportive application functions are defined in the section below on

Application Function Type, with a complete list of application functions included in this agreement listed in

Appendix A.

Severity Code Definition

1 A problem has made a critical application function unusable or unavailable and no

workaround exists.

2

A problem has made a critical application function unusable or unavailable but a

workaround exists; OR

A problem has made an important application function unusable or unavailable and no

workaround exists.

3 A problem has diminished critical or important application functionality or performance

but the functionality still performs as specified in the user documentation.

(b) Application Function Type

The table below provides a brief definition of critical, important, and supportive application functions. See

Appendix A for a complete list of the application functions included in this agreement.

Application Type Description Example

Critical

These application functions are critical to ensuring business

profitability or DES reputation. Extended failure will impact

profit or damage DES reputation.

MPSIMS, State

Data Bank

Important These application functions are important to business

productivity, but are not critical to profitability or DES reputation

DES Surveys,

Economic

Census

(c) Response and Resolution Time



Severity codes are used in order to determine appropriate response and resolution times. Response and

resolution times are measured from when the incident is opened by the help desk. If the problem is not resolved

within the defined timeframe, continuous effort will be applied until the problem is resolved.

Severity

Code

Initial

Response

Estimation

Response

Subsequent

Responses Resolution

1 30 minutes 2 hours Every 2 hours 8 hours

2 1 hour 8 hours Every 4 hours 4 calendar days

3 1 hour Next business day Weekly 7 calendar days

Initial Response is when a ticket is opened and acknowledged by help desk staff.

Estimation Response is when the user that logged the ticket is informed of an estimated resolution

time.

Subsequent Responses is the frequency with which the user that logged the ticket is updated on the

resolution status.

Resolution is the point at which the problem is resolved and the application function is returned to a

usable and available state.

(d) Response and Resolution Service levels

Type Measurement Penalty

Severity 1 Resolution Less than 95% of Severity 1 problems are resolved in 8

hours.

5% of monthly fees


calendar days.

5% of monthly fees


calendar days.

5% of monthly fees

Response/Estimate Less than 95% of Initial Response, Estimation Response,

and Subsequent Response times are met.

5% of monthly fees

(e) Application Availability

Availability is defined as the ability of an end user to access and execute any of the included application

functions from a functioning workstation and live network connection. For an application to be available, all of

its supporting systems must be operational.

Application

Level Business Hour Availability Off-Hour Availability

Definition Monday - Friday 9:00am-6:00pm IST. 1st,

3rd &5th Saturday 9:00am-6:00pm

Monday – Friday 6:01pm-8:59am IST AND 2nd

& 4th Saturday – Sunday 8am – 8am IST

Critical 99% 98%

Important 98% 95%

Any additional outages must be scheduled and approved by the DES at least two weeks in advance, unless there

is an emergency.

(f) Application Availability Service Levels

Type Measurement Penalty

Critical Application Availability exceeds 99% every day in a 1 month period. NA



Availability Availability falls below 99% for more than 2 days of the month

during regular business hours.

5% of monthly

fees

Important Application

Availability

Availability falls below 98% for more than 2 days of the month

during regular business hours.

5% of monthly

fees

Note:

Bidder to employ requisite tools to track & monitor the application availability and shall also submit the application availability logs to DES every month

Also, the penalty defined in this section shall be used only when the website/ application are not accessible/ functional/ active but the hardware is functional at MHSDC (Reports of MHSDC EMS for hardware availability will be considered for evaluation of availability of application)

7.2 Application Enhancement / Process and Application Improvement

Application enhancement involves functional enhancements made to a properly working application to

accommodate new or changed user requirements. Examples include increasing an application’s performance,

enhancing a user interface, or optimizing code.

Application enhancements can be requested by DES or proposed by Service provider. DES will prioritize the

order in which enhancements are performed.

Alike, the Service provider will help DES to improve its applications and application maintenance processes

over time, in line with DES’s business goals and strategy. As Service provider gains increased application and

business knowledge, it is expected that Service provider will help DES to plan the better use of applications to

meet business goals.

The Director, DES reserves the rights to impose penalty considering circumstances then.

7.3 Resource deployment / replacement

The selected bidder must ensure that in event of release of resource from the project, at the request of DES or at

the request of the selected bidder (only due to reasons not in control of SI like resignation of the resource,

accident, etc), or in case of additional resources to be deployed, a replacement or additional resource will be

made available such that minimum qualification criteria as mentioned in table below is met.

In case of any replacement, the resource which would meet the qualification, experience etc which is equivalent

or above to that proposed by the bidder in their technical proposal should be provided. Further, there would be

In order to ensure consistency and quality outcomes, the bidder is expected not to replace the resources;

however, if there are any circumstances not in control of the vendor / performance issues reported by the

purchaser, the DES may consider the request on case to case basis.

For any new replacement, the service provider shall need to ensure that at least 15 days of knowledge transfer is

done to the new resource failing which the DES may issue show cause notice to the vendor and also levy penalty

of Rs 10,000/- per incident of non-compliance.

In case of non deployment of resource sought by DES for more than 1 month, a penalty of Rs 10,000/- per week

shall be applicable

The Vendor so appointed to deploy the requisite manpower at the DES must ensure that their employees adhere

to the professional code of conduct, maintain discipline and formal behavior with all the officials / vendors

/contractors of DES. In case of any incident of misconduct, misbehavior or complaint regarding the same about

the resource deployed, DES can ask the service provider to immediately replace the resource and take course

correction to ensure such incidents do not repeat in future.

7.4 Penalties

Each SLA is measurable and associated with a financial penalty if not met.

Penalty - A deduction from the Service provider’s monthly invoice expressed as a percentage of the agreed

upon service delivery fee for the month in which a particular SLA was not met. However, Director, DES



reserves the rights to waive aforementioned penalty considering prevailing circumstances and justifications

provided by the vendor.

Total penalty which DES can levy shall not exceed 20% of the quarterly payment due to the vendor.

7.5 Appendix A- Application Functions

(a) Critical Application Functions

The critical application functions included in this agreement at the time of writing this document are listed

below. In the future, new applications can be added by planning for appropriate knowledge transfer.

Application Critical Functions

MPSIMS Generation of various reports for department wise scheme wise monitoring

State Data Bank Create a decision support system which will also serve as a knowledge repository for

various information seekers such as researchers, academicians and general public.

(b) Important Application Functions

The important application functions included in this agreement at the time of writing this document are listed

below. In the future, new applications can be added by planning for appropriate knowledge transfer.

Application Important Functions

Surveys & Census National Sample Survey, Annual Industries Survey, Population Census, Economic

Census of Maharashtra, District Annual Plan

Economic Census Economic Census of Maharashtra and comparison with other states



8) Annexure I: Pre-Qualification Proposal Format

8.1 Bid Cover Letter

Date: dd/mm/yyyy

To

The Director

Directorate of Economics & Statistics,

8th Floor, Administrative Building,

Government Colony, Bandra (East),

Mumbai-400 051

Sub : Selection of Agencies for the project "Maintenance and enhancement of existing

computerised systems & applications”

Ref : Tender No: DES/EDP/SP/01/14-15 Dated 07/09/2014

Dear Sir,

Having examined the Bid Document (and the clarification / corrigendum issued thereafter, if any), the receipt of

which is hereby duly acknowledged, we, the undersigned, offer to provide the professional services as required

and outlined in the Bid Document for the Appointment of Service Provider for "Maintenance and

enhancement of existing computerised systems & applications"

We attach hereto our responses to pre-qualification requirements and technical & commercial proposals as

required by the Bid Document. We confirm that the information contained in these responses or any part

thereof, including the exhibits, and other documents and instruments delivered or to be delivered to Directorate

of Economics and Statistics, is true, accurate, verifiable and complete. This response includes all information

necessary to ensure that the statements therein do not in whole or in part mislead the DES in its short-listing

process.

We fully understand and agree to comply that on verification, if any of the information provided here is found to

be misleading the selection process, we are liable to be dismissed from the selection process or termination of

the contract during the project, if selected to do so.

We agree for unconditional acceptance of all the terms and conditions set out in the Bid Document (&

subsequent clarification / corrigendum, if any) document and also agree to abide by this tender response for a

period of 180 days from the date fixed for bid opening. We hereby declare that in case the contract is awarded to

us, we shall submit the contract performance guarantee bond in the form prescribed the Bid Document.

We agree that you are not bound to accept any tender response you may receive. We also agree that you reserve

the right in absolute sense to reject all or any of the products/ services specified in the tender response.

It is hereby confirmed that I/We are entitled to act on behalf of our company/ corporation/ firm/ organization

and empowered to sign this document as well as such other documents, which may be required in this

connection.

_____________________________________

Signature of Authorized Signatory (with official seal)

Name :

Designation :

Address :

Telephone & Fax :

E-mail address :



8.2 Check-list for the documents to be included in the Pre-Qualification

Envelope

# Documents to be submitted Submitted

(Y / N)

Documentary

Proof (Page No.)

1. Bid Covering Letter

2. Power of attorney / board resolution to the authorized Signatory of the Bid

3. Scanned copy of E.M.D. of Rs. 1,00,000/- & Tender Fee of Rs. 7,000/-

4. Particulars of the Bidders (in the formats given subsequently)

5. Proof of Office address

6. Copy of Certificate of Incorporation

7. Certificate from CA stating turnover

8.

Copy of the audited balance sheet of the company and Certificate from the

Chartered Accountant clearly stating the net worth and P & L sheet for last

3 Financial years

9. Copy of Work Order of software development undertaken during last 5

years of value more than 2 crore each

10.

Details of the project in the relevant format given, towards Software

Application Implementation and Support (combination of Software &

Server side Hardware) for Government Organization (PSU / Municipalities

/ Government Departments / Nationalized Banks) in India

11.

Declaration letter that the firm is not blacklisted by Central Government or

any State Government organization / department in India at the time of

submission of the Bid, in the format given in section 8.5

12. Copy of valid CMMi level 5 Certificate

13. Manufacturer’s Authorization Form (MAF) / Undertaking letter from

respective OEM

14. Copy of valid Service Tax Registration

15. Statement of No Deviation from the RFP Requirements



8.3 Format to share Bidder’s Particulars

Sr.

