request for proposal for selection of system …€¦ · jscl reserves the right not to proceed...

Jammu Smart City Ltd.

NIT No. – CEO/Smart City/2019-20/36 Dated:- 29-10-2019

BID INVITING OFFICER: - CHIEF EXECUTIVE OFFICER, JAMMU SMART CITY LIMITED.

Address: Chief Executive Officer, Jammu Smart

city Limited, C/o Office of the Deputy

Commissioner, Jammu, Wazarat Road , Jammu ,

J&K (INDIA) - 180001

Ph. No: 0191-2544366

e-mail: [email protected]

Website: www.jammusmartcity.org

REQUEST FOR PROPOSAL FOR SELECTION OF

SYSTEM INTEGRATOR TO DESIGN, SUPPLY,

IMPLEMENT, COMMISSION, OPERATE &

MANAGE THE ITMS AND Ad PANELS IN JAMMU

SMART CITY (VOLUME - 1)

mailto:[email protected]

http://www.jammusmartcity.org/

1 RFP for ITMS and Ad Panels in Jammu City


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DISCLAIMER

Jammu Smart City Proposal (SCP) was selected to implement the Area Based Development (ABD) and pan-city proposals by Government of India under Smart City Mission. Jammu SCP proposes smart solutions in ABD and pan-city, providing various smart features/ infrastructure.

Jammu Smart City Limited (JSCL) has prepared this Request for Proposal (RFP) for Selection of System Integrator for Design , Supply , Implement , Commission , Operate and Manage the ITMS and Ad Panels in Jammu city. This RFP is a detailed document which specifies terms and conditions based on which the Bidder is expected to work. JSCL has taken due care in preparation of information contained herein and believes it to be accurate. However, neither JSCL or any of its authorities or agencies nor any of their respective officers, employees, agents, or advisors give any warranty or make any representations, express or implied as to the completeness or accuracy of the information contained in this document or any information which may be provided in connection or arising out of it.

The information provided in this document is to assist the Bidder(s) preparing their proposals. However, this information is not intended to be exhaustive, and interested parties are expected to make their own inquiries to supplement and verify information in this document. The information is provided on the basis that it is non-binding on JSCL or any of its authorities or agencies, or any of their respective officers, employees, agents, or advisors. Each Bidder is advised to consider the RFP as per its understanding and capacity. The Bidders are also advised to do appropriate examination, enquiry and scrutiny of all aspects mentioned in the RFP before bidding. The Bidders are encouraged to take professional help of experts on financial, legal, technical, taxation, and any other matters/ sectors appearing in the document or specified work. The Bidders should go through the RFP in detail and bring to notice of JSCL any kind of error, misprint, inaccuracy or omission.

JSCL reserves the right not to proceed with the Project, to alter the timeline mentioned in this document, or to change the process or procedure to be applied. It also reserves the right to decline to discuss the Project further with any party submitting a proposal. No reimbursement of cost of any type will be paid to persons, entities, or consortiums submitting a proposal pursuant to this RFP.



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Table of Contents

1. Introduction ................................................................................................................................................ 6

1.1 About the Jammu .............................................................................................................................. 6

1.2 Introduction to Jammu Smart city Project ......................................................................................... 8

1.3 Project Outcomes & Benefits .......................................................................................................... 11

1.4 RFP Format ..................................................................................................................................... 13

2. NOTICE INVITING TENDERS (NIT) ...................................................................................................... 14

3. Instruction to Bidders ........................................................................................................................... 15

3.1. General ............................................................................................................................................ 15

3.2. Bidders ............................................................................................................................................ 15

3.3. Compliant Bids/Completeness of Response ................................................................................... 16

3.4. Bidder to Inform ............................................................................................................................... 17

3.5. Bid Preparation costs ...................................................................................................................... 17

3.6. Site Visit .......................................................................................................................................... 17

3.7. Pre-bid Meeting & Clarification ........................................................................................................ 17

3.8. RFP Document Fee ......................................................................................................................... 18

3.9. Earnest Money Deposit (EMD) ....................................................................................................... 18

3.10. Bid Validity Period ........................................................................................................................... 18

3.11. Contents of Bid ................................................................................................................................ 19

3.12. Technical Bid Formats..................................................................................................................... 20

3.13. Commercial Bid Format................................................................................................................... 22

3.14. Language ........................................................................................................................................ 23

3.15. Authentication of Bids...................................................................................................................... 23

3.16. Amendment of Request for Proposal .............................................................................................. 23

3.17. Price ................................................................................................................................................ 23

3.18. Deviations and Exclusions .............................................................................................................. 24

3.19. Total Responsibility ......................................................................................................................... 24

3.20. Late Bids ......................................................................................................................................... 24

3.21. Right to Terminate the Process ....................................................................................................... 24

3.22. Non-Conforming bids ...................................................................................................................... 24

3.23. Acceptance/Rejection of Bids ......................................................................................................... 24

3.24. Confidentiality .................................................................................................................................. 25

3.25. Disqualification ................................................................................................................................ 25

3.26. Key Personnel ................................................................................................................................. 26

3.27. Fraud and Corrupt Practices ........................................................................................................... 27

3.28. Conflict of Interest ........................................................................................................................... 29

3.29. Sub-Contracting .............................................................................................................................. 29



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3.30. Inclusion of MSMEs in Project Delivery .......................................................................................... 29

3.31. Choice of Original Equipment Manufacturer (OEM): ...................................................................... 29

3.32. Right to vary quantity....................................................................................................................... 30

3.33. Withdrawal, Substitution, and Modification of Bids ......................................................................... 30

3.34. Evaluations of Bids ......................................................................................................................... 30

3.35. Negotiation of Bids .......................................................................................................................... 31

3.36. Award of Contract ............................................................................................................................ 31

3.37. JSCL's Right to Accept any Bid and to Reject any or all Bids ........................................................ 32

3.38. Notification of Award and Signing of Agreement ............................................................................ 32

3.39. Performance Security ...................................................................................................................... 32

3.40. Advance Payment and Security ...................................................................................................... 33

3.41. Dispute Resolution .......................................................................................................................... 34

3.42. Grievance Redressal Procedure/Complaint Procedure .................................................................. 34

4. Selection Process for Bidder ............................................................................................................... 34

4.1. Opening of Bids ............................................................................................................................... 34

4.2. Preliminary Examination of Bids ..................................................................................................... 34

4.3. Clarification on Bids......................................................................................................................... 35

4.4. Evaluation Process .......................................................................................................................... 35

4.5. Original Equipment Manufacturer’s (OEM) Eligibility Criteria ......................................................... 36

4.6. Bidder Eligibility Criteria .................................................................................................................. 37

4.7. Technical Eligibility Criteria – Part A (OEM) ................................................................................... 37

4.8. Technical Eligibility Criteria – Part B (System Integrator) ............................................................... 41

4.9. Make/ Model and MAF requirement List: ........................................................................................ 44

4.10. Technical Evaluation Criteria .......................................................................................................... 44

5. Warranty & Maintenance ...................................................................................................................... 50

6. Annexure 1: Details of Bidder .............................................................................................................. 51

7. Annexure 2 – Template for Pre-Bid Queries ....................................................................................... 52

8. Annexure 3 – Formats for Submission of the Pre-Qualification Bid ............................................... 53

8.1. Annexure 3 – Formats for Submission of the Qualification Bid .................................................. 53

Technical Qualification bid checklist – Part A (OEM) ......................................................................... 53

Technical Qualification bid checklist – Part B (System Integrator) .................................................... 56

8.2. Pre-Qualification Bid Covering Letter ........................................................................................... 59

8.3. Company profile ............................................................................................................................. 61

8.4. Declaration of Non-Blacklisting ..................................................................................................... 62

8.5. No Deviation Certificate ................................................................................................................. 63

8.6. Total Responsibility Certificate ..................................................................................................... 64

8.7. Self-certificate for Project execution experience (In Bidding Entity’s Letter Head) .................. 65

9. Annexure 4: Non-Disclosure Agreement ............................................................................................ 66



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9.1. Definitions ....................................................................................................................................... 66

9.2. Interpretation .................................................................................................................................. 67

9.3. Measurements and Arithmetic Conventions ................................................................................ 67

9.4. Ambiguities within Agreement ...................................................................................................... 67

9.5. Priority of agreements ................................................................................................................... 68

9.6. Term ................................................................................................................................................ 68

9.7. Scope of the Agreement................................................................................................................ 68

9.8. Obligations of the Receiving Party ............................................................................................... 68

9.9. Exceptions to Confidential Information ........................................................................................ 69

9.10. Ownership of The Confidential Information ................................................................................. 70

9.11. Dispute Resolution ......................................................................................................................... 70

9.12. Variation .......................................................................................................................................... 71

9.13. Waiver ............................................................................................................................................. 71

9.14. Exclusion Of Implied Warranties .................................................................................................. 72

9.15. Entire Agreement ........................................................................................................................... 72

9.16. Severability ..................................................................................................................................... 72

9.17. No Partnership ............................................................................................................................... 72

9.18. Third Parties ................................................................................................................................... 72

9.19. Successors And Assigns ............................................................................................................... 72

9.20. Notices ............................................................................................................................................ 72

9.21. Language ........................................................................................................................................ 73

9.22. Counterparts ................................................................................................................................... 73

9.23. Mitigation ........................................................................................................................................ 73

9.24. Removal Of Difficulties .................................................................................................................. 73

10. Annexure 5 - Consortium Agreement ................................................................................................. 75

11. Annexure 6 - Format for Power of Attorney to Authorized Signatory ............................................. 77

12. Annexure 7 - Format for Power of Attorney for Lead bidder of Consortium .................................................. 78

13. Annexure 8 – Formats for Submission of the Technical Bid .......................................................................... 80

13.1. Technical Bid Check-List ............................................................................................................... 80

13.2. Technical Bid Covering Letter ....................................................................................................... 81

13.3. Credential Summary ...................................................................................................................... 83

13.4. Overview of Proposed Solution .................................................................................................... 84

13.5. Details of Resources proposed..................................................................................................... 89

13.6. Curriculum Vitae (CV) of Team Members .................................................................................... 90

14. Annexure 9 - Detailed Tasks Assigned......................................................................................................... 91

15. Annexure 10 - Relevant Work Undertaken that Best Illustrates the experience as required for the Role)....... 91

16. Annexure 11 - Proposed Bill of Material (Technical Bid) .............................................................................. 92

17. Annexure 12 – Formats for Submission of the Commercial Bid (will be given in online portal) ...................... 98



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18. Annexure 13 - Payment Terms & Payment Schedule ................................................................................. 101

19. Annexure 14 - Bank Guarantee for Earnest Money Deposit and Change Control Note ................................ 102

20. Annexure 15 - Illustrative Manufacturers'/Producers’ Authorization Form ................................................. 106

21. Annexure 16 - Performance Bank Guarantee ............................................................................................ 108

22. Appendix 17: - Format for Evidence of Access to or Availability of Credit Facilities ..................................... 110

23. Appendix 18: - Affidavit Regarding Abandoned Works and Undertaking ................................................. 111

24. Appendix 19:- Statement of Ethical Conduct, Fraud and Corruption ........................................................... 112

25. Appendix 20: - Bank Guarantee For Advance Payment / Mobilisation Advance .......................................... 113

26. Appendix 21: Letter of Acceptance ........................................................................................................... 115

27. Annexure 22: Agreement Form ............................................................................................................... 116

28. Annexure 23:- Completion Certificate ...................................................................................................... 117



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1. Introduction

1.1 About the Jammu

Jammu, popularly known as the city of Temples, is the winter capital of the state. As per the census

of 2011 the population of the city was 502197. The city is spread over an area of 167 sq km. The city

is connected through northern railways from Punjab (Pathankot). It is connected with the rest of

India through National Highway 44.

An airport is in the city of Jammu. The city of Jammu is Geographically located 32.73◦ N 74.87◦ E. The

city is located at an average elevation of 300m (980ft.) above MSL. The city being the district head

quarter is well connected to other districts of the state through road network and some districts like

Kathua, Udhampur, Reasi through rail network also. It is connected to Srinagar (Summer capital of

the state) by air.

Jammu, the city of temples and winter capital of Jammu and Kashmir is located on the banks of river

Tawi. Area of Jammu lies between 32°38’15” and 32°48’00” North Latitude and between 74°47’18”

and 74°50’05” East longitude. Its elevation varies from 280-400 MSL. The old city is confined to the

right bank of river Tawi on a raised hillock and later expanded to its east, south and west sides on

plains alone the major roads. The NH-44A passes through the city.

Jammu is located about 585kms to the North-west of Delhi the national capital on national highway

NH-44A. It is 295 kms south of Srinagar, the summer capital of Jammu and Kashmir state. Jammu is

the northernmost railway head and is well connected with all major cities. It is also well connected

by air with Srinagar, Leh, Delhi, Jaipur, Mumbai, Pune, Chandigarh. Due to its location it assumes

importance on the linkage to Kashmir, Ladakh, Doda, Rajouri and Poonch. Jammu is also well

connected by road and rail to the major cities of Punjab, Himachal Pradesh.

Jammu city’s topography is characterized by the innumerable natural drainage channels or seasonal

rivers dominating its landscape. Since the city exists in the foothills of Himalayas on east side, the

conglomerate of small boulders with silt often gets carried away by the incessant rains causing heavy

damage to the services and infrastructure.



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Besides, there are extensive forest areas which hold significant importance for the city environment.

The old Jammu city, Jani put, Roop Nagar, Bathindi, Sunjwan, Chowdi falls in the outer Shivalik

whereas Jewel Chowk, Talab Tillo Bohri, Gandhi Nagar, Shastri Nagar, Trikuta Nagar falls in the outer

plains of Jammu. The nallahs and khads are formed as natural drainage of Jammu city. All the nallahs

and khads flow from Shivalik hills to outer plains and finally joins the Tawi river.

Due to rapid urban growth, hill slopes as well as forests have been encroached with serious

implications on the ecologically fragile areas. The drainage channels have fallen prey to the

accelerated urban growth for there has been no standardized regulations provided in the Master

Plan-2021 to regulate development in their vicinity.

The climate of Jammu varies between tropical and Monsoon type. Temperature varies from 30°C to

44°C in summer season (mid-April to mid-September) and ranges between 27°C to 13°C (from mid-

September to mid-April). Highest recorded temperature was 47.5°C in month of June 1972 and

lowest was 2.3°C on 16 January 1974. Humidity ranges 50% to 81% recorded during the month of

June, July, August and September. Jammu Experiences high humidity in the months of July, August

and September and dry hot season during May and June.



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1.2 Introduction to Jammu Smart city Project

The objective of Smart City Mission is to Promote Cities to provide core infrastructure and to give a

decent quality of life to its citizens, a clean & sustainable environment with application of ‘smart’

solutions. The focus is on sustainable and inclusive development and the idea is to look at compact

areas, create a replicable model which will act like a light house to other aspiring cities. The Smart City

Mission of Government of India is meant to set examples that can be replicated both within and

outside the city.

The purpose of Smart City Mission (SCM) is also to drive economic growth and improve quality of life

of people by enabling local area development and harnessing technology; especially that leads to

Smart outcomes. Area based development (retrofit and redevelop) will transform existing areas

including slums into better planned ones thereby improving liveability of the whole city. Application



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of Smart solutions will enable Cities to use technology, information and data to improve infrastructure

and services. Comprehensive development in this way will improve quality of life, create employment

and enhance income for all, especially the poor and the disadvantaged, leading to creation of inclusive

Cities.

The key objective of this project is to establish an extendable collaborative framework where input

from different functional departments such as Jammu City Administration (Jammu Municipal

Corporation - JSCL), Transport, Traffic, Police etc. can be assimilated and analyzed on a single platform;

resulting in aggregated city level information. Further this aggregate city level information should be

converted to actionable intelligence, which would be propagated to relevant stakeholders and

citizens.

The Jammu City administration intends to use applications for monitoring and/or operating the Smart

city services terminating onto these applications. While each agency delivering, their respective

solutions will have their own operations applications individually, the true value of Smart City is

delivered when there is a consolidated and integrated view of all these operations for the

administrators.

Also, when one agency application can use the data and intelligence gathered from operations of

other agency, not necessarily controlling other agencies operations; Civic Services are delivered with

lot more efficiency and in an informed fashion.

Expectations from SI is to provide, deploy and configure a comprehensive ITMS solution, fully

integrated operations and dashboard and integrated with the existing ATCS solution already

implemented in Jammu.

A part of ICCC (henceforth referred to as ICCC) will be established for Jammu smart city to run ITMS

operations. Citizens will be using ICT as backbone and seamless integration will be completed with all

the required & existing ICT systems / Smart components of Jammu smart city initiatives. ICCC will be

a place where information from various departmental applications will be collected and analyzed for

better planning of the city.



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ICCC will have Business Intelligence engine which will process all the information and generate

insights. These insights will be helpful in managing incidents across the city and do a better planning

for development. ICCC will also play a role of decision support system.

ICCC will be scalable to host more applications and services in future for managing city more

effectively. ICCC will manage utilities of the entire city, eventually. Following are the intangibles that

should be addressed by this intervention:

• Efficient traffic management

• Disaster Management and Emergency Response System

• Enhanced safety and security

• Asset Management

• Coordinated decision making

• Implementation with following services in the city (existing/Current and future planned

infrastructure with provision for future scalability)

✓ Integrated Command and Control Centre

✓ Data Centre/ DR

✓ City Safety, Security & Surveillance

✓ Transit Management System

✓ Intelligent Traffic Management System

✓ Environmental Sensors

✓ GIS asset Mapping

✓ Public Address System

✓ Governance and Citizen Services

The other objectives that can be achieved by proposed ICT interventions in the city are:

• Effective detection and monitoring of traffic violations thus real time traffic enforcement

(reduces offences of Red-Light violations and over speeding)

• Effective surveillance helps in enforcing law and order and crime prevention (reduction in

number of criminal and unlawful activities)



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• Reduces number of traffic rule violations, illegal parking, encroachments etc. with the help

of continuous surveillance

• Prompt emergency response by Police and City Administration in cases of accidents, fires,

disasters, epidemics, etc. due to availability of real time data and response mechanisms

• Delivering effective governance by aggregating various data feeds from sensors and systems

• Reduction in waiting period at intersection by optimizing traffic cycles to regulate and

maintain smooth flow of traffic to enhance the efficiency of the transport infrastructure and

reduce travel time.

• Ensuring safety and crowd surveillance. The central command and control will also ensure

efficient continued working of the field equipment

• Public Address System (voice) will enable civic bodies to respond / communicate effectively

while dealing with emergencies

• Variable messaging displays (Advertisement Panels) will be used to display the useful

information related to Traffic congestion, accidents, incidents, ongoing roadwork zones,

speed limits, key notices or messages from city administration

1.3 Project Outcomes & Benefits

The project once implemented shall benefit all the stakeholders. The envisaged key benefits to the

City Administration and Citizen are as under:

City Administration • The implementation of Pan City interventions will ensure

efficient traffic management, as well as safety and crowd

surveillance.

• The central command and control will ensure efficient

continued working of the field equipment

• Continuous surveillance would help in reduction in

number of criminal and unlawful activities, number of

traffic rule violations, illegal parking, encroachments etc.

• Prompt emergency response in cases of accidents, fires,

disasters, epidemics, etc. due to availability of real time

data and response mechanisms



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• To lower the costs by adopting a centralized architecture,

enabling the platform to be administered and supported

from one location

• Instant MIS reports for planning, budgeting, monitoring &

evaluation

• Instant identification of delay points enabling prompt

administrative action

• Facilitate cross-department collaboration with the help of

online systems in compliance with various standard

operating procedures will bring transparency in city

administration

Citizens • Better city planning and development

• Services delivered to citizens, faster, and at a lower

operating expense

• Local economic development

• Citizens will also be able to have access to efficient, safe &

reliable Urban Transport System

• Improve communication between government

administrators and citizens by building an interactive Web

portal to disseminate information and submit grievances



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1.4 RFP Format

The intent of this RFP is to invite bids from the Bidders for implementation of an integrated solution

for the Jammu Smart city Limited

The Request for Proposal (RFP) consists of three volumes viz.

1.4.1 RFP Volume 1: Invitation for Bids, Instruction to Bidders and Selection process for Bidder

Volume 1 details the instructions with respect to the bid process management, technical

evaluation framework, and the technical & financial forms.

1.4.2 RFP Volume 2: Scope of work including Functional & Technical Specifications

Volume 2 of the RFP provides information regarding the Project Implementation Plan,

business requirements/applications to be covered and corresponding process related

documentation, scope of work for the selected bidder and functional requirements.

1.4.3 RFP Volume 3: General Conditions of Contract, Special Conditions of contract, Contract Data,

Master Service Agreement & Service level Agreement.

Volume 3 contains the contractual, legal terms & conditions applicable for the proposed

engagement.



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2. NOTICE INVITING TENDERS (NIT)

NIT No : CEO/Smartcity/2019-20/36 Dated : 29-10-2019

1. The Chief Executive Officer, Jammu Smart City Limited, on behalf of Governor of Jammu

& Kashmir invites bids from eligible bidders registered with the State Governments and with

Government of India.

Name & Address of JSCL Chief Executive Officer

Jammu Smart City Limited, Jammu, Jammu & Kashmir, INDIA C/o Office of the Deputy Commissioner, Wazarat road, Jammu

Subject Matter of Procurement Notice inviting Online Bids for Selection of System Integrator for Design , Supply , Implement , Commission , Operate and Manage the ITMS and Ad Panels in Jammu Smart City.

Approx. value of the Project INR-7434/- lakhs

Period of Completion 09 months construction & 36 months Operation & Maintenance

Bid Document Fee INR -10,000/-

Period of on-line availability of Bid

Documents (Start Date/ End Date)

From: 29-10-2019, 11.00 AM

To: 26-11-2019, 11.00AM

Date and time for Pre-bid Meeting Date/ Time: 08-11-2019 , 3.00PM Place: Office of the CEO, Jammu Smart City Limited, Jammu C/o Office of the Deputy Commissioner, Wazarat road, Jammu

Manner, Start Date for

submission of Bids

Manner: Online on e-Procurement website http://jktenders.gov.in

Start Date & Time: 30-10-2019, 11.00AM

End Date for submission of Bids End Date & Time: 29-11-2019, 11.00AM

Date and Time of submission of Hard copies of Bids

Start Date & Time: 30-10-2019, 11.00AM

End Date & Time: 29-11-2019, 11.00AM

Amount of Bid Security/ Earnest

Money Deposit

INR - 100 Lakhs

Date and Time of opening of Technical

Bid

Date & Time: 29-11-2019, 03.00PM

Date and Time of opening of

Financial Bid

Will be intimated later to the Technically qualified bidders

http://jktenders.gov.in/



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3. Instruction to Bidders 3.1. General

a) While every effort has been made to provide comprehensive and accurate background

information, requirements and envisaged solution(s) specifications, Bidders must form their

own conclusions about the solution(s) needed to meet the Authority’s requirements. Bidders

and recipients of this RFP may wish to consult their own legal advisers in relation to this RFP.

b) All the information supplied by Bidders as part of their bids in response to this RFP, may be

treated as contractually binding on the Bidders, on successful award of the assignment by the

Authority on the basis of this RFP.

c) No commitment of any kind, contractual or otherwise shall exist unless and until a formal

written contract has been executed by or on behalf of Authority. Any notification of preferred

bidder status by Authority shall not give rise to any enforceable rights by the Bidder. Authority

may cancel this public procurement at any time prior to a formal written contract being

executed by or on behalf of Authority.

d) Bids shall be received by the Authority on the e-Procurement portal https://jktenders.gov.in

before the time and date specified in the schedule of the tender notice. In the event the specific

date for the submission of the tender offer is declared a public holiday by the Government of

Jammu and Kashmir, the offers will be deemed to have been received the next working day in

the same appointed time.

e) The Authority may, at its discretion, extend this deadline for submission of offers by issuing

corrigendum and uploading the same on e-Procurement portal.

f) Telex, cable or facsimile offers will be rejected.

3.2. Bidders

Language

• This Bid Document has been issued in English language • Bids shall be submitted in English • All correspondence exchange shall be in English language

https://jktenders.gov.in/



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Bidder • Bidders can submit as a sole Bidder or as consortium

• Both Sole Bidder / Consortium shall would be scrutinized through the

prescribed Pre-Qualifications, Technical Evaluation & final techno-

commercial Stage. Only upon successfully complying with all the stages the

bids would be scrutinized for next stage of evaluation.

In case of Consortium Bids

• Maximum of 3 entities are allowed for forming a consortium bid. Out of

the 3 entities one of them would act as Lead Bidder and remaining entities

would act as consortium members in the shape of JV/association.

• Consortium bid needs to submit Consortium agreement, which shall

articulate the terms of agreement, laid among the entities of the

consortium.

• The list of entities in the consortium needs to be declared, Consortium

members cannot be changed during the project period.

• The Sole bidder / Consortium shall be jointly & severally liable under this

RFP for the complete scope of the project

• The Lead Bidder shall be authorized by the consortium members for

o The management of all consortium members

o To incur liabilities and receive instructions for and on behalf of any

and all consortium members.

o Entire execution of the Contract, receipt of payments etc. on behalf

of consortium in the account specified by the bidder in the contract

agreement.

o Ensuring that all the bid compliances mentioned in the bid are

met by the consortium members failing which bid can be

disqualified.

3.3. Compliant Bids/Completeness of Response

a. Bidders are advised to study all instructions, forms, terms, requirements and other information

in the RFP documents carefully. Submission of the bid shall be deemed to have been done after

careful study and examination of the RFP document with full understanding of its implications.



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b. Failure to comply with the requirements of this paragraph may render the bid non- compliant

and the Bid may be rejected. Bidders must:

i. Include all documentation specified in this RFP, in the bid.

ii. Follow the format of this RFP while preparing the bid and respond to each element in the

order as set out in this RFP.

iii. Comply with all requirements as set out within this RFP.

3.4. Bidder to Inform

The Bidder shall be deemed to have carefully examined the Terms & Conditions, Scope, Service

Levels, Specifications, and Schedules of this RFP. If bidder has any doubts/clarifications as to the

meaning of any portion of the Conditions or the specifications they shall, before the last date for

Submission of Pre-Bid Queries, set forth the particulars thereof and submit them to CEO, Jammu

Smart City Limited (JSCL) in writing in order that such doubt may be removed or clarifications are

provided.

3.5. Bid Preparation costs

The Bidder shall bear all costs associated with the preparation and submission of its bid, for the

purposes of clarification of the bid, if so desired by the JSCL

3.6. Site Visit

a. The Bidder may wish to visit and examine the site or sites and obtain for itself, at its own

responsibility and risk, all information that may be necessary for preparing the bid and

entering into the Contract. The costs of visiting the site or sites shall be at the Bidder’s

own expense.

b. The JSCL upon request from any bidder will arrange for site visit of its personnel or agents

to gain access to the relevant site or sites, provided that the Bidder gives the JSCL

adequate notice of a proposed visit of at least 7 (seven) days. Failure of a Bidder to make

a site visit will not be a cause for its disqualification.

c. No site visits shall be arranged or scheduled after the deadline for the submission of the

Bids..

3.7. Pre-bid Meeting & Clarification

Bidders Queries

Any clarification regarding the RFP document and any other item related to this project can be

submitted to JSCL as per the submission mode and timelines mentioned in the Bid Data Sheet. The



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pre-bid queries should be submitted in excel sheet format, along with name and details of the

organization submitting the queries.

JSCL shall not be responsible for ensuring that the bidders’ queries have been received by them. Any

requests for clarifications post the indicated date and time shall not be entertained by JSCL

Bidders must submit their queries as per the format mentioned in Section5 Annexure 1 – Template

for Pre-Bid Queries.

Since this project involves the integration of several components and each component is offered by

several OEMs, only the authorised representatives of the system integrators shall be allowed to

participate in the pre-bid meeting. OEMs shall not be allowed to participate in the pre-bid meeting.

Before the pre-bid meeting, system integrators are advised to give the names and designations of

their employees who will attend the Pre-bid meeting; JSCL will provide a confirmation for the list of

attendees. The attendees are required to carry authorisation letter and their ID card issued by the

system Integrator along with the confirmation mail given by the JSCL.

3.8. RFP Document Fee

RFP can be downloaded free from the website URL mentioned in the Instructions to Bidders. The fee

can be paid in the shape of Demand Draft in favour of CEO, Jammu Smart City Limited payable at

Jammu.

3.9. Earnest Money Deposit (EMD) EMD of INR 100 Lakhs (Indian Rupees One Hundred Lakhs only) shall be either through a Bank

Guarantee or Demand Draft from a scheduled bank in India. No exemption for submitting the EMD

will be given to any agency. Bid security in any other form will not be entertained.

For Unsuccessful bidders: The bid security of all unsuccessful bidders would be refunded without

interest by JSCL on finalization of the bid in all respects by the successful bidder.

For Successful bidders: The bid security, for the amount mentioned above, of successful bidder would

be returned without interest upon submission of Performance Bank Guarantee by the successful

bidder.

In case bid is submitted without the bid security then JSCL shall reject the bid without providing

opportunity for any further correspondence to the bidder concerned.

The EMD may be forfeited in any of the following circumstances:

a. If a bidder withdraws its bid during the period of bid validity.

b. In case of a successful bidder, if the bidder fails to submit the performance bank guarantee

and/or sign the contract in accordance with this RFP.

3.10. Bid Validity Period Bid shall remain valid for the time period mentioned in the Instructions to Bidders ( ITB ).



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On completion of the validity period, unless the Bidder withdraws his bid in writing, it will be deemed

to be valid until such time that the Bidder formally (in writing) withdraws his bid.

3.11. Contents of Bid

The two bids system shall be followed. Technical and Commercial Offers shall be uploaded separately

through the online portal.

a. Please note that Prices should NOT be indicated in the Technical Bid but should only be

indicated in the Commercial Bid in the online portal. In case any commercial figures are

mentioned in other than commercial bid document then such bid is subject to rejection.

b. All the pages of the bid must be sequentially numbered. The bid documents must contain in the

beginning of the document, a list of contents with page numbers. Any deficiency in the

documentation may result in the rejection of the Bid.

c. The original bid shall be prepared in indelible ink. It shall contain no interlineations or

overwriting, except as necessary to correct errors made by the Bidder itself. Any such

corrections must be initialed by the person (or persons) who sign(s) the bids.

d. All pages of the bid shall be initialed and stamped by the person (or persons) who sign the bid.

e. Failure to submit the bid by deadline specified in the Bid Data Sheet would cause a bid to be

rejected.

f. JSCL will not accept delivery of bid by fax, e-mail or in person.

Bid Submission Details

Bids need to be submitted Online only. Two Hard copies of the online technical bids must be

submitted in sealed cover in the office of CEO, JSCL as specified in the instructions for Bidders.

In case any of the format is not submitted as per the date and time defined in the Bid Data

sheet, the bid shall be disqualified.

In case of any difference in online and offline submission, online submission shall prevail.

Two Cover Bid System Bidders should examine all Instructions, Scope of Work and Terms and Conditions as given in

the Tender document. The tender should be submitted in two parts viz Technical Bid and Price

Bid.

Technical Proposal (Cover A)

a) Technical Proposal shall include both Prequalification & Technical Qualifications

b) The Technical proposal as per the formats(3.12.1 &3.12.2) given in the Tender document

shall be typed, signed and stamped in all pages by the bidder or Authorized Signatory of

the bidder. Any alterations, deletions or overwriting shall be attested with full signature of

the bidder or Authorized Signatory of the bidder.

c) The supporting documents and other documents as given in the Pre-Qualification

&Technical Evaluation Criteria should be submitted in the Technical Proposal.



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d) The Technical Proposal shall not contain any indications of the Price whether directly or

indirectly otherwise the Bid will be summarily rejected.

e) Scanned copies of the same shall be uploaded in the tender portal – Bid Schedule

f) Scanned copy of EMD should be submitted in the Online Portal and original shall be

submitted in the Cover A

Price Bid a) To be submitted online only

b) All the Price items as per the format given in this RFP document shall be neatly typed,

signed and stamped in all the pages by the bidder or Authorized Signatory of the bidder.

Any alterations, deletions or overwriting shall be attested with full signature of the bidder

or Authorized Signatory. Only a single price should be quoted for each Price Bid item. The

Bid is liable for rejection if Price Bid contains variation clause or conditional offers or partial

offers.

c) The Price Bid shall be placed in a separate cover and sealed appropriately. The Price Bid

cover (Envelope-B) shall be super scribed as “name of RFP”. The “FROM” address and “TO”

address shall be written legibly.

d) Summary of Cost shall be entered in the template given in Price Bid of the online portal

Outer Cover (Cover B)

This Includes original Demand Draft for Tender Document fee,Technical Bid (Cover A) and

Earnest Money Deposit

The outer cover shall be super scribed as “ITMS with Ad Panels”. The “FROM” address and “TO”

address shall be written legibly.

3.12. Technical Bid Formats

S.NO. Section Heading Details

1. Technical Qualification checklist As per format provided in section 6.1 &11.1

2. Bid Covering Letter

As per format provided in section 6.2 &11.2

3. Company Profile Details as per Section 8.3 (A, B and C)

4. No Deviation Certificate As per format provided in section 6.5

5. Total responsibility Certificate

As per format in 6.6

6.

Non-Disclosure Agreement

NDA as per format in Section 7 (Annexure 3)

7. About Bidder (Company

Profile)

As per format provided in section 6.3 Company profile of this Volume of the RFP



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12.

Bidder Certifications

Copies of valid certificates in the name of the sole

bidder or the Lead bidder in case of a Consortium As

per Pre-qualification criteria – Sl # 4in section

6.1.2

13. EMD Bank Guarantee as per Section 15 Annexure 13 - Bank

Guarantee for Earnest Money Deposit

14.

Power of Attorney

Documentary evidence as per format provided in

Section 9 (Annexure 5 - Format for Power of

Attorney to Authorize Signatory and Annexure 5 -

Format for Power of Attorney for Lead bidder of

Consortium)

15. Approach & Methodology Details as required in Technical Evaluation

Criteria 11.4

8.

Sole-Bidder/Consortium Agreement

• Certificate of Incorporation / Registration

under companies Act, 1956/2013 or any

suitable Act abroad as per Section 6.3 (B)

• Consortium agreement clearly stating the

roles and responsibilities of each member

As per Pre-qualification criteria – in section 8 (Annexure 4)

9.

Annual Turnover

Certificate from the Statutory auditor / CA clearly

specifying the annual turnover for the specified

years

As per Pre-qualification criteria – Sl # 3 in section

6.1.2

10.

Prior Project Experience

Bidder/Consortium from

relevant scope of the RFP

Work Order / Copy of Contract & Client Certificate

as Proof of the projects undertaken As per Pre-

qualification criteria – Sl # 5 in section

6.1.2 Project citation as per format provided in

Bidder’s Experience - Client Citations in section

11.3 and

supporting documentary evidences and Self- Certifications.

11.

Undertaking for non-

blacklisting clause

Undertaking by the authorized signatory as per

format

As per Pre-qualification criteria – Sl # 5 in section

6.1.1 & Sec 6.4



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16. Solution Proposal Details as required in Technical Evaluation Criteria 11.1

Please refer to Structure of Proposed Solution 11.4

17. Project/credential summary As per format provided in Credential Summary in

Section 11.3

18.

Project Plan and Resources

• Project plan as per format provided in Project

Plan in Section 11.4.2

• Manpower Plan as per format provided in

Manpower Plan in Section 11.4.3 I & II

• Summary of resources as per format provided in

Summary of Resources proposed in Section

11.5.1

• CV of resources as per format provided in

Curriculum Vitae (CV) of Team Members in

Section 11.6 19. Manufacturers'/Producers’

Authorization Form As per format provided in section 18 (Annexure 14)

20. Anti-Collusion Certificate As per format provided in section 11.2

21. Non-disclosure agreement

As per format provided in section 7 (Annexure 3)

22. Annual Turnover from e-

governance /ERP Solution to

State /Central/ Quasi

Government/ULB

Certificate from the Statutory auditor / CA clearly

specifying the annual turnover for the specified years

3.13. Commercial Bid Format

The Bidder must submit the Commercial Bid is the formats specified in Online Portal. The Price Bid

has three sections; the first section captures the commercials for the envisaged CCC in the form of

CAPEX and OPEX heads. This summation of these two heads shall constitutes to the actual

expenditure to the CCC Project.

The envisaged CCC is growing solution therefore it is anticipated for vertical and horizontal growth

of CCC solution in the future. Therefore in order to facilitate the procurement of this upgradation

the likely upgraded line items in the CCC have been identified and their prices are being discovered

in the Section 2 of the Price Bid. The prices discovered in this section shall be valid till the end of

contract period of System Integrator so that authority may use it as rate card for procurement as

per the actuals demands in future. The line items envisaged for upgradation The cost of such

upgradation items are sought against arbitrary quantities which is used only for evaluation purposes.



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The JSCL shall evaluate and may place an order to actual demanded quantity based on unit rates

discovered in this section.

For the purpose of bid evaluation for the selection of the successful bidder, the figures under

Grand Total i.e. “Value of Price Bid” shall be used to ascertain the successful bidder.

3.14. Language

The bid should be prepared and submitted by the bidders in English language only. If any submitted

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

language is to be provided (duly attested) by the Bidders. For purposes of interpretation of the

documents, the English translation shall govern. Such translated documents shall be notarized and

incase of any incorrectness of the translation, the bidder will be penalized.

3.15. Authentication of Bids

An authorized representative (or representatives) of the Bidder shall initial all pages of the Pre-

Qualification, Technical and Commercial Bids.

Bid should be accompanied by an authorization in the name of the signatory (or signatories) of the

Bid. The authorization shall be in the form of a written power of attorney accompanying the Bid or

in any other form demonstrating that the representative has been duly authorized to sign.

3.16. Amendment of Request for Proposal

At any time prior to the due date for submission of bid, JSCL may, for any reason, whether at its own

initiative or in response to a clarification requested by prospective bidder(s), modify the RFP

document by amendments. Such amendments shall be uploaded on the online portal website,

through corrigendum and shall form an integral part of RFP document. The relevant clauses of the

RFP document shall be treated as amended accordingly.

It shall be the responsibility of the prospective bidder(s) to check the JSCL website from time to time

for any amendment in the RFP document. In case of failure to get the amendments, if any, JSCL shall

not be responsible.

In order to allow prospective bidders a reasonable time to take the amendment into account in

preparing their bids, JSCL, at its discretion, may extend the deadline for submission of bids. Such

extensions shall be uploaded on website of the JSCL.

3.17. Price Bidders shall give the required details of all applicable GST, duties, other levies and charges etc. in

respect of direct transaction between JSCL and the Bidder.



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Bidders shall quote for the entire scope of contract on a “overall responsibility” basis such that the

total bid price covers Bidder’s all obligations mentioned in or to be reasonably inferred from the

bidding documents in respect of providing the product/services.

Prices quoted by the Bidder shall remain firm during the entire contract period and not subject to

variation on any account. A bid submitted with an adjustable price quotation shall be treated as non-

responsive and rejected. Commercial Prices should NOT be part of Technical Bid. If any commercial

details/conditions other than the Commercial Bid are found in the commercial Bid Format then

such bids are treated as Non-responsive &rejected.

3.18. Deviations and Exclusions

Bids shall be submitted strictly in accordance with the requirements and terms & conditions of the

RFP. The Bidder shall submit a No Deviation Certificate as per the format mentioned in Section 6.5.

The bids with deviation(s) are liable for rejection.

3.19. Total Responsibility

Bidder should issue a statement undertaking total responsibility for the defect free operation of the

proposed solution (total responsibility certificate) as per the format mentioned in Section 6.6.

3.20. Late Bids

Late submission will not be entertained and will not be permitted by the Online Portal. Authorities

shall does not be responsible for delay in submission of any online submission related or website

related issues and date of submission cannot be extended for such reasons JSCL reserves the right

to modify and amend any of the above-stipulated condition/criterion.

3.21. Right to Terminate the Process

JSCL reserves the right to terminate the Biding process and reject all Bids at any time prior to award of contract, without assigning any reason thereof and without incurring any liability, whatsoever to the affected Bidder or Bidders.

3.22. Non-Conforming bids

A bid may be construed as a non-conforming bids and ineligible for consideration:

a. If it does not comply with the requirements of this RFP.

b. If a bid does not follow the format requested in this RFP or does not appear to address the

particular requirements of the solution.

3.23. Acceptance/Rejection of Bids

a. JSCL reserves the right to reject in full or part, any or all bids without assigning any reason

thereof. JSCL reserves the right to assess the Bidder’s capabilities and capacity. The decision of

JSCL shall be final and binding.

b. Bid should be free of over writing. All erasures, correction or addition must be clearly written

both in words and figures and attested.



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In the event of any assumptions, presumptions, key points of discussion, recommendation or any

points of similar nature submitted along with the Bid, JSCL reserves the right to reject the Bid and

forfeit the EMD.

If there is any discrepancy in the commercial bid, it will be dealt as per the following:

a. If, in the price structure quoted for the required goods/services/works, there is discrepancy

between the unit price and total price (which is obtained by multiplying the unit price by the

quantity), the unit price shall prevail and the total price corrected accordingly.

b. 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.

c. If there is a discrepancy between words and figures, the amount in words shall prevail.

d. If there is such discrepancy in an offer, the same shall be conveyed to the bidder with target

date up to which the bidder has to send his acceptance on the above lines and if the bidder does

not agree to the decision of JSCL, the bid is liable to be disqualified.

3.24. Confidentiality

All the material/information shared with the Bidder during the course of this procurement process

as well as the subsequent resulting engagement following this process with the successful bidder,

shall be treated as confidential and should not be disclosed in any manner to any unauthorized

person under any circumstances. The employees of the successful Lead bidder and Consortium

members who are proposed to be deployed on the project need to comply to information security

as per Master Service Agreement in RFP Volume III.

3.25. Disqualification

The bid is liable to be disqualified in the following cases, but not limited to,

a. In-case bidder fails to meet the bidding requirements / terms & conditions as prescribed in this

RFP

b. During validity of the bid, or its extended period, if any, the bidder changes its quoted prices.

c. The bidder’s bid is conditional and has deviations from the terms and conditions of RFP.

d. Bid is received in incomplete form.

e. Bid is not accompanied by all the requisite documents.

f. Information submitted in technical bid is found to be misrepresented, incorrect or false,

accidentally, unwittingly or otherwise, at any time during the processing of the contract (no

matter at what stage) or during the tenure of the contract including the extension period if any.

g. Financial bid is enclosed with the same document as technical bid.

h. Bidder tries to influence the bid evaluation process by unlawful/corrupt/fraudulent means at



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any point of time during the bid process.

i. In case any Bidder {Excluding Original Equipment Manufacturers(OEM)} submits multiple bids

or if common interests are found in two or more bids, then all such bids shall be outrightly

rejected.

j. Bids without EMD will be disqualified.

k. In case the bid capacity of the bidder is less than the assessed available bid capacity.

3.26. Key Personnel

JSCL has identified certain key positions and minimum qualifications for each of the positions that

should be part of project team of the bidder (hereby referred to as “key personnel”). Details of these

key positions are provided in Section 11.4.3

Initial Composition; Full Time Obligation; Continuity of Personnel

Bidder shall ensure that each member of the Key Personnel devotes substantial working time as

per the staffing schedule/ manpower plan to perform the services to which that person has been

assigned as per the bid.

Bidder shall not make any changes to the composition of the Key Personnel and not require or

request any member of the Key Personnel to cease or reduce his or her involvement in the

provision of the Services during the defined term of the engagement unless that person resigns,

is terminated for cause, is long-term disabled, is on permitted mandatory leave under Applicable

Law or retires.

In any such case, JSCL prior written consent would be mandatory.

Evaluations of Key Professionals

Bidder shall carry out an evaluation of the performance of each member of the Key Personnel in

connection with the Services at least once in each Contract Year. Bidder shall provide reasonable

written notice to JSCL of the date of each evaluation of each member of the Key Personnel. JSCL

shall be entitled to provide inputs to the bidder for each such evaluation. Bidder shall promptly

provide the results of each evaluation to JSCL, subject to Applicable Law.

Replacement of Key Professionals

In case any proposed resource resigns, then the Bidder has to inform JSCL within one week of

such resignation.



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Bidder shall promptly initiate a search for a replacement to ensure that the role of any member

of the Key Personnel is not vacant at any point in time during the contract period, subject to

reasonable extensions requested by Bidder to JSCL.

The bidder has to provide replacement resource of equal or better qualification and experience

as per the requirements of this RFP.

If JSCL objects to the appointment, Bidder shall not assign the individual to that position and shall

seek an alternative candidate in accordance with the resource requirements of this RFP.

The bidder needs to ensure at least 02 weeks of overlap period in such replacements. JSCL will

not be responsible for any knowledge transition to the replacement resource and any

impact/escalation of cost incurred by the bidder due to resource replacement.

High Attrition

If in the first 6 month period from the Contract Effective Date and in any rolling 12 months period

during the Term of contract, 25 percent or more of the members of the Key Personnel cease or

reduce their involvement in the Services for any reason other than with JSCL prior written

consent, Bidder shall:

a) Provide JSCL with a reasonably detailed explanation as to the reasons for such change,

including, where applicable and permitted, notes from any exit interviews conducted by

Bidder with any departing member of the Key Personnel; and

b) If such change to Key Personnel has or is likely to have any material adverse impact on the

provision of the Services or any substantial part thereof, undertake, at its own costs, such

remediation acts as are reasonably necessary in order to improve the retention of the Key

Personnel including making reasonable changes to the human resources policies and

procedures applicable to the Key Personnel (including those related to compensation,

benefits and other conditions so that they are competitive with the market) as may be

necessary to ensure that such policies and procedures comply with Good Industry Practice.

3.27. Fraud and Corrupt Practices

The Bidders and their respective officers, employees, agents and advisers shall observe the highest

standard of ethics during the Selection Process. Notwithstanding anything to the contrary contained

in this RFP, JSCL shall reject a Bid without being liable in any manner whatsoever to the Bidder, if it

determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice



28

(collectively the “Prohibited Practices”) in the Selection Process. In such an event, JSCL shall, without

prejudice to its any other rights or remedies, forfeit and appropriate the EMD or PBG, as the case

may be, as mutually agreed genuine pre-estimated compensation and damages payable to JSCL for,

inter alia, time, cost and effort of JSCL, in regard to the RFP, including consideration and evaluation

of such Bidder’s Bid.

a. Without prejudice to the rights of JSCL under Clause above and the rights and remedies which

JSCL may have under the LOA or the Agreement, if a Bidder is found by JSCL have directly or

indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice,

coercive practice, undesirable practice or restrictive practice during the Selection Process, or

after the issue of the LOA or the execution of the Agreement, such Bidder shall not be eligible

to participate in any tender or RFP issued by JSCL during a period of 3 years from the date such

Bidder is found by JSCL to have directly or through an agent, engaged or indulged in any

Prohibited Practices.

b. For the purposes of this Section, the following terms shall have the meaning hereinafter

respectively assigned to them:

c. “Corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value to influence the action of any person connected with the Selection Process

(for avoidance of doubt, offering of employment to or employing or engaging in any manner

whatsoever, directly or indirectly, any official of JSCL who is or has been associated in any

manner, directly or indirectly with the Selection Process or the LOA or has dealt with matters

concerning the Agreement or arising there from, before or after the execution thereof, at any

time prior to the expiry of one year from the date such official resigns or retires from or

otherwise ceases to be in the service of JSCL, shall be deemed to constitute influencing the

actions of a person connected with the Selection Process); or (ii) save as provided herein,

engaging in any manner whatsoever, whether during the Selection Process or after the issue of

the LOA or after the execution of the Agreement, as the case may be, any person in respect of

any matter relating to the Project or the Award or the Agreement, who at any time has been or

is a legal, financial or technical consultant/adviser of JSCL in relation to any matter concerning

the Project;

d. “Fraudulent practice” means a misrepresentation or omission of facts or disclosure of

incomplete facts, in order to influence the Selection Process;

e. “Coercive practice” means impairing or harming or threatening to impair or harm, directly or

indirectly, any persons or property to influence any person’s participation or action in the

Selection Process;

f. “Undesirable practice” means

(i) establishing contact with any person connected with or employed or engaged by JSCL with

the objective of canvassing, lobbying or in any manner influencing or attempting to



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influence the Selection Process; or

(ii) having a Conflict of Interest;

g. “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement

among Bidders with the objective of restricting or manipulating a full and fair competition in

the Selection Process.

3.28. Conflict of Interest

a. A bidder shall not have a conflict of interest that may affect the Selection Process or the Solution

delivery (the “Conflict of Interest”). Any Bidder found to have a Conflict of Interest shall be

disqualified. In the event of disqualification, JSCL shall forfeit and appropriate the EMD, if

available, as mutually agreed genuine pre-estimated compensation and damages payable to

JSCL for, inter alia, the time, cost and effort of JSCL including consideration of such Bidder’s Bid,

without prejudice to any other right or remedy that may be available to JSCL hereunder or

otherwise.

b. JSCL requires that the bidder provides solutions which at all times hold JSCL interest’s

paramount, avoid conflicts with other assignments or its own interests, and act without any

consideration for future work. The bidder shall not accept or engage in any assignment that

would be in conflict with its prior or current obligations to other clients, or that may place it in

a position of not being able to carry out the assignment in the best interests of JSCL

3.29. Sub-Contracting

The bidder would not be allowed to sub-contract work, except for the following:

· Cabling and fixtures work, and all civil work during implementation.

· Facility Management Staff at Command & Communications Center.

Sub-contracting shall be allowed only with prior written approval of JSCL. However, even if the work

is sub-contracted, the sole responsibility of the work shall lie with the bidder. The bidder shall be

held responsible for any delay/error/non-compliance etc. of its sub-contracted vendor. The details

of the sub-contracting agreements (if any) between both the parties would be required to be

submitted to JSCL.

3.30. Inclusion of MSMEs in Project Delivery

Bidders are encouraged to include Micro, Small and Medium Enterprises (MSMEs) in the delivery of

the project compliant to make in India Initiative. Bidders may earmark some proportion of the total

contract for procuring goods and services from MSMEs. Activities that can be sub-contracted to

MSME/MSE partners are restricted to those defined under Sub-Contracting Clause 2.28 above.

3.31. Choice of Original Equipment Manufacturer (OEM):

The bidder shall apply high standards of diligence in choosing an optimal OEM who complies with

the tender conditions, specifications &SLAs. The bidder may evaluate products being proposed are



30

not end of life and also there is guarantee of OEM support for minimum period of 06 years. The same

may be formally secured through the Manufacturer’s Authorizing form Prescribed in Section 18

3.32. Right to vary quantity a. At the time of award of contract, the quantity of goods, works or services originally specified in

the bidding documents may be increased. It shall be without any change in the unit prices or

other terms and conditions of the Bid and the bidding documents.

b. If the JSCL does not procure any subject matter of procurement or procures less than the

quantity specified in the bidding documents due to change in circumstances, the bidder shall

not be entitled for any claim or compensation except otherwise provided in the bidding

document.

c. Repeat orders for extra items or additional quantities may be placed on the rates and conditions

given in the contract. Additional Time lines for the items under variations shall be given at the

time of placing the work order for variation. Maximum variation allowed under the contract

shall not exceed 25% of the contract cost.

3.33. Withdrawal, Substitution, and Modification of Bids a. A Bidder may withdraw its Bid or re-submit its Bid (technical and/ or financial) as per the

instructions/ procedure mentioned at online portal till the deadline for the submission of online

Bids

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

3.34. Evaluations of Bids

All the opened bids shall be downloaded and printed for taking up evaluation. JSCL The bidder may be asked by e-mail to clarify on the uploaded documents provided in the Technical Bid, if necessary, with respect to any doubts or illegible documents. The Bid Inviting Officer may ask for any other document of historical nature during Technical evaluation of the bid; provided, in all such cases, furnishing of any document in no way alters the Bidder’s price bid. The bidder shall respond in not more than seven number of days of issue of the clarification letter as mentioned in Bid Data Sheet, failing which the bid of the bidder will be evaluated on its own merit.

3.34.1 Technical Evaluation :- The Bid Inviting Officer will evaluate the technical bids and finalize list of responsive bidders. A bid is considered to be responsive if it scores 70% marks or more in the technical evaluation. JSCL shall inform, by e-mail, the Bidders whose Technical Bids are found responsive i.e. Technically Qualified Bidders, about date time and place of opening of Part-II i.e. Financial Bid. In the event of the specified date being a holiday for JSCL, the Bids will be opened at the appointed time and location on the next working day. The bidders or their representatives may attend the opening of Financial Bids.



31

3.34.2 Financial Evaluation :- The Financial Bids of the technically responsive biddersshall only be opened on the due date and time of opening. The Bid Inviting Officer shall log on to the system in sequence and open the Financial Bid. At the time of opening of “Financial Bid”, bidders, whose Technical Bids were found responsive, may be present. Bidder can witness the principal activities and view the documents/summary reports for that particular work by logging on to the portal with his DSC anywhere. The estimated effect of the price adjustment conditions, if any, under Clause 5 .46 of the Conditions of Contract, during the period of implementation of the Contract, will not be taken into account in Bid Evaluation.

3.34.3 Unbalanced Bids :- If the Bid of the successful Bidder is seriously unbalanced in the opinion of the JSCL by less than 20 % in relation to the JSCL’s estimate for the work to be performed under the contract, the JSCL will require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, and/or to demonstrate the internal consistency of these prices with the construction methods and schedule proposed. The bidder shall respond in not more than seven number of days of issue of the clarification letter as mentioned in Bid Data Sheet, failing which the bid of the bidder will be evaluated on its own merit. In cases of such unbalanced bids, JSCL will require that the amount of the performance security be increased from 10% to 20% of the bid value at the expense of the successful Bidder to a level sufficient to protect the JSCL against financial loss in the event of default of the successful Bidder under the Contract.

3.35. Negotiation of Bids

After examination, evaluation, and comparison of bids, the Bid Inviting Officer may, at his discretion, call the lowest bidder for negotiation on construction methodology, works programme, deployment of personnel , plant and machinery for construction etc. Special attention shall be paid to optimize the required output from the lowest bidder to define clearly the inputs required from the JSCL to ensure satisfactory implementation of the assignment.

3.36. Award of Contract Award Criteria a. Subject to Clause 31 of ITB, the JSCL will award the Contract to the Bidder whose bid has been

determined to be responsive and who has offered the lowest bid price. b. In the eventuality of failure on the part of the successful bidder after the issuance of Letter of

Award to submit the performance security within the 21 days the JSCL at his own discretion shall encash the bid security and the Bidder shall be debarred in future from participating in all the Bids from any Government owned agency/ corporation/authority/special purpose vehicle, for three years and will be recommended for blacklisting by the competent authority. In such a situation, the next successful bidder will be required to produce his Performance Security for consideration of his bid at the negotiated rate equal to lowest bidder otherwise the tender will be cancelled.



32

e) The Master Service Agreement and Service Level Agreement is provided in RFP Volume III.

3.37. JSCL's Right to Accept any Bid and to Reject any or all Bids

Notwithstanding Clause 31.1 the JSCL reserves the right to accept or reject any Bid and to cancel the Bidding process and reject all Bids at any time prior to the award of Contract, without assigning any reason therefor and 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 the JSCL's action.

3.38. Notification of Award and Signing of Agreement

a. The Bidder, whose Bid has been accepted, shall be notified of award by the JSCL prior to expiration of the Bid validity period by e-mail /courier. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the JSCL will pay to the Bidder in consideration of the execution, completion and remedying defects of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price").

b. The notification of award will constitute the formation of the Contract, subject only to the furnishing of a performance security in accordance with the provisions of Clause 31.4 within 21 days of issue of letter of award.

c. A detailed works program showing the general methods, arrangements, order and timing for all the activities in the Works along with quarterly planned value statement and milestone wise detail works program in accordance with the provisions of Clause 4.3(j) shall be submitted within one month of the signing of the contract agreement.

d. The Agreement will incorporate all agreements between the JSCL and the successful Bidder. It will be signed by the JSCL and kept ready for signature of the successful bidder in the office of the JSCL within 28 days following the issue of the Letter of Award.

e. Upon the furnishing by the successful Bidder of the Performance Security, the JSCL will promptly notify the other Bidders that their Bids have been unsuccessful.

3.39. Performance Security

a. Within 21 days of receipt of the Letter of Award, the successful Bidder shall deliver to the JSCL a Performance Security in the form of irrevocable, unconditional Bank Guarantee valid for a period as stipulated in Clause 49 of Conditions of Contract & as prescribed in Annexure 16 in the Contract Data for an amount equivalent to 10% of the Contract price and Additional Performance Security of 10% for unbalanced bids (Totalling 20% of bid value) in accordance with sub-clause 3.34 of ITB.

b. The performance security is to be provided by the successful Bidder in the form of unconditional, irrevocable Bank Guarantee in favour of Chief Executive Officer Jammu Smart City Limited, Jammu, from a Nationalized/Scheduled Indian bank.

c. In the event of the successful Bidder failing to comply with the requirements of Sub-Clause 3.39 such a failure shall constitute a breach of contract, cause for

d. annulment of the award, forfeiture of the bid security, and any such other remedy the JSCL may take under the contract, and the JSCL may resort to awarding the contract to the next ranked bidder.

e. Performance security shall be valid for the entire project duration of 45 months (09 months construction and 36 months from Go live) plus 30 days beyond the project completion period.



33

f. Part of Performance security (capex part) will be released to the contractor 06 months after the date of issuance of completion certificate by JSCL.

This Performance Bank Guarantee shall be invoked by JSCL in the event ,the Bidder: •

a. Fails to meet the overall penalty condition as mentioned in RFP Volume II or any

changes agreed between the parties,

b. fails to perform the responsibilities and obligations as set out in the RFP to the

complete satisfaction of JSCL,

c. Misrepresents facts/information submitted to JSCL.

The performance bank guarantee shall be valid till satisfactory completion of Post

Implementation Support. The performance bank guarantee may be discharged/returned by JSCL

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 Bidder being unable to service the contract for whatever reason(s), JSCL shall

have the right to invoke the PBG. Notwithstanding and without prejudice to any rights whatsoever

of JSCL under the contract in the matter, the proceeds of the PBG shall be payable to JSCL as

compensation for any loss resulting from the bidder’s failure to perform/comply its obligations

under the contract.

JSCL shall notify the bidder in writing of the exercise of its right to receive such compensation

within 40 days, indicating the contractual obligation(s) for which the bidder is in default JSCL shall

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

any other amount due to him, an equivalent value of any payment made to him due to

inadvertence, error, collusion, misconstruction or misstatement.

In case the project is delayed beyond the project schedule as mentioned in RFP Vol 2, the

performance bank guarantee shall be accordingly extended by the Bidder till completion of scope

of work as mentioned in RFP Volume II.

3.40. Advance Payment and Security a. The JSCL will provide an Advance Payment on the Contract Price as stipulated in the

Conditions of Contract, subject to maximum amount, as stated in the Contract Data. Interest for advance payments @RBI prime lending rate will be charged from the system Integrator till the same is fully recovered from the system Integrator. Recovery of advance payment will start from the first invoice and fully recovered during the construction period on prorate basis .



34

3.41. Dispute Resolution In case of disputes, the bidder shall approach the CEO JSCL for resolution of his grievance or point of dispute. If the Bidder is not satisfied with the decision of the CEO, JSCL, then the Bidder as the aggrieved party can request the dispute be referred for arbitration by the Arbitral Tribunal consisting of the sole Arbitrator to be nominated by the CEO, JSCL, who will resolve the dispute through provisions of Arbitration & Conciliation Act, 1996.

3.42. Grievance Redressal Procedure/Complaint Procedure

a. The bidder has the right to submit a written and signed complaint at any stage in the procurement process. The complaint will be addressed to the officer who has invited the bids.

b. The Bid Inviting Officer shall, within 5 working days of receipt of the complaint, acknowledge the receipt in writing to the complainant indicating that it has been received and the response will be sent in due course after detailed examination.

c. The Bid Inviting Officer shall convey the final decision to the complainant on the complaint received within a reasonable time, that will leave time for the bidder to submit his bid..

4. Selection Process for Bidder 4.1. Opening of Bids

The Bids shall be opened by JSCL in presence of those Bidders or their representatives who may be

present at the time of opening.

The representatives of the bidders should be advised to carry the identity card or a letter of authority

from the bidder firms to identify that they are bona fide representatives of the bidder firm, for

attending the opening of bid.

There will be bid opening for the following

a. EMD and Technical Bid

b. Commercial bid for responsive Bids

The venue, date and time for opening the Technical bids are mentioned in the IFB sheet. The date

and time for remaining bid process would be communicated to the responsive bidders who qualify

the respective stage of evaluation.

4.2. Preliminary Examination of Bids

JSCL shall examine the bids to determine whether they are complete, whether the documents have

been properly signed and whether the bids are generally in order. Any bids found to be

nonresponsive for any reason or not meeting any criteria specified in the RFP, shall be rejected by

JSCL and shall not be included for further consideration.

Initial Bid scrutiny shall be held and bids will be treated as non-responsive, if bids are:

a. Not submitted in format as specified in the RFP document



35

b. Received without the Letter of Authorization (Power of Attorney) c. Found with suppression of details d. With incomplete information, subjective, conditional offers and partial offers

submitted e. Submitted without the documents requested f. Non-compliant to any of the clauses mentioned in the RFP g. With lesser validity period h. Signature of Authorized personnel on all pages both on Hard & Copy of the bid.

4.3. Clarification on Bids

During the bid evaluation, JSCL may, at its discretion, ask the Bidder for any clarification(s) of its bid.

The request for clarification and the response shall be in writing, and no change in the price or

substance of the bid shall be sought, offered, or permitted.

4.4. Evaluation Process JSCL shall constitute a Tender Evaluation Committee to evaluate the responses of the bidders. The

Tender Evaluation Committee shall evaluate the responses to the RFP and all supporting

documents/documentary evidence. Inability to submit requisite supporting

documents/documentary evidence by bidders may lead to rejection of their bids.

The decision of the Tender Evaluation Committee in the evaluation of bids shall be final. No

correspondence will be entertained outside the process of evaluation with the Committee. The

Tender Evaluation Committee may ask for meetings or presentation with the Bidders to seek

clarifications or conformations on their bids. JSCL reserves the right to validate the authenticity of

the information provided in the Pre-qualification and Technical Evaluation criteria and the requisite

support must be provided by the respective bidder.

The Tender Evaluation Committee reserves the right to reject any or all bids. Each of the responses

shall be evaluated as per the criteria and requirements specified in this RFP.

The steps for evaluation are as follows:

Stage 1: Pre-Qualification a. JSCL shall validate the “Earnest Money Deposit (EMD)”.

b. Demand Draft as proof for payment of Tender Document Fee.

Stage 2: Technical Evaluation a. “Technical bid” will be evaluated only for the bidders who succeed in Stage 1.

b. JSCL will review the technical bids of the bidders who succeed in Stage-1 to determine

whether the technical bids are responsive or not. Bids that are not responsive are liable to

be disqualified by JSCL .



36

c. The bidders' technical solutions proposed in the bid document shall be evaluated as per the

requirements specified in the RFP and technical evaluation framework as mentioned in

Technical Evaluation Criteria and details in Section 11

Stage 3: Commercial Evaluation a. All the technically responsive bids will be notified to participate in Commercial Bid opening

process.

b. The commercial bids for the technically responsive bids shall then be opened on the notified

date and time and reviewed to determine whether the commercial bids are substantially

responsive. n.

c. The bid price shall include all taxes, and levies including GST and shall be in Indian Rupees

and mentioned separately.

d. Technically responsive bidder with the lowest price bid in the bidding process shall be

declared successful.

4.5. Original Equipment Manufacturer’s (OEM) Eligibility Criteria

OEM of IP Camera, Storage, Software and Network Switches Should have its own

service/Support centre in India and should have a Toll free number

OEM of IP Camera, Storage, Software and Network Switches should be ISO 9001, ISO

14001 and ISO 27001 certified.

4.5.1. OEM of all Hardware quoted for this tender should be a company registered under the companies

Act since last 5 years in India from the date of publishing of tender.( only for OEMs for which

Manufacturer’s Authorization Form is required). Documentary proof for the same needs to be

provided in the technical bid. In the absence of the same the technical bid of the bidder is liable

to be rejected.

4.5.2. The OEM of the IP Camera, Storage, Software and Network Switches should not be a company

having its major shareholding stake by any government or its entity or originated/founded by

personnel of Defense origin.

4.5.3. The OEM of the IP Camera, Storage, Software and Network Switches should not be blacklisted or

banned by any country or government department in any country. The OEM Should not have

any cheating or fraud case filed against their company for their respective product line.

4.5.4. The MAC address of the all IP based equipment’s must be registered in the name of quoted OEM

Brand.

4.5.5. All the Certifications and registrations of all OEM should be under OEM Brand only. The OEM

Brand name should be part of the OEM Company name and both names should not be different.

4.5.6. The OEM Company should not be a distributor or having/had business related to other brands of

same conflict products.

4.5.7. All the software features specified in the technical specifications of this document must be



37

available from day one of the purchase.

4.5.8. The proposed Cloud Service Provider (CSP) must be an empanelled cloud service provider by

MEITY (Ministry of Electronics and Information Technology) for Public cloud, Virtual Private Cloud

and Community Government Cloud.

4.5.9. All the software features specified in the technical specifications of this document must be

available from day one of the purchase.

4.5.10. Proposed Storage device model should be supplied and working in minimum 10 locations at any

government department in India

4.5.11. All Network Passive OEM of copper / Fiber and accessories should be of same make,

4.6. Bidder Eligibility Criteria 4.6.1. Bidder should not submit any certificate in favor of OEM Company name or brand name.

OEM should give undertaking in writing of direct support in case bidder is unable to provide

support or delay in support.

4.6.2. Bidder should have OEM Certified Network engineer for Active & Passive Network. System

integrator should have OEM certified engineer for IP CCTV, passive and active network

system should be latest before release of tender document.

4.6.3. Bidder should understand the technical requirement and specification before quoting for

the bid. After submission of tender no deviations from technical specifications and change

of product shall be allowed. If so found technical bid is liable to be rejected and price bid

of the bidder shall not be opened.

4.6.4. The Bidder should attach Authorization certificate from the IP Camera, LED Display panels

and switch etc. OEM of the exact Model to be used in this work, for the authenticity,

authorized representation and after sales support. The Director of the OEM Company in

India should sign the Authorization letter issued to Bidder.

4.6.5. Site visit is mandatory for understanding details like complete scope of work, detailed

requirement etc. The offer received without site visit shall not be considered. Copy of site

Visit report needs to be submitted along with the technical bid.

4.7. Technical Eligibility Criteria – Part A (OEM)

Sr. No Eligibility Criteria Document Proof Supporting Document

1

OEM of IP Camera, Storage, Software and Network Switches Should have its own service/Support center in India and should have a Toll free number

Service center address with proof and Last 12 months toll free bill coy

Required



38


2

OEM of IP Camera, Storage, Software and Network Switches should be ISO 9001, ISO 14001 and ISO 27001 certified.

All valid ISO documents should be submitted

Required

3

The OEM of the IP Camera, Storage, Software and Network Switches should not be a company having its major shareholding stake by any government or its entity or originated/founded by personnel of Defense origin outside India.

OEM Should provide undertaking on their letter head with company director Signature

Required

4

The OEM of the IP Camera, Storage, Software and Network Switches should not be blacklisted or banned by any country or government department in any country. The OEM Should not have any cheating or fraud case filed against their company for their respective product line.


Required

5

OEMs should be having a registered office in

India for the last five years from the date of publishing of tender. ( only for OEMs for which Manufacturer’s Authorisation Form is required. Documentary proof for the same needs to be provided in the technical bid. Non-compliance to this clause shall cause disqualification of bid


Required

6

The MAC address of the all IP based equipment’s must be registered in the name of quoted OEM Brand.

Mac Listing documents to be provided, should be available online

Required

7

All the Certifications and registrations of all OEM should be under OEM Brand only. The OEM Brand name should be part of the OEM Company name and both names should not be different.

Brand name for Trademark and Company incorporation for company name to be provided as proof of having both name are same.

Required

8

The OEM Company should not be an distributor or having/had business related to other brands of same conflict products.


Required

9

All the software features specified in the technical specifications of this document must be available from day one of the purchase.


Required

10

The proposed Cloud Service Provider (CSP) must be an empanelled cloud service provider by MEITY (Ministry of Electronics and Information Technology) for Public cloud,

Cloud service provider details must be enclosed

Required



39


Virtual Private Cloud and Community Government Cloud.

11

Proposed Storage device model should be supplied and working in minimum 10 locations at any government department in India

Order copies should be submitted with completion report.

Required

12

Advertisement Panel OEM should have atleast 250 numbers installation of outdoor wall in a single network with content being published centrally and control also being done centrally


Required

13

All Network Passive OEM of copper / Fiber and accessories should be of same make,


Required

14

The Network Switches OEM should have experience in any 2 of the following IT projects of Government Department /agencies in India includes

1. Single Project with 500 or More L2 Managed POE switches

2. Single Project with 300 or More L3 Managed Switches

3. Single Project with 6 or More chassis core routing switch having dual controller/ management cards

• Work Order / Copy of Contract for the project highlighting the scope of work undertaken

Required

15

The IP Camera OEM should have experience in any 2 of the following IT projects of Government Department /agencies in India includes

1. Supply of Single Project/Customer with 5000 or More IP Cameras with Varifocal Lens

2. Supplier IP cameras for Minimum 3 or more projects to city/town / Government industrial areas contains project value of each 10 Cr or more

3. Centralized multi location surveillance with minimum 500 locations as single


Required



40


project

Note: 4.7.1. The Bidder shall quote only one specific make and model from only one specific OEM, for each

of the goods. Providing more than one option shall not be allowed. All goods quoted by the Bidder must be associated with item code and names and with printed literature describing configuration and functionality. Any deviation from the printed specifications should be clearly mentioned in the offer document by the Bidder

4.7.2. The OEM for all active components should give a declaration that products or technology quoted are not end of- sale till 12 months from the date of RFP release and are not end-of-support till 5 years from date of RFP release

4.7.3. Cyber Security vendor should not have any known/declared/Published vulnerability/CVE at least in last 3 years. for instance, remote code Execution, cross site scripting, cross site request forgery, buffer overflow, back door, information disclosure etc

4.7.4. End Point Detection and Response, and Anti APT solution should be able to Share IOC among themselves and to Perimeter Security for Real time prevention.



41

4.8. Technical Eligibility Criteria – Part B (System Integrator)

#

Eligibility Criteria

Document Proof

Supporting Document Reference

1

The bidder shall either submit the bid as Sole Bidder or as consortium. In case of Consortium bid, one of the entities of the consortium shall be a termed as Lead bidder and other(s) would be termed as consortium members.

The Bidder (Sole / Lead member in case of Consortium / consortium members of the consortium-bid) shall be a registered entity under relevant Act in India. The Registration should be minimum 5 years or above from RFP Date.

Note: In case of Consortium: Max 3 companies (including the lead bidder) are allowed in a consortium.

• Incorporation Certificate o Sole / Lead Bidder /

Other member in the Consortium r : Copy of Certificate of Incorporation/ Registration under Companies Act in India

• For Consortium bids: Consortium Agreement clearly stating the o Roles and

Responsibilities of each member.

o All the consortium members are equally responsible and jointly & severally liable under this RFP for a. The delivery of

Products & services

b. Successful completion

of this

entire Project

c. Compliance the SLAs

o Authorization by authorized signatories of Consortium members authorizing the Lead Bidder to bid on their behalf for this RFP

PQ_1



42

#

Eligibility Criteria

Document Proof

Supporting Document Reference

2

The Average Annual Turnover (TO) in Indian Rupees for last 3 audited financial years.

• For Sole Bidder – Min INR 50 Cr • For Consortium Bid – Min INR 80

Cr. However the lead partner must meet 60% of the requirements and each JV partner must meet 30% of financial criteria and all partners combined must jointly meet the financial requirements.

• Certificate from the Statutory auditor clearly specifying the annual turnover for the specified years

PQ_2

3

The Sole Bidder or the Lead Bidder

/Consortium Member in case of a

Consortium, should possess all three

of the below Certifications which are

valid at the time of bid submission:

• ISO 9001:2008 or

Above – for Quality

Process

• ISO 20000:2011 for IT Service

Management or equivalent

certification

• ISO 27001:2005 for

Information Security

Management System

Copies of valid certificates in the name of the sole bidder or the Lead bidder in case of a Consortium

PQ_3

4

Prior Project Experience for the Sole Bidder or the Lead Bidder /Consortium Member either as OEM or System Integrator shall have successfully implemented in last 7 years (i) Single work with IP based cameras project of value not less than 10.00 cr. or (ii)Two works with IP based cameras project of value not less than 6.25cr or (iii) Three works with IP based cameras project of value not less than

• Work Order / Copy of Contract for the project highlighting the scope of work undertaken and Client Certificate for Completion

PQ_4



43

5.00cr

5 As on date of submission of the proposal, The Sole Bidder or any of the consortium/JV members (in case of consortium/JV) shall not be blacklisted/Debarred by any State / Central Government Department or Central /State PSUs

Affidavit duly notarized to be submitted by the sole bidder and all the consortium members (in case of consortium/ JV)

PQ_5

6. The assessed available bid capacity

of the bidder should not be less

than: A*N*2.5 – B + C , Where,

A = Maximum Value of similar

works, excluding the amount of

bonus received, executed in any

one year during the last five years

(updated to the bid invitation year

price level using the updation

factor given below considering the

completed as well as works in

progress).

N = Number of years (or fraction of

a year) prescribed for completion

of the works for which the present

bid is invited.

B = Value, updated to the current

price level, of existing

commitments, including those for

which date of commencement/

Appointed date has been declared

and ongoing works to be

completed during the period of

completion of the works for which

this bid is invited.

C = Amount of Bonus received, if

any, during the last five years.

Year Year-1 Year -2 Year -3 Year -4 Year -5

The bidder shall produce the statements of ongoing works and bonus received countersigned by the client/ engineer incharge not below the rank of Executive Engineer



44

(2018-19) (2017-

18)

(2016-

17)

(2015-16) (2014-

15)

Updation

Factor

1.0 1.05 1.10 1.15 1.20

.

4.9. Make/ Model and MAF requirement List:

Make and Model List

Sr. No ITEM Make Model MAF

A Central Location

1 Firewall and Anti-APT Required

2 Core, TOR, Access and Edge Industrial Switch Required

3 Rack Server, GPU Rack Server and Workstation Required

4 SAN/IP SAN Storage Required

5 Video Wall Required

6 Video Management Software Required

7 DC UPS Required

8 Field UPS Required

9 AD Panels Required

10 Surveillance Cameras, ANPR/RLVD Camera Required

11 ANPR/RLVD and VA software Required

12 DC and Outdoor Racks Required

13 IP PA System Required

14 Smart Sensors Required

4.10. Technical Evaluation Criteria

Technical Evaluation Framework

The Bidder's technical solution proposed in the Technical Evaluation bid shall be evaluated as per the

evaluation criteria in the following table.

Category

Evaluation Framework

Weightage

A Organizational Capability 20

B Prior Experience 60

C project plan and Key professionals 10

D Solution design 10

Technical Score 100



45

Technical Evaluation Parameters

#

Technical Evaluation Criteria

Technical Evaluation parameter

Points

Supporting Forms

A. Bidders Organization Capability

A1

Average Annual Turnover of last 3 audited financial years. In case of consortium, the Turn Over of all the members will be taken together

Turnover (in INR)

More than 80 Cr. >= 70 Cr. and <80 Cr. >= 60 Cr. and <70 Cr. >= 50 Cr. and <60 Cr.

Marks

10 9

8 7

10

Certificate from Statutory Auditor from the respective organization

A2

The Sole Bidder or the Lead

Bidder /Consortium Member

in case of a Consortium,

should possess all three of

the below Certifications

which are valid at the time

of bid submission:

• ISO 9001:2008 or

Above – for Quality

Process

• ISO 20000:2011 for IT

Service Management or

equivalent certification

• ISO 27001:2005 for Information Security Management System

Turnover (in INR)

All ISO Certificates. Any 2 ISO Certificate One ISO Certificate

Marks

5 3.5

Not Qualified for bid

5

Copies of all valid ISO to be submitted



46

#



Points

Supporting Forms

B. Project Experience of Bidder

B1

Prior Project Experience for the Sole Bidder or the Lead Bidder /Consortium Member either as OEM or System Integrator shall have successfully implemented for the last seven years:

Command & Control Centre for City wide Surveillance System/Safe City/ITMS or

Centralized solution for more than 1000 IP cameras or ITMS for more than 60 Junctions in a Single Work order/Contract completed. ITMS refers to Intelligent Traffic Management System including Red Light Violation Detection System , Automatic Number Plate Recognition System , Over Speed Detection System and E-Challan System

The bidder (either lead or any member of consortium) should have experience in Qualifying Project Marks are allocated based on number of projects executed No. of Projects Marks >= 3 projects 15 = 2 projects 12 = 1 project 10

15

Copy of Work Order and completion certificate

B2

Prior Project Experience for the Sole Bidder or the Lead Bidder /Consortium Member either as OEM or System Integrator shall have successfully implemented single project with 1000 IP Based cameras for the last seven years:

The bidder (either lead or any member of consortium) should have experience in Qualifying Project of Minimum 1000 IP cameras Marks are allocated based on number of cameras executed in a single project

Criteria Marks

>=3000 15

>=2000 and <3000 12

>=1000 and <2000 10

15 Copy of Work Order and completion certificate



47

B3

Prior Project Experience for the Sole Bidder or the Lead Bidder /Consortium Member either as OEM or System Integrator shall have successfully implemented projects with minimum 1000 IP Based cameras for the last seven years:

The bidder (either lead or any member of consortium) should have experience in Qualifying Project of Minimum 1000 IP cameras Marks are allocated based on number of projects executed

Criteria Marks

05 projects or more 15

04 projects 12

Minimum 03 projects 10

15

Copy of Work Order and completion certificate

B4

Prior Project Experience for the Sole Bidder or the Lead Bidder /Consortium Member either as OEM or System Integrator shall have successfully implemented for the last seven years (i) Single work with IP based cameras project of value not less than 10.00 cr. or (ii)Two works with IP based cameras project of value not less than 6.25cr ( These two projects will be treated as a single project for allotment of marks) or (iii) Three works with IP based cameras project of value not less than 5.00cr ( (These three projects will be treated as a single project for allotment of marks)

The bidder (either lead or any member of consortium) should have experience in Qualifying Project of Minimum 1000 IP cameras Marks are allocated based on number of projects executed

Criteria Marks

03 projects or more 15

02projects 12

Minimum 01 projects 10

15



48

#



Points

Supporting Forms

C. Project Plan and Key Professionals

C1

Project Plan

Implementation plan (with Gantt Chart week-wise Resource Loading)

5

Detailed in Approach & Methodology

C2 Key Professionals (01 mark for each professional)

Qualification – 2 Relevant Experience -3 Distributed among key resources

5 The detailed CVs of the proposed Manpower Resources duly self-attested and by the competent authority of the bidder. The written consent from the proposed deployed manpower should be submitted in the technical bid.

#



Points

Supporting Forms

D. Solution Soundness

Each of the following criteria for proposed solution by the bidder will be evaluated:

D1

Solution Soundness

Parameter Marks Redundancy 1 High Availability 1 Interoperability/Integration

1

Capability Machine Learning based + AI 1

Programming of SOP 1 IoT layer 1 Dashboard Data Analytics 1 Scalability 1 Network Connectivity 1 Ease of Business 1

10

Detailed in Approach & Methodology



49

Key Personnel Criteria

SI shall provide adequate number of personnel, each responsible for a specific role within the project. SI shall provide clear definition of the role and responsibility of each individual personnel. SI shall have a defined hierarchy and reporting structure for various teams that shall be part of the project. SI has to provide the list of proposed Resources for the Project. Any changes in Resource deployment will have to be approved by the Authority.

Following table indicates the minimum qualification required for Key Positions identified for this project. However, SI shall independently estimate the teams size required to meet the requirements of Service Levels as specified as part of this tender.

All the below mentioned Positions shall be Onsite throughout the entire project implementation phase.

# Position Minimum Qualifications & Experience

1.

Project Manager

Education: MBA/MCA/M. Tech & B. Tech/B.E. from a recognized educational institution Experience: Minimum 10 years in IT sector. Should have more than 5 years of experience of handling such large projects as a project manager

2.

Traffic Management and Monitoring System Expert

a) B.Tech / B.E in IT/Electronics/Computer sciences from a recognized educational institution b) Experience: Minimum 7 years. Should have experience in

designing & implementing Traffic violation detection and CCTV

surveillance systems for minimum

c) 2 projects of value more than INR 50 Cr. .

3.

Solution Architect

a) B. Tech/B.E. IT/Electronics/Computer sciences from a recognized educational institution b) Minimum 5 years in IT sector. Should have Experience of more than 3 years as a Solution Architect in large projects of similar nature

4.

QA Manager

a) B.Tech/B.E in IT/Electronics/Computer sciences

from a recognized educational institution

b) Experience: Should have a minimum 5 years of

Experience as a QA manager in similar nature

5.

Data Center operations Expert

a) B.Tech / M.Tech/MBA/MCA from recognized educational

institution

b) Experience: Should have a minimum 7 years of

experience in Managing Data Center Operations for a project size of more than INR 100 Cr.



50

Apart from the above –mentioned resources, the selected implementation partners shall also

propose manpower to be deployed during the Operation & Maintenance phase of the Project as

provided in the format.

Any additional or support manpower shall be estimated and should be accounted for in the

Commercial proposal by the implementation partners, so that, the project as per the scope

defined and agreement are fulfilled, and the project objectives are met.

5. Warranty & Maintenance

Bidder shall also provide complete maintenance support for all the proposed integrated solution as

outlined in this RFP for a period of Thirty Sixt months from the date of go-live i.e. “Go-Live” + 36

months. “Go-live” is the date on which the proposed solution is completely operational as per the

requirements provided in this RFP and all the acceptance tests are successfully concluded to the

satisfaction of JSCL.

During the warranty period, the bidder shall warrant that the goods supplied under the contract are

new, unused, of the most recent version/models and incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The bidder further warrants that the goods

supplied under this contract shall have no defects arising from design, materials or workmanship.

JSCL or designated representatives of the bidder shall promptly notify successful bidder in writing of

any claims arising under this warranty. Upon receipt of such notice, the bidder shall, within the

warranty period and with all reasonable speed, repair or replace the defective systems, without costs

to JSCL and within time specified and acceptable to JSCL

If the successful bidder, having been notified, fails to remedy the defect(s) within the period

specified in the contract, JSCL may proceed to take such reasonable remedial action as may be

necessary, at the successful bidder’s risk and expense and without prejudice to any other rights, which

JSCL may have against the bidder under the contract.

During the comprehensive warranty period, the successful bidder shall provide all product(s) and

documentation updates, patches/fixes, and version upgrades within 15 days of their availability and

should carry out installation and make operational the same at no additional cost to JSCL

The successful bidder hereby warrants JSCL that:

i. The implemented integrated solution represents a complete, integrated solution meeting all

the requirements as outlined in the RFP and further amendments if any and provides the

functionality and performance, as per the terms and conditions specified in the contract.

ii. The proposed integrated solution shall achieve parameters delineated in the technical

specification/requirement.

iii. The successful bidder shall be responsible for warranty services from licensers of products

and services included in the systems till the complete cycle of this contract.

iv. The successful bidder undertakes to ensure the maintenance of the acceptance

criterion/standards in respect of the systems during the warranty period.



51

6. Annexure 1: Details of Bidder

6.1 General

a. Name of Company:

b. Country of Incorporation:

c. Address of the corporate headquarters and its branch office(s), if any, in India:

d. Date of incorporation and/or commencement of business:

6.2 Brief description of the company including details of its main lines of business and proposed role and responsibility in this project.

6.3 Details of Joint Venture/Consortium members & Lead Member.

6.4 Details of individual (s) who will serve as the point of contact/communication for the Company:

a. Name:

b. Designation

c. Company:

d. Address:

e. Telephone Number:

f. E-Mail Address:

g. Fax Number:

6.5 Particulars of the Authorised Signatory of the Bidder: a. Name:

b. Designation:

c. Address:

d. Phone Number:

e. Fax Number:



52

7. Annexure 2 – Template for Pre-Bid Queries

Bidder shall submit all pre-bid queries in excel in the following format.

# Vol. No Sec. No Clause No Page No Content in the RfP Clarification sought



53

8. Annexure 3 – Formats for Submission of the Pre-Qualification Bid

8.1. Annexure 3 – Formats for Submission of the Qualification Bid

Technical Qualification bid checklist – Part A (OEM)

Sr. No

Eligibility Criteria Document Proof

Compliance

(Yes or No)

Reference in Bid

1

OEM of IP Camera, Storage, Software and Network Switches Should have its own service/Support center in India and should have a Toll free number

Service center address with proof and Last 12 months toll free bill coy

Required

2

OEM of IP Camera, Storage, Software and Network Switches should be ISO 9001, ISO 14001 and ISO 27001 certified.

All valid ISO documents should be submitted

Required

3

The OEM of the IP Camera, Storage, Software and Network Switches should not be a company having its major shareholding stake by any government or its entity or originated/founded by personnel of Defense origin.


Required

4

The OEM of the IP Camera, Storage, Software and Network Switches should not be blacklisted or banned by any country or government department in any country. The OEM Should not have any cheating or fraud case filed against their company for their respective product line.


Required

5

OEMs should be having a registered office in India for the last five years

from the date of publishing of tender. ( only for OEMs for which Manufacturer’s Authorisation Form is required. Documentry proof for the same needs to be provided in the technical bid. Non-compliance to this clause shall cause disqualification of bid


Required



54

Sr. No


Compliance

(Yes or No)

Reference in Bid

6

The MAC address of the all IP based equipment’s must be registered in the name of quoted OEM Brand.

Mac Listing documents to be provided, should be available online

Required

7

All the Certifications and registrations of all OEM should be under OEM Brand only. The OEM Brand name should be part of the OEM Company name and both names should not be different.

Brand name for Trademark and Company incorporation for company name to be provided as proof of having both name are same.

Required

8

The OEM Company should not be an distributor or having/had business related to other brands of same conflict products.


Required

9

All the software features specified in the technical specifications of this document must be available from day one of the purchase.


Required

10

The proposed Cloud Service Provider (CSP) must be an empanelled cloud service provider by MEITY (Ministry of Electronics and Information Technology) for Public cloud, Virtual Private Cloud and Community Government Cloud.

Cloud service provider details must be enclosed

Required

11

Proposed Storage device model should be supplied and working in minimum 10 locations at any government department in India


Required

12

Advertisement Panel OEM should have atleast 250 numbers installation of outdoor wall in a single network with content being published centrally and control also being done centrally


Required

13

All Network Passive OEM of copper / Fiber and accessories should be of same make,


Required



55

Sr. No


Compliance

(Yes or No)

Reference in Bid

14

The Network Switches OEM should have experience in any 2 of the following IT projects of Government Department /agencies in India includes

4. Single Project with 500 or More L2 Managed POE switches

5. Single Project with 300 or More L3 Managed Switches

6. Single Project with 6 or More chassis core routing switch having dual controller/ management cards


Required

15

The IP Camera OEM should have experience in any 2 of the following IT projects of Government Department /agencies in India includes

4. Supply of Single Project/Customer with 5000 or More IP Cameras with Varifocal Lens

5. Supplier IP cameras for Minimum 3 or more projects to city/town / Government industrial areas contains project value of each 10 Cr or more

6. Centralized multi location surveillance with minimum 500 locations as single project


Required



56

Technical Qualification bid checklist – Part B (System Integrator)

Sr. No Eligibility Criteria Document Proof Compliance (Yes or No)

Ref. in bid

1 Earnest Money Deposit Bank Guarantee

2

The bidder shall either submit the bid as Sole Bidder or as consortium. In case of Consortium bid, one of the entities of the consortium shall be a termed as Lead bidder and other(s) would be termed as consortium members. The Bidder (Sole / Lead member in case of Consortium / consortium members of the consortium-bid) shall be a registered entity under relevant Act in India. The Registration should be minimum 5 years or above from RFP Date. Note: In case of Consortium: Max 3 companies (including the lead bidder) are allowed in a consortium. For mode details please refer section 2.2 of this volume in the RFP

Incorporation Certificate Sole / Lead Bidder / Other member in the Consortium: Copy of Certificate of Incorporation / Registration under Companies Act in India For Consortium bids: Consortium Agreement clearly stating the Roles and Responsibilities of each member. All the consortium members are equally responsible and jointly & severally liable under this RFP for a. The delivery of Products & services b. Successful completion of this entire Project c. Compliance the SLAs Authorization by authorized signatories of Consortium members authorizing the Lead Bidder to bid on their behalf for this RFP

3

(A1) The Average Annual Turnover (TO) in Indian Rupees for last 3 audited financial years.

• For Sole Bidder – Min INR 50 Cr

• For Consortium Bid - Turnover of all members together should have Min. INR 70 Cr

Certificate from the Statutory auditor clearly specifying the annual turnover for the specified years



57


Ref. in bid

4

(A2) The Sole Bidder or the Lead Bidder / Consortium Member in case of a Consortium, should possess any three of the below Certifications which are valid at the time of bid submission:

• ISO 9001:2008 or Above – for Quality Process

• ISO 20000:2011 for IT Service Management or equivalent certification

• ISO 27001:2005 for Information Security Management System

Copies of valid certificates in the name of the sole bidder or the Lead bidder in case of a Consortium

5

(B1) Prior Project Experience for the Sole Bidder or the Lead Bidder /Consortium Member either as OEM or System Integrator shall have successfully implemented for the last seven years:

Command & Control Centre for City wide Surveillance System/Safe City/ITMS or

Centralized solution for more than 1000 IP cameras or ITMS for more than 60 Junctions in a Single Work order/Contract completed.

ITMS refers to Intelligent Traffic Management System including Red Light Violation Detection System , Automatic Number Plate Recognition System , Over Speed Detection System and E-Challan System

Work Order and completion certificate

6

(B2) Prior Project Experience for the Sole Bidder or the Lead Bidder




58


Ref. in bid

/Consortium Member either as OEM or System Integrator shall have successfully implemented single project with 1000 IP Based cameras for the last seven years:

7.

(B3) Prior Project Experience for the Sole Bidder or the Lead Bidder /Consortium Member either as OEM or System Integrator shall have successfully implemented projects with 1000 IP Based camera for the last seven years:


8

(B4) Prior Project Experience for the Sole Bidder or the Lead Bidder /Consortium Member either as OEM or System Integrator shall have successfully implemented for the last seven years (i) Single work with IP based cameras project of value not less than 10.00 cr. or (ii)Two works with IP based cameras project of value not less than 6.25cr ( These two projects will be treated as single project for allotment of marks) or (iii) Three works with IP based cameras project of value not less than 5.00cr ( (These three projects will be treated as single project for allotment of marks)


9

(C1) Project Paln

Implementation plan (with Gantt week-wise Resource Loading)

10 (C2) Key Professionals CVs should be attached



59

8.2. Pre-Qualification Bid Covering Letter

Date: dd/ mm / yyyy

To,

[ ]

Sub: Cover Letter for Bid Submission

Ref: RfP No. <<…..>> dated << …..>>

Dear Sir,

With reference to your “Request for Proposal for Selection of System Integrator for Design,

Supply, Implement, Commission, Operate & Manage the ITMS, Add Panels for Jammu Smart

City ”, we hereby submit our Technical Bid and Commercial Bid for the same.

We hereby declare that:

a. We hereby acknowledge and unconditionally accept that the JSCL can at its absolute

discretion apply whatever criteria it deems appropriate, not just limiting to those criteria

set out in the RFP and related documents, in short listing of Agency for providing services.

b. We have submitted EMD of Indian Rupees[ ] Crores and Tender fee of Indian Rupees[ ]

through Bank Guarantee in the <<Account details>>.

c. We hereby declare that all information and details furnished by us in the Bid are true and

correct, and all documents accompanying such application are true copies of their

respective originals.

d. We agree to abide by our offer for a period of 180 days from the date of opening of pre-

qualification bid prescribed by JSCL and that we shall remain bound by a communication

of acceptance within that time.

e. We have carefully read and understood the terms and conditions of the RFP and the

conditions of the contract applicable to the RFP. We do hereby undertake to provision as

per these terms and conditions.

f. In the event of acceptance of our bid, we do hereby undertake:

i. To supply the products and commence services as stipulated in the RFP document

ii. To undertake the project services for entire contract period from the date of signing

of the contract as mentioned in the RFP document.

iii. We affirm that the prices quoted are inclusive of design, development, delivery,

installation, commissioning, training, providing facility management and handholding

support, and inclusive of all out of pocket expenses, GST, levies discounts etc.

We do hereby undertake, that, until a formal contract is prepared and executed, this bid,

together with your written acceptance thereof and notification of award of contract, shall

constitute a binding contract between us



60

In case of any clarification please contact _

Thanking you,

Yours sincerely,

(Signature of the Lead bidder and consortium partners)

Printed Name Designation

Seal

• Date:

• Place:

• Business Address:



61

8.3. Company profile

A. Brief company profile

(Incase of consortium bid this same table details to be filled for the Lead & Consortium

Members as well)

B. Certificate of Incorporation/Registration (required for both bidder and

Consortium members)

C. Financial Turnover

The financial turnover of the company is provided as follows:

2018 – 19 2017 – 18 2016 – 17

Annual Turnover of Lead Bidder

Annual Turnover of Consortium Partner 1

Annual Turnover of Consortium Partner 2

Copy of audited financial statements or declaration from the appointed statutory auditor to

be provided as proof of the financial turnover



62

•

8.4. Declaration of Non-Blacklisting

(To be provided on the Company letter head)

To,

[ ]

Place Date

Subject: Self Declaration of not been blacklisted in response to the Request for Proposal for Selection

of System Integrator for Design, Supply, Implement, Commission, Operate & Manage the ITMS,

Add Panels for Jammu Smart City

Ref: RFP No. <<…..>> dated << …..>>

Dear Sir,

We confirm that our company or firm, _ ,is currently not blacklisted or banned

by any country or government department or any of the State or UT and or Central

Government of any country, also confirm that not having/had any cheating or fraud case filed

against the company for the respective product line in India on any ground including but not

limited to indulgence in corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice.

(Signature of the Lead Bidder/OEM/Consortium Partners)

Printed Name Designation –Director of the Company

Seal

Date:

Place:

Business



63

•

8.5. No Deviation Certificate


{Place}

{Date}

To,

[ ]

This is to certify that our offer is exactly in line with your tender enquiry/RFP (including

amendments) no. _ dated . This is to expressly certify that our offer

contains no deviation either Technical (including but not limited to Scope of Work, Business

Requirements Specification, Functional Requirements Specification, Hardware Specification

and Technical Requirements Specification) or Commercial in either direct or indirect form.

(Authorized Signatory)

Signature:

Name:

Designation:

Address:

Seal:

Date



64

8.6. Total Responsibility Certificate


{Place}

{Date}

To,

[ ]

This is to certify that we undertake the total responsibility for the defect free operation of the

proposed solutions as per the requirement of the RFP for the duration mentioned in all the

volumes of the RFP.

(Authorized Signatory)

Signature:

Name:

Designation:

Address:

Seal:

Date:



65

•

8.7. Self-certificate for Project execution experience (In Bidding Entity’s Letter Head)

This is to certify that <Name of the Bidding entity> has been awarded with < Name of the Project

> as detailed under:

Name of the Project

Client's Name, Contact no. and

Complete Address

Contract Value for the bidder

(in Indian Rupees)

Current status of the project

(Completed/Ongoing)

Activities completed by bidding entity

as on bid submission date

(N.B Only relevant activities as sought

in the Criteria to be included)

Value of Work completed for which

payment has been received from the

client.

Date of Start

Date of Completion

(Authorized

Signatory)

Signature:

Name:

Designati

on:

Bidding entity’s

name Address:

Seal:

Date:



66

9. Annexure 4: Non-Disclosure Agreement

THIS AGREEMENT is made on this the <***> day of <***> 20--- at <***>, India.

BETWEEN

------------------------------------------------------------------------------- having its office at ----------------------------

------------------------------------- India hereinafter referred to as ‘Purchaser’ or ‘------------------’, which

expression shall, unless the context otherwise requires, include its permitted successors and

assigns);

AND

<***>, a Company incorporated under the Companies Act, 1956, having its registered office at <***>

(hereinafter referred to as ‘the Implementation Agency/IA’ which expression shall, unless the

context otherwise requires, include its permitted successors and assigns).

Each of the parties mentioned above are collectively referred to as the ‘Parties’ and individually as a

‘Party’.

WHEREAS:

1. Purchaser is desirous to implement the project of ------------------------.

2. The Purchaser and Implementation Agency have entered into a Master Services Agreement

dated <***> (the “MSA”) as well as a Service Level Agreement dated <***> (the “SLA”) in

furtherance of the Project.

3. Whereas in pursuing the Project (the “Business Purpose”), a Party (“Disclosing Party)

recognizes that they will disclose certain Confidential Information (as defined hereinafter) to

the other Party (“Receiving Party”).

4. Whereas such Confidential Information (as defined hereinafter) belongs to Receiving Party

as the case may be and is being transferred to the Disclosing Party to be used only for the

Business Purpose and hence there is a need to protect such information from unauthorized

use and disclosure.

NOW THEREFORE, in consideration of the mutual covenants, promises, assurances,

representations and provisions set forth herein, the Parties hereto agree as follows:

DEFINITIONS AND INTERPRETATION

9.1. Definitions Terms and expressions used in this Agreement (including the Introduction) shall have the

same meanings set out in Schedule I of MSA.



67

9.2. Interpretation In this Agreement, unless otherwise specified:

(a) references to Clauses, Sub-Clauses, Paragraphs and Schedules are to clauses,

subclauses, paragraphs of and schedules to this Agreement;

(b) use of any gender includes the other genders;

(c) references to a ‘company’ shall be construed so as to include any company,

corporation or other body corporate, wherever and however incorporated or

established;

(d) references to a ‘person’ shall be construed so as to include any individual, firm,

company, government, state or agency of a state, local or municipal authority or

government body or any joint venture, association or partnership (whether or not

having separate legal personality);

(e) a reference to any statute or statutory provision shall be construed as a reference to

the same as it may have been, or may from time to time be, amended, modified or

reenacted;

(f) any reference to a ‘day’ (including within the phrase ‘business day’) shall mean a

period of 24 hours running from midnight to midnight;

(g) references to a ‘business day’ shall be construed as a reference to a day (other than

a

Sunday) on which banks in the state of <***> are generally open for business;

(h) references to times are to Indian standard time;

(i) a reference to any other document referred to in this Agreement is a reference to that

other document as amended, varied, novated or supplemented at any time; and

(j) all headings and titles are inserted for convenience only. They are to be ignored in

the interpretation of this Agreement.

9.3. Measurements and Arithmetic Conventions All measurements and calculations shall be in the metric system and calculations done to 2

(two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5

(five) being rounded down except in money calculations where such amounts shall be rounded

off to the nearest INR.

9.4. Ambiguities within Agreement In case of ambiguities or discrepancies within this Agreement, the following principles shall

apply:

(a) as between two Clauses of this Agreement, the provisions of a specific Clause

relevant to the issue under consideration shall prevail over those in a general Clause;



68

(b) as between the provisions of this Agreement and the Schedules, the Agreement shall

prevail, save and except as expressly provided otherwise in the Agreement or the

Schedules; and

(c) as between any value written in numerals and that in words, the value in words shall prevail.

9.5. Priority of agreements The Parties hereby expressly agree that for the purpose of giving full and proper effect to this

Agreement, the MSA and this Agreement shall be read together and construed harmoniously.

In the event of any conflict between the MSA and this Agreement, the provisions contained in

the MSA shall prevail over this Agreement.

9.6. Term This Agreement will remain in effect for five years from the date of the last disclosure of

Confidential Information (“Term”), at which time it will terminate, unless extended by the

disclosing party in writing.

9.7. Scope of the Agreement (a) This Agreement shall apply to all confidential and proprietary information disclosed

by Disclosing Party to the Receiving Party and other information which the disclosing

party identifies in writing or otherwise as confidential before or within (30) thirty days

after disclosure to the Receiving Party (“Confidential Information”). Such Confidential

Information consists of certain specifications, documents, software, prototypes and/or

technical information, and all copies and derivatives containing such Information that

may be disclosed to the Disclosing Party for and during the Business Purpose, which

a party considers proprietary or confidential.

(b) Such Confidential Information may be in any form or medium, tangible or intangible,

and may be communicated/disclosed in writing, orally, or through visual observation

or by any other means to the Receiving Party.

9.8. Obligations of the Receiving Party The Receiving Party shall:

(c) use the Confidential Information only for the Business Purpose and shall hold the

Confidential Information in confidence using the same degree of care as it normally

exercises to protect its own proprietary information, taking into account the nature of

the Confidential Information, and

(d) grant access to Confidential Information only to its employees on a ‘need to know

basis’ and restrict such access as and when not necessary to carry out the Business

Purpose.

(e) cause its employees to comply with the provisions of this Agreement;



69

(f) reproduce Confidential Information only to the extent essential to fulfilling the

Business Purpose, and

(g) prevent disclosure of Confidential Information to third parties; (h) disclose the Confidential Information to its consultants/contractors on a need to know

basis; provided that by doing so, the Receiving Party agrees to bind such consultants/

contractors to terms at least as restrictive as those stated herein. The Receiving Party

upon making a disclosure under this Clause shall:

(i) advise the consultants/contractors of the confidentiality obligations imposed on

them by this Clause.

(i) upon the Disclosing Party's request, the Receiving Party shall either return to the

disclosing party all Confidential Information or shall certify to the disclosing party that

all media containing Confidential Information have been destroyed.

Provided, however, that an archival copy of the Confidential Information may be

retained in the files of the Receiving Party's counsel, solely for the purpose of proving

the contents of the Confidential Information.

(j) not to remove any of the other Party’s Confidential Information from the premises of

the Disclosing Party without prior written approval.

(k) exercise extreme care in protecting the confidentiality of any Confidential Information

which is removed, only with the Disclosing Party’s prior written approval, from the

Disclosing Party’s premises. Each Party agrees to comply with any and all terms and

conditions the disclosing party may impose upon any such approved removal, such

as conditions that the removed Confidential Information and all copies must be

returned by a certain date, and that no copies are to be made off of the premises.

(l) Upon the Disclosing Party’s request, the Receving Party shall promptly return to the

Disclosing Party all tangible items containing or consisting of the disclosing party’s

Confidential Information all copies thereof.

9.9. Exceptions to Confidential Information The foregoing restrictions on each party's use or disclosure of Confidential Information shall

not apply to the Confidential Information that the Receiving Party can demonstrate that such

Confidential Information:

(m) was independently developed by or for the Receiving Party without reference to the

Information, or was received without restrictions; or

(n) has become generally available to the public without breach of confidentiality

obligations of the Receiving Party; or

(o) was in the Receiving Party's possession without restriction or was known by the

Receiving Party without restriction at the time of disclosure; or



70

(p) is the subject of a subpoena or other legal or administrative demand for disclosure;

provided, however, that the Receiving Party has given the disclosing party prompt

notice of such demand for disclosure and the Receiving Party reasonably cooperates

with the disclosing party's efforts to secure an appropriate protective order; or

(q) is disclosed with the prior consent of the disclosing party; or

(r) was in its possession or known to it by being in its use or being recorded in its files

or computers or other recording media prior to receipt from the disclosing party and

was not previously acquired by the Receiving Party from the disclosing party under

an obligation of confidence; or

(s) the Receiving Party obtains or has available from a source other than the disclosing

party without breach by the Receiving Party or such source of any obligation of

confidentiality or non-use towards the disclosing party.

9.10. Ownership of The Confidential Information (t) Each Party recognizes and agrees that all of the disclosing Party’s Confidential

Information is owned solely by the Disclosing Party (or its licensors) and that the

unauthorized disclosure or use of such Confidential Information would cause

irreparable harm and significant injury, the degree of which may be difficult to

ascertain. (b) By disclosing the Confidential Information or executing this Agreement,

Disclosing Party does not grant any license, explicitly or implicitly, under any

trademark, patent, copyright, mask work protection right, trade secret or any other

intellectual property right. The Disclosing Party disclaims all warranties regarding the

information, including all warranties with respect to infringement of intellectual

property rights and all warranties as to the accuracy or utility of such information.

(c) Access to Confidential Information hereunder shall not preclude an individual who

has seen such Confidential Information for the purposes of this Agreement from

working on future projects for the Disclosing Party which relate to similar subject

matters, provided that such individual does not make reference to the Confidential

Information and does not copy the substance of the Confidential Information during

the Term. Furthermore, nothing contained herein shall be construed as imposing any

restriction on the Receving Party's disclosure or use of any general learning, skills or

know-how developed by the Receving Party's personnel under this Agreement.

(d) Execution of this Agreement and the disclosure of Confidential Information pursuant

to this Agreement do not constitute or imply any commitment, promise, or inducement

by either Party to make any purchase or sale, or to enter into any additional

agreement of any kind.

9.11. Dispute Resolution (u) If a dispute arises in relation to the conduct of this Contract (Dispute), a party must

comply with this clause 7 before starting arbitration or court proceedings (except



71

proceedings for urgent interlocutory relief). After a party has sought or obtained any

urgent interlocutory relief that party must follow this clause 7.

(v) A party claiming a Dispute has arisen must give the other parties to the Dispute notice

setting out details of the Dispute.

(w) During the 14 days after a notice is given under clause 7(b) (or longer period if the

parties to the Dispute agree in writing), each party to the Dispute must use its

reasonable efforts through a meeting of Senior Executive (or their nominees) to

resolve the Dispute. If the parties cannot resolve the Dispute within that period then

any such dispute or difference whatsoever arising between the parties to this Contract

out of or relating to the construction, meaning, scope, operation or effect of this

Contract or the validity of the breach thereof shall be referred to a sole arbitrator to

be appointed by mutual consent of both the parties herein. If the parties cannot agree

on the appointment of the arbitrator within a period of one month from the notification

by one party to the other of existence of such dispute, then the Arbitrator shall be

appointed by the High Court of the jurisdiction specified in this agreement. The

provisions of the Arbitration and Conciliation Act, 1996 will be applicable and the

award made there under shall be final and binding upon the parties hereto, subject

to legal remedies available under the law. Such differences shall be deemed to be a

submission to arbitration under the Indian Arbitration and Conciliation Act, 1996, or

of any modifications, Rules or re-enactments thereof. The Arbitration proceedings will

be held at the jurisdiction specified in Item 27. Any legal dispute will come under the

sole jurisdiction specified in Item 27.

(b) The Receving Party agrees that the Disclosing Party shall have the right to obtain an

immediate injunction enjoining any breach of this Agreement, as well as the right to

pursue any and all other rights and remedies available at law or in equity for such a

breach.

9.12. Variation This Agreement may only be varied in writing and signed by both Parties.

9.13. Waiver Waiver including partial or conditional waiver, by either Party of any default by the other Party

in the observance and performance of any provision of or obligations under this Agreement:-

(x) shall be in writing

(y) shall not operate or be construed as a waiver of any other or subsequent default

hereof or of other provisions of or obligations under this Agreement;

(z) shall be executed by a duly authorized representative of the Party; and

(aa) shall not affect the validity or enforceability of this Agreement in any manner.



72

9.14. Exclusion Of Implied Warranties This Agreement expressly excludes any warranty, condition or other undertaking implied at

law or by custom or otherwise arising out of any other agreement between the Parties or any

representation by either Party not contained in a binding legal agreement executed by both

Parties.

9.15. Entire Agreement This Agreement and the Annexure together constitute a complete and exclusive statement of

the terms of the agreement between the Parties on the subject hereof, and no amendment or

modification hereto shall be valid and effective unless such modification or amendment is

agreed to in writing by the Parties and duly executed by persons especially empowered in this

behalf by the respective Parties. All prior written or oral understandings, offers or other

communications of every kind pertaining to this Agreement are abrogated and withdrawn.

9.16. Severability If for any reason whatever, any provision of this Agreement is or becomes invalid, illegal or

unenforceable or is declared by any court of competent jurisdiction or any other instrumentality

to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining

provisions shall not be affected in any manner, and the Parties shall negotiate in good faith

with a view to agreeing to one or more provisions which may be substituted for such invalid,

unenforceable or illegal provisions, as nearly as is practicable to such invalid, illegal or

unenforceable provision. Failure to agree upon any such provisions shall not be subject to the

dispute resolution procedure set forth under this Agreement or otherwise.

9.17. No Partnership This Agreement shall not be interpreted or construed to create an association, joint venture or

partnership between the Parties, or to impose any partnership obligation or liability upon either

Party, and neither Party shall have any right, power or authority to enter into any agreement or

undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to

otherwise bind, the other Party except as expressly provided under the terms of this

Agreement.

9.18. Third Parties This Agreement is intended solely for the benefit of the Parties and their respective successors

and permitted assigns, and nothing in this Agreement shall be construed to create any duty to,

standard of care with reference to, or any liability to, any person not a Party to this Agreement.

9.19. Successors And Assigns The Agreement shall be binding on and shall inure to the benefit of the Parties and their

respective successors and permitted assigns.

9.20. Notices Any notice or other communication to be given by any Party to the other Party under or in

connection with the matters contemplated by this Agreement shall be in writing and shall be



73

given by hand delivery, recognized courier, registered post, email or facsimile transmission

and delivered or transmitted to the Parties at their respective addresses set forth below:

If to Purchaser:

Attn: <***>

Tel:

Fax:

Email:

Contact:

With a copy to:

If to the Implementation Agency:

Attn. <***>

Phone: <***>

Fax No. <***>

9.21. Language All notices required to be given by one Party to the other Party and all other communications,

documentation and proceedings which are in any way relevant to this Agreement shall be in

writing and in the English language.

9.22. Counterparts This Agreement may be executed in counterparts, each of which, when executed and

delivered, shall constitute an original of this Agreement.

9.23. Mitigation Without prejudice to any express provisions of this Agreement on any mitigation obligations of

the Parties, each of the Purchaser and the Implementation Agency shall at all times take all

reasonable steps to minimize and mitigate any loss for which the relevant Party is entitled to

bring a claim against the other Party pursuant to this Agreement.

9.24. Removal Of Difficulties The Parties acknowledge that it is conceivable that the Parties may encounter difficulties or

problems in the course of implementation of the Project and the transactions envisaged under

this Agreement. The Parties agree and covenant that they shall mutually discuss such

difficulties and problems in good faith and take all reasonable steps necessary for removal or

resolution of such difficulties or problems.

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS

AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.



74

SIGNED,

SEALED

AND

DELIVERED

For and on behalf of the Implementation Agency by:

SIGNED, SEALED AND

DELIVERED

For and on behalf of the

Purchaser by:

(Signature)

(Name)

(Designation)

(Address)

(Fax No.)

(Signature)

(Name)

(Designation)

(Address)

(Fax No.)

In the presence of:

1.

2.



75

10. Annexure 5 - Consortium Agreement DRAFT MEMORANDUM OF UNDERSTANDING EXECUTED BY MEMBERS OF THE

CONSORTIUM

[On Non-judicial stamp paper of Indian Rupees 100 duly attested by notary public]

This Memorandum of Understanding (MoU) entered into this day of [Date] [Month] 2015 at

[Place] among (hereinafter referred to as " ") and having office at

[Address], India, as Party of the First Part and _ _ (hereinafter referred as " _")

and having office at [Address], as Party of the Second Part and

(hereinafter referred as "_ _”) and having office at [Address], as Party of the Third Part.

The parties are individually referred to as Party and collectively as Parties.

WHEREAS Chennai Smart City Limitedhas issued a Request for Proposal dated [Date] (RfP) from the

Applicants interested in Request for Proposal for Selection of System Integrator for Design,

Supply, Implement, Commission, Operate & Manage the ITMS, Add Panels for Jammu Smart

City:

AND WHEREAS the Parties have had discussions for formation of a Consortium for bidding

for the said Project and have reached an understanding on the following points with respect

to the Parties' rights and obligations towards each other and their working relationship.

AS MUTUAL UNDERSTANDING OF THE PARTIES, IT IS HEREBY AGREED

AND DECLARED AS FOLLOWS:

i. The purpose of this Agreement is to define the principles of collaboration among the

Parties to:

Submit a response jointly to Bid for the “Request for Proposal for Selection of System Integrator

for Design, Supply, Implement, Commission, Operate & Manage the ITMS, Add Panels for

Jammu Smart City” as a Consortium.

a. Sign Contract in case of award.

b. Provide and perform the supplies and services which would be ordered by

the JSCL pursuant to the Contract.

ii. This Agreement shall not be construed as establishing or giving effect to any legal

entity such as, but not limited to, a company, a partnership, etc. It shall relate solely

towards the JSCL for “Request for Proposal for Selection of System Integrator

for Design, Supply, Implement, Commission, Operate & Manage the ITMS, Add

Panels for Jammu Smart City” for and related execution works to be performed

pursuant to the Contract and shall not extend to any other activities.

iii. The Parties shall be jointly and severally responsible and bound towards the JSCL for

the performance of the works in accordance with the terms and conditions of the BID

document, and Contract.



76

iv. ------------------------------------ (Name of Party) shall act as Lead Partner of the

Consortium . As such, it shall act as the coordinator of the Party’s combined activities

and shall carry out the following functions:

a. To ensure the technical, commercial and administrative co-ordination of the work

package

b. To lead the contract negotiations of the work package with the JSCL.

c. The Lead partner is authorized to receive instructions and incur liabilities for and

on behalf of all Parties.

d. In case of an award, act as channel of communication between the JSCL and the

Parties to execute the Contract

v. That the Parties shall carry out all responsibilities as Developer in terms of the Project

Agreement.

vi. That the broad roles and the responsibilities of each Party at each stage of the

Bidding shall be as below:

• Lead Bidder: First

Consortium Member: _

• Second Consortium Member: _

vii. That the Parties affirm that they shall implement the Project in good faith and shall take

all necessary steps to see the Project through expeditiously.

viii. That this MoU shall be governed in accordance with the laws of India and courts in

Jammu shall have exclusive jurisdiction to adjudicate disputes arising from the terms

herein.

In witness whereof the Parties affirm that the information provided is accurate and true and have

caused this MoU duly executed on the date and year above mentioned.

(Lead bidder) ( First Consortium Member)(Second Consortium Member)

Witness:

i.

ii.



77

11. Annexure 6 - Format for Power of Attorney to Authorized Signatory

POWER OF ATTORNEY

[To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant Stamp

Act. The stamp paper to be in the name of the company who is issuing the power of attorney.]

We, M/s. (name of the firm or company with address of the registered office) hereby

constitute, appoint and authorise Mr. or Ms. (Name and residential address) who is

presently employed with us and holding the position of _ , as our Attorney to do in our name

and our behalf all or any of the acts, deeds or things necessary or incidental to our RFP for

the Project _ (name of the Project), including signing and submission of the RFP response,

participating in the meetings, responding to queries, submission of information or documents

and generally to represent us in all the dealings with Client or any other Government Agency

or any person, in connection with the works until culmination of the process of bidding till the

Project Agreement is entered into with _ (Client) and thereafter till the expiry of the

Project Agreement.

We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney

pursuant to this power of attorney and that all acts, deeds and things done by our aforesaid

Attorney shall and shall always be deemed to have been done by us.

(Add in the case of a Consortium)

Our firm is a Member or Lead bidder of the Consortium of , and

.

Dated this the day of 2019

(Signature and Name of authorized signatory)

(Signature and Name in block letters of all the remaining partners of the firm Signatory for the

Company)

Seal of firm Company

Witness 1: Witness 2:

Notes:

a. To be executed by all the members individually.

b. The Mode of execution of the power of attorney should be in accordance with the procedure,

if any laid down by the applicable law and the charter documents of the executant(s) and

when it is so required the same should be under common seal affixed in accordance with

the required procedure.



78

12. Annexure 7 - Format for Power of Attorney for Lead bidder of Consortium

[To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant Stamp

Act. The stamp paper to be in the name of the company who is issuing the power of attorney]

Whereas has invited RFP response for (Name of the Project)

Whereas, the Members of the Consortium comprising of M/s. , M/s.

, M/s. and M/s. _ (the

respective names and addresses of the registered offices to be given) are interested in bidding

for the Project and implementing the same in accordance with the terms and conditions

contained in the RFP Documents.

Whereas, it is necessary for the members of the Consortium to designate one of them as the

lead member with all necessary power and authority to do, for and on behalf of the

Consortium/Joint Venture, all acts, deeds and things as may be necessary in connection with

the Consortium’s/Joint Venture’s RFP response for the Project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT

We, M/s._ and M/s _ and M/s_ hereby designate M/s.

being one of the members of the Consortium/Joint Venture, as the lead member of the

Consortium/Joint Venture, to do on behalf of the Consortium/Joint Venture, all or any of the

acts, deeds or things necessary or incidental to the Consortium’s/Joint Venture’s RFP

response for the Project, including submission of the RFP response, participating in meetings,

responding to queries, submission of information or documents and generally to represent the

Consortium in all its dealings with Client or any other Government Agency or any person, in

connection with the Project until culmination of the process of bidding till the Project

Agreement is entered into with Client and thereafter till the expiry of the Project Agreement.

We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney

pursuant to this power of attorney and that all acts, deeFds and things done by our aforesaid

Attorney shall and shall always be deemed to have been done by us or Consortium/Joint

Venture.

Dated this the day of 2019

(Signature)

(Name in Block Letter of Executant) [Seal of Company]



79

Witness 1 Witness 2

Notes:

To be executed by all the members individually, in case of a Consortium/Joint Venture.

The Mode of execution of the power of attorney should be in accordance with the procedure, if any laid down by

the applicable law and the charter documents of the executant(s) and when it is so required the same should be

under common seal affixed in accordance with the required procedure.



80

•

13. Annexure 8 – Formats for Submission of the Technical Bid 13.1. Technical Bid Check-List

Sl # Checklist Item Compliance

(Yes/No)

Page No. and

Section No. in the

Bid

1 Technical Bid Letter

2 Credential summary

3 Supporting Documents as Technical

Evaluation Criteria prescribed in section

3.10 of this volume of this RFP

4 Detailed proposed solution

5 Project plan and manpower plan

6 Proposed CVs of Project Team

7 Compliance to Requirement (Technical /

Functional Specifications)

8 Proposed unpriced Bill of Material

9 Manufacturers'/Producers’ Authorization

Form Anti-Collusion certificate

10 Anti-Collusion Certificate

11 Non-disclosure agreement

12 EMD

•

•



81

13.2. Technical Bid Covering Letter To,

[ ]

Date: dd/mm/yyyy

Subject: Request for Proposal for Selection of System Integrator for Design, Supply,

Implement, Commission, Operate & Manage the ITMS, Add Panels for Jammu Smart

City Ref: RFP No.<<…..>> dated << …..>>

Dear Sir,

I (in case of single bidder) or We, <<name of the undersigned Bidder and consortium

members>>, having read and examined in detail all the bidding documents in respect of “Request

for Proposal for Selection of System Integrator for Design, Supply, Implement,

Commission, Operate & Manage the ITMS, Add Panels for Jammu Smart City” do hereby

propose to provide our services as specified in the bid submitted by us.

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.

We declare that all the services shall be performed strictly in accordance with the RFP

documents.

We confirm that the information contained in this response or any part thereof, including

its exhibits, and other documents and instruments delivered or to be delivered to JSCL,

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

department in its evaluation process. We also confirm that we shall not attract conflict of

interest in principle.

We hereby declare that in case the contract is awarded to us, we shall submit the

contract Performance bank guarantee in the form prescribed at Section 9 (Annexure 15)

of the RFP Volume I.

We hereby declare that our bid is made in good faith, without collusion or fraud and the

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

belief.

We understand that our bid is binding on us and that you are not bound to accept a Bid

you receive. This bid is valid for 180 days after opening of technical bid. We shall extend

the validity of the bid if required by JSCL.

Thanking you,

Yours sincerely,



82

(Signature of the Lead Bidder)

Printed

Name

Designation

Seal

Date:

Place:

Business Address:



83

13.3. Credential Summary

#

Project

Name

Client

Name

Client

Type

Project

Value

(in

Indian

Rupees)

Project

Components

Documentary

evidence

provided

(Yes or No)

Project

Status

(Completed

or

Ongoing or

Withheld) 1

2

3

4

5

6

7

· Client type – Indicate whether the client is Government or PSU or Private

· Project Components – Indicate the major project components like application

development for security surveillance, command and control center,

Maintenance, Hardware procurement and deployment, DC setup and

maintenance, Facility management services, provisioning manpower, IT

support and maintenance

· Documentary evidence provided – Indicate the documentary evidence provided

with the detailed project credential like work order or purchase order or

completion certificate or letter of appointment

· Project Status – Completed (date of project completion) or Ongoing (project start date)



84

13.4. Overview of Proposed Solution

Structure of Proposed Solution

Bidders are required to provide a detailed approach & methodology to execute the entire

project. Bidders shall articulate the response proposal addressing all pointers being

evaluated in the Technical Evaluation Criteria. So that the same can translated in the form of

presentation for showcasing to the Technical Evaluation Committee. The typical content

under the technical proposal shall contain the following

## Item

1. Understanding of requirement and Implementation approach

· Understanding of requirements

· Work Plan & its adequacy

2. Robustness and quality

· End to end integrated solution proposed

· Hardware deployment and integration approach encompassing all solutions

· Timelines and modalities for implementation in a time bound manner

· Project implementation approach or strategy and operations and

maintenance plan including comprehensiveness of fallback strategy and

planning during rollout

· Any other area relevant to the scope of work and other requirements of the

project

3. Assessment of Manpower deployment, Training and Handholding plan

· Deployment strategy of Manpower

· Contingency management

· Mobilization of existing resources and additional resources as required

· Training and handholding strategy



85

Project Plan

A Detailed Project Plan covering break-up of each phase into the key activities, along with

the start and end dates must be provided as per format given below.

Activity-wise Timelines

Sl. No. Detailed

Work Break down structur

Month wise Program

e

1 2 3 4 5 …

Project Plan

1 Activity 1

1.1 Sub-Activity 1

1.2 Sub-Activity 2

2

2.1

2.2

3

3.1

4

•



86

Activity-wise Timelines

Sl. No. Item of Activity Month wise

Program

Note: The above activity chart is just for the purpose of illustration. Bidders are requested to

provide detailed activity & phase wise timelines for executing the project with details of

deliverables & milestones as per their bid.



87

Manpower Plan

I. Till Go-Live (Implementation)

Manpower distribution

S. No. Role Month wise time to be spent by each personnel (in days)

Total

Month 1 Month 2 Month 3

… ...

Go-Live

1

Project Director

Onsite

Offsite

2 Project Manager Onsite

3 Solution Architect (DC) Onsite

4 Command Center Expert Onsite

5 IOT Expert Onsite

6 QA Manager Onsite

7 Master Trainer Onsite

9 <Add more rows as required>

Onsite

Total



88

• •

II. After Go-Live (Operation & Maintenance)

Manpower distribution

S. No.

Manpower

Detailed

Breakup

Total

Years

Year 1 Year 2 Year 3 Year 4 Year 5

1 Onsite/Offsite

2 Onsite/Offsite

3 Onsite/Offsite

4 Onsite/Offsite

5 Onsite/Offsite

6 Onsite/Offsite

7 Onsite/Offsite

8 Onsite/Offsite

9 <Add more rows as required>

Onsite/Offsite

Total



89

13.5. Details of Resources proposed

Summary of Resources proposed

Sr.No.

Name of the

resource

Proposed

Role

Highest

Degree

Basic

Qualification

(e.g., B.Sc. or

BE or MCA or

Post

Graduation)

Certifications

(e.g., PMP or

ITIL or

TOGAF or

CCNP etc.)

Total

Experience

(In Years)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.



90

13.6. Curriculum Vitae (CV) of Team Members

•

1 Name:

1.

Proposed

position or role

(only one candidate shall be nominated for

each position)

2. Date of Birth Nationality

3.

Education

4.

5.

Years of

experience

Areas of

Expertise and

no. of years of

experience in

this area

(as required for the Profile)

6.

Certification s

and Trainings

attended

7.

Employment

Record

JSCL Position From To

[Starting with position and last 2 firms, list in reverse

order, resent giving

for each employment: dates of employment, name of

employing organization, positions held.]

Qualification Name of School

or College or

University

Degree

Obtained

Year of

Passing

•



91

14. Annexure 9 - Detailed Tasks Assigned (List all tasks to be performed under this project) •

15. Annexure 10 - Relevant Work Undertaken that Best Illustrates the experience as required for the Role)

•

Project 1

Name of assignment

Year

Location

JSCL

Main project features

Position held Activities performed

Project 2

Name of assignment

Year

Location

JSCL

Main project features

Position held

Activities performed



92

16. Annexure 11 - Proposed Bill of Material (Technical Bid)

The Bidder should provide the proposed Bill of Material (BoM) here. Bidders are required to mention the details of the make/brand and model against each line item, wherever applicable. The bid can be considered non-responsive in the absence of such details. Once the bidder provides this information in the submitted bid, the bidder cannot change it with any other component / equipment etc. of lower specifications / performance; it can only be upgraded at the time of actual deployment/installation.

Bill of Materials – CAPEX

Sr. No.

Item Description UOM Qty Make Model

Full Compliance (Yes/No)

Data Center

1 Unified Command & Control Center for TMMC

Nos. 1

2 Core Firewall with IPS Nos. 1

3 Anti-APT Nos. 1

4 Core Router Nos. 2

5 Core Switch including all modules Nos. 2

6 TOR Switch including all modules Nos. 2

7 Layer3 48 Port POE Switch all modules Nos. 2

8 Layer3 24 Port Non-POE Switch all modules

Nos. 2

9 Server Load Balancer Set 1

10 EMS Set 1

11 Endpoint Security Set 1

12 Rack GPU Server Nos. 2

13 Rack Server Nos. 5

14 SAN/IP SAN Storage Set 1

15 Backup Software Set 1

16 Unified management and Virtualization Solution

Set 1

17 Video Wall, Controller and Management Software

Set 1

18 VMS and Video analytics As per requirement

1

19 Integrated Data Center Infrastructure Set 1

20 30 KVA UPS Nos. 2

21 42U Rack with Biometric Lock Nos 4



93

22 Biometric Access Control and Fire alarm system

Set 1

23 DC CCTV Surveillance with Camera, storage and Switch

Set 1

24 DC Wireless access Point with

controller Set 1

25 Construction/Facelift of existing ATCS

Command center for 1000 Sq. area Set 1

26 Site Preparation Cost Lumpsum

1

27 Non-IT Requirements, Specifications & Office Interior

Nos 1

28 Passive Requirement including Fiber cable and DC components

Lumpsum

1

29 Professional Workstation Nos. 10

30 Desktop along with Help Desk software Nos. 5

31 Laser Multifunctional Device Nos. 2

32 DG Set Nos 1

33 Man Power for 03 years project management

As per requirement

1

ITMS - Field Equipment:

34 Field Junction Box for all locations Nos. 260

35 Camera Poles for Add Panel and Cameras Nos. 196

36 Heavy Poles for Ad Panel and PTZ Cameras Nos. 64

37 Industrial Grade Outdoor PoE switches (10% Spare to be maintained at Site all the time )

Nos 220

38 Field UPS for Outdoor locations (10% Spare to be maintained at Site all the time )

Nos 220

39 Networking Cost (Passive Components including Patch Panel, LIU, Cat6 Cable, Patch Cords)

Lump Sum

260

40 ANPR/RLVD Software Nos 365

41 ANPR Cameras (10% Spare to be maintained at Site all the time )

Nos 365

42 RLVD Cameras (10% Spare to be maintained at Site all the time )

Nos 195

43 Local Processing unit (10% Spare to be maintained at Site all the time )

Nos 220

44 AD Panels (10% Spare to be maintained at Site all the time )

Nos 220



94

45 Field Site Preparation cost Nos 260

46 IP Based Public Announcement system with touch screen intercom microphone and accessories

Nos 1

47 Outdoor IP Based smart speakers (10% Spare to be maintained at Site all the time )

Nos 260

48 Emergency call box with complete hardware and accessories

Nos 260

49 IP Fixed Box Cameras (10% Spare to be maintained at Site all the time )

Nos 225

50 IP PTZ Cameras (10% Spare to be maintained at Site all the time )

Nos 80

51 128 GB SD Card for all cameras Nos 865

52 Road Marking (Zebra / Stop line) at all Junctions

Nos 260

53 Electrical Work and Power supply with Mains switch at all Junctions

Nos 260

54 Pollution / Environmental Sensors/Air Quality Sensors

Nos 2

55 Rain Gauges Sensors/Particulate Sensors Nos 2

56 Hand Held Terminals for E-Challans Nos 50

57 Commissioning and integration cost Lumpsum

1



95

Sr. No.

Item Description

Unit

Q

ua

nti

ty

Unit

Rate Price

Tax Amount (GST/Duties/

Etc.) on 4

Amount (Including Tax)

1 2 3 4 = (2 x 3) 5 6 = (4 + 5) Data Center

1 Unified Command &

Control Center for TMMC Nos.

1

2 Core Firewall with IPS Nos. 1

3 Anti-APT Nos. 1

4 Core Router Nos. 2

5 Core Switch including all

modules Nos.

2

6 TOR Switch including all

modules Nos.

2

7 Layer3 48 Port POE Switch

all modules Nos.

2

8 Layer3 24 Port Non-POE

Switch all modules Nos.

2

9 Server Load Balancer Set 1

10 EMS Set 1

11 Endpoint Security Nos. 1

12 Rack GPU Server Nos. 2

13 Rack Server Set 5

14 SAN/IP SAN Storage Set 1

15 Backup Software Set 1

16 Unified management and

Virtualization Solution

As per requirement

1

17 Video Wall, Controller and

Management Software Set

1

18 VMS and Video analytics Nos. 1

19 Integrated Data Center

Infrastructure Nos

1

20 30 KVA UPS Set 2

21 42U Rack with Biometric

Lock Set

4

22 Biometric Access Control

and Fire alarm system Lumsum

1

23 DC CCTV Surveillance

with Camera, storage and

Switch

Nos 1

24 DC Wireless access Point

with controller Lumsum

1



96

25 Construction/Facelift of

existing ATCS Command

center for 1000 Sq. area

Nos. 1

26 Site Preparation Cost Nos. 1

27 Non-IT Requirements,

Specifications & Office

Interior

Nos. 1

28 Passive Requirement

including Fiber cable and

DC components

Nos 1

29 Professional Workstation As per

requirement 10

30 Desktop along with Help

Desk software Nos

5

31 Laser Multifunctional

Device Nos

2

32 DG Set Nos 1

33 Man Power for 03 years

project management

As per requirement

1

ITMS - Field Equipment:

34 Field Junction Box for all

locations

Nos. 26

0

35 Camera Poles for Add

Panel and Cameras

Nos. 19

6

36 Heavy Poles for Ad Panel

and PTZ Cameras Nos. 64

37

Industrial Grade Outdoor

PoE switches (10% Spare to

be maintained at Site all the

time )

Nos 22

0

38

Field UPS for Outdoor

locations (10% Spare to be

maintained at Site all the

time )

Nos 22

0

39

Networking Cost (Passive

Components including

Patch Panel, LIU, Cat6

Cable, Patch Cords)

Lump Sum 26

0

40 ANPR/RLVD Software Nos 36

5



97

41 ANPR Cameras (10%

Spare to be maintained at

Site all the time )

Nos 36

5

42 RLVD Cameras (10%


Site all the time )

Nos 19

5

43 Local Processing unit (10%


Site all the time )

Nos 22

0

44 AD Panels (10% Spare to

be maintained at Site all

the time )

Nos 22

0

45 Field Site Preparation cost Nos 26

0

46

IP Based Public

Announcement system

with touch screen intercom

microphone and

accessories

Nos 1

47

Outdoor IP Based smart

speakers (10% Spare to be


time )

Nos 26

0

48 Emergency call box with

complete hardware and

accessories

Nos 26

0

49

IP Fixed Box Cameras

(10% Spare to be


time )

Nos 22

5

50 IP PTZ Cameras (10%


Site all the time )

Nos 80

51 128 GB SD Card for all

cameras Nos 86

5

52 Road Marking (Zebra / Stop

line) at all Junctions

N

os

53 Electrical Work and Power

supply with Mains switch at

all Junctions

Nos 26

0



98

17. Annexure 12 – Formats for Submission of the Commercial Bid (will be given in online portal)

General Instructions

a. Bidder should provide all prices as per the prescribed format as per the RFP.

Bidder should not leave any field blank. In case the field is not applicable, Bidder

must indicate “0” (Zero) in all such fields.

b. All the prices are to be entered in Indian Rupees ONLY

c. All unit rates indicated in the schedules shall be inclusive of all taxes, GST levies,

duties etc. The prices should also be inclusive of all costs till end of the contract

period.

d. JSCL, reserves the right to ask the Bidder to submit proof of payment against any of the

GST/taxes, duties, levies indicated.

e. The Bidder needs to account for all Out of Pocket expenses due to Boarding, Lodging

54 Pollution / Environmental

Sensors/Air Quality

Sensors

Nos 2

55 Rain Gauges

Sensors/Particulate Sensors Nos 2

56 Hand Held Terminals for

E-Challans Nos 50

57 Commissioning and

integration cost

Lumpsum 1

Training and Overall Project Management

58 Functional Training (batch of 10 trainees per batch)

Lumsum 30

59 Administrative Training batches

Lumsum 10

60 Sr. Management Training Batches

Lumsum 10

61 ProjectManagement/Coordination during implementation

Lumsum 10

62 Security Audit Charges As per requirement

1

63 Operational Expenses during implementation

As per requirement

1



99

and other related items.

f. The Unit Rate as mentioned in the following formats shall be used for the

purpose of ‘Change Order’ for respective items, if any. However, based on the

market trends, JSCL,, retains the right to negotiate this rate for future

requirement

g. Bidder shall be bound to give same or more % discount on the list price on the

future purchases by JSCL,. SI shall ensure that the future products supplied are

of latest specifications as per the OEM roadmap.

h. For the purpose of evaluation of Commercial Bids, the JSCL,, shall make

appropriate assumptions to arrive at a common bid price for all the Bidders. This

however may not direct co-relation with the Contract value or actual payment

to be made to the Bidder.

i. The detailed commercial bid as per given templates below shall be submitted in

separate sealed covers. The summary of the commercial bid should be indicated

in as per prescribed template in the online portal.

Sr. No.

Particulars

Year_1 Year_2 Year

_3 Year

_4 Year_5

Amount for 5 years

Applicable

Tax

Amount

on "6"

Amount for 5 years

with Tax

1 2 3 4 5 6 = sum(

1,2,3,4,5) 7 8 = (6 +

7)

Data Center

1 Cloud based Smart DR connectivity

2

Connectivity to TMMC

for all cameras

live/recording, PA system,

Ad panels, etc

3 Connectivity to 260 field

Junctions from TMMC

4 O&M for Networking and fiber connectivity

5 Re-Training and Overall

Project Management

during O&M Period

6 CCTV Surveillance data

Management

7

Facility Management,

Technical & Operational

support by Technical/

Operational /Support

personnel of SI



100

Detailed Price bid template are given in 8.1 is only for illustrative purpose.

Capital Expenditure (Capex (A))

Operational Expenditure (Opex (B))

Sub-Total S.No

Particulars

Total Amount with Taxes

1

Sub Total Section I –CAPEX (A)

2

Sub Total Section I –OPEX (B)

3 Total Section-1 (Total Project Cost) T

Note:

The above table total cost summaries the actual project cost & contract value for the

bidder. The payments to the successful bidder would be made at the rate of 82% of the

total Cost(T) during construction period of 09 months and the balance 18% of the total

Cost(T) during operation and maintenance period of 36 months in 12 equal quarterly

payments. .

8 Additional Infrastructure /

Services (if any)

9 Smart Environmental

Sensors

Sub Total Section 1: OPEX (B)



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18. Annexure 13 - Payment Terms & Payment Schedule

a) The request for payment shall be made to the JSCL in writing, accompanied by invoices,

the services performed, and by the required documents submitted pursuant to general

conditions of the contract and upon fulfillment of all the obligations stipulated in the

Contract.

b) Due payments shall be made by the Authority, after submission of an invoice on monthly

basis

c) Payment shall be made to the System Integrator within 30 days of the submission of the

invoices to the JSCL.

d) In case of any delay of Payment beyond 30 days after submission of monthly invoice,

interest charges at the rate of RBI prime lending rate will be payable from the

Authority.

e) The currency or currencies in which payments shall be made to the system Integrator

under this Contract shall be Indian Rupees (INR) only.

f) All remittance charges shall be borne by the system Integrator g) In case of disputed items, only the disputed amount shall be withheld and shall be paid

only after settlement of the dispute.

h) Any penalties/-liquidated damages, as applicable, for delay and non-performance, as

mentioned in this Request for Proposal document, shall be deducted from the due payments of the respective subsequent payments.

i) Taxes, as applicable, shall be deducted, as per the prevalent rules and regulations

Payment Schedule

S.no Payment Schedule Timelines % Payment

1 Mobilization Advance at the time of project agreement signed

T + 10 days 10% of Awarded Contract Cost

2 Monthly Payments to be released to the

system Integrator during the construction period after submission of monthly invoices

Monthly As per work certified

3 Quarterly Payments - Operations & Maintenance Phase for a period of 03 years

G+12 Quarters

1.5% of Awarded Contract cost

Note:

T is the date of signing of contract G is the date of Go Live of the Entire solution & also marks the commencement of O&M Phase (the exact date of commencement of O&M shall be decided by Authority)



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19. Annexure 14 - Bank Guarantee for Earnest Money Deposit and Change Control Note

19.1. Form 1: Earnest Money Bank Guarantee

To,

<Name> <Designation> <Address> <Phone Nos.> <Fax Nos.> <email id>

Whereas <<Name of the Bidder>> (hereinafter called 'the Bidder') has submitted the bid for Submission of RFP # <<RFP Number>> dated <<Date>> for <<Name of the assignment>> (hereinafter called "the Bid") to <Purchaser>

Know all Men by these presents that we << >> having our office at <<Address>> (hereinafter called "the Bank") are bound unto the <Purchaser> (hereinafter called "the Purchaser") in the sum of Rs. <<Amount in figures>> (Rupees <<Amount in words>> only) 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 <<Date>>

The conditions of this obligation are:

1. If the Bidder having its bid withdrawn during the period of bid validity specified by the Bidder

on the Bid Form; or

2. If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the

period of validity of bid

(a) Withdraws his participation from the bid during the period of validity of bid document; or

(b) Fails or refuses to participate in the subsequent Tender process after having been short

listed;

We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand



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the Purchaser will note that the amount claimed by it is due to 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 <<insert date>> and including <<extra time over and above mandated in the RFP>> from the last date of submission and any demand in respect thereof should reach the Bank not later than the above date.

NOTHWITHSTANDING ANYTHING CONTAINED HEREIN:

I. Our liability under this Bank Guarantee shall not exceed Rs. <<Amount in figures>> (Rupees

<<Amount in words>> only)

II. This Bank Guarantee shall be valid upto <<insert date>>)

III. It is condition of our liability for payment of the guaranteed amount or any part thereof

arising under this Bank Guarantee that we receive a valid written claim or demand for

payment under this Bank Guarantee on or before <<insert date>>) failing which our liability

under the guarantee will automatically cease.

(Authorized Signatory of the Bank)

Seal:

Date:



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Change Control Note CCN Number:

Part A: Initiation

Title:

Originator:

Sponsor:

Date of Initiation:

Details of Proposed Change

(To include reason for change and appropriate details/specifications. Identify any attachments as

A1, A2, and A3 etc.)

Authorized by : Date:

Name:

Signature:

Received by the IP

Date:

Name:

Signature:

Change Control Note

CCN Number:

Part B : Evaluation

(Identify any attachments as B1, B2, and B3 etc.)

Changes to Services, charging structure, payment profile, documentation, training, service levels

and component working arrangements and any other contractual issue.

Brief Description of Solution:



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19.2. Form 2: Change Control Notice (CCN) Format

Impact:

Deliverables:

Timetable:

Charges for Implementation:

(including a schedule of payments)

Other Relevant Information:

(including value-added and acceptance criteria)

Authorized by the Implementation

Partner

Date:

Name:

Signature:



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20. Annexure 15 - Illustrative Manufacturers'/Producers’ Authorization Form No.

Date:

To:

OEM Authorization Letter

Dear Sir:

Ref: Your RFP Ref: [*] dated [*]

We who are established and reputable manufacturers / producers of

________________________ having factories / development facilities at (address of factory /

facility) do hereby authorize M/s ___________________ (Name and address of Agent) to

submit a Bid, and sign the contract with you against the above Bid Invitation.

We hereby extend our full guarantee and warranty for the Solution, Products and services offered by the above firm against this Bid Invitation. We also undertake to provide any or all of the following materials, notifications, and information pertaining to the Products manufactured or distributed by the Supplier:

a. Such Products as the Purchaser may opt to purchase from the Supplier, provided, that

this option shall not relieve the Supplier of any warranty obligations under the

Contract; and

b. in the event of termination of production of such Products:

i. advance notification to the Purchaser of the pending termination, in sufficient

time to permit the Bank to procure needed requirements; and

ii. Following such termination, furnishing at no cost to the Purchaser, the

blueprints, design documents, operations manuals, standards, source codes

and specifications of the Products, if requested.

We duly authorize the said firm to act on our behalf in fulfilling all installations, Technical support and maintenance obligations required by the contract.

Yours faithfully,



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(Name) (Name of Producers) Note: This letter of authority should be on the letterhead of the manufacturer and should be

signed by a person competent and having the power of attorney to bind the manufacturer. The

Bidder in its Bid should include it.



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21. Annexure 16 - Performance Bank Guarantee

<Name>

<Designation>

<Address>

<Phone Nos.>

<Fax Nos.>

<email id>

Whereas, <<name of the supplier and address>> (hereinafter called “the Bidder”) has undertaken, in pursuance of contract no. <<insert contract no.>> dated. <<insert date>> to provide Implementation services for <<name of the assignment>> to <Purchaser> (hereinafter called “the beneficiary”)

And whereas it has been stipulated by in the said contract that the Bidder shall furnish you with a bank guarantee by a recognized bank for the sum specified therein as security for compliance with its obligations in accordance with the contract;

And whereas we, <<name of the bank>> a banking company incorporated and having its head /registered office at <<address of the registered office>> and having one of its office at <<address of the local office>> have agreed to give the supplier such a bank guarantee.

Now, therefore, we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier, upto a total of Rs.<<insert value>> (Rupees <<insert value in words>> only) and we undertake to pay you, upon your first written demand declaring the supplier to be in default under the contract and without cavil or argument, any sum or sums within the limits of Rs .<<insert value>> (Rupees <<insert value in words>> only) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Bidder before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the Bidder shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification.

This Guarantee shall be valid until <<Insert Date>>)

Noth withstanding anything contained herein:



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I. Our liability under this bank guarantee shall not exceed Rs <<insert value>> (rupees

<<insert value in words>> only).

II. This bank guarantee shall be valid upto <<insert expiry date>>)

III. It is condition of our liability for payment of the guaranteed amount or any part thereof

arising under this bank guarantee that we receive a valid written claim or demand for

payment under this bank guarantee on or before <<insert expiry date>>) failing which our

liability under the guarantee will automatically cease.



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22. Appendix 17: - Format for Evidence of Access to or Availability of Credit Facilities

BANK CERTIFICATE This is to certify that M/s. …………………………… is a reputed company with a good financial

standing.

If the contract for the work, namely “[insert name of the work]” is awarded to

the above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs.

…………………… to meet their working capital requirements for executing the above

contract.

Name of Bank

Senior Bank Manager

Address of the Bank



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23. Appendix 18: - Affidavit Regarding Abandoned Works and Undertaking

1. I, the undersigned, do hereby certify that all the statements made in the required

attachments are true and correct.

2. The undersigned also hereby certifies that neither our firm M/s ........................................……. have abandoned any work nor any contract awarded to us for such works have been rescinded, during last five years prior to the date of this bid.

3. The undersigned hereby authorise(s) and request(s) any bank, person, firm or

corporation to furnish pertinent information deemed necessary and requested

by the Department to verify this statement or regarding my (our) competence and

general reputation.

4. The undersigned understands and agrees that further qualifying information may

be requested and agrees to furnish any such information at the request of the

Department/Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

Name of Firm

DATE:-



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24. Appendix 19:- Statement of Ethical Conduct, Fraud and Corruption

We, the undersigned confirm in the preparation of our bid that:

1. Neither we, nor any of our employees, associates, agents, shareholders, consultants,

partners or their relatives or associates have any relationship that could be regarded as

a conflict of interest as set out in the bidding document.

2. Should we become aware of the potential for such a conflict will report it immediately

to the procuring organization.

3. That neither we, nor any of our employees, associates, agents, shareholders, partners

consultants or their relatives or associates have entered into corrupt, fraudulent, coercive

or collusive practices in respect of our bid or proposal.

4. We understand our obligation to allow the Government of Jammu & Kashmir to

inspect all records relating to the preparation of our bid and any contract that may

result from such, irrespective of if we are awarded a contract or not.

5. In connection with this procurement exercise and any contract that is awarded to us as

a result thereof, no payments have been made or will be made by us, our associates,

agents, shareholders, partners or their relatives or associates to any of the staffs,

associates, consultants, employees or relatives of such who are involved with the

procurement process, contract implementation, and the issuance of progress payment

on behalf of the purchaser, client or JSCL.

Signed: [signature of person authorized by the Bidder to sign the bid submission form and

whose name and title are shown below]

Name: [insert full name]

Title: [insert official title]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on day of , [insert date of signing



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25. Appendix 20: - Bank Guarantee For Advance Payment / Mobilisation Advance PROFORMA OF BANK GUARANTEE (FOR MOBILISATION ADVANCE) (Judicial Stamp paper of appropriate value as per stamp Act-of J&K state) In consideration of the Jammu Smart City Limited, having its Registered Office at------------------------------------ Jammu (hereinafter called “JSCL" which expression shall unless repugnant to the subject or context include his successor and assigns) having agreed under the terms and conditions of Letter of Award No...... dated...... made between................... and JSCL in connection with...... (hereinafter called "the said contract") to make at the request of the Contractor a Mobilization Advance of Rs........for utilizing it for the purpose of the Contract on his furnishing a guarantee acceptable to JSCL, we the ........ Bank Ltd., (hereinafter referred to the "the said Bank") and having our registered office at......... do hereby guarantee the due recovery by JSCL of the said advance as provided according to the terms and conditions of the Contract. We......... do hereby undertake to pay the amount due and payable under this Guarantee without any demur, merely on a demand from JSCL stating that the amount claimed is due to JSCL under the said Agreement. Any such demand made on the........shall be conclusive as regards the amount due and payable by the........ under this guarantee and......... agree that the liability of the .............. to pay JSCL the amount so demanded shall be absolute and unconditional notwithstanding any dispute or disputes raised by the Contractor and notwithstanding any legal proceeding pending in any court or Tribunal relating thereto. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs...... We ……. Bank further agree that JSCL shall be the sole judge of and as to whether the amount claimed has fallen due to JSCL under the said agreement or whether the said Contractor has not utilized the said advance or any part thereof for the purpose of the Contract and the extent of loss or damage caused to or suffered by JSCL on account of the said advance together with interest not being recovered in full and the decision of JSCL that the amount has fallen due from contractor or the said Contractor has not utilized the said advance or any part thereto for the purpose of the contract and as to the amount or amounts of loss or damage caused to or suffered by JSCL shall be final and binding on us.We, the said Bank, further agree that the Guarantee herein contained shall remain in full force and effect till the said advance has been fully recovered and its claims satisfied or discharged and till JSCL certify that the said advance has been fully recovered from the said Contractor, and accordingly discharges this Guarantee subject, however, that JSCL shall have no claims under this Guarantee after the said advance has been fully recovered, unless a notice of the claims under this Guarantee has been served on the Bank before the expiry of the said Bank Guarantee in which case the same shall be enforceable against the Bank.JSCL shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee or indemnity from time to time to vary any of the terms and conditions of the said Contract or the advance or to extend time of performance by the said Contractor or to postpone for any time and from time to time of the Jammu Smart City Limited for Construction of --------------powers exercisable by it against the said Contractor and either to enforce or for bear from enforcing any of terms and conditions governing the said Contract or the advance or securities available to JSCL and the said Bank shall not be released from its liability under these presents by any exercise by JSCL of the liberty with reference to the matters aforesaid or by reasons of time being given to the said Contractor



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or any other forbearance, act or omission on the part of JSCL or any indulgence by JSCL to

the said Contractor or of any other matter or thing whatsoever which under the law relating to

sureties would but for this

have the effect of so releasing the bank from its such liability. 5.0 It shall not be necessary for

JSCL to proceed against the Contractor before proceeding against the Bank and the Guarantee

herein contained shall be enforceable against the Bank notwithstanding any security which JSCL

may have obtained or obtain from the Contractor or shall at the time when proceedings are taken

against the

Bank hereunder be outstanding or unrealized.We, the said Bank, lastly undertake not to revoke

this Guarantee during its currency except with the previous consent of JSCL in writing and agree

that any change in the constitution of the said Contractor or the said Bank shall not discharge our

liability hereunder.Dated this-------day of-------

For and on behalf of Bank

(NAME AND DESIGNATION)

SEAL



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26. Appendix 21: Letter of Acceptance

. Date;

To…………………………………(Name & Address of the Contractor

Dear Sir (S)

This is to notify you that your Bid dated…………..for execution of the

[Name of the contract and identification number, as given in the

Instructions to Bidders] for the Contract Price of Rupees

( _) [amount in words and figures], as corrected and modified in accordance with

the Instructions to Bidders1 is hereby accepted by our Agency.

We note that as per bid, you do not intend to subcontract any component of work

(Or)

We note that as per bid, you propose to employ as subcontractor for

executing

(Delete whichever is not applicable)

You are hereby requested to furnish Performance Security and Additional

Performance Security (if any) in the form detailed in Para 34.1 of ITB for an amount of

Rs…………... within 21 days of the receipt of this letter of acceptance and sign the contract

failing which action as stated in Para 34.3 of ITB will be taken.

Yours faithfully,

Authorized

Signature

Name and Title of Signatory

Ahency……………….



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27. Annexure 22: Agreement Form

This Agreement ,made the………………………day of ……….20, between _

[name and address of JSCL] (hereinafter called “the JSCL)” of the one part and

[name and address of contractor] (hereinafter called “the Contractor”) of the other part. Whereas

the JSCL is desirous that the Contractor for “[insert name of the work], [name and identification

number of Contract] (hereinafter called “the Works”) and the JSCL has accepted the Bid by

the Contractor for the execution and completion of such Works and the remedying of any defects

therein, at a contract price of Rs.......................................

NOW THIS AGREEMENT WITNESSETH as

follows:

1. In this Agreement, words and expression shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred to, and

they shall be deemed to form and be read and construed as part of this Agreement.

2. In consideration of the payments to be made by the JSCL to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the JSCL to execute and complete the

Works and remedy any defects therein in conformity in all aspects with the provisions of

the Contract.

3. The JSCL hereby covenants to pay the Contractor in consideration of the execution

and completion of the Works and the remedying the defects wherein the Contract

Price or such other sum as may become payable under the provisions of the Contract at

the times and in the manner prescribed by the Contract.

4. The following documents shall be deemed to form and be read and construed as part of

this Agreement, viz.:

i. Letter of Acceptance

ii. Notice to proceed with the

works

iii. Contractor’s Bid

iv. Contract Data

v. Conditions of Contract (including Special Conditions of Contract)

vi.Specificatios

vii. Drawings

viii. Bill of Quantities (Optional)

ix . Any other document listed in the CONTRACT DATA as forming part of the contract

.In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

The Common Seal of

was hereunto affixed in the presence of: Signed, Sealed and Delivered by the said



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28. Annexure 23:- Completion Certificate 1 I, ……………………. (Name of the JSCL Engineer In charge), acting as the Engineer in

Charge, under and in accordance with the Agreement dated ………… (the “Agreement”),

for Name of work………………………………………………………………. on

Item Rate basis through …………………. (Name of Contractor), hereby certify that the

Tests and Trial runs in accordance with the Agreement have been successfully undertaken

to determine compliance of the Project--------------------------------------- with the

provisions of the Agreement, and I am satisfied that the Project can be safely and reliably

placed in service of the Users thereof. 2 It is certified that, in terms of the aforesaid Agreement, all works forming part of Project

have been completed, and the Project is hereby declared fit for into operation on this the

…….........… day of ……........… 20…..

SIGNED, SEALED AND DELIVERED