Implementation of
Case Management & Tracking System
in the Office of Advocate General, Madhya Pradesh
Volume I
Instructions to Bidders and
General Terms & Conditions
MAP_IT
Madhya Pradesh Agency for Promotion of Information Technology
State IT Centre, 47-A Arera Hills, Bhopal
Office of the Advocate General, Madhya Pradesh
“RFP for Case Management and Tracking System for the Office of Advocate General MP (Second Call)”
MAP_IT (Agency under Department of Information Technology, Govt. of MP) invites Proposals (Tender) from qualified and experienced companies for implementation of "Case Management and Tracking System" in the Offices of Advocate General, Govt. of MP. Interested Bidders who are qualified as per the criteria defined in the RFP document (available on MAP_IT Website and eTender Website www.mpeproc.gov.in), may submit their Bid proposal latest by 22nd March 2014 till 03:00 PM on our eProcurement Website (www.mpeproc.gov.in). Bidders are required to pay Rs. 5,000 online on the eProcurement Portal to purchase Tender Document. The RFP document can be downloaded from our website www.mapit.gov.in and www.mpeproc.gov.in.
(Chief Executive Officer) MAP_IT
All information contained in this Request for Proposal (RFP) provided/ clarified are in the good interest and faith. This is not an agreement and this is not an offer or invitation to enter into an agreement of any kind with any party.
Though adequate care has been taken in the presentation of this RFP document, the interested bidders shall satisfy themselves that the document is complete in all respects. The information published in this document is not intended to be exhaustive. Interested Bidders are required to make their own enquiries and assumptions wherever required.
Intimation of discrepancy, if any, should be given to the specified office immediately. If no intimation is received by this office by the date mentioned in the document, it shall be deemed that the RFP document is complete in all respects and firms submitting their bids are satisfied that the RFP document is complete in all respects.
Madhya Pradesh Agency for Promotion of Information Technology (A society under Department of Information Technology, Government of Madhya Pradesh) reserves the right to reject any or all of the applications submitted in response to this RFP document at any stage without assigning any reasons whatsoever. MAP_IT also reserves right to withhold or withdraw the process at any stage with intimation to all who have submitted their bids in response to this RFP. MAP_IT reserves the right to change/ modify/ amend any or all of the provisions of this RFP document without assigning any reason. Any such change would be communicated to the bidders by posting it on the website of MAP_IT (www.mapit.gov.in) and eProcurement Website (www.mperpoc.gov.in).
Neither MAP_IT nor their employees and associates will have any liability to any prospective Respondent interested to apply or any other person under the law of contract to the principles or resolution or unjust enrichment or otherwise for any loss, expense or damage which may raise from or be incurred or suffered in connection with anything contained in this RFP document, any matter deemed to form part of this RFP document, the award of the Assignment, the information and any other information supplied by or on behalf of MAP_IT or their employees and Prime Applicant (PA)/ Consortiums or otherwise arising in any way from the selection process for the Assignment.
Information provided in this document or imparted to any respondent as part of RFP process is confidential to MAP_IT and shall not be used by the respondent for any other purpose, distributed to, or shared with any other person or organization.
RFP Request for Proposal AG Advocate General BG Bank Guarantee EMD Earnest Money Deposit
IA Implementing Agency SLA Service Level Agreement BOM Bill of Material
OIC Officer Incharge
COTS Commercial of the Shelf
DMS Document Management System MIS Management Information System PeMT Project eMission Team
VAT Value Added Tax SDC State Data Centre
SWAN State Wide Area Network MP Madhya Pradesh
MAP_IT Madhya Pradesh Agency for Promotion of Information Technology PSU Public Sector Unit
IT Information Technology CEO Chief Executive Officer
1 Definitions ... 1
2 About Office of Advocate General ... 2
3 Project Background... 3
3.1 Project Objectives ... 5
3.2 Reform areas ... 5
3.3 Targets envisaged to be achieved ... 6
3.4 Scope of Work ... 6
4 About MAP_IT ... 7
5 RFP Structure ... 7
6 Key Activities and Dates ... 8
7 Instruction to Bidders ... 9
7.1 Bidding Process Detail... 9
7.2 AVAILABILITY OF BID DOCUMENTS... 10
7.3 Bid DOCUMENT FEES ... 10
7.4 Eligibility criteria for bidders ... 10
7.5 Bid Security ... 12
7.6 Period of validity of bids ... 13
7.7 Application and interpretation of clauses ... 13
7.8 Completeness of bid document: ... 13
7.9 Language of Bid ... 14
7.10 Clarification of the bid document and pre-bid conference ... 14