No Description

Details (to be filled by the responder to

the Bid Document)

1. Name of the company

2. Official address

3. Phone No. and Fax No.

4. Corporate Headquarters Address

5. Phone No. and Fax No.

6. Web Site Address

7. Details of Company’s Registration (Please

enclose copy of the company registration document)

8. Name of Registration Authority

9. Registration Number and Year of Registration

10. CMMi Level 5 Certificates and its validity

11. CST/LST/VAT registration No.

12. Service Tax Registration No.

13. Permanent Account Number (PAN) of the agency

14. Company’s Revenue for last 3 years (Year wise)

15. Company’s Profitability for the last 3 years (Year wise)

Please submit the relevant proofs for all the details mentioned above along with your Bid response.

Contact Details of officials (at least two) for future correspondence regarding the bid process:

Details Authorized Signatory Secondary Contact

Name

Title

Company Address

Phone

Mobile

Fax

E-mail



8.4 Format to share Bidder details

Name of the Bidder

Financial Capability

Turnover from Software development,

Implementation, maintenance and System

Integration Projects for FY 2009-10, FY 2010-11, FY

2011-12, FY 2012-13, FY 2013-14 (in INR crores) #

List of the Projects

considered for

software

development work in

India of minimum

value of 2 Cr each

during the last five

financial years (2011-

12, 2012-13, 2013-15

1.

2.

3...

Note: Bidder is required to submit necessary document proof for above information i.e.

1. Copy of the audited Profit & Loss Statement of the company and Certificate from the Chartered

Accountant clearly stating the turnover from Software development, Implementation, maintenance and

System Integration

2. Copy of Work Order & Work Completion certificate



8.5 Format for Declaration by the bidder for not being Blacklisted / Debarred

(To be submitted on the Letterhead of the responding firm)

Date: dd/mm/yyyy

To

The Director




Mumbai-400 051

Sub : Declaration for not being debarred / black-listed by Central / any State Government department in

India as on the date of submission of the bid

Dear Sir,

I/We, the undersigned, herewith declare that my/our company (<-- name of the firm -->) has not been

debarred / black-listed by Central / any State Government department in India as on the date of submission of

the bid.

Thanking you,

Yours faithfully,

_____________________________________


Date :

Name :

Designation :

Address :

Telephone & Fax :

E-mail address :



8.6 Format for Statement of Deviation from the Bid Document Requirements

Date: dd/mm/yyyy

To

The Director




Mumbai-400 051

Sub : Selection of Agency for the Project " Maintenance and enhancement of existing computerised

systems & applications”


Dear Sir,

I would like to herewith state that in the proposal submitted by M/s. ---------------, there are no deviations from

the Bid Document Requirements / Terms & Conditions. The entire work shall be performed as per the project

requirements.

OR (Strike out whatever is not applicable)

I would like to herewith state that in the proposal submitted by M/s. ---------------, following is the exhaustive

list of deviations and variations from the Bid Document requirement. Except for these deviations and variations,

the entire work shall be performed as per your specifications and requirements mentioned in the Bid Document.

Sr. No. Reference of Bid Document Volume Number, Clause

No. & Page. No

Deviation in the

Bid Brief Reasons

Yours faithfully,

(Signature of Authorized Signatory)

Name :

Designation :



8.7 Bid Security Form for EMD

Whereas ________________________________________ (hereinafter called "the Bidder") has

submitted its tender offer dated ________2014 for providing consultancy services (hereinafter called "the

Bidder")

KNOW ALL MEN by these presents that we __________________________________ _________of

________________________ _______________ (hereinafter called the Bank) are bound up to

Directorate of Economic & Statistics (hereinafter called "the DES ") in the sum of _________________

___________ for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its

successors and assigns by these presents; sealed with the Common Seal of the Said Bank this ___________

day of ________2014.

THE CONDITIONS of this obligation are:

If the Bidder withdraws its tender during the period of tender validity specified by the Tenderer on the

Tender Form; or

If the Bidder, having been notified of the acceptance of its tender by the DES during the period of tender

validity:

Fails or refuses to execute the contract Form if required; or

Fails or refuses to furnish the Performance Security, in accordance with the instruction given in tender

document;

We undertake to pay the DES up to the above amount upon receipt of its first written demand, without the DES

having to substantiate its demand, provided that in its demand the DES will note that the amount claimed by it

is due it owing to the occurrence of one or both of the two conditions, specifying the occurred condition or

conditions.

This guarantee will remain in force up to and including and any demand in respect thereof should reach the

Bank not later than the above date.

Date:

Place:

(Seal of Bank) (Signature of the Bank Official)



8.8 Performance Bank Guarantee Format

(For a sum of 10% of the annual value of the contract)

Ref. No. :

Date :

Bank Guarantee No. :

To

Accounts Officer



Mumbai-400 051

Against Letter of Intent number _________ dated _________ relating to Tender No. DES/EDP/SP/01/14-

15 for the project “Maintenance and enhancement of existing computerised systems and

applications” (hereinafter called the 'LoI’) and the contract to be entered into between the Directorate of

Economics & statistics, Govt of Maharashtra, (hereinafter called "--------------------") and

_________________ (hereinafter called the Bidder), this is to certify that at the request of the Bidder we

______________________ Bank, are holding in trust in favour of --------------------, the amount of Rs.

___________________________ (write the sum here in words) to indemnify and keep indemnified the ---

----------------- against any loss or damage that may be caused to or suffered by the -------------------- by reason

of any breach by the Bidder of any of the terms and conditions of the contract that will be entered subsequently

(within 15 days) and/or in the performance thereof. We agree that the decision of --------------------, whether any

breach of any of the terms and conditions of the contract and/or in the performance thereof has been

committed by the Bidder and the amount of loss or damage that has been caused or suffered by -------------------

- shall be final and binding on us and the amount of the said loss or damage shall be paid by us forthwith on

demand and without demur to --------------------.

We __________________________________ Bank, further agree that the guarantee herein contained

shall remain in full force and effect during the period that would be taken for satisfactory performance and

fulfilment in all respects of the contract by the Bidder i.e. till _______________ (hereinafter called the said

date) and that if any claim accrues or arises against us _____________________ Bank, by virtue of this

guarantee before the said date, the same shall be enforceable against us ________________________

Bank, notwithstanding the fact that the notice of any such claim is given to us

__________________________ Bank, by -------------------- either before the said date or within the

enforcement period of six months thereafter. Payment under this letter of guarantee shall be made promptly,

within one month of our receipt of notice to that effect from -------------------

It is fully understood that this guarantee is effective from the date of the said LoI and that we

_________________________ Bank, undertake not to revoke this guarantee during its currency without

the consent in writing of --------------------.

We undertake to pay to -------------------- any money so demanded notwithstanding any dispute or disputes

raised by the Bidder in any suit or proceeding pending before any court or Tribunal relating thereto our liability

under this present guarantee being absolute and unequivocal. The payment so made by us under this guarantee

shall be a valid discharge of our liability for payment there under.

We _____________________________ Bank, further agree that -------------------- shall have the fullest

liberty, without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the

said contract or to extend time of performance by the Bidder from time to time or to postpone for any time or

from time to time any of the powers exercisable by -------------------- against the said Bidder and to forebear or

enforce any of the terms and conditions relating to the said contract and we, ________________________



Bank, shall not be released from our liability under this guarantee by reason of any such variation or extension

being granted to the said Bidder or for any forbearance by -------------------- to the said Bidder or for any

forbearance and or omission on the part of -------------------- or any other matter or thing whatsoever, which

under the law relating to sureties, would, but for this provision have the effect of so releasing us from our

liability under this guarantee.

This guarantee will not be discharged due to the change in the constitution of the Bank or the Bidder.

Our liability under this Bank Guarantee shall not exceed and is restricted to Rs._______________ (Rupees

_________________ only).

_____________________________________


Date :

Place :

Name :

Designation :

Address :

Telephone & Fax :

E-mail address :

________________ ________________

Signature of Witness 1 Signature of Witness 2

Name : _______________________________ Name : _______________________________

(Bank's common seal)



9) Annexure II: Instructions and Technical Proposal Formats

9.1 General Instructions on Preparation of the Technical Proposal

Bidders have to submit a very structured and organized technical proposal, which will be analyzed by the

Evaluation Committee for different compliances with regards to the requirements of the project. Since the cut-

off marks for Technical Bid Score is 75, the quality and completeness of the information submitted by the bidder

will matter a lot.

Bidder is expected to divide its proposal in following Sections / Documents:

A) Bidder’s General Competence

This document should bring about the capability of the firm to execute this project. Some of the required

documents are as follows:

1. Financial Capability of the Bidder in required formats and supporting documents

2. Experience of Bidder in SAS and Java implementation or post implementation support projects in

required formats

3. Experience of Bidder in execution of projects (software development/ customization / implementation /

post-implementation support projects) in Government Departments / Public Sector Companies in India

in required format

B) People

As specified in the Technical Bid Evaluation Framework, DES would like to give importance on the right

people proposed for the project. Bidder may propose different people for different skill-sets required &

different responsibilities (during Post-Implementation & New development). Thus need CVs and

certificates of Project Manager & Overall Project Team (Summary Table giving Qualification, Experiences,

Certifications, Relevance of the proposed resources)

C) Approach & Methodology Proposed for the Project

1. Transition management plan from the existing vendor to the new vendor

2. Service Management procedures proposed by the bidder

3. Change Management methodology recommended by the bidder

4. Strategy to meet the Service Level Agreement

5. The project plan for new module implementations

6. Training plan and training methodology for training DES users

7. Environment management and usage of development, testing, staging and production environment

All above mentioned documents shall have an index page with page numbers specified for all the key

information / headers. If Bidder wants to propose extra commitments apart from above then he can mention

the same in separate annexure under this section.



9.2 Format to share SAS and Java Experience

[The following table shall be filled in for contracts performed by the Bidder]

Bidder’s Legal Name: [insert full name]

Date: [insert day, month, year]

Bidder’s Party Name: [insert full name]

BID No. and title: [insert BID number and title]

Page [insert page number] of [insert total number] pages

[Identify contracts that demonstrate work over the past [number] years pursuant to Pre - Qualification Criteria.

List contracts chronologically, according to their commencement (starting) dates.]

Similar Contract No. [insert number] of

[insert number of similar contracts required] Information

Contract Identification _[insert contract name and number, if applicable]_

Award date _[insert day, month, year, i.e., 15 June, 2015]_

Completion date _[insert day, month, year, i.e., 03 October, 2017]_

Role in Contract

[Provide brief description]

Total Contract Amount ___[insert total contract amount in INR]___

Employer’s Name: ___[insert full name]___

Address:

Telephone/fax number

E-mail:

[indicate street / number / town or city / country]

[insert telephone/fax numbers, including country and city

area codes]

[insert e-mail address, if available]

Complexity __[insert description of complexity]__

Methods/Technology __[insert specific aspects of the methods/technology involved

in the contract]__

Other Characteristics

__[insert other characteristics as described in Section 6, Scope

of Work]__

Modules Implemented/ Supported __[List of modules supported]__

Number of peak users __[Number of peak users supported in the project]__



9.3 Details of Manpower Resources proposed

CV of the Key Manpower (Project Manager) proposed to be submitted in the following format

1 Name of the Staff

2 Current Designation in

the Organisation

3 Proposed Role in the

Project

4

Proposed

Responsibilities in the

Project

5 Date of Birth

6 Education Degree / Diploma, College, University, Year of Passing

7

Summary of Key

Training and

Certifications

8 Language Proficiency

Language Reading Writing Speaking

9

Employment Record

(For the total relevant

experience)

From / To:

Employer:

Position Held:

From / To:

Employer:

Position Held:

From / To:

Employer:

Position Held:

10 Total No. of Years of

Work Experience

11

Total No. of Years of

Experience for the Role

proposed

# Name of the

Resource

Proposed

Role

Highest

Qualification

Total

Experience

(in years)

Total Relevant

Experience for the

proposed position (in

years)

Certifications



12

Highlights of relevant assignments handled and significant accomplishments (Use following format for

each project)

Name of assignment

or project:

Year:

Location:

Client:

Main project

features:

Positions held:

Activities performed:



10) Annexure III: Commercial Proposal Formats

10.1 Commercial Proposal Cover Letter

Date: dd/mm/yyyy

To

The Director




Mumbai-400 051

Sub : Selection of Service Provider for the Project "Maintenance and enhancement of existing

computerised system & applications”


Dear Madam,

We, the undersigned Bidders, having read and examined in detail all the bidding documents in respect of

"Maintenance and enhancement of existing computerised system & applications” do hereby

propose to provide services as specified in the Bid Document referred above.

1. PRICE AND VALIDITY

All the prices mentioned in our Tender are in accordance with the terms as specified in the Tender

documents. All the prices and other terms and conditions of this Tender are valid for a period of 180

calendar days from the date of opening of the Tenders.

We hereby confirm that our Tender prices include all taxes. Taxes are quoted separately under relevant

sections, as specified in the Bid Document formats.

We have studied the clause relating to Indian Income Tax and hereby declare that if any income tax,

surcharge on Income Tax, Professional and any other corporate Tax in altercated under the law, we

shall pay the same.

2. UNIT RATES

We have indicated in the relevant schedules enclosed, the unit rates for the purpose of on account of

payment as well as for price adjustment in case of any increase to / decrease from the scope of work under

the contract.

3. DEVIATIONS

We declare that all the services shall be performed strictly in accordance with the Bid Documents (and

subsequent clarifications / corrigendum issued) and there are no deviations except for those mentioned in

Pre-Qualification Envelope, irrespective of whatever has been stated to the contrary anywhere else in our

bid.

Further we agree that additional conditions, if any, found in our bid documents, other than those stated in

the deviation schedule in Pre-Qualification Envelope, shall not be given effect to.

4. QUALIFYING DATA

We confirm having submitted the information as required by you in your Instruction to Bidders. In case

you require any other further information/documentary proof in this regard before evaluation of our

Tender, we agree to furnish the same in time to your satisfaction.

5. BID PRICE



We declare that our Bid Price is for the entire scope of the work as specified in the Bid Document. The bid

price at which the contract is awarded shall hold good for entire tenure of the contract. These prices are

indicated in the Annexure of this letter.

6. CONTRACT PERFORMANCE GUARANTEE BOND

We hereby declare that in case the contract is awarded to us, we shall submit the contract Performance

Bank Guarantee in the form prescribed in the Bid Document.

We hereby declare that our Tender is made in good faith, without collusion or fraud and the information

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

We understand that our Tender is binding on us and that you are not bound to accept a Tender you receive. We

confirm that no Technical deviations are attached here with this commercial offer.

Thanking you,

Yours faithfully,

(Signature of the Authorised Signatory)

Name

Designation

Seal

Date:

Place:

Business Address:



10.2 Commercial Proposal Format & Instructions (Annexure)

The Bidder has to fill the details for price bid are as follows:

# Resource Quantity Total rate per annum (in Rs)

Year 1 Year 2 Year 3

1 Project Manager 1

2 Business Analyst 1

3 Java Programmer 5

4 SAS Developer 4

5 Database Administrator 1

6 Creative / Web Designer 7 working days

per quarter Applicable taxes

Sub Total

Grand Total (Z) = Y1+Y2+Y3

In words (Rs.___________________________)

The Grand Total (Z) as above shall be considered for commercial evaluation of the bids.

The breakup for the above should be provided in the form of each year’s man-month rate in following format,

# Resource Man-month rate / year (in Rs)

Year 1 Year 2 Year 3

1 Project Manager

2 Business Analyst

3 Java Programmer

4 SAS Developer

5 Database Administrator

6 Creative / Web Designer

The rates mentioned above will be considered as final bid price by bidder for commercial evaluation. The rates

quoted must be inclusive of any out of pocket and any other incidental expenses.

Note:

i. In case any resource’s profile not listed in above Table is required, the same will have to be made available

by the service provider at the average of man-month rates discovered in Table.

ii. All the prices are to be entered in Indian Rupees (INR) ONLY.

iii. The Bidder needs to account for all Out of Pocket expenses due to Boarding, Lodging and other related

items.

iv. Prices indicated in the schedules shall be inclusive of all taxes, Levies, duties etc. It is mandatory to provide

breakup of all Taxes, Duties and Levies wherever asked for. During the payment stage, DES reserves the

right to ask the Bidder to submit proof of payment against any of the taxes, duties, levies indicated.

v. For the purpose of evaluation of Commercial Bids, DES shall make appropriate assumptions to arrive at a

common bid price for all the Bidders. This however shall have no co-relation with the Contract value or

actual payment to be made to the Bidder.

vi. The Contract Price shall be a firm lump sum not subject to any alteration.

vii. The service provider shall be deemed to have satisfied itself as to the correctness and sufficiency of the

contract price, which shall, except as otherwise provided for in the contract, cover all its obligations under

the contract.

viii. As DES reserves the right to scale up or scale down the resources deployed as deemed necessary by DES,

the actual payments made to the service provider will depend on the number of resources deployed on the

project. DES will take a periodic review after period of every 6 months and will reduce / add resources as

per DES’s requirements.



ix. DES would make quarterly payments to the service provider. The payment would be done within 45 days

from the date of submission of invoices.

x. The initial 45 days since deployment of manpower would be Knowledge Transfer period from existing

vendor. The service provider has to submit a certificate of satisfactorily completing the KT within

stipulated time period i.e. 45 days. Fail to do so, will attract penalty of 20% of monthly billing amount per

week.

xi. Service Provider should deploy entire man-power within a 2 week’s time since consent received from DES.

Failed to do so, may attract penalty of 2% of total monthly billing per week per non-available resource.

xii. Working days of DES will be applicable to resources deployed by Service provider.

xiii. Director, DES reserves the rights to waive aforementioned penalty considering circumstances then.

xiv. In case there is a discrepancy between the amount specified in figures and words, the amount specified in

words would prevail.



11) Annexure IV: Draft Contract Agreement

---------------------------------------------------------------------------------------------------------------------------------

On Non Judicial Stamp Paper

---------------------------------------------------------------------------------------------------------------------------------

This Contract Agreement, hereinafter referred to as “CA” is made this ___ day of ___________ 2014 at

[office address]

BETWEEN

The Director, 8th Floor, Administrative Building, Government Colony, Bandra (East),Mumbai-400 051,

Maharashtra State, (which term or expression, unless excluded by or repugnant to the subject or context, shall

mean and include its successors-in office and assigns) of the First Part (which term or expression, unless

excluded by or repugnant to the subject or context, shall mean and include its successors-in office and assigns)

of the First Part

AND

M/s ___________, a company registered under The Companies Act, 1956 having its registered office at

___________________ and place of business at _____________________, hereinafter referred to as

"Service provider” (which term or expression, unless excluded by or repugnant to the subject or context,

shall mean and include its successors and permitted assigns) of the Second Part

Each individually a “Party” hereto and collectively the “Parties”

And WHEREAS DES desires that the Services known as “Maintenance and Enhancement of existing

computerised systems and applications” should be executed by the Contractor, and has accepted a Bid

by the Contractor for the execution and completion of these Services and the remedying of any defects therein,

for carrying out work in various offices of DES including Headquarter & other Ward Offices, for a period of 1

year extendable to upto 5 years based on performance through project ‘Maintenance and Enhancement of

existing computerised systems and applications”.

And WHEREAS M/s. ------------------------- has submitted its proposal for the project “Maintenance and

Enhancement of existing computerised systems and applications”;

NOW, THEREFORE, in consideration of the premises covenants and promises contained herein and other good

and valuable considerations, the receipt and adequacy of which is hereby acknowledged, the parties intending to

be bound legally, IT IS HEREBY AGREED between the Parties as follows:

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws

of _____________________________ on the day, month and year indicated above.

Signed by ________________________________________________ (for DES)

Signed by __________________________________________________ (for the Contractor)

Signed by ________________________________________(Contractor’s Parent Company)

[This last signature line to be added when the Successful Bidder is required to incorporate in India, pursuant

to ITB and a Parent Company Guarantee is not required in the corresponding BDS]



11.1 Definitions, Interpretations and Other Terms

In the Contract the following words and expressions shall have the meanings stated below. The words and

expressions not specifically defined below shall mean as defined in Information Technology Infrastructure

Library (ITIL) published by Office of Government Commerce, United Kingdom and Information Technology

Act, 2000 (with amendment 2008). In case of conflict in the meaning of any word or expression, meaning of the

same in Information Technology Act, 2000 shall govern.

a) Bid means the tender process conducted by DES and the technical and commercial proposals submitted by

the successful bidder, along with the subsequent clarifications and undertakings, if any;

b) Letter of Acceptance means the letter of formal acceptance, signed by DES, of the Letter of Bid,

including any annexed memoranda comprising agreements between and signed by both Parties. If there is

no such letter of acceptance, the expression “Letter of Acceptance” means the Contract Agreement and the

date of issuing or receiving the Letter of Acceptance means the date of signing the Contract Agreement.

c) Confidential Information means all information including DES Data (whether in written, oral,

electronic or other format) which relates to the technical, financial, business affairs, customers, suppliers,

products, developments, operations, processes, data, trade secrets, design rights, know-how and personnel

of each Party and its affiliates which is disclosed to or otherwise learned by the other Party in the course of

or in connection with this CA (including without limitation such information received during negotiations,

location visits and meetings in connection with this CA);

d) Customers mean all citizens and business organization and users who use the DES services.

e) Deliverables means all the activities related to the implementation, maintenance and post

implementation support as defined in the Bid Document & subsequent Corrigendum (if any), based on

which the technical proposal & commercial proposal was submitted by the Bidder and as required as per

this CA;

f) Effective Date means the date on which this CA is executed;

g) CA means this Contract Agreement, together with the recitals and all schedules and the contents,

requirements, specifications and standards of the Bid Document (as may be amended, supplemented or

modified in accordance with the provisions hereof) and the Bid. In the event of a conflict between this

CA and the Schedules, the terms of the CA shall prevail; with overriding effect;

h) Performance Security means the irrevocable and unconditional Bank Guarantee provided by the

Service provider from by any of the approved banks in favour of “Directorate of Economics and Statistics”

for an amount equal to 10% of the total contract value.

i) Proprietary Information means processes, methodologies and technical and business information,

including drawings, designs, formulae, flow charts, data and computer programs already owned/licensed by

either Party or granted by third parties to a Party hereto prior/ subsequent to the execution of this contract;

j) Required Consents means the written consents, clearances and licenses, rights and other authorizations

as may be required to be obtained by the Service provider, for all tasks/activities/software/hardware and

communication technology for this project; from all the concerned departments/agencies, etc. as the case

may be.

k) Bid Document means the Request for Proposal released vide Bid Document number specified under

section 2.2, and include all clarifications/addendums, explanations and amendments issued by the DES in

respect thereof;

l) Service Level(s) means the performance standards, which will apply, to the services delivered by the

Service provider.

m) Service Level Requirement(s) means the timelines and the quality levels to be adhered to by the

Service provider for delivering various services under the contract;



n) Services means the content and services delivered and to be delivered to the customers or the offices of

DES by the Service provider, and includes but not limited to the services specified in the Bid Document or

as may be specified and incorporated in the subsequent Agreement/s under Contract Agreement.

o) Contractor means the person(s) named as contractor in the CA and the legal successors in title to this

person(s).

p) Contractor’s Personnel means the Contractor’s Representative and all personnel whom the Contractor

utilizes on the Facilities, who may include the staff, labour and other employees of the Contractor; and any

other personnel assisting the Contractor in the execution of the Services.

q) Contractor’s Representative means the person named by the Contractor in the Contract or appointed

from time to time by the Contractor under Sub-Clause ‘Contractor’s Representative’, who acts on behalf of

the Contractor.

r) DES means the person named as employer in the Contract Data and the legal successors in title to this

person.

s) DES’s Representative means the person named by DES to represent and act for DES at all times during

the performance of the Contract.

t) DES’s Personnel means all staff employed by DES.

u) Government means the State or Central Government of the Country.

v) Cost means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the

Facilities, including overhead and similar charges, but does not include profit.

w) Foreign Currency means a currency in which part (or all) of the Contractor’s Remuneration is payable,

but not the Local Currency.

x) Key Staff means those individuals listed as Key Staff in the CA, or any person appointed, with the

agreement of DES, as a Key Staff, for a part of the Services; and the legal successors in title to each of these

persons.

Party means DES or the Contractor, as the context requires, and “Parties” means both.

Third Party means a person or an entity other than a Party.

11.2 Interpretations

a) References to any statute or statutory provision include a reference to that statute or statutory provision as

from time to time amended, extended, re-enacted or consolidated and to all statutory instruments made

pursuant to it;

b) Words denoting the singular shall include the plural and vice-versa; words indicating one gender include all

genders and words denoting persons shall include firms and corporations and vice versa;

c) Unless otherwise expressly stated, the words "herein", "hereof", "hereunder" and similar words refer to this

CA as a whole and not to any particular Article, Schedule. The term Articles, refers to Articles of this CA.

The words "include" and "including" shall not be construed as terms of limitation. The words "day" and

"month" mean "calendar day" and "calendar month" unless otherwise stated. The words "writing" and

"written" mean "in documented form", whether electronic or hard copy, unless otherwise stated;

d) Provisions including the word “agree”, agreed” or “agreement” require the agreement to be recorded in

writing.

e) The headings, marginal words and use of bold type in this CA are for convenience only and shall not affect

the interpretation of any provision of this CA;

f) The Schedules to this CA form an integral part of this CA and will be in full force and effect as though they

were expressly set out in the body of this CA;

g) Reference at any time to any agreement, deed, instrument, license or document of any description shall be

construed as reference to such agreement, deed, instrument, license or other document as the same may be

amended, varied, supplemented, modified or suspended at the time of such reference;



h) Any word or expression used in this CA shall, unless defined or construed in this CA, bear its ordinary

English language meaning;

i) The damages payable by a Party to the other Party as set forth in this CA, whether on per diem basis or

otherwise, are mutually agreed genuine pre-estimated loss and liquidated damages likely to be suffered and

incurred by the Party entitled to receive the same and are not by way of penalties;

j) This CA shall operate as a legally binding agreement specifying the master terms, which apply to the Parties

under this agreement and to the provision of the services by the Service provider;

k) The documents forming this Agreement are to be taken as mutually explanatory of one another. The

following order shall govern the priority of documents constituting this Agreement, in the event of a conflict

between various documents, the documents shall have priority in the following order:

ii) This Agreement;

iii) Scope of Services for the Service provider (hereby defined in Section 6)

iv) Detail Commercial proposal of the Service provider accepted by DES (hereby annexed as Annexure

III)

v) Clarification & Corrigendum Documents published by DES subsequent to the Bid Document for this

work

vi) Bid Document of DES for this work (hereby annexed as Annexure IV)

vii) LoI issued by DES to the successful bidder; and

viii) Successful bidder’s “Technical Proposal” and “Commercial Proposal” submitted in response to the

Bid Document.

11.3 Term of the Contract Agreement

The term of this Service Provider shall be a period of 1 year from the date of execution of this Agreement.

Further it will be extended every subsequent year for next three (3) years based on performance evaluated by

DES.

In the event of implementation period getting extended beyond the stipulated time, for reasons not attributable

to the Service provider, DES reserves the right to extend the term of the Agreement by corresponding period to

allow validity of contract from the date of successful go live.

11.4 Payment Terms

Selected Vendor will be paid as per its accepted man-month rate & license cost by DES and applicable

commercial terms and conditions mentioned in contract agreement.

Payment terms are as below:

1. This would be a man-month based assignment.

2. The payments to the vendor will be made quarterly on the invoices generated by vendor on the basis of

the resources deployed on a time and material basis.

3. The Selected bidder will submit the Bills/Invoices as per the terms & conditions of the Bid Document and

contract agreement.

4. If the Selected bidder is liable for any penalty/liquidated damages as per the SLA (refer to the section no.

7 of this document), the same shall be adjusted from the payments due to the selected bidder.

5. DES will release the payment within 45 days of submission of valid (& latest) invoice subject to the

condition that invoice and all supporting documents produced are in order and work is performed to the

satisfaction of DES.

6. In case during the invoicing period, if there is any resource replacement, vendor will ensure that 15 days

overlapping has been done for the Knowledge transfer and for such overlapping period, the DES shall pay

only for 1 resource based on respective man-month rates.

Pursuant to deliverables Services, Contractor’s remuneration will be calculated as detailed below,



5. The remuneration amount based on the manpower deployed by Contractor as per the requirements of

DES, Contractor’s Personnel will be calculated. Contractor may deploy additional manpower in order to

achieve Performance Targets detailed in Service Level Agreements (SLA) section 7.5. However, DES shall

not pay any remuneration for this additional manpower / service. For add-on activities like training &

new module implementation, contractor shall not be paid separately.

6. From the remuneration so calculated as detailed in (1) above, all the penalties applicable due to violation

of Service Level Agreements as detailed will be deducted.

7. From the residual amount detailed in (2) above, amount towards non-availability of Contractor’s

Personnel as detailed in Section 7 will be deducted by calculating manpower cost per day per category of

manpower based on working days of DES a month 8 hours per day per person

8. From the residual amount detailed in (3) above, all the taxes, duties and other levies applicable and to be

deducted at source by DES will be deducted. Final residual amount will be paid to the Contractor.

9. All new taxes levied after the bid submission date will be reimbursed after necessary documentary

evidence is submitted by the Contractor. Similarly any benefit due to reduction in the taxes will be passed

on to DES by the contractor.

11.5 Service Level Agreement

Same as defined in Section 7

11.6 Professional Project Management

Service provider shall execute the project with complete professionalism and full commitment to the scope of

work and the prescribed service levels. Service provider shall attend regular Project Review Meetings called by

DES and shall adhere to the directions given during the meeting. Following responsibilities are to be executed

by the Service provider in regular manner to ensure the proper management of the project:

Finalization of the Project plan in consultation with DES and its consultant. Project Plan should

consist of work plan, communication matrix, timelines, Quality Plan, etc.

Plan and deploy the resources in conjunction with the Project Plan and to execute roles and

responsibilities against each activity of the project plan.

Appointment of manager who will act as SPOC for DES.

Submission of Weekly Project Progress Reports

Monthly Compliance report, which will cover compliances to Project Timelines, Project Team,

SLAs, etc.

The selected vendor should ensure that the behaviour of its staff and other manpower is decent. The agency will

be held responsible for indecent behaviour of manpower, & such employees should be immediately replaced

when such matter is reported. In case, non-availability of personnel, the agency will be penalized as per the SLA.

Employees of the service provider shall always wear identity card.

11.7 Communications

Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations,

notices, requests and discharges, these communications shall be: in writing and delivered by hand (against

receipt), sent by mail or courier, or transmitted using any of the agreed systems of electronic transmission as

stated in the Contract Data; and delivered, sent or transmitted to the address for the recipient’s communications

as stated in the Contract Data.

However:

a. if the recipient gives notice of another address, communications shall thereafter be delivered

accordingly; and

b. if the recipient has not stated otherwise when requesting an approval or consent, it may be sent to the

address from which the request was issued.

Approvals, certificates, consents and determinations shall not be unreasonably withheld or delayed. When a

certificate is issued to a Party, the certifier shall send a copy to the other Party. When a notice is issued to a



Party, by the other Party or the Independent Expert, a copy shall be sent to DES’s Representative or the other

Party, as the case may be.

11.8 Use & Acquisition of Assets during the term

The Service provider shall -

a) Take all reasonable & proper care of the entire hardware & software, network, data or any other information

technology infrastructure components used for the project & other facilities leased/owned by the Service

provider exclusively in terms of the delivery of the services as per this CA (hereinafter the “Assets”) in

proportion to their use & control of such Assets which will include all upgrades/enhancements &

improvements to meet the needs of the project arising from time to time.

b) Term “Assets” also refers to all the hardware / software / furniture / data / documentations / manuals /

catalogues / brochures / or any other material procured, created or utilized by the SERVICE PROVIDER or

DES.

c) Keep all the tangible Assets in good & serviceable condition (reasonable wear & tear excepted) &/or the

intangible Assets suitably upgraded subject to the relevant standards as stated in of the Bid Document to

meet the SLAs mentioned in the contract & during the entire term of the Agreement.

d) Ensure that any instructions or manuals supplied by the manufacturer of the Assets for use of Assets &

which are provided to the Service provider will be followed by the Service provider & any person who will be

responsible for the use of the Asset.

e) Take such steps as may be recommended by the manufacturer of the Assets & notified to the Service

provider or as may be necessary to use the Assets in a safe manner.

f) To the extent that the Assets are under the control of the Service provider, keep the Assets suitably housed &

in conformity with any statutory requirements from time to time applicable to them.

g) Not, knowingly or negligently use or permit any of the Assets to be used in contravention of any statutory

provisions or regulation or in any way contrary to law.

h) Use the Assets exclusively for the purpose of providing the Services as defined in the contract.

i) Ensure smooth end-to-end operations to provide efficient services to DES of this Project in an efficient and

speedy manner.

j) Service provider shall not use DES data to provide services for the benefit of any third party, as a service

bureau or in any other manner

11.9 Security and safety

a) The Service provider will comply with the directions issued from time to time by DES and the standards

related to the security and safety in so far as it applies to the provision of the Services.

b) Service provider shall also comply with DES / Government of Maharashtra’s / Government of India’s

Information Technology security and standard policies in force from time to time as applicable.

c) Service provider shall use reasonable endeavors to report forthwith in writing to all the partners /

contractors about the civil and criminal liabilities accruing due to by unauthorized access (including

unauthorized persons who are employees of any Party) or interference with DES's data, facilities or

Confidential Information.

d) The Service provider shall upon reasonable request by DES or his/her nominee(s) participate in regular

meetings when safety and information technology security matters are reviewed.

e) Service provider shall promptly report in writing to DES any act or omission which they are aware that

could have an adverse effect on the proper conduct of safety and information technology security at DES.



11.10 Indemnity

The Service provider agrees to indemnify and hold harmless DES, its officers, employees and agents(each a

“Indemnified Party”) promptly upon demand at any time and from time to time, from and against any and all

losses , claims, damages, liabilities, costs (including reasonable attorneys fees and disbursements) and expenses

(collectively, “Losses”) to which the Indemnified Party may become subject, in so far as such losses directly arise

out of, in any way relate to, or result from

(i) Any misstatement or any breach of any representation or warranty made by the Service provider or

(ii) The failure by the Service provider to fulfill any covenant or condition contained in this Agreement,

including without limitation the breach of any terms and conditions of this Agreement by any employee or

agent of the Service provider. Against all losses or damages arising from claims by third Parties that any

Deliverable (or the access, use or other rights thereto), created by Service provider pursuant to this

Agreement, or any equipment, software, information, methods of operation or other intellectual property

created by Service provider or sub contractors pursuant to this Agreement, or the SLAs (I) infringes a

copyright, trade mark, trade design enforceable in India, (II) infringes a patent issued in India, or (III)

constitutes misappropriation or unlawful disclosure or use of another Party's trade secretes under the laws

of India (collectively, "Infringement Claims"); provided, however, that this will not apply to any

Deliverable (or the access, use or other rights thereto) created by (A) "Data Entry assignment done by

service provider; (B) Third Parties (i.e., other than Service provider or sub-contractors) at the direction of

DES, or

(iii) any compensation / claim or proceeding by any third party against DES arising out of any act, deed or

omission by the Service provider or

(iv) Claim filed by a workman or employee engaged by the Service provider for carrying out work related to

this Agreement. For the avoidance of doubt, indemnification of Losses pursuant to this section shall be

made in an amount or amounts sufficient to restore each of the Indemnified Party to the financial position

it would have been in had the losses not occurred.

Any payment made under this Agreement to an indemnity or claim for breach of any provision of this

Agreement shall include applicable taxes.

11.11 Third Party Claims

a. Subject to Sub-clause (b) below, the Service provider (the "Indemnified Party") from and against all losses,

claims litigation and damages on account of bodily injury, death or damage to tangible personal property

arising in favor or any person, corporation or other entity (including the Indemnified Party) attributable to

the Indemnifying Party's performance or non-performance under this Agreement or the SLAs.

b. The indemnities set out in Sub-clause (a) above shall be subject to the following conditions:

i. the Indemnified Party, as promptly as practicable, informs the Indemnifying Party in writing of the claim

or proceedings and provides all relevant evidence, documentary or otherwise

ii. the Indemnified Party shall, at the cost and expenses of the Indemnifying Party, give the Indemnifying

Party all reasonable assistance in the defense of such claim including reasonable access to all relevant

information, documentation and personnel. The indemnifying party shall bear cost and expenses and

fees of the Attorney on behalf of the Indemnified Party in the litigation, claim.

iii. if the Indemnifying Party does not assume full control over the defense of a claim as provided in this

Article, the Indemnifying Party may participate in such defense at its sole cost and expense, and the

Indemnified Party will have the right to defend the claim in such manner as it may deem appropriate,

and the cost and expense of the Indemnified Party will be borne and paid by the Indemnifying Party.

iv. the Indemnified Party shall not prejudice, pay or accept any proceedings or claim, or compromise any

proceedings or claim, without the written consent of the Indemnifying Party;

v. Service provider hereby indemnify & hold indemnified DES harmless from & against any & all damages,

losses, liabilities, expenses including legal fees & cost of litigation in connection with any action, claim,

suit, proceedings as if result of claim made by the third party directly or indirectly arising out of or in

connection with this agreement.



vi. all settlements of claims subject to indemnification under this Article will: (a) be entered into only with

the consent of the Indemnified Party, which consent will not be unreasonably withheld & include an

unconditional release to the Indemnified Party from the claimant for all liability in respect of such claim;

& (b) include any appropriate confidentiality agreement prohibiting disclosure of the terms of such

settlement;

vii. the Indemnified Party shall take steps that the Indemnifying Party may reasonably require to mitigate or

reduce its loss as a result of such a claim or proceedings;

viii. in the event that the Indemnifying Party is obligated to indemnify an Indemnified Party pursuant to this

Article, the Indemnifying Party will, upon payment of such indemnity in full, be subrogated to all rights

& defenses of the Indemnified Party with respect to the claims to which such indemnification relates;

ix. in the event that the Indemnifying Party is obligated to indemnify the Indemnified Party pursuant to this

Article, the Indemnified Party will be entitled to invoke the Performance Bank Guarantee, if such

indemnity is not paid, either in full or in part, & on the invocation of the Performance Bank Guarantee,

the Indemnifying Party shall be subrogated to all rights & defenses of the Indemnified Party with respect

to the claims to which such indemnification relates.

11.12 Warranties

a. The Service provider warrants and represents to DES that:

i. It has full capacity and authority and all necessary approvals to enter into and to perform its obligations

under this Agreement;

ii. This Agreement is executed by a duly authorized representative of the Service provider;

iii. It shall discharge its obligations under this Agreement with due skill, care and diligence so as to comply

with the service level agreement.

b. In the case of the SLAs, the Service provider warrants and represents to DES, that:

i. the Service provider has full capacity and authority and all necessary approvals to enter into and perform

its obligations under the SLAs and to provide the Services;

ii. the SLAs shall be executed by a duly authorized representative of the Service provider;

iii. the Services will be provided and rendered by appropriately qualified, trained and experienced personnel

as mentioned in the Bid Document;

iv. Service provider has and will have all necessary licenses, approvals, consents of third Parties free from

any encumbrances and all necessary technology, hardware and software to enable it to provide the

Services;

v. the Services will be supplied in conformance with all laws, enactments, orders and regulations applicable

from time to time;

vi. Service provider will warrant that the solution provided under the contract is new, of the most recent

higher version /models and incorporate all recent improvements in design and materials unless provided

otherwise in the contract.

vii. If the Service provider uses in the course of the provision of the Services, components, equipments,

software and hardware manufactured by any third party and which are embedded in the Deliverables or

are essential for the successful use of the Deliverables, it will pass through third party manufacturer's

Warranties relating to those components, equipment, software and hardware to the extent possible.

c. Notwithstanding what has been stated elsewhere in this Agreement and the Schedules attached herein, in the

event the Service provider is unable to meet the obligations pursuant to the Project, Operations and

Maintenance Services and any related scope of work as stated in this Agreement and the Schedules attached

herein, DES will have the option to invoke the Performance Guarantee after serving a written notice of thirty

(30) days on the Service provider.

11.13 Force Majeure

The Service provider shall not be liable for forfeiture of its Performance Guarantee, imposition of liquidated

damages or termination for default, if and to the extent that it’s delay in performance or other failure to perform

its obligations under the contract is the result of an event of Force Majeure. For purposes of this Clause, “Force

Majeure” means an event beyond the “reasonable” control of the Service provider, not involving the Service



provider’s fault or negligence and not foreseeable. Such events may include Acts of God & acts of Government of

India in their sovereign capacity.

For the Service provider to take benefit of this clause it is a condition precedent that the SERVICE PROVIDER

must promptly notify DES, in writing of such conditions and the cause thereof within 5 calendar days of the

Force Majeure event arising. DES, or the consultant / committee appointed by DES shall study the submission

of the Service provider and inform whether the situation can be qualified one of Force Majeure. Unless

otherwise directed by DES in writing, the Service provider shall continue to perform its obligations under the

resultant Agreement as far as it is reasonably practical, and shall seek all reasonable alternative means for

performance of services not prevented by the existence of a Force Majeure event.

In the event of delay in performance attributable to the presence of a force majeure event, the time for

performance shall be extended by a period(s) equivalent to the duration of such delay. If the duration of delay

continues beyond a period of 30 days, DES and the Service provider shall hold consultations with each other in

an endeavor to find a solution to the problem.

Notwithstanding anything to the contrary mentioned above, the decision of DES shall be final and binding on

the Service provider.

11.14 Resolution of Disputes

DES and the Service provider shall make every effort to resolve amicably , by direct informal negotiation or by

approaching the independent expert (agreed upon by both the parties), any disagreement or dispute arising

between them under or in connection with the Agreement. If after 60 days from the commencement of such

informal negotiations or intervention of independent expert, DES and the SERVICE PROVIDER are unable to

resolve amicably such dispute, the matter will be referred to the Director, and his / her opinion shall be taken as

final and binding on the service provider.

11.15 Risk Purchase Clause

In the event Service provider fails to execute the project as stipulated in the CA, or as per the directions given by

DES from time to time, DES reserves the right to procure similar services from the next eligible bidder or from

alternate sources at the risk, cost and responsibility of the Service provider. Before taking such a decision, DES

shall serve a notice period of 1 month to the Service provider. Service provider’s liability in such case would not

be higher than 50% of the contract value.

11.16 Limitation of Liability towards DES

The Service provider's liability under the resultant Agreement shall be determined as per the Law in force for

the time being. The Service provider shall be liable to DES for loss or damage occurred or caused or likely to

occur on account of any act of omission on the part of the Service provider and its employees, including loss

caused to DES on account of defect in goods or deficiency in services on the part of Service provider or his

agents or any person / persons claiming through or under said Service provider. However, such liability of

Service provider shall not exceed the total value of the Agreement. This Sub-Clause shall not limit liability in any

case of fraud, deliberate default, gross negligence, or reckless misconduct by the defaulting Party.

11.17 Conflict of Interest

The Service provider shall disclose to DES in writing, all actual and potential conflicts of interest that exist, arise

or may arise (either for the Service provider or its team) in the course of performing the Services as soon as it

becomes aware of such a conflict. Service provider shall hold DES's interest paramount, without any

consideration for future work, and strictly avoid conflict of interest with other assignments.

11.18 Data Ownership

All the data created as the part of the project shall be owned by DES. The Service provider shall take utmost care

in maintaining security and confidentiality of this data. Access to the data / systems shall be given by the Service



provider only to the personnel working on the projects and their names & contact details shall be shared with

DES in advance. DES / its authorized representative(s) shall conduct periodic / surprise security reviews and

audits, to ensure the compliance by the Service provider to data / system security.

11.19 Publicity

Any publicity by the SERVICE PROVIDER in which the name of DES is to be used should be done with the

explicit written permission of The Director, Directorate of Economics and Statistics.

11.20 Fraud and Corruption

DES requires that Service provider must observe the highest standards of ethics during the execution of the

contract. In pursuance of this policy, DES defines, for the purpose of this provision, the terms set forth as

follows:

(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything

of value to influence improperly the actions of another party;

(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or

recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid

an obligation;

(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an

improper purpose, including to influence improperly the actions of another party;

(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or

indirectly, any party or the property of the party to influence improperly the actions of a party;

(v) “obstructive practice” is

i. deliberately destroying, falsifying, altering or concealing of evidence material to the

investigation or making false statements to investigators in order to materially impede

a DES investigation into allegations of a corrupt, fraudulent, coercive or collusive

practice; and/or threatening, harassing or intimidating any party to prevent it from

disclosing its knowledge of matters relevant to the investigation or from pursuing the

investigation, or

ii. acts intended to materially impede the exercise of DES’s inspection and audit rights.

If it is noticed that the Service provider has indulged into the Corrupt / Fraudulent / Unfair / Coercive

practices,

a) It will be a sufficient ground for DES for termination of the contract and initiate black-listing of the

vendor.

b) It will reject a proposal for award if it determines that the bidder recommended for award has, directly

or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in

competing for the contract;

c) It will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated

period of time, to be awarded a DES-financed contract if it at any time determines that the firm has,


in competing for, or in executing, a DES-financed contract; and

d) It will have the right to require that a provision be included in bidding documents and in contracts

financed by DES, a provision be included requiring bidders, suppliers and contractors to permit DES to

inspect their accounts and records and other documents relating to the bid submission and contract

performance and to have them audited by auditors appointed by DES.

11.21 Exit Management

(i) Exit Management Purpose

This clause sets out the provisions, which will apply during Exit Management period. The Parties shall

ensure that their respective associated entities carry out their respective obligations set out in this Exit

Management Clause.

The exit management period starts, in case of expiry of contract, at least 3 months prior to the date when

the contract comes to an end or in case of termination of contract, on the date when the notice of



termination is sent to the Service provider. The exit management period ends on the date agreed upon by

DES or Three months after the beginning of the exit management period, whichever is earlier.

(ii) Confidential Information, Security and Data

Service provider will promptly, on the commencement of the exit management period, supply to DES or its

nominated agencies the following:

a) Information relating to the current services rendered and performance data relating to the performance

of the services; Documentation relating to the Project, Project’s Intellectual Property Rights; any other

data and confidential information created as part of or is related to this project;

b) Project data as is reasonably required for purposes of the Project or for transitioning of the services to

its Replacing Successful Bidder in a readily available format.

c) All other information (including but not limited to documents, records and agreements) relating to the

services reasonably necessary to enable DES and its nominated agencies, or its Replacing Vendor to

carry out due diligence in order to transition the provision of the Services to DES or its nominated

agencies, or its Replacing Vendor (as the case may be).

d) The service provider shall retain all of the above information with them for 30 days after the

termination of the contract, post which the provider has to wipe/purge/delete all information created

or retained as part of this project.

(iii) Employees

Promptly on reasonable request at any time during the exit management period, the Service provider shall,

subject to applicable laws, restraints and regulations (including in particular those relating to privacy)

provide to DES a list of all employees (with job titles and communication address) of the Successful Bidder,

dedicated to providing the services at the commencement of the exit management period.

(iv) Rights of Access to Information

At any time during the exit management period, the Service provider will be obliged to provide an access of

information to DES and / or any Replacing Vendor in order to make an inventory of the Assets (including

hardware / Software / Active / passive), documentations, manuals, catalogs, archive data, Live data, policy

documents or any other material related to implementation of hosted applications for DES.

(v) Exit Management Plan

Successful Bidder shall provide DES with a recommended "Exit Management Plan" within 90 days of

signing of the contract, 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 Scope of work definition.

a) A detailed program of the transfer process that could be used in conjunction with a Replacement

Vendor 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;

b) Plans for the communication with such of the Successful Bidder, staff, suppliers, customers and any

related third party as are necessary to avoid any material detrimental impact on Project’s operations as

a result of undertaking the transfer;

c) Plans for provision of contingent support to the implementation of hosted applications and

Replacement Vendor for a reasonable period (minimum one month) after transfer.

d) Exit Management Plan shall be presented by the Service provider to and approved by DES or its

nominated agencies.

e) The terms of payment as stated in the Terms of Payment Schedule include the costs of the Service

provider complying with its obligations under this Schedule.

f) During the exit management period, the Service provider shall use its best efforts to deliver the

services.

g) Payments during the Exit Management period shall be made in accordance with the Terms of Payment

Schedule.



11.22 Termination of contract

DES may, without prejudice to any other remedy under this Contract and applicable law, reserves the right to

terminate for breach of contract by providing a written notice of 30 days stating the reason for default to the

Service provider and as it deems fit, terminate the contract either in whole or in part:

If the Service provider fails to deliver any or all of the project requirements / go-live of project

within the time frame specified in the contract; or

If the Service provider fails to perform any other obligation(s) under the contract.

Prior to providing a notice of termination to the Service provider, DES shall provide the Service

provider with a written notice of 30 days instructing the Service provider to cure any breach/ default of

the Contract, if DES is of the view that the breach may be rectified.

On failure of the Service provider to rectify such breach within 30 days, DES may terminate the contract

by providing a written notice of 30 days to the Service provider, provided that such termination will not

prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to DES. In

such an event the Service provider shall be liable for penalty/liquidated damages imposed by DES.

In the event of termination of this contract for any reason whatsoever, DES is entitled to impose any

such obligations and conditions and issue any clarifications as may be necessary to ensure an efficient

transition and effective continuity of the services which the Service provider shall be obliged to comply

with and take all available steps to minimize the loss resulting from that termination/ breach, and

further allow and provide all such assistance to DES and/ or succeeding vendor, as may be required, to

take over the obligations of the Service provider in relation to the execution/ continued execution of the

requirements of this contract.

11.23 Miscellaneous

a) Confidentiality

“Confidential Information" means all information including Project Data (whether in written, oral,

electronic or other format) which relates to the technical, financial and operational affairs, business

rules, citizen information, design rights, know-how and personnel of each Party and its affiliates

which is disclosed to or otherwise learned by the other Party or its subcontractors (whether a Party

to the contract or to the SLA) in the course of or in connection with the contract (including without

limitation such information received during negotiations, location visits and meetings in connection

with the contract or to the SLA) or pursuant to the contract to be signed subsequently.

Except with the prior written permission of DES, the Service provider (including all partners) and

its Personnel shall not disclose such confidential information to any person or entity not expected to

know such information by default of being associated with the project, nor shall the Service

provider and it’s Personnel make public the recommendations formulated in the course of, or as a

result of the Project. In matters pertaining to privacy of data, the Service provider (including all

partners) shall not use any data for analytical/commercial reasons whatsoever.

The Service provider recognizes that during the term of this Agreement, sensitive data will be

procured and made available to it, its Sub contractors and agents and others working for or under

the Service provider. Disclosure or usage of the data by any such recipient may constitute a breach

of law applicable causing harm not only to the DES whose data is used but also to its stakeholders.

The function of DES requires the Service provider, its agents to demonstrate utmost care, sensitivity

and strict confidentiality. Any breach of this Article will result in DES and its nominees receiving a

right to seek injunctive relief and damages, from the Service provider.

The restrictions of this Article shall not apply to confidential Information that:

i. is or becomes generally available to the public through no breach of this Article by the

Recipient; and



ii. was in the recipient's possession free of any obligation of confidence prior to the time of

receipt of it by the Recipient hereunder; and

iii. is developed by the Recipient independently of any of discloser's Confidential Information;

and

iv. is rightfully obtained by the Recipient from third Parties authorized at that time to make

such disclosure without restriction; and

v. is identified in writing by the Discloser as no longer proprietary or confidential; or

vi. is required to be disclosed by law, regulation or Court Order, provided that the recipient

gives prompt written notice to the Discloser of such legal and regulatory requirement to

disclose so as to allow the Discloser reasonable opportunity to contest such disclosure.

To the extent that such disclosure is required for the purposes of this Agreement, either Party may

disclose Confidential Information to:

i. its employees, agents and independent contractors and to any of its affiliates and their

respective independent contractors or employees; and

ii. its professional advisors and auditors, who require access for the purposes of this

Agreement, whom the relevant Party has informed of its obligations under this Article and in

respect of whom relevant the Party has informed of its obligations under this Article has

used commercially reasonable efforts to ensure that they are contractually obliged to keep

such Confidential Information confidential on terms substantially the same as set forth in

this Article. Either Party may also disclose confidential Information or any entity with the

other Party's prior written consent.

The provisions of this Article shall survive the expiration or any earlier termination of this

Agreement.

b) Standards of Performance

The Service provider shall provide the services and carry out their obligations under the Contract

with due diligence, efficiency and professionalism/ethics in accordance with generally accepted

professional standards and practices. The Service provider shall always act in respect of any matter

relating to this contract. The Service provider shall abide by all the provisions / Acts / Rules /

Regulations, Standing orders, etc of Information Technology as prevalent in the country. The

Service provider shall also conform to the standards laid down by Government of Maharashtra or

Government of India from time to time.

c) Sub Contracts

All the personnel working on the project and having access to the Servers / data should be on

payroll of the Service provider. No sub contracting will be allowed as a part of this contract.

d) Care to be taken while working at DES Office

Service provider should follow instructions issued by concerned Competent Authority from time to

time for carrying out work at designated places. Service provider should ensure that there is no

damage caused to any private or public property. In case such damage is caused, Service provider

shall immediately bring it to the notice of concerned organization and DES in writing and pay

necessary charges towards fixing of the damage.

Service provider shall ensure that its employees/representatives don’t breach privacy of any citizen

or establishment during the course of execution or maintenance of the project.

e) Compliance with Labour regulations

The Service provider shall pay fair and reasonable wages to the workmen employed, for the contract

undertaken and comply with the provisions set forth under the Minimum wages Act and the

Contract Labour Act 1970. The salary of the manpower working on DES project should be paid

using ECS / NEFT / RTGS. A record of the payments made in this regard should be maintained by

the Service provider. Upon request, this record shall be produced to the appropriate authority in

DES and/or Judicial Body. If complaints are received by DES (or any appropriate authority)



appropriate action (Liquidation of Security Deposit, Blacklisting, etc.) may be initiated as deemed

necessary against the Service provider.

f) Waiver

A waiver of any provision or breach of this Agreement must be in writing and signed by an

authorized official of the Party executing the same. No such waiver shall be construed to affect or

imply a subsequent waiver of the same provision or subsequent breach of this Agreement.

g) Notices

Any notice or other document, which may be given by either Party under this Agreement, shall be

given in writing in person or by pre-paid recorded delivery post.

In relation to a notice given under this Agreement, any such notice or other document shall be

addressed to the other Party's principal or registered office address as set out below

DES:

The Director




Mumbai-400 051

------------------------------

Tel: ------------------------

Fax: -----------------------

Service provider:

------------------------------

------------------------------

Tel: ------------------------

Fax: -----------------------

Any notice or other document shall be deemed to have been given to the other Party when delivered

(if delivered in person) between the hours of 9.30 am and 5.30 pm at the address of the other Party

set forth above or on the next working day thereafter if delivered outside such hours, and 7 calendar

days from the date of posting (if by letter).

h) Personnel/Employees

i. Personnel/employees assigned by Service provider to perform the services shall be employees

of Service and under no circumstances will such personnel be considered as employees of DES.

Service provider shall have the sole responsibility for supervision and control of its personnel

and for payment of such personnel's employee's entire compensation, including salary, legal

deductions withholding of income taxes and social security taxes, worker's compensation,

employee and disability benefits and the like and shall be responsible for all employer

obligations under all laws as applicable from time to time. DES shall not be responsible for the

above issues concerning to personnel of Service provider.

ii. Service provider shall use its best efforts to ensure that sufficient Service provider personnel are

employed to perform the Services, and that, such personnel have appropriate qualifications to

perform the Services. DES or its nominated agencies shall have the right to require the removal

or replacement of any Service provider personnel performing work under this Agreement. In

the event that DES requests that any Service provider personnel be replaced, the substitution of

such personnel shall be accomplished pursuant to a mutually agreed upon schedule and upon

clearance of the personnel based on profile review and upon schedule and upon clearance of the

personnel based on profile review and personal interview by DES or its nominated agencies,

within not later than 30 working days. Service provider shall depute quality team for the project

and as per requirements DES shall have the right to ask Service provider to change the team.

iii. Management (Regional Head / VP level officer) of Service provider needs to be involved in the

project monitoring and should attend the review meeting at least once in a month.



iv. The profiles of resources proposed by Service provider in the technical proposal, which are

considered for Technical bid evaluation, shall be construed as 'Key Personnel' and the Service

provider shall not remove such personnel without the prior written consent of DES. For any

changes to the proposed resources, Service provider shall provide equivalent or more

experienced resources in consultation with DES.

v. Except as stated in this clause, nothing in this Agreement will limit the ability of Service

provider freely to assign or reassign its employees; provided that Service provider shall be

responsible, at its expense, for transferring all appropriate knowledge from personnel being

replaced to their replacements. DES shall have the right to review and approve Service

provider's plan for any such knowledge transfer. Service provider shall maintain the same

standards for skills and professionalism among replacement personnel as in personnel being

replaced.

vi. Each Party shall be responsible for the performance of all its obligations under this Agreement

and shall be liable for the acts and omissions of its employees and agents in connection

therewith.

i) Variations and Further Assurance

a. No amendment, variation or other change to this Agreement or the SLAs shall be valid unless

made in writing and signed by the duly authorized representatives of the Parties to this

Agreement.

b. Each Party to this Agreement or the SLAs agree to enter into or execute, without limitation,

whatever other agreement, document, consent and waiver and to do all other things which shall

or may be reasonably required to complete and deliver the obligations set out in the Agreement

or the SLAs.

j) Severability and Waiver

i. if any provision of this Agreement or the SLAs, or any part thereof, shall be found by any court

or administrative body of competent jurisdiction to be illegal, invalid or unenforceable the

illegality, invalidity or unenforceability of such provision or part provision shall not affect the

other provisions of this Agreement or the SLAs or the remainder of the provisions in question

which shall remain in full force and effect. The relevant Parties shall negotiate in good faith in

order to agree to substitute for any illegal, invalid or unenforceable provision a valid and

enforceable provision which achieves to the greatest extent possible the economic, legal and

commercial objectives of the illegal, invalid or unenforceable provision or part provision

within 7 working days.

ii. No failure to exercise or enforce and no delay in exercising or enforcing on the part of either

Party to this Agreement or the SLAs of any right, remedy or provision of this Agreement or the

SLAs shall operate as a waiver of such right, remedy or provision in any future application nor

shall any single or partial exercise or enforcement of any right, remedy or provision preclude

any other or further exercise or enforcement of any other right, remedy or provision.

k) Survivability

The termination or expiry of this Agreement or the SLAs for any reason shall not affect or prejudice

any terms of this Agreement, or the rights of the Parties under them which are either expressly of by

implication intended to come into effect or continue in effect after such expiry or termination.

11.24 Applicable Law

The contract shall be governed by the laws and procedures prescribed by the Laws prevailing and in force in

India, within the framework of applicable legislation and enactment made from time to time concerning such

commercial dealings/processing. All legal disputes are subject to the jurisdiction of Mumbai courts only.

11.25 Particular conditions

The following Particular Conditions shall be supplementary and whenever there is a conflict, the provisions

herein shall prevail over those in the general definitions, interpretations and other terms of the contract .



Conditions Data

DES’s name and address

The Director




Mumbai-400 051

Electronic transmission systems E-mail communication carried out by authorized employees of

DES

Governing Law As applicable in India

Ruling language English

Language for communications English

Additional Conditions of Effectiveness Nil

Period of Contract 1 year further extendable upto 3 years based on performance.

Contractor’s responsibility for the

acts or defaults of its Subcontractors

No Subcontracting will be allowed as a part of this contract. If

during the course of the project, if it is observed that the

resources deployed by the selected bidder are not full time

employees of the organisation, DES may terminate its contract

for this assignment

Compliance with Laws Nil

Categories of staff that must be hired

locally if and to the extent that a

sufficient number of appropriately

qualified staff is locally available

As per the requirements of this contract.

Period within which DES should make

a decision on

Contractor’s management advice

30 days

Date by which DES shall respond to

Contractor’s counterproposal (if any) Thirty Days from the date of counterproposal of Contractor

Appointing entity or official in case of

disagreement between the Parties The Director

Currency for payment of the

Independent Expert Indian Rupees (INR)

Arbitration The Director

Amount of Liquidated Damages on

Termination for DES Convenience Nil

11.26 Stamp Duty Payment

The stamp duty payable for the contract shall be borne by the Service provider IN WITNESS whereof the parties

hereto have signed this on the day, month and year first herein above written.

Signed, sealed and delivered

By -------------------------

------------------------------,

For and on behalf of Directorate of Economics and Statistics

Signed, sealed and delivered

By -----------------------------

For and on behalf of the “Service provider”,

----------------------------------------------



Witnesses :

(1)

(2)

Attachments to the Agreement:

i) Scope of Services for the Service provider (hereby defined in Section 6)

ii) Detail Commercial proposal of the Service provider accepted by DES (hereby annexed as Annexure

III)

iii) Clarification & Corrigendum Documents published by DES subsequent to the Bid Document for this

work

iv) Bid Document of DES for this work (hereby annexed as Annexure IV)

v) LoI issued by DES to the successful bidder; and

vi) Successful bidder’s “Technical Proposal” and “Commercial Proposal” submitted in response to the

Bid Document.



11) Annexure V: Draft Non-Disclosure Agreement

This Non-Disclosure Agreement ("Non-Disc") is made and entered into _____ day of ______ month

__________ year (effective date) by and between Directorate of Economics & Statistics (“DES) and

________________ ("Company")

Whereas, DES and Company have entered into an Agreement ("Agreement") _________________ effective

_______________ for ____________________________; and

Whereas, each party desires to disclose to the other party certain information in oral or written form which is

proprietary and confidential to the disclosing party, ("CONFIDENTIAL INFORMATION").

NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements contained herein, the

parties agree as follows:

1. Definitions. As used herein:

(a) The term “Confidential Information” shall include, without limitation, all information and materials,

furnished by either Party to the other in connection with citizen/users/persons/customers data,

products and/or services, including information transmitted in writing, orally, visually, (e.g. video

terminal display) or on magnetic or optical media, and including all proprietary information, customer

& prospect lists, trade secrets, trade names or proposed trade names, methods and procedures of

operation, commercial or marketing plans, licensed document know-how, ideas, concepts, designs,

drawings, flow charts, diagrams, quality manuals, checklists, guidelines, processes, formulae, source

code materials, specifications, programs, software packages, codes and other intellectual property

relating to the disclosing party’s data, computer database, products and/or services. Results of any

tests, sample surveys, analytics, data mining exercises or usages etc. carried out by the receiving party in

connection with the DES’s Information including citizen/users/persons/customers personal or

sensitive personal information as defined under any law for the time being in force shall also be

considered Confidential Information.

(b) The term, “DES” shall include the officers, employees, agents, consultants, contractors and

representatives of DES.

(c) The term, “Company” shall include the directors, officers, employees, agents, consultants, contractors

and representatives of Company, including its applicable affiliates and subsidiary companies.

2. Protection of Confidential Information. With respect to any Confidential Information disclosed to it or

to which it has access, Company affirms that it shall:

(a) Use the Confidential Information as necessary only in connection with Project and in accordance with

the terms and conditions contained herein;

(b) Maintain the Confidential Information in strict confidence and take all reasonable steps to enforce the

confidentiality obligations imposed hereunder, but in no event take less care with the Confidential

Information that the parties take to protect the confidentiality of its own proprietary and confidential

information and that of its clients;

(c) Not to make or retain copy of any commercial or marketing plans, citizen/users/persons/customers

database, Proposals developed by or originating from DES or any of the prospective clients of DES

except as necessary, under prior written intimation from DES, in connection with the Project, and

ensure that any such copy is immediately returned to DES even without express demand from DES to

do so;

(d) Not disclose or in any way assist or permit the disclosure of any Confidential Information to any other

person or entity without the express written consent of the other party; and

(e) Return to the other party, or destroy, at DES’s discretion, any and all Confidential Information

disclosed in a printed form or other permanent record, or in any other tangible form (including without

limitation, all copies, notes, extracts, analyses, studies, summaries, records and reproductions thereof)



immediately upon the earlier to occur of (i) expiration or termination of either party’s engagement in

the Project, or (ii) the request of the other party therefore.

(f) Not to discuss with any member of public, media, press, any or any other person about the nature of

arrangement entered between DES and Company or the nature of services to be provided by the

Company to the DES.

3. Onus. Company shall have the burden of proving that any disclosure or use inconsistent with the terms and

conditions hereof falls within any of the following exceptions.

4. Exceptions. These restrictions as enumerated in section 1 of this Agreement shall not apply to any

Confidential Information:

(a) Which is independently developed by Company or lawfully received from another source free of

restriction and without breach of this Agreement; or

(b) After it has become generally available to the public without breach of this Agreement by Company; or

(c) Which at the time of disclosure to Company was known to such party free of restriction and evidenced

by documentation in such party’s possession; or

(d) Which DES agrees in writing is free of such restrictions.

(e) Which is received from a third party not subject to the obligation of confidentiality with respect to such

Information;

5. Remedies. Company acknowledges that (a) any actual or threatened disclosure or use of the Confidential

Information by Company would be a breach of this agreement and may cause immediate and irreparable

harm to DES; (b) Company affirms that damages from such disclosure or use by it may be impossible to

measure accurately; and (c) injury sustained by DES may be impossible to calculate and remedy fully.

Therefore, Company acknowledges that in the event of such a breach, DES shall be entitled to specific

performance by Company of Company’s obligations contained in this Agreement. In addition Company

shall indemnify DES of the actual and liquidated damages which may be demanded by DES. Moreover,

DES shall be entitled to recover all costs (including reasonable attorneys’ fees) which it or they may incur in

connection with defending its interests and enforcement of legal rights arising due to a breach of this

agreement by Company.

6. Need to Know. Company shall restrict disclosure of such Confidential Information to its employees

and/or consultants with a need to know (and advise such employees of the obligations assumed herein),

shall use the Confidential Information only for the purposes set forth in the Agreement, and shall not

disclose such Confidential Information to any affiliates, subsidiaries, associates and/or third party without

prior written approval of the disclosing party.

7. Intellectual Property Rights Protection. No license to a party, under any trademark, patent,

copyright, design right, mask work protection right, or any other intellectual property right is either granted

or implied by the conveying of Confidential Information to such party.

8. No Conflict. The parties represent and warrant that the performance of its obligations hereunder do not

and shall not conflict with any other agreement or obligation of the respective parties to which they are a

party or by which the respective parties are bound.

9. Authority. The parties represent and warrant that they have all necessary authority and power to enter

into this Agreement and perform their obligations hereunder.

10. Dispute Resolution. If any difference or dispute arises between the DES and the Company in connection

with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, any

such dispute shall be referred to Director, DES

(a) The arbitration proceedings shall be conducted in accordance with the (Indian) Arbitration &

Conciliation Act, 1996 & amendments thereof.



(b) The place of arbitration shall be Mumbai.

(c) The arbitrator’s award shall be substantiated in writing and binding on the parties.

(d) The proceedings of arbitration shall be conducted in English language.

(e) The arbitration proceedings shall be completed within a period of 180 days from the date of

reference of the dispute to arbitration.

11. Governing Law. This Agreement shall be interpreted in accordance with and governed by the substantive

and procedural laws of India and the parties hereby consent to the exclusive jurisdiction of Courts and/or

Forums situated at Mumbai, India only.

12. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties,

and supersedes all previous or contemporaneous agreement or communications, both oral and written,

representations and under standings among the parties with respect to the subject matter hereof.

13. Amendments. No amendment, modification and/or discharge of this Agreement shall be valid or binding

on the parties unless made in writing and signed on behalf of each of the parties by their respective duly

authorized officers or representatives.

14. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto

and their respective successors and permitted assigns.

15. Severability. It is the intent of the parties that in case any one or more of the provisions contained in this

Agreement shall be held to be invalid or unenforceable in any respect, such provision shall be modified to

the extent necessary to render it, as modified, valid and enforceable under applicable laws, and such

invalidity or unenforceability shall not affect the other provisions of this Agreement.

16. Waiver. If either party should waive any breach of any provision of this Agreement, it shall not thereby be

deemed to have waived any preceding or succeeding breach of the same or any other provision hereof.

17. Survival. Both parties agree that all of their obligations undertaken herein with respect to Confidential

Information received pursuant to this Agreement shall survive till perpetuity even after any expiration or

termination of this Agreement.

18. Non-solicitation. During the term of this Agreement and thereafter for a further period of two (2) years

Company shall not solicit or attempt to solicit DES’s employees and/or consultants, for the purpose of

hiring/contract or to proceed to conduct operations/business similar to DES with any employee and/or

consultant of the DES who has knowledge of the Confidential Information, without the prior written

consent of DES. This section will survive irrespective of the fact whether there exists a commercial

relationship between Company and DES.

19. Term. Subject to aforesaid section 17, this Agreement shall remain valid till agreement between DES and

service provider is in force.

IN WITNESS HEREOF, and intending to be legally bound, the parties have executed this Agreement to make it

effective from the date and year first written above.

For DES, For Company

________

Name: Name:

Title: Title:

WITNESSES: WITNESSES:

1. 1.

2. 2.



12) Annexure VI: Authorisation letter for attending pre-bid meeting

/ bid opening

(To be provided on the letter head of Bidder)

No………………………………….… Date………………….

To

The Director


Mumbai

Sub: Bid No………….…………………………………… due date………………..

Respected Madam,

We hereby authorize Mr./Ms. ……………………………………….as our authorized representative, to represent

us on the following occasion:-

i. Pre-bid Meeting to be held on …………….. at …………… a.m./p.m.

ii. Bid Opening on ………………. at …………… a.m. /p.m.

Kindly permit him/her to attend the same.

Yours faithfully,

Signature:

Name of signatory:

Designation:

Rubber Stamp: