pre bid clarifications “maintenance of cfst application ...€œmaintenance of cfst application...

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Pre bid Clarifications “Maintenance of CFST Application Software, Hardware other equipment & Facility Management Services”

Transport Department, Govt of Telangana Pre-bid meeting dated 02.09.2016 Pre-bid Clarifications issue date: 06.10.2016

# Page No. & Clause No.

Clause as per Tender Queries / Clarifications sought Remarks / Clarifications Issued

M/s. ETG Global Services Pvt., Ltd., &M/s Keltron

Requested for extension of bid submission date by 2 weeks

Bid Submission Due Date -- 21-10-2016 @03:00 PM

M/s. Raminfo Limited

1 Existing Clause: Page No. 29 S.No.3

Work order copies along with work completion certificate from the client for the successful completion & implementation of software development work to be submitted to support the claim.

We request you to consider work order and self certification to support the claim signed by authorized signatory of the Bidder / company secretory.

No change. As per RFP

M/s. CMS Computer Limited

2 Page No. 10., Clause 2.4.9 and page NO. 20, clause 2.24

Data Center (Head Office) : Application Software Maintenance Engineers(16) .. Network Administrors, System Admn,.Customer Care Help Desk.

As the Help desk and other support requires 24X7X365 and they need to work on shift system, ., the resourses mentioned in the RFP are not sufficient, hence we request to consider to increase the manpower according to the work load.

No Change. As per RFP.

3 Pg. 28. Prequalification criteria., consortium.. And Pg.14., Clause 2.9., Page 28 clause 3.2.a.

Consortium clause. Request to remove consortium.: 1) As per clause 3.2.a.financial turnover criteria, the Turn over reduced to 6 Crores per annum for 3 financial years. Hence, Consortium may not be required. 2) As per clause 2.9., Technology Upgradation.: The service provider should constantly upgrade the technological updates for improving the service performance and intimation to the department. The service provider shall improve the performance with the latest versions.., Further, the Department expects always with one point contact for any

No Change. As per RFP

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updations, hence consortium is not required., There fore, we request not to allow consortium in this case.

4 8. Prequalification Criteria.

Prequalification includes experience in Data center maintenance, AMC includes IT Hard Ware and other non IT equipments, and Bidder must have developed, implemented and maintained atlease one end to end SOA/ n tier application of any central/state govt./PSU in India.

For maintenance of software and Data base it requires atleast CMMi level 3. Hence we request to incorporate the above certifications in the RFP.


5 Page. 28., Prequalification Criteria

a. The bidder (in-case of Single bid) should have annual turnover of Rs. 6 Crore in each of the last 3 financial years i.e. in2 013-14, 2014-15 and 2015-16from IT/ ITeS related Services. b. In case of a Consortium bid, the total turnover of all the members should be more than 6Cr and each consortium member should have minimum annual turnover of Rs. 1.5 Crore in each of the last 3 financial years i.e. in 2013-14, 2014-15 and 2015-16 from IT/ ITeS related Services.

The scope of the work is large and it requires reputed companies to maintain with standards , further, in the earlier RFP the annual turn over was Rs.50 crores,.State bifurcation may not be the criteria to reduce the turn over, as the work load remains same. Hence, We request to please increase the turnover to atleast Rs.50 crores. . and Consortium member turn onver atleast 10 crores .


M/s. Wipro Limited

6 Other Important Information related to Bid-Clause No.5&6 & Page No. 5

Performance Bank Guarantee Within 15 days 7 days of signing of contract receipt of letter of Notification of Award (NoA).


7 -Clause No. 8 & Page No. 5

Period for signing contract Within 10 days from the date of receipt of letter of Notification of Award.

No change. As per RFP.

8 -Clause No. 2.4.18 & Page No. 13

Please insert: Confidential Information shall be designated


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as confidential at the time of disclosure. Confidential Information shall not include information that: (a) was part of the public domain at the time of disclosure or properly became part of the public domain, by publication or otherwise; (b) was rightfully acquired by the SP prior to disclosure by the Customer; (c) was independently developed by SP or its representatives without reference to the Information; or (d) is required to be disclosed by a government agency or by a proper court of competent jurisdiction. Notwithstanding anything contained to the contrary herein, bidder may share contract/ engagement/ project details and relevant documentation to its customers/ prospective customers solely for the purpose of and with intent to evidence and support its experience earned under this Agreement. Any information which is deemed to be confidential and has been shared orally to bidder shall be reduced to writing within 15 days of such disclosure.

9 Intellectual Property Rights (IPR):-Clause No. 2.6 & Page No. 14

The Service Provider has to maintain version control of the modified source code with documentation. The modified source code shall be maintained in escrow account by the department from time to time.

The Service Provider has to maintain version control of the modified source code with documentation. The modified source code shall be maintained in escrow account by the department from time to time.

Read As: The Service Provider has to maintain version control of the modified source code with documentation and should submit the same periodically to the User Department.

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10 Intellectual Property Rights (IPR):-Clause No. 2.6 & Page No. 14

All Intellectual Property Rights (IPR) of the developed Applications along with source codes will be proprietary of Transport Department, Government of Telangana State. The Service Provider has to maintain version control of the modified source code with documentation. The modified source code shall be maintained in escrow account by the department from time to time.

Please insert: No intellectual property rights of any nature shall be transferred from one party to the other in the course of performing any obligations or otherwise under this agreement. For the avoidance of doubt, Wipro may use certain tools, processes or methodologies of its own in performing the Services. Ownership of all intellectual property rights and any other rights in these shall vest with Wipro, and no rights shall be deemed to have accrued to the Customer.


11 Sub-Contract:-Clause No. 2.8 & Page No. 14

No Sub-Contract is permitted except the consortium company.


12 Technology Up gradation:-Clause No. & Page No.

The Service Provider should constantly upgrade the technological updates for improving the Service Performance under intimation to the Department. The Service Provider shall improve the Performance / Service Delivery by updating the current Technology/ Environment with the latest versions

Any update/upgrade may be mutually agreed through a Change Order, however, Service Provider is not under any obligation to provide any upgrade/update

If any system software or server up- gradations will be borne by the department. The Selected Service Provider should facilitate the dept.