7.11 Amendment of bid document by the MAP_IT ... 15
7.12 Bid Price ... 15
8 Bid Submission... 16
8.1 FORMAT OF SUBMISSION ... 16
8.2 AUTHORISED SIGNATORY ON BEHALF OF THE BIDDER ... 19
8.3 General instructions ... 19
8.4 Disqualification... 19
9 Bid Evaluation ... 20
9.1 Preliminary examination ... 21
9.2 Technical Evaluation ... 22
9.3 Opening & Comparison of Commercial Bids ... 25
10 Award of Contract ... 25
10.1 Right to vary activities at the time of award ... 25
10.2 Right to accept or to reject any or all bids ... 26
10.3 Notification of Award to the Bidder ... 26
10.4 Signing of Contract: ... 26
10.5 Discharge of Bid Security:... 27
10.6 Expenses for the Contract ... 27
10.7 Loss of Revenue to the AG Office: ... 27
10.8 Use of Contract Documents and information ... 27
10.9 Failure to abide by the Agreement ... 28
10.10 Performance Security ... 28
11 Roles & Responsibilities ... 29
12 Service Level Agreement ... 30
12.1 Service Level Objectives ... 31
12.2 SLA Monitoring ... 31
12.3 Service Levels ... 31
13 General Conditions ... 39
13.1 Intellectual Property Rights ... 39
13.2 Applicable Law ... 39
13.3 Inspections and Tests ... 39
13.4 Governing Language: ... 39
13.5 Completion of Project: ... 40
13.6 Termination... 40
13.7 Bidder Personnel ... 42
13.8 Indemnity for Intellectual Property Rights ... 42
13.9 Corrupt or Fraudulent practices ... 42
13.10 Data Protection ... 43
13.11 Confidentiality ... 43
13.12 Force Majeure ... 44
13.13 Resolution Of Disputes ... 44
13.14 Legal Jurisdiction: ... 45
13.15 Taxes AND DUTIES: ... 45
13.16 Local Conditions ... 45
13.17 Notice ... 45
13.18 Warranty And Maintenance ... 46
13.19 Support Manpower ... 47
13.20 Limitation of Liabilities... 48
13.21 Patent Rights and copy rights ... 48
14 Deliverables ... 48
15 Payments ... 50
Page 1
1
Definitions
In this Bid Document, the following terms shall be interpreted as indicated:
“Solution” means study, plan, design, develop, procure, customize, install, configure, and maintain entire application software and hardware under the project "Case Management & Tracking System" for AG Office.
“Application” means the COTS product customized, developed, tested, deployed and changed/improved during project term by the Implementing Agency for the purposes of rendering the Services to the Stakeholders of the Project at satisfactory level.
“Bidder” means the venders participating and submitting their bids as per the tender time schedule.
“Implementing Agency (IA)” means the successful Bidder who signs the contract with AG Office for study, design, develop, implement, operate and maintain the solution deployed for the Case Management and Tracking System Project under Office of the Advocate General as described in the Bid document.
"AG Office" means the Office of the Advocate General, Jabalpur under Govt. of Madhya Pradesh.
"MAP_IT" Madhya Pradesh Agency for Promotion of Information Technology, Department of Information Technology, Govt. of Madhya Pradesh. MAP_IT has been entrusted by AG Office to conduct bidding process.
“Services” means the services delivered to the Stakeholders of the project using the tangible and intangible assets created, procured, installed, managed and operated by the IA.
“Confidential Information” means all information including Project Data (whether in written, oral, electronic or other format) which relates to the technical, financial and business affairs, customers, Bidders, products, developments, operations, processes, data, trade secrets, design rights, know-how and personnel in connection with this Bid Document.
“Project Data” means all proprietary data of project generated out of project operations and transactions, documents and related information including but not
Page 2 restricted to user data which the Bidder obtains, possesses or processes in the context of providing the services.
“Deliverables” means the products and services agreed to be delivered by the Successful Bidder in pursuance of the agreement as defined more elaborately in Scope of work.
“Service Level” means the level of service and other performance criteria that will apply to the Services as set out;
“Service Level Agreement (SLA)” means the Operation and Maintenance SLA, to be executed by the Implementing Agency, in terms of the Service Level Requirements set out in the Contract.
“State Government” means the Government of Madhya Pradesh.
“Project Site” means the site/ location where the Project Activities will be performed.
“Go-Live” means the date of issuance of certificate of Completion by AG Office.
“Contract Value” is the bid value which means the price accepted by the AG Office as per Price Schedule.
2
About Office of Advocate General
The Advocate General of a State is a Constitutional post and authority duly appointed as per article 165 of the constitution of India. The Advocate General and his office defends and protects the interest of the State Government and gives invaluable legal guidance to the State Government in formulation of its policy and execution of its decisions.
The principal activity of this department is to conduct the cases pertaining to the cases before the Hon’ble High Court of Madhya Pradesh at its Principal Bench, Jabalpur, Circuit Benches at Indore and Gwalior, Madhya Pradesh Administrative Tribunal, Consumer Disputes Redressal Forums, Consumer Disputes Redress Commission of State/National and the Hon’ble Supreme Court of India where the interest of State of Madhya Pradesh and its Departments needs to be defended. It is the duty of the Advocate General to advice the other law officers if consulted; the Advocate General shall advice the Government upon such legal matters including legislative projects which are referred to him by the Government. The Advocate General shall represent the Government whether civil, criminal, original, appellate or otherwise before the MP High Court or any other High Court or the Supreme Court where the Government is a party. The Advocate General can also represent
Page 3 the Government before any Tribunal or authority or any Court subordinate to High Court if specially required by the Government. It is the duty of the Advocate General to distribute the Government work in the High Court between various Law Officers.
The Advocate General is the Head of the Department and he is the principal legal advisor to the Government. There are in all 56 Law Officers including the Advocate General and all of them work under the guidance and supervision of the Advocate General. The Advocate General has been endowed with all administrative and financial powers. The expenditure of this department is meted out under non-plan expenditure as this Department does not come under planning.
Due to excessive work load and limitation of manual system, every now and then state government faces cost orders and contempt cases. Many times, returns are not filed in due time and strong facts supporting government are not produced before court due to lack of proper coordination and collaboration between AG Office and Govt. Departments.
Office of Advocate General, MP wants to improve in-house functioning by implementing a IT Supported system that can assist in monitoring & time-tracking, Case file management, Case Allocation, Legal processing, collaboration between various stakeholders, etc. There is no explicit provision/requirement for citizen services. Thus, this project is a Case Management & Tracking Project.
3
Project Background
The office of the Advocate General handles legal cases of all the Govt. Departments, Agencies, District Administrations in the High Court. At present the AG Offices have more than 3 Lakh cases pending in the High Court. On an average 300 petitions/cases are filed in AG Offices each day. Each petition comprises 20 to 150 pages. AG offices receive daily/weekly cause list having hundreds of cases daily at 6:00 PM from High Court for next day hearing. These cases are allocated to different advocates manually and relevant files are provided to them. This exercise takes 3-4 hours after which relevant case files are distributed even after midnight to the concerned advocates. Next day, advocates walks into court rooms reading files and presents facts and arguments in favour of govt. of MP. More than 3 lakh case files are stored in record rooms of AG Offices. These files are extracted, delivered to OICs or Advocates, updated and stored back on regular basis. All the record of file movement is recorded in various registers manually.
Due to excessive work load and limitation of manual system, every now and then state government faces cost orders and contempt cases. Many times, returns are not filed in due
Page 4 time and strong facts supporting government are not produced before court due to lack of proper coordination and collaboration between AG Office and Govt. Departments.
Office of the Advocate General, MP wants to improve in-house functioning by implementing a IT Supported system that can assist in monitoring & time-tracking, Case file management, Case Allocation, Legal processing, collaboration between various stakeholders, etc. There is no explicit provision/requirement for citizen services. Thus, this project is a Case Management & Tracking Project.
Case Files are the Core of this Office Automation System. All the processes and workflows act around Case Files. Legal Documents, Facts related to case, Court Orders, etc. account for 90% of the contents in a Case File. A case file starts form a petition, appeal or application filed in the High Court. Various other documents like notices, return, vakalatnama, affidavit, adjoinders, rejoinders, letters, etc. are added in the file in due course of Case Lifecycle. Keeping this in mind, the system should be designed on the concepts and framework of e-File as well as primary backend should be a COTS solution like robust Document Management System (DMS) with Case Management System.
Considering the fact that, COTS can be quickly purchased, leased or licensed to the general public and it provides better, faster and cheaper software applications that are more reliable when compared to custom built software because its reliability is proven through the use by other organizations. COTS Solutions are more maintainable with higher complexity workflows because specialists within the industry have developed them.
Comprehensive COTS Solutions available in the market, have capability of designing multiple workflows, Case Management tools, Time-tracking, capturing data from scanned images, Queries & Reporting, Alerts, DBMS Support, Online collaboration, indexed searching, etc. All these are the actual requirement of Advocate General Office. Therefore, as a solution for Advocate General Office, COTS products available in the market, should be considered for customization and deployment. Key benefits of implementing ready to deploy COTS Solution (DMS and Case Management) after necessary customization, will be as follows:
a. Quick Deployment.
b. Flexibility for quick enhancement in functionalities and workflows. c. Better Integration with other packages
d. Better Performance and data integrity
e. Long Term Service Support and online updates, etc.
Considering this, the AG Office has decided to implement a robust DMS and Case Management System (Hereinafter referred as "The Project").
Page 5
3.1 PROJECT OBJECTIVES
To empower Office of Advocate General, Law Department and OICs of concerned departments by providing technology enablers for quick, efficient and quality functioning.
To Facilitate applicants and defendants to get hassle free access to the information
To have access to timely and accurate MIS Reports
To Efficiently manage case records
To monitor case status, compliance of court orders and time tracking.
To reduce workload for Law Officer and facilitate them to provide hassle-free legal services.
3.2 REFORM AREAS
1. Tracking of Cases:
Tracking of each and every case will be done in terms of due dates, compliances and priority actions. This will reduce incidents of Contempt and ensure proper representation of cases with all the facts and arguments in High Court within stipulated time frame. This will also provide alerts to the concerned stakeholders to act positively in time. Real time status of cases, action due at various levels, compliances of court orders, etc. should be shown on a comprehensive dashboard.
2. Digital Filing, Documentation and Record Keeping:
All the case files information should be digitized and stored in central server. Concerned officials will be able access entire or part files with proper permission online. New content generated in due course should be added in the case file record online. All these records should get synchronized with High Court Server.
3. Process Automation
All the case related processes are performed manually in AG Office and results delays at various levels. The Project should automate the case processing functions like preparation of returns, communication with respondents, obtain copies of court orders, etc. This will enable AG office to respond quickly on crucial court cases, setting priorities and take up more number of cases in process at same time.
4. Allocation of Cases to Law Officers
AG office received cause list from high court on daily basis and allocate cased among Law Officer as per predefined roster. This exercise takes 3-4 hours after which relevant case files are distributed even after midnight to the concerned advocates. The project should automate the case allocation process and give more time to Advocates for studying the
Page 6 cases by providing access to case files online. Also the system should provide intelligent allocation according to the nature of case and expertise of advocates apart from roster. 5. Facilitation for the Law Officers and Respondent Departments
To effectively handle the cases, Law Officers and concerned departments need structured access of files and intelligent searching of legacy data. The system should provide support in quick/effortless decision making.
6. Collaboration with Respondent/Applicant Departments
Continues collaboration between concerned departments/agencies and law officers is required while preparing case related document. The system will provide a comprehensive online platform for same. This will reduce multiple visits of Department representatives to the AG Office.
7. Monitoring of Court Orders and their Compliances
The system will support in monitoring of court orders and their status of compliance. This will certainly reduce contempt cases and enable law experts to do needful on the cases of high priority.
3.3 TARGETS ENVISAGED TO BE ACHIEVED
Category of Services
Existing Service Levels Proposed Service Level Office
Automation
No Automation, Unstructured data and manual processing.
Online File Tracking, Online Consultation on Facts and Proceedings, Collaborative Content Creation, Reviewing, commenting and
approving online, Online HR Management and Online Library Management.
Digital Record Keeping
Paper Records and Files only.
Digitization/scanning of all the paper records and files generated after project
implementation in structured manner.
Provision of concurrent updation and addition in records. Storage of digital record in Central Server accessible for all the concerned officers. Case tracking
and monitoring
No specific system for monitoring and tracking of individual case.
Compliance Tracking
Automated system for tracking of individual case on predefined stage parameters. Creation of compliance parameters on real time basis and compliance tracking on same.
3.4 SCOPE OF WORK
Scope of work is explained in detail along with proposed solution framework, system/application architecture, deliverables, etc. as separate part (Volume II – Scope of
Page 7 Work) of this RFP. Bidders are advised to study scope document thoroughly before taking part in the bidding. Bidders are also encouraged to participate in pre-bid conference with their queries and suggestion.
4
About MAP_IT
Madhya Pradesh Agency for Promotion of Information Technology (MAP_IT) is an agency under Department of Information Technology, Govt. of MP formulated to serve as nodal agency to propel the growth of Information Technology (IT) in Madhya Pradesh especially in government departments/agencies and deliver citizen services through electronic means. MAP_IT has been entrusted to draft this RFP and conduct fair and transparent bidding process to select Implementing Agency (IA). Representative of AG Office and Law Department will remain in the technical screening and selection committee. After conducting the bidding process, MAP_IT will submit technically qualified and financially viable bidder's proposal before AG Office to release work order and sign MSA. MAP_IT will also provide technical and project management support at time of project implementation by providing a dedicated team of consultants named as Project eMission Team (PeMT) and by providing it's representation in high level project management committees.
5
RFP Structure
This RFP is meant to invite proposals from interested agencies capable of delivering the services described herein. The content of this RFP has been documented as a set of two volumes (Volume I & II). Volume I comprises the Instruction to Bidder, SLA and General Terms and Conditional and Volume II describes scope of work, desired solution, standards & specifications as well as other requirements (functional, operational and technical) of the project. This Document is Volume I.
Page 8
6
Key Activities and Dates
Competitive Bidding for providing Turnkey Solution for Case Management and Tracking System in the Offices of Advocate General, Govt. of MP.
Name of the Project Case Management & Tracking System (CMTS) in the Office Advocate General, Govt. of MP, Jabalpur Name of the Project Owner Office of the Advocate General, Govt. of MP, Jabalpur Name of the Bidding Process Owner MAP_IT (Madhya Pradesh Agency for Promotion of
Information Technology,
47-A, State IT Center, Arera Hills, Bhopal Cost of Bid Document Rs. 5000/- Only
Bid Security (EMD) Ra. 10.00 Lakh Only (Ten Lakh) Validity period of Bid Security/Earnest
Money Deposit (EMD)
One Hundred Eighty Days (180) days. In case of DD, Ninety (90) Days.
Proposal Validity period For a period of “SIX MONTHS” Date of Commencement of Sale of Bid
Document
1st March 2014 Last date for submission of written
queries for clarifications
8th March 2014 Date, Time and Venue for Pre-Bid
Meeting
10th March 2014 at 11:30 PM in MAP_IT, State IT Center, Bhopal
Time, date and venue for submission of Bids
22nd March 2014 at 3:00 PM https://www.mpeproc.gov.in Submission Date and Time of EMD
(Offline)
24th March 2014 till 3:00 PM Time, date and venue for Opening of Bids 25th March 2014 at 4:00 PM
https://www.mpeproc.gov.in Date of Technical Presentation Would be communicated later.
Date of Opening of Commercial Bids Would be communicated later to shortlisted bidders. Address for Communication MAP_IT,
State IT Centre
47A, Arera Hills, Bhopal Telephone No: 0755 - 2554107 Fax No.: 0755 - 2769824 E mail id :
Web site: www.mapit.gov.in
Tender can be downloaded from www.mapit.gov.in and www.mpeproc.gov.in
Note: This Tender Document is not transferable.
1. Prospective Bidders are encouraged to undertake a preliminary study of the Jabalpur, Indore and Gwalior offices of Advocate General MP at their own cost.
2. The department reserves the rights to reject any or all the bids in whole or in part at any time without mentioning any reasons thereof.
Chief Executive Officer MAP_IT
Page 9
7
Instruction to Bidders
7.1 BIDDING PROCESS DETAIL
1. Complete bidding process has been divided into following parts, namely: 1.1.Issuance of NIT
1.2.Sale of tender document
1.3.Submission of written pre-bid queries by bidders 1.4.Pre-Bid meeting & issuance of corrigendum, if any 1.5.Submission of bids
1.6.Opening Pre-Qualification documents and Technical Bids 1.7.Presentation by bidders (if required)
1.8.Opening of Financial Bids 1.9.LOI & Work order placement
2. Bidders are advised to study all instructions, forms, terms, requirements and other information in the RFP documents carefully. Submission of Bid shall be deemed to have been done after careful study and examination of the RFP document with full understanding of its implications.
3. Failure to furnish all information required by the RFP documents or submission of a proposal not substantially responsive to the RFP documents in every respect shall be at the Bidder's risk and may result in rejection of its Proposal.
4. Without prejudice to the generality, purchaser reserves the right to reject any Proposal if:
At any time, a material misrepresentation is made or discovered; or
The Bidder does not provide, within the time specified by the Authority, the supplementary information sought by purchaser for evaluation of the Proposal.
Misrepresentation/improper response by the Bidder may lead to the disqualification of the Bidder. If such disqualification/rejection occurs after the Proposals have been opened and the highest ranking Bidder gets disqualified / rejected, then purchaser reserves the right to consider the next best Bidder, or take any other measure as may be deemed fit in the sole discretion of purchaser, including annulment of the selection process
Page 10
7.2 AVAILABILITY OF BID DOCUMENTS
1. Interested eligible bidders may obtain the tender documents online from e-Procurement Portal (https://www.mpeproc.gov.in/) & can be freely viewed on http://www.mapit.gov.in.
7.3 BID DOCUMENT FEES
1. A complete set of Bid Documents may be obtained by any interested bidder online from the our e-Procurement website https://www.mpeproc.gov.in/ and can be freely viewed on http://www.mapit.gov.in. A payment of tender document fee and tender processing fee as has to be made through online payment on https://www.mpeproc.gov.in for participating in the tender.
7.4 ELIGIBILITY CRITERIA FOR BIDDERS
1. The bidder must be a Company registered under Indian Companies Act, 1956.
2. The bidder must have Company incorporation certificate, valid VAT/ Sales Tax Registration Certificate, valid Service Tax Registration Certificate and Income Tax Return with Audit Report from CA (Chartered Accountant). Bidder shall provide an attested copy of all the above-mentioned certificates along with this bid document.
3. A group of companies are not allowed to come together and bid for this project as a consortium or joint venture or SPV (Special Purpose Vehicle). However, the following should be noted with respect to bids:
The bidder may sub-contract part (not more than 30% of the contract value) of the work to an agency that they deem fit.
The sole responsibility of the project would be that of the Bidder.
Only the Bidder shall submit the bids and sign the contract agreement.
The bidder may only sub-contract work related to the business of providing Training and Communication, Digitization and site preparation services.
The technical proposal shall contain the details of work proposed to be sub-contracted.
Page 11 The bidder is presumed to be a system integrator with inhouse capability of software developed and associated infrastructure (Hardware/networking) through principal manufacturer.
4. The bidder must submit documentary evidence in support of its claim for fulfilling the criteria and should submit an undertaking on its letterheads to the fairness of these documents in support of their claim while submitting the Bids.
5. The Bid received without required Earnest money will be rejected.
6. The bidder must be possessing valid CMMI Level-3 or above certification. The copy of the same should be submitted along with the Technical bid.
7. The bidder should have a team of at-least 200 developers/ technical experts. An undertaking by the HR manager/ Authorized officer of the company should be furnished. 8. The bidder should be an IT/Software Development Services provider company and in
operation since last Ten Years as on 31-Mar-2013.
9. The bidder must have annual turnover of Rs. 25 Crores (Rupees Twenty Five Crores) or more from IT related services in each of the last three financial years. CA certificate, Certified audited copies of balance sheets, profit & Loss Accounts, Annual Reports of last three financial years (2010-11, 2011-12, 2012-13) must be enclosed.
10.The Bidder must have good understanding of Government Domain and must have successfully completed at-least 3 projects in the Government organization/PSUs in India, COTS/Custom Built being the architecture. The value of each of such assignment on turn-key basis should be at least Rs. 2 Crores (Rupees Two Crores). The bidder should attach copies of the customer purchase orders / contracts which should indicate the deliverables and the scope along with the completion certificates/performance fulfillment certificate of relevant assignments.
11.The bidder should not have been Black listed by any State or Central Government or any State or Central PSU in India at the time of bid submission. An undertaking must be submitted by the bidder.
12.Relevant portions, in the documents submitted in pursuance of eligibility criterion mentioned above, may be highlighted. If tender were not accompanied by all the above
Page 12 documents mentioned, the same would be rejected. Undertaking for subsequent submission of any of the above document will not be entertained under any circumstances.
13.Concealment of any fact regarding eligibility criteria will lead to termination of contract and forfeiture of performance security.
Technical Presentation
14.The bidder may be required to make a presentation of their credentials and proposal. In such case, the exact date, time venue of the presentation will be intimated separately. The bidder would be assessed broadly on the Credentials of the organization and constitution (As per Eligibility Criteria mentioned above).
Core business and experience
Technical and managerial capability of the firm.
Performance record of the last three years.
Methodology and proposed operational plan.
Past experience of executing similar projects, etc.
7.5 BID SECURITY
1. The Bid security shall be in Indian rupees (INR) and shall be a Bank Guarantee (BG) issued by a nationalized/ scheduled bank in India and shall be valid for at least 180 days. No interest shall be payable on Bid Security under any circumstances.
2. The Bidder shall furnish as part of its Bid, a Bid security of Rupees 10 Lakh (Ten Lakh only), by way of Demand Draft or Bank Guarantee. The demand draft or Bank Guarantee shall be in favour of Chief Executive Officer, MAP_IT, payable at Bhopal, issued by a Nationalized Bank or scheduled bank. The Bid Security shall be enclosed with the Pre-Qualification Form (Annexure-C).
3. Unsuccessful Bidder's Bid security will be returned within 60 days from signing of agreement with successful bidder. The successful Bidder's Bid security will be discharged upon the Bidder's signing the Contract Agreement and furnishing the Performance Security.
Page 13 a. If a Bidder withdraws its Bid during the period of Bid validity specified in this bid
document; or
b. In case of any variation between the Commercial Bid and the Technical Bid, the Bidder will be asked to amend the Commercial Bid to bring it in line with the Technical Bid. If the Bidder refuses or fails to amend the Commercial Bid to the satisfaction of the Committee, it will be presumed that its Bid has been withdrawn during validity period and its Bid security will be forfeited.
c. In case of a successful Bidder fails to sign the Contract as specified in this bid document or fails to furnish Performance Security as specified in this bid document.
7.6 PERIOD OF VALIDITY OF BIDS
1. Bids shall remain valid for 180 days after the date of Bid opening. A Bid valid for a shorter period may be considered as nonresponsive and shall be rejected.
2. The MAP_IT may solicit the Bidder's consent to an extension of the period of Bid validity. The request and the responses thereto shall be made in writing. The Bid security provided shall also be suitably extended. A Bidder may refuse the request without getting its Bid Security forfeited. A Bidder granting the request will neither be required nor permitted to modify its Bid.
7.7 APPLICATION AND INTERPRETATION OF CLAUSES
1. For interpretation of any clause in the Bid Document or Contract Agreement the interpretation of the MAP_IT (Selection Committee) shall be final and binding on the Bidder.
7.8 COMPLETENESS OF BID DOCUMENT:
1. The list of Documents comprising the Bid to be submitted by the Bidder shall be mandatory to include the following documents duly filled up:
• Bid Form (Annexure B)
• Pre-qualification Form (Annexure C)
• Technical Bid Covering Letter (Annexure D) • Performance Statement Form (Annexure E) • Bid Security Form (Annexure F)
Page 14 • Commercial Bid Covering Letter (Annexure I)
• Commercial Bid- itemwise price Schedule (Annexure J) • Details of Components offered (Annexure L)
• Format for list of computer professionals (Annexure N) • Bidder’s Authorization Certificate. (Annexure O)
• Self-Declaration (Annexure P)
• Certificate of Conformity (Annexure Q)
• Manufacturer’s Authorization Form (Annexure R)
2. The Bidders are expected to examine all instructions, forms, terms, project requirements and other information provided in the Bid document. Failure to furnish any information required by the Bid or submission of a Bid not substantially responsive in every respect will be at the Bidder’s risk and may result in rejection of the Bid and forfeiture of the Bid Security.
7.9 LANGUAGE OF BID
1. The Bid prepared by the Bidder, the correspondences as well as all the document relating to the Bid exchanged between the Bidder and the MAP_IT, shall be in English language. Supporting documents and printed literature furnished by the Bidder may be in some other language, provided, they are accompanied by an accurate translation of the relevant passages in English.
7.10CLARIFICATION OF THE BID DOCUMENT AND PRE-BID CONFERENCE
1. In the pre-bid meeting, the MAP_IT and AG Office Representatives would address the clarifications sought by bidders with respect to the RFP document and project. For the same, the bidder should submit the queries in writing in given format Annexure A. Please note that the queries not submitted in the prescribed format shall not be entertained at all.
2. The prospective bidders having any queries/clarifications about the contents detailed in the RFP may submit the same in prescribed format to MAP_IT in writing and through E-Mail ([email protected] and [email protected]) at least one days in advance from the date of pre-bid meeting. No additional queries would be entertained after pre-bid meeting.
Page 15 3. MAP_IT reserves the right not to respond to any/all queries raised or clarifications sought if, in their opinion and at their sole discretion, they consider that it would be inappropriate to do so or do not find any merit in it.
4. Response on the Pre-bid queries and amendments (if any) would be uploaded on the websites www.mpeproc.gov.in and www.mapit.gov.in. Bidders are advised to regularly visit the websites for updates.
7.11AMENDMENT OF BID DOCUMENT BY THE MAP_IT
1. At any time prior to the deadline for the submission of Bids, the MAP_IT may, for any reason, whether on its own or in response to a clarification requested for by a prospective Bidder, modify the Bid Document by way of amendment(s).
2. In order to allow reasonable time to the prospective Bidders for taking into account such amendment(s), in the preparation of their Bids, the MAP_IT, at its discretion, may extend the deadline for the submission of Bids, any time.
3. All the amendments/corrigendum (if any) would be uploaded on the website as mentioned above. Bidders are advised to regularly visit the websites for updates.
7.12BID PRICE
1. The Bidder shall indicate prices on the prescribed Commercial Bid-itemwise Price Schedule (Annexure J) in Indian Rupees only.
2. The Bidder is required to ensure that the products quoted are as per prescribed specification, industry standard and is compatible with latest & Upgraded hardware, other system software, application software and networking equipments, etc
3. The Bidders are required to quote their best prices, inclusive of all taxes, levies, freight, forwarding, handling, insurance, inland transportation, local costs etc. incidental to the delivery of goods to their final destination at all project sites and for its installation, configuration, tuning, testing, integration, commissioning and maintenance charges for 60 months after “Go-Live” and training of personnel required.
4. The required products and equipments quoted by the bidders must have its specifications equivalent to or superior than those mentioned in the Bid. In case of any difference in specification of an item with those in the Bid Document, the Technical
Page 16 Committee shall decide whether specifications of offered product are equivalent/ superior or not and its decision will be final and binding.
5. During the course of supply, the Bidder, with the consent of AG Office, may supply a superior Compatible version, or higher configuration, meeting or exceeding technical specifications of the contract without any extra cost payable for that.
6. The rates offered by the Bidder should be firm and free from all escalations. Prices quoted by the Bidder shall be fixed during Bidder’s performance of the Contract and shall not be subject to variation on any account. A Bid submitted with a price adjustment/variation provision will be treated as non-responsive and rejected, pursuant to Clause of Preliminary examination mentioned in this bid document.
7. Bidder must submit item-wise prices for all items given in Annexure-J. These item-wise prices will be used for calculating the value of deviations, reductions/ increase in quantity & deletion of items altogether.
8
Bid Submission
1. Bids must be direct, concise, and complete. All information not directly relevant to this RFP should be omitted. Purchaser shall evaluate the bid based on its clarity and the correctness of its response to the requirements of the project as outlined in this RFP. 2. The bids shall be submitted online on https://www.mpeproc.gov.in/ as per the formats
given below
8.1 FORMAT OF SUBMISSION
1. EN-01 EMD (Offline submission):
An envelope containing EMD and Bid Security Form (Annexure F) is to be super scribed as “EMD – Case Management and Tracking System in AG Office” The envelop is to be submitted physically at MAP_IT office, State IT center, 47-A, Arera Hills, Bhopal, Madhya Pradesh.
2. EN-02 Pre-qualification Bid:
The PDF file, should be titled as “Pre-qualification – Case Management and Tracking System in AG Office”
Page 17 b. Annexure C : Pre-Qualification Document Check-List as per the eligibility criteria. c. Annexure O : Bidder's Authorization certificate
EN-03 Technical Bids:
A PDF file titled as “Technical Bid - Case Management and Tracking System in AG Office” a. Annexure – D : Technical Bid Covering Letter
b. Annexure – E : Performance State Form c. Annexure - H : Time Schedule Form
d. Annexure – L : Details of Components Offered e. Annexure – N : Format for List of Professionals f. Annexure – P : SELF-DECLARATION
g. Annexure – Q : CERTIFICATE OF CONFORMITY
h. Annexure – R : MANUFACTURER’S AUTHORIZATION FORM i. Proposed Solution:
The technical Bid should contain a detailed description of how the Bidder will provide the required services outlined in this Bid. It should articulate in detail, as to how the Bidder’s Technical Solution meets the requirements specified in the Bid. The Technical Bid must not contain any pricing information. Any information submitted, additional to the required response should be marked as ‘Supplementary’ and will be furnished as separate section. If the Bidder wishes to propose additional services (or enhanced levels of services) beyond the scope of this Bid, the proposal must include a description of such services as a separate attachment to the Bid. The technical Bid should entail the details of Tasks to be performed as per detailed scope of work and technical specifications as given in the Bid covering the following at the minimum:
Overview of the Proposed Solution that meets the requirements specified in the Bid
Detailed description of COTS solution, its capability of providing desired solution with minimum customization and instances of its successful implementation for similar solutions.
Proposed Solution architecture
Technical architecture
Page 18 Operational environment
Implementation methodology, project plan and implementation schedule
Project team structure, size and capability (Total Staffing plan including numbers)
Project Management, reporting and review methodology
Quality standards and assurance process to be followed
Risk Identification/Mitigation Strategies
Training & Change Management Strategies
Key Deliverables (along with example deliverables, where possible).
The Technical Bid shall also contain Bidder’s plan to address the key challenges of the project. Any deviations in the final deliverables between technical and commercial Bids shall make the proposal as being unresponsive and may lead to disqualification of the entire Bid. MAP_IT reserves the right to take appropriate action in this regard.
EN-04 Financial Bid:
The PDF file titled as “Financial Bid - Case Management and Tracking System in AG Office” has to be uploaded electronically and would include Annexure – I : Covering Letter – Financial Bid (Format). Item Wise Price Schedule (Annexure "J") has to be uploaded in MS Excel sheet format, which is available on eProcurement Portal.
a. The Bidder shall indicate the prices for various items mentioned in Annexure-J as described in price schedule. The Bidder can quote separately for additional features that are desirable for better performance of the project and are not considered under the scope of this work. However, the final Bid price shown by the Bidder for complete work (excluding