13 Terms of Payment:-Clause No.2.15 & Page No. 18

AMC, FM will be paid for the completed quarters. The annual maintenance and repair cost as per separate agreement if any, shall be paid in equal quarterly installments at the end of each quarter as per the rates quoted and agreed.

AMC, FM will be paid for the completed quarters. The annual maintenance and repair cost as per separate agreement if any, shall be paid in equal quarterly installments at the end of each quarter as per the rates quoted and agreed. within 15 days from the date of invoice. If the Bank fails to pay the fees and other payments within the stipulated time, it shall be liable to pay interest at 1.5% per month on such amount of fees and payments that have become due.


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14 Terms of Payment:-Clause No. 2.15 & Page No. 18

The payment shall be made at the end of each quarter on quarterly basis within a month after receipt of invoice and on satisfactory completion of maintenance for each quarter, subject to production of necessary certificates from the authorized person of Transport Department and after deducting the down time penalty, if any, and other recoveries, if any and upon fulfillment of other obligations stipulated in the Contract.

The payment shall be made at the end of each quarter on quarterly basis within a month fifteen (15) days after receipt of invoice and on satisfactory completion of maintenance for each quarter, subject to production of necessary certificates from the authorized person of Transport Department and after deducting the down time penalty, if any, and other recoveries, if any and upon fulfillment of other obligations stipulated in the Contract.


15 Terms of Payment:-Clause No. 2.15 & Page No. 18

The SERVICE PROVIDER shall be entirely responsible for all taxes, duties, license fees, and other such levies.

All fees and other payments required to be made by shall be exclusive of all applicable taxes except for tax assessed on Service Provider's income. In case of any new taxes or levies being attracted to the transaction after the date of submission of response by Service Provider or if any existing taxes or levies are changed thereafter, the same shall be borne by the Department.

Read as : The bidder shall be entirely responsible for all taxes, duties, license fees, and other such levies. In case of any new taxes or levies being attracted to the transaction after the date of submission of response by Service Provider or if any existing taxes or levies are changed thereafter, the same shall be borne by the User Dept. In case there is increase in taxes, the same shall be borne by the Department subject to production of payment. Likewise, if the taxes are reduced, deductions will apply.

16 Obsolescence-Clause No. 2.18 & Page No. 19

Any change that is required due to obsolescence, if acceptable to Service Provider, shall be done through a Change Order on mutually agreed upon terms and conditions.


17 Contract Period:-Clause No. 2.19 & Page No. 19

The bidder should be able to extend the services by another 6 months if desired by the department. However, the department haThe contract Period is for Three Years. The contract

The bidder should be able to extend the services by another 6 months if desired by the department. However, the department The contract Period is for Three Years. The contract Period starts from the date of signing of contract or as notified in the agreement


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Period starts from the date of signing of contract or as notified in the agreement whichever is earlier. The bidder should be able to extend the services by another 6 months if desired by the department. However, the department has right to terminate the contract on a short notice.s right to terminate the contract on a short notice.

whichever is earlier. The bidder should be able to extend the services by another 6 months on mutually agreed terms if desired by the department. However, the department has right to terminate the contract on a short notice.

18 Physical Infrastructure related Service Levels-Clause No. 2.26 & Page No.

>= 99.75% No Penalty <=99.75% to >= 99.00% Medium 1% of the Quarterly payment <=99% to >= 98.00% Medium 2% of the Quarterly payment

>= 99.75% No Penalty <=99.75% to >= 99.00% Medium 0.1% of the Quarterly payment <=99% to >= 98.00% Medium 0.2% of the Quarterly payment


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19 Penalties-Clause No. & Page No.

The total deduction should not exceed 20% of the QGR. · Three consecutive quarterly deductions of more than 20% of the applicable fee on account of any reasons will be deemed to be an event of default and termination. · The certifications would be obtained by the service provider latest by end of third Quarter of the Operations phase failing which the subsequent QGRs will deferred till the certifications is obtained. · Bidder has to make alternate arrangements for leave/resignation/reassignment of FM personnel and intimate the same to SSL at least a week in advance. A penalty of Rs. 1000.00 per day per personnel towards absence will be imposed, if suitable replacement is not given (with the qualification & experience). Also to service the most obsolete or discontinued model as well. Vendor shall be liable for any loss or damage to the scheduled equipment caused due to negligence of the bidder during the contract period. · If bidder fails to carry out preventive maintenance during the quarter, 50 % of QMC for that machine /equipment shall be levied as penalty

The total deduction should not exceed 20% 5% of the Quarterly Invoice Value QGR. · Three consecutive quarterly deductions of more than 20% of the applicable fee on account of any reasons will be deemed to be an event of default and termination. · The certifications would be obtained by the service provider within latest by end of third Quarter of the Operations phase failing which the subsequent QGRs will deferred till the certifications is obtained. · Bidder has to make alternate arrangements for leave/resignation/reassignment of FM personnel and intimate the same to SSL at least a week in advance. A penalty of Rs. 1000.00 per day per personnel towards absence will be imposed, if suitable replacement is not given (with the qualification & experience). Also to service the most obsolete or discontinued model as well. Vendor shall be liable for any loss or damage to the scheduled equipment caused due to negligence of the bidder during the contract period. · If bidder fails to carry out preventive maintenance during the quarter,5% 50 % of QMC for that machine /equipment shall be levied as penalty


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20 Pre Qualification Criteria-Clause No. & Page No.

Work order copies along with work completion certificate from the client for the successful completion & implementation of software development work to be submitted to support the claim

Without work order keeping in mind confidentiality obligation with customers.

No change. As per RFP Alternatively, if the Bidders are bound by Confidentiality clause, then alternate supporting documents showcasing the Project Details and value of the work be produced for evaluating the bid document.

21 Pre Qualification Criteria-Clause No. & Page No.

The Prime bidder/Consortium member should not have been black listed by any State Government, Central Government or any other Public Sector undertaking or a Corporation or any other Autonomous Organization of Central or State Government as on bid calling date.

The Prime bidder/Consortium member should not have been black listed by any State Government, Central Government or any other Public Sector undertaking or a Corporation or any other Autonomous Organization of Central or State Government in India as on bid calling date.


22 Pre Qualification Criteria-Clause No. & Page No. 30

Deviation from this shall be treated as termination of contract and shall attract the liability as specified in the Tender.

Request to delete No change. As per RFP

23 Corrupt fraudulent practices-Clause No. 5.16 & Page No. 44

TSTS will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for, or in executing, Contract(s).

TSTS will reject a proposal for award if it is established by a court of competent jurisidctiondetermines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for, or in executing, Contract(s).


24 Contract and Interpretation-Clause No. 6.1 & Page No. 48

Applicable Law means the Contract shall be interpreted in accordance with the laws of the Client’s country, unless otherwise specified RFP.

Applicable Law means the Contract shall be interpreted in accordance with the laws of the Client’s countrythat is applicable to the respective Party, unless otherwise specified RFP.


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25 Contract and Interpretation-Clause No. 6.1 & Page No. 49

Incidental services means those services ancillary to the supply of the goods and services, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training and other such obligations of the SP covered under the contract.

Request to delete the clause No change. As per RFP

26 Codifidentiality - Clause No. 6.2 & Pg.No. 49

The SP must maintain absolute confidentiality of the documents/maps/tools collected in any form including electronic media and any other data/information provided to him for the execution of the work. The SP should not use the Project data for any purpose other than the scope of work specified in the document and added/amended before signing the contract. The SP must remove/destroy the entire data from his custody after completion of the warranty period. If at any stage it is found that the SP is using the data provided by the client any time during the contract execution or after completion of the contract for any other purposes, stringent legal action will be initiated as per applicable law of land and the contract will be terminated without assigning any reasons.

The SP must maintain absolute confidentiality of the documents/maps/tools collected in any form including electronic media and any other data/information provided to him for the execution of the work. The SP should not use the Project data for any purpose other than the scope of work specified in the document and added/amended before signing the contract. The SP must remove/destroy the entire data from his custody after completion of the warranty period. If at any stage it is found that the SP is using the data provided by the client any time during the contract execution or after completion of the contract for any unauthorized other purposes, stringent legal action will be initiated as per applicable law of land and the contract will be terminated without assigning any reasons. .Notwithstanding anything contained to the contrary herein, bidder may share contract/ engagement/ project details and relevant documentation to its customers/ prospective customers solely for the purpose of and with intent to evidence and support its experience earned under this Agreement. 2. Any information which is deemed to be confidential and has been shared orally to bidder shall be reduced to writing within 15


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days of such disclosure.

27 Indemnification-Clause No. 6.4 & Page No. 50

The SP shall, at its own expense, defend and indemnify the Client against all third-party claims of infringement of intellectual property rights, including patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in the Client’s country.

The SP shall, at its own expense, defend and indemnify the Client against all third-party claims of infringement of intellectual property rights, including patent, trademark, copyright, trade secret or industrial design rights arising from provision of services use of the products or any part thereof in the Client’s country which is attributable to SP. Please insert: SP shall not have any liability to Client under this section to the extent that any infringement or claim thereof is attributable to: (1) the combination, operation or use of a Deliverable with equipment or software supplied by Client where the Deliverable would not itself be infringing; (2) compliance with designs, specifications or instructions provided by Client; (3) use of a Deliverable in an application or environment for which it was not designed or contemplated under this Agreement; or (4) modifications of a Deliverable by anyone other than SP where the unmodified version of the Deliverable would not have been infringing. SP will completely satisfy its obligations hereunder if, after receiving notice of a claim, SP obtains for Client the right to continue using such Deliverables as provided without infringement, or replace or modify such Deliverables so that they become non-infringing.


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28 Bid Security, Payments, Guarantees and Liabilities-Clause No. 6.5 & Page No. 51

The EMD may be forfeited:· If a SP withdraws his bid or increases his quoted prices during the period of bid validity or its extended period, if any; or· In the case of a successful SP if the SP fails to sign the contract for any reason not attributable to the TSTS or to furnish Performance Bank Guarantee within specified time in accordance with the format given in the RFP.

The EMD may be forfeited:· If a SP withdraws his bid or increases his quoted prices during the period of bid validity or its extended period, if any; or· In the case of a successful SP if the SP fails to sign the contract on mutually agreed upon terms and conditions for any reason not attributable to the TSTS or to furnish Performance Bank Guarantee within specified time in accordance with the format given in the RFP.



The bid security may be forfeited: a. If a SP withdraws its bid during the period of bid validity or b. In the case of a successful SP, if the SP fails: ü To Sign the contract in time or ü To furnish performance security.

The bid security may be forfeited: a. If a SP withdraws its bid during the period of bid validity or b. In the case of a successful SP, if the SP fails: ü To Sign the contract in time on mutually agreed upon terms and conditions or ü To furnish performance security.



The PBG shall be valid till the end of three months after the expiration of contract period and should be in the format prescribed in this RFP.

The PBG shall be valid till the end of three months after the expiration during the term of contract period and should be in the format prescribed in this RFP.


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31 Taxes and Duties-Clause No. & Page No. 53

The bidder shall be entirely responsible for all taxes, duties, license fees, and other such levies.

All fees and other payments required to be made by shall be exclusive of all applicable taxes except for tax assessed on Service Provider's income. In case of any new taxes or levies being attracted to the transaction after the date of submission of response by Service Provider or if any existing taxes or levies are changed thereafter, the same shall be borne by the TSTS.

Read as : The bidder shall be entirely responsible for all taxes, duties, license fees, and other such levies. In case of any new taxes or levies being attracted to the transaction after the date of submission of response by Service Provider or if any existing taxes or levies are changed thereafter, the same shall be borne by the User Dept. Please refer clause 5.22 in RFP. In case there is increase in taxes, the same shall be borne by the Department subject to production of payment. Likewise, if the taxes are reduced, deductions will apply.

32 Liquidated damages-Clause No. 6.5 & Page No. 53

If the SP fails to deliver Services or install any or all of the systems or if any of the services fail to gain Acceptance within the period(s) specified in the Contract, the Client shall, without prejudice to its other remedies under the Contract, deduct from the performance security, as liquidated damages, a sum equivalent to the percentage of the Contract price specified in SCC. Once the maximum is reached, the Client may consider termination of the Contract. If delivered or installed goods and/or Services cannot be put to use without the undelivered goods/Services, the damages will be calculated using the total price of the goods/services that cannot be put to use.

Request to Delete. No change. As per RFP

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33 Termination for default-Clause No. 6.6 & Page No. 53

The Client, without prejudice to any other remedy for breach of Contract, may terminate this Contract in whole or in part by giving 30 days advance notice; if the SP fails to deliver any or all of goods/services or to install any or all of the Systems within the period(s) specified in the Contract, or within any extension thereof granted by the Client or if he fails to perform any other significant obligations(s) under this contract. In the event the Client terminates the Contract in whole or in part, the Client may procure, upon such terms and in such manner as it seems appropriate, goods/services similar to those undelivered, and the SP shall be liable to the Client for any excess costs for those similar goods or Services. However, the SP shall continue performance of the contract to the extent not terminated.

The Client, without prejudice to any other remedy for breach of Contract, may terminate this Contract in whole or in part by giving 30 days advance notice in writing ; if the SP fails to deliver any or all of goods/services or to install any or all of the Systems within the period(s) specified in the Contract along , or within any extension thereof granted by the Client or if he fails to perform any other significant obligations(s) under this contract. In the event the Client terminates the Contract in whole or in part, the Client may procure, upon such terms and in such manner as it seems appropriate, goods/services similar to those undelivered, and the SP shall be liable to the Client for any excess costs for those similar goods or Services provided that the liability in such an event shall not exceed 5% of the charges otherwise payable to the service provider had this clause not been invoked. . However, the SP shall continue performance of the contract to the extent not terminated. The Service provider will be paid for services rendered until the effective date of termination.

The Service provider will be paid for services rendered until the effective date of termination subject to submission of the Project Deliverables as on termination date and satisfactory certification by the User Dept.

34 Termination for insolvency.-Clause No. 6.7 & Page No. 54

The Client may at any time terminate the Contract by giving written notice to the SP, if they become bankrupt or otherwise insolvent. In this event, termination will be without compensation to the SP, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Client.

The Client may at any time terminate the Contract by giving written notice of not less than 30 days to the SP, if they become bankrupt or otherwise insolvent. In this event, termination will be without compensation to the SP, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Client. However, the Client shall pay the SP all the outstanding dues for the goods or services delivered


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35 Force Majure-Clause No. 6.14 & Page No. 55

If a Force Majeure situation arises, the SP shall promptly notify the Client in writing of such condition and the cause thereof. Unless otherwise directed by the Client in writing, the SP (SP) shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

If a Force Majeure situation arises, the SP shall promptly notify the Client in writing of such condition in reasonable time and the cause thereof. Unless otherwise directed by the Client in writing, the SP (SP) shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

Agreed

36 Inspections and Acceptance Test-Clause No. 6.14 & Page No. 55 Warranty & Maintenance-Clause No. 6.15 & Page No. 56

· The SP shall warrant that the portal platform to be customized during the project tenure. · The warranty shall remain valid for 6 months after the successful Implementation and acceptance by the department. The support period shall begin post completion of warranty period of 6 months. · Service Provider will depute a Resident Engg. at dept for 6 months during the warranty period for the purpose of system administration & maintenance, trouble shooting, bug fixing and rectification or any other problems related to the portal. · The CV of the proposed Resident Engg. will be given to dept for evaluation and confirmation in advance. The Resident Engg. will be deployed after this confirmation. Post 6 months, the support will be required “on call basis”. · If the SP, having been notified, fails to remedy the defect(s) within

· The SP shall covenant warrant that the portal platform to be customized during the project tenure. · The warranty shall remain valid for 3 6 months after the successful Implementation and acceptance by the department. The support period shall begin post completion of warranty period of 3 6 months. · Service Provider will depute a Resident Engg. at dept for 3 6 months during the warranty period for the purpose of system administration & maintenance, trouble shooting, bug fixing and rectification or any other problems related to the portal. · The CV of the proposed Resident Engg. will be given to dept for evaluation and confirmation in advance. The Resident Engg. will be deployed after this confirmation. Post 36 months, the support will be required “on call basis”. · If the SP, having been notified, fails to remedy the defect(s) within a reasonable period, as per response and resolution time defined in the table below, and in any case takes more than 15 7 working days for resolution, the dept. may proceed to take such


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a reasonable period, as per response and resolution time defined in the table below, and in any case takes more than 7 working days for resolution, the dept. may proceed to take such remedial action as may be necessary, at the Service Provider risk and expense and without prejudice to any other rights which the dept. may have against the SP under the contract.

remedial action as may be necessary, at the Service Provider risk and expense to the extent of 5% of thecharges payable to the service provider and without prejudice to any other rights which the dept. may have against the SP under the contract.

37 Service Provider’s Obligations-Clause No. 6.16 & Page No. 56

The will abide by the job safety, insurance, customs and immigration measures prevalent and laws in force in the Client’s country, and will indemnify the Client from all demands or responsibilities arising from accidents or loss of life.

The will abide by the job safety, insurance, customs and immigration measures prevalent and laws in force in the Client’s country, and will indemnify the Client from all demands or responsibilities arising from accidents or loss of life that is due to the gross negligence of Service Provider.


38 Service Provider’s Obligations-Clause No. 6.16 & Page No. 56

The SP is responsible for, and obligated to conduct all contracted activities with due care and diligence, in accordance with the Contract and using state of the art methods and economic principles, and exercising all reasonable means to achieve the performance specified in the Contract.

The SP is responsible for, and obligated to conduct all contracted activities with due care and diligence, in accordance with the Contract and using state of the art methods and economic principles, and exercising all reasonable means to achieve the performance specified in the Contract.


39 Bid Form-Clause No. 1 & Page No. 59

Having examined the Bidding Documents, the receipt of which is hereby acknowledged, we, the undersigned, offer to develop and implement the solution, submit deliverables under the above-named Contract in full conformity with the said Bidding Documents

Having examined the Bidding Documents, the receipt of which is hereby acknowledged, we, the undersigned, offer to develop and implement the solution, submit deliverables under the above-named Contract in full conformity with the said Bidding Documents and subject to deviations submitted for the sum of:


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for the sum of:

40 Bid Form-Clause No. 1 & Page No. 59

4. We have read the provisions of bid and confirm that these are acceptable to us. 5. We further declare that bid is unconditional. Until the formal final Contract is prepared and executed between us, this bid, together with your written acceptance of the bid and your notification of award, shall constitute a binding contract between us.

4. We have read the provisions of bid and confirm that these are acceptable to us except for the deviations submitted along with this bid. 5. We further declare that bid is unconditional. Until the formal final Contract is prepared and executed between us, this bid, together with your written acceptance of the bid and your notification of award, deviations submitted along with this bid, shall constitute a binding contract between us.


41 Savings Clause - New

SP’s failure to perform its contractual responsibilities, to perform the services, or to meet agreed service levels shall be excused if and to the extent SP's performance is affected , delayed or causes non-performance due to Client's omissions or actions whatsoever (including without limitation, ensuring site readiness for performance of Services).

No change as per RFP

42 Deemed Acceptance - New Clause

Services and/or deliverables shall be deemed to be fully and finally accepted by Client in the event when Client has not submitted its acceptance or rejection response in writing to SP within 15 days from the date of installation/commissioning or when Client uses the Deliverable in its business, whichever occurs earlier. Parties agree that SP shall have 15 days time to correct in case of any rejection by Customer.


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43 Limitation of Liability- New Clause

Notwithstanding anything to the contrary elsewhere contained in this or any other contract between the parties, neither party shall, in any event, be liable for (1) any indirect, special, punitive, exemplary, speculative or consequential damages, including, but not limited to, any loss of use, loss of data, business interruption, and loss of income or profits, irrespective of whether it had an advance notice of the possibility of any such damages; or (2) damages relating to any claim that arose more than one year before institution of adversarial proceedings thereon. Subject to the above and notwithstanding anything to the contrary elsewhere contained herein, the maximum aggregate liability of SP for all claims under or in relation to this Agreement, shall not exceed the fees received by SP under this Agreement during the three months preceding the date of such claim.


44 Non Hire- New Clause

Client agrees that for the term of this Agreement and for a period of one (1) year thereafter, Client will not directly or indirectly, recruit, engage, solicit, discuss employment with, hire, employ or engage any SP personnel assigned to Client currently or within the previous one (1) year, or induce any such individual to leave the employment of SP.


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45 Termination- New Clause

Either Party shall have the right to terminate this Agreement at any time: With Cause – in the event that the other party commits a material breach of the Agreement and fails to cure such default to the non-defaulting party’s reasonable satisfaction within thirty (30) days. In the event of termination by owner, the Service Provider shall be paid for the: 1. goods delivered 2. services rendered 3. work in progress 4. unpaid AMCs 5. third party orders in pipeline which cannot be cancelled despite Service Provider's best efforts 5. unrecovered investments shall be paid by Client as per termination scheduletill the date of termination.


46 Change Orders- New Clause

Either party may request a change order (“Change Order”) in the event of actual or anticipated change(s) to the agreed scope, Services, Deliverables, schedule, or any other aspect of the Statement of Work. Service Provider will prepare a Change Order reflecting the proposed changes, including the impact on the Deliverables, schedule, and fee. In the absence of a signed Change Order, Service Provider shall not be bound to perform any additional services.

As per Clause 2.13. vii - The Bidder can "recommend changes to improve systems and network configurations and determine hardware and software requirements related to such changes." However, the User Dept shall have the sole right for requesting any Çhange Order' to the system. Please refer clause- 2.4 - The Service Provider has to maintain the existing 3-tier Application software and undertake change management if any, as per the department requirement from time to time.

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47 Penalty - New Clause

Business /Delivery to check each and every SLA/Penalty hereunder and comment accordingly. The aggregate penalty that can be deducted in the quarter shall be restricted to a maximum of 5% of the service charges payable to Service Provider for that quarter.


48 2.4.4 Change Management-Clause No.- & Page No. 9

We understand that changes will be limited to CSFT application. As source code of Vahan, Saradhi and KMS application is with NIC, changes will not be required for these applications. Any patches and product upgrades from them will be provided by NIC>. Please confirm.

The changes will be limited to CSFT application Only, but the data proting from CFST database to Vahan, Saradhi shall be responsibility of the Service Provider. The scripts are already available with the Department for porting the data. If any changes required Service Provider shall attend to it as and when required.

49 2.4.4 Change Management- Page No. 9

We understand that any bug-fix, changes and enhancements will be as per the bandwidth available of the Team 3 software developers. Incase a team ramp-up is required for major changes and quicker deliveries, same will be at additional costs. Please confirm

Bidders may note that as per clause 2.4.9, The Facilitator shall deploy more manpower as and when required by Transport Department on proportionate cost basis.

50 2.4.12 Mobilization Period and Transition Period- Page No. 11

We understand that we will get 2 months of transition period from existing vendor. The same is different from mobilization period which is defined as time-frame to put the team in place. Please confirm

Mobilization period is 4 weeks from date of signing of Contract Agreement.

51 2.7.B Working Hours- Page No. 14

The CFST Application team viz. Team Lead, 3 developers and 5 support executives will be working from Monday to Friday, 9.30 AM to 6.00 PM. Please confirm



Will the CFST Application required to work on Saturdays or alternate Saturdays. Please confirm

CFST Application should be available to the users for 24 hours x 7 Days. The working days are already mentioned in 2.7.B at page 14 of RFP.

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We understand that there are no batch-jobs or monitoring activitity to be performed at night-shifts. Please confirm

Network and Server Monitoring should be performed at Nights also.

54 2.7.B Working Hours-Page No. 14

Since the application team is working in general shift, no night shift and holiday support is expected for CFST application. Please confirm.

The working days and other conditions are already mentioned in 2.7.B at page 14 of RFP.

55 2.9 Technology Upgradation- Page No. 14

We understand that any upgrades will be as per the bandwidth available of the Team 3 software developers. Incase a team ramp-up is required for upgrades, same will be at additional costs. Please confirm

The identified service provider shall deploy more manpower as and when required by Transport Department on proportionate cost basis. Bidders may note that as per clause 2.4.9, The Facilitator shall deploy more manpower as and when required by Transport Department on proportionate cost basis.

56 2.14 Qualification of Support Engineers- Page No. 17

Request that the qualification of Support Engineer be relaxed to any graduates. B.E's and likewise have higher career aspirations and are prone to higher attritions.


57 2.14 Qualification of Support Engineers- Page No. 17

Request that the MCSE / Oracle certifcation be a good to have skill for support engineers and not a mandatory skill


58 Tickets Logs We understand that 10000 tickets were logged for CFST application - last year. Can you please share the ticket logs?

The Bidders to note that the Application is in operation from last 3 years and is stabilized. The ticket logs will be shared with the identified Service Provider.

59 2.28 SLA's- Page No. 23

All SLA's will be measured and applicable for business hours. Please confirm.


60 2.28 Application Related SLA's- Page No. 23

The resolution time for No Change. As per RFP

a. Critical tickets is 2 hours

b. Medium tickets is 8 hours (since team is working in business hours)

c. Low tickets is 16 hours (since team is working in business hours)

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Kindly request this be revisited as per industry standards

61 2.28 Applicated Related SLA's- Page No. 23

Since application support team will be working in general shift and to ensure that critical (Severity 1) issues are attended 24*7, remote support will be available to application support team.


62 2.28 Application Availability - Page No. 23

We understand that CFST architecture is as below - 1. Application in active-passive mode 2. Database in active-passive mode 3. No DR but same will be implemented soon Please Confirm

1. Application in Active-Active mode which is in Load Balancer 2. Database in Active Mode (Single Server is using for Database) 3. At present there is no DR available, but the department is plannig to implement the DR. The Service Provider should facilitate the installation of DR as when required.

63 2.28 Application Availability SLA- Page No. 23

Inorder to commit a 99.75% availability SLA, it is recommended that CFST application and its database are deployed in an active-active mode. However currently the system is implemented in active-passive mode. Hence application availability needs to be revisited. Likewise currently there is no DR in place.

The new Service Provider needs to undertake the proposed implementation.

64 Request the SLA for application availability be finalized and agreed upon post the SI completing the system study.


65 2.28 Application Availability SLA-Page No. 23

Inorder to commit a 99.75% availability SLA, it is essential that automated application monitoring tools (APM tools) are deployed to raise alerts when the systems go down or services fail.

Presently there are no APM tools are available. It is the responsibility of the Service Provider to maintain the Application to achieve the SLA.

a. Please suggest the current APM tools deployed.

b. If not, will TSTS provide an APM tool?

c. If not, is SP to bring-in and factor costs for an APM tool?

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66 2.29 Penalties- Page No. 24

The cap on penalty for SLA's at 20% is high. Kindly request this to be capped at 10%. (Also SLA's are stringent and the team composition of 5 support engineers has been defined by TSTS)


66 2.29 Penalties - Leaves-Page No. 24

Please suggest the sick leaves and emergency leaves that can be availed by onsite personnel.

Bidder has to make alternate arrangements for leave/resignation/reassignment of FM personnel and intimate the same to the Department.

66 6.15 Implementation and Warranty- Page No.56

We understand that CFST system is already implemented and the RFP is for support and changes in same. Hence please explain in detail the expectation from "The warranty shall remain valid for 6 months after the successful Implementation and acceptance by the department. The support period shall begin post completion of warranty period of 6 months"


66 6.15 Implementation and Warranty-Page No. 56

Please explain in detail on the expectation from "Service Provider will depute a Resident Engg. at dept for 6 months during the warranty period".


67 Form C3-Page No. 81

Form C3 has a clause "The requirements mentioned are indicative and the service provider should deploy adequate resources to meet the SLA requirements."

The identified service provider shall deploy more manpower as and when required by Transport Department on proportionate cost basis. Bidders may note that as per clause 2.4.9, The Facilitator shall deploy more manpower as and when required by Transport Department on proportionate cost basis.

Whereas on page 10, section 2.4.9 it is stated that "The Facilitator shall deploy more manpower as and when required by Transport Department on proportionate cost basis."

Both clauses are contradictory statements. Request that the Form C3 clause be deleted as it is contradictory to the structure of the rest of the RFP. Across the RFP TSTS has dictated the total number of resources to be deployed.

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68 -Clause No. 2.4 & Page No. 8

2.4 centralized toll free call centre Please confirm if the department provides all the necssary infratsructure (Seating, Desktops,Laptops, Telephony, Toll free setup, Internet Connectivity etc.) for setting up of a Central Call desk for handling Internal IT Issues of the Department ?

The Department is presently having three BSNL land line for Call Desk as Transport Commissioner's Office at Hyderabad. The Service Provider has to utilise the same for call centre. 69 -Clause No. 2.4 &

Page No. 8 2.4 centralized toll free call centre What will be the location of the Centralized

Call centre, Is it Hyderabad ?

70 -Clause No. 2.4.1.e & Page No. 9

Maintain & upgrades, patches for Anti-virus (800 users approximately)

Please confirm,Is this Antivirus related to End user systems? And will the Dept provides the End user Antivirus Management tool ? And what is the existing tool in the environment

Selected Service Provider should provide any standard Antivirus tool. There are approximately 800 Users in the department duly factoring the cost component.

71 -Clause No. 2.4.1.e & Page No. 9

Maintain & upgrades, patches for Anti-virus (800 users approximately)

If Symantec tool is already in use for Anti virus Management, request the dept to share the last yr license certificate copy or OEM renewal ID or serial numbers, as the OEM is asking for the same, when we are approaching them for Cost quotation


Management and Maintenance of Network by checking & managing network status and taking remedial action in case of problems.

Our understanding is that the Dept will provide the Network Monitoring Tool, Please confirm.

It is the responsibility of the Service Provider to have required NMS tools for the monitoring of the Network.


Backup of the data as per the backup policy defined by Transport Department/ GoTS

Request Dept to provide the Backup policy of the Transport Department

As per RFP 2.4.19 page no:13


Backup of the data as per the backup policy defined by Transport Department/ GoTS

Is there any software for Backup Process ? If so , what is it ? And what is the number of Backup servers, Tape drives and Tape libraries

Software provided with the Tape Library is being utilised. One Backup Server, one Tape library with one Tape drive is available with the dept.


Virus protection to the IT infrastructure.

Please confirm, if there is any centralised Anti virus Management tool for servers and If yes, will that be provided to the bidders?

The service provider has to procure the same.

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Helpdesk personnel no-2 Request Dept to reconsider the Number of Helpdesk Personnel to Manage 24X7 operations. Any Service provider would require Minimum of 5 Personnel to manage Shift Rooster and to adhere to Govt Labour Laws

No change as per RFP. Please refer clause 2.4.9 of RFP.


Total number of FM personnel required by the department is 126--

Request the department to reconsider the number of FM personnel Being deployed, Additional resources (1 Technical support enginners Lead, 1 Security Administrator, 1 Network Administrator, 1 System Administrator and 3 Helpdesk Personnel) would be required to Manage the SLA and Also to ensure Governance


Database Management What is the currently used Database Management softwarev? Databased architecture. Required

Will be informed to the identified Service Provider at the time of Contract Agreement.


Mobilization period is 2 weeks from date of signing of contract

Mobilization period of 8 weeks to be considered for effective and quality transition processes before the Go-live date

Mobilization period is 4 weeks from date of signing of Contract Agreement.

80 -Clause No. 2.4.14 & Page No.11

For each hardware and software component installed, the Vendor may be required to train the designated user personnel to enable them to effectively operate the total system

Please provide more details on the Training which should be given to the User Personnel and the no of users to be trained. This would be important for us to Arrive at the commercials.

Details will be shared with the identified service provider as and when required during the project tenure. Please refer clause - 2.4.14 of RFP.


co-ordinate with different Service Providers of network and rectify the problem at the earliest.

Request department to provide details of Service providers, with whom the cordination has to be done by the bidder.


IT Security List of Antivirus and security solution implemented before. No of users required

Selected Service Provider should provide any standard Antivirus tool. There are approximately 800 Users in the department.

83 Page No. 14 Please provide the Servers Architechture daigram and connectivity is required

The architecture will be shared with the identified Service Provider.

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DC DR details required and type of clustering is required

Will be shared with the identified Service Provider.

85 -Clause No. 2.9 Technology Upgrade What is the expctation of the dept ? Is it that the tools for service delivery needs to be upgraded as part of Facility Management ?

Yes The Service Provider may suggest the technology upgrades to improve the performance as and when required.

86 -Clause No.2.14 Qualifications of the Facility Management Personnel

Please provide the working hours of each of the resources mentioned in the Table.

The working days and other conditions are already mentioned in 2.7.B at page 14 of RFP.

87 -Clause No. 2.24 & Page No.21

The resolution time shall vary based on the severity of the incident reported at the help desk.The resolution time shall vary based on the severity of the incident reported at the help desk.

What is the resolution time proposed for each Severity ? Request department to declare the Resolution times

Please refer the SLA clause in RFP.

88 -Clause No. 2.4.16 & Page No.12

Network Management Is there a redundancy in network Connectivity Devices at Head office ?, Failover switch availability or dual switch Configuration ?. Plase confirm

Redundancy Network Connectivity Devices are avaialable at Head Office. Failover Switch is available.


FM Personnel Statement of personnel to be deployed can be provided except for Technical support engineer, customer care personnel and Data entry operators which are huge in nos

No change as per RFP.

90 -Clause No.2.27 & Page No. 23

VA &PT Please confirm, if the dept will provide the Tool for VA/PT ?

Selected Service Provider has to provide the tool.

91 -Clause No.2.27 & Page No. 23

Database Security : SIEM, Log Management

Is the SIEM tool already in place ?

92 Ø Most of the Non IT devices are above 6 years and some are beyond 8 years as well, Hence End of life replacement plan to be clarified. Ø Need to get the clarity on life cycle management scope in this RFP, as most of these devices are almost EOL/EOS.

The Department is continously upgrading its infrastructure in phases. The End of Life equipements shall also be replaced in due course of time.

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93 Ø Non IT manpower part is not specified anywhere. This needs to be clarified.

Non-IT manpower is not in the scope of the bidder.

94 Ø Preventive maintenance to be carried out once in a month.( Page 25 of 139). To be clarified. If possible to be changed as quarterly/OEM recommendations.

Agreed. The preventive maintainance to be carried once in a Quarter and submit the PM Reports to the User Department.

95 Ø Diesel for DG sets are not mentioned in exclusions list. this needs to be added in Exclusions list.

Diesel for DG Sets will be provided by the Department.

96 Ø DG batteries also covered in this scope as this is not mentioned in the Exclusions list. Need clarification

DG batteries will be provided by the Department.

97 Ø DG consumables for B-check, C-check, etc. are also not mentioned in exclusions. Need clarification.

A-Check, B-Check and C-Check etc., will be the responsibility of the Service Provider.

M/s. Netxcell Ltd

98 Section 3, point.3 / 29

The Prime bidder/Consortium member must have developed, implemented and maintained at least ‘one’ end to end SoA/ n-tier application of value Rs.1cr and above for any Central/State Government / PSU in India in last 3 years i.e. in 2013-14, 2014-15 and 2015-16. AND The Prime bidder/Consortium member must have experience of providing at least 50 members of Technical support manpower as Facility Management Services to any Central/State Government / PSU in India in last 3 years i.e. in 2013-14, 2014-15 and 2015-16

Request to consider: The Prime bidder/Consortium member must have developed, implemented and maintained at least ‘one’ end to end SoA/ n-tier application of value Rs.1cr and above for any Central/State Government / PSU/ Reputed private organization in India in last 3 years i.e. in 2013-14, 2014-15 and 2015-16. AND The Prime bidder/Consortium member must have experience of providing at least 50 members of Technical support manpower as Facility Management Services to any Central/State Government / PSU in India as on bid calling date.


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99 Annexure I / Pg.83 Existing Assets Details As per Annexures, age of some of Desktops, Servers, Routers, Modems, Switches, Scanners, Laser Printers, UPS / batteries, ACs having more than 8 years. However lifecycle of these items may be completed. AMC cost for this items may cost high, even though frequently will cause problems & it is difficult to get spare parts also. Hence, it is requested to the department to replace these items with new hardware & successful bidder is the responsible for further maintenance.


100 2.4.17. / Pg.12 IT Security Please provide the existing Antivirus details. If not available with Department, who will bear cost of purchase of licensed antivirus.

Selected Service Provider should provide any standard Antivirus tool. There are approximately 800 Users in the department duly factoring the cost component.

101 General BSNL leased lines Plz clarify, whether charges for leased lines will be the responsibility of Service provide or dept?

Shall be borne by the Dept.,

M/s. Karvy Data Management

102 Page 40, Evaluation Criteria i

Experience in providing AMC services to at least ‘1’ Data centre in last 3 years for any Central/State Government / PSU/ Reputed Private Organizations India in last 3 years i.e. in 2013- 14, 2014-15 and 2015-16 Bidder with maximum number of projects (maximum capped to 4 projects) shall be awarded full 10 marks and the others shall be awarded marks on relative (prorata) basis. Satisfactory performance certificate from Client for the projects claimed should be showcased. Projects without client

Request to amend the clause as: Experience in providing AMC services to at least ‘1’ Data centre in last 3 years for any Central/State Government / PSU/ Reputed Private Organizations India in last 3 years i.e. in 2013-14, 2014-15 and 2015-16 Bidder with maximum number of projects (maximum capped to 2 projects) shall be awarded full 10 marks and the others shall be awarded marks on relative (prorata) basis. Satisfactory performance certificate from Client for the projects claimed should be showcased. Projects without client certificate will not be awarded


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certificate will not be awarded. Weightage 10 marks

103 Page 40, Evaluation Criteria ii

Experience in development, implementation and maintenance of at least ‘one’ end to end SoA/ n-tier application of value Rs.1cr and above for any Central/State Government / PSU in India in last 3 years i.e. in 2013-14, 2014-15 and 2015-16 Bidder with maximum number of projects (maximum capped to 4 projects) shall be awarded full 10 marks Satisfactory performance certificate from Client for the projects claimed should be showcased. Projects without client certificate will not be awarded.

Request to amend the clause as: Experience in development, implementation and maintenance of at least ‘one’ end to end SoA/ n-tier application of value Rs.1cr and above for any Central/State Government / PSU/Banking/Private sector in India in last 3 years i.e. in 2013- 14, 2014-15 and 2015-16 Bidder with maximum number of projects (maximum capped to 2 projects) shall be awarded full 10 marks Satisfactory performance certificate from Client for the projects claimed should be showcased. Projects without client certificate will not be awarded.


104 Page 40, Evaluation Criteria iii

Experience in providing at least 50 members of Technical support manpower as Facility Management Services to any Central/State Government / PSU in India in last 3 years i.e. in 2013- 14, 2014-15 and 2015-16. Bidder with maximum number of projects (maximum capped to 4 projects) shall be awarded full 10 marks and the others shall be awarded marks on relative (prorata) basis. Satisfactory performance certificate from Client for the projects claimed should be showcased. Projects without client certificate will not be awarded.

Request to amend the clause as: Experience in providing at least 50 members of Technical support manpower as Facility Management Services to any Central/State Government / PSU in India in last 3 years i.e. in 2013-14, 2014-15 and 2015- 16. Bidder with maximum number of projects (maximum capped to 2 projects) shall be awarded full 10 marks and the others shall be awarded marks on relative (prorata) basis. Satisfactory performance certificate from Client for the projects claimed should be showcased. Projects without client certificate will not be awarded.


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M/s. Akshara Enterprises

105 Pg.No. 28 Pt.No.1 Bidder (Prime & Consortium) must have an IT company registered under companies Act, 1956 & also registered with the Service Tax authorities and must have completed 5 years of existence as on Bid calling date.

Bidder (Prime / Consortium) must have an IT company registered under companies Act, 1956 & also registered with the Service Tax authorities and must have completed 5 years of existence as on Bid calling date.

Agreed

M/s Netcon Technologies

107

Refer: 2.1 – Since this is designed in centralized service oriented architecture (SOA) web based application.

1. Do we need to install any utility in client machine?

Yes (There are 2 Windows Applications for Photo capturing & Card Printing)

2. Do the Client machine have any requirement to access/submitting data with Server?

No

3. Only accessing through browser and no client side validation?

No client side validations required

108

Considering 3 tier , Do we have to use any framework

1. For presentation tier (front end) No

2. For application Tier? No

109

Refer: 2.4.1 – Regarding Software services (KMS by NIC)

1. Features and implemented locations All Locations

2. Implementation locations [only at 19 RTO’s or any other locations]

All Locations

3. Issues that existing service provider facing, this is to understand the overall issue to coordinate with NIC

No Issues

110

Refer: 2.4 – Transport department implemented CFST application with Centralized architecture in 10 districts

Is this 10 districts includes [Refer 2.1] 19 RTO, 30 Unit offices and 15 check posts (to understand the installation locations)

Yes

111

Refer: 2.4.1 – Change Management Total number of occurrence in any particular duration (i.e. in a year)

Maximum of 30 to 40

Any last change with features and duration worked

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112

Refer: 2.4 – Transport with 40 Mbps speed at Transport Commissioner office

1. Do the development / updates of CFST application should only be executed at commissioner office or we may do this at Service provider development office

At Transport Commissioner's Office only

113

2. Based on criticality –can we have any restricted user can access / sharing screen with Service provider’s development office to fix the bug at any location which is having CFST application?

No

114

Refer: 2.4.1 - Integration of 3-tier CFST application with other peripheral devices and respective modules

1. Integration technics and SDK's provided by vendors

2. Peripheral device type Biometric Devices/Signature Pads/Web Cameras/Scanners/Barcode Scanners

115

Refer: 2.4.5 – Database Maintenance

Need to know the Physical and Logical DB structure, I hope this can done at the time of knowledge transfer from existing service provider

Will be shared to identified Service Provider

116 Refer: 2.4.6 – Vahan&Saradhi

(State and National registers) DB Maintenance

Scripts type? – to know the script type for updating State Registers data to National Registers

Using SSIS to complete the updation of data

117

Refer: 2.4.17 – IT Security Is there any serious issues that you have faced till now?

No

Is there any security amendments happened from the date of implementation to till now? No

Sd/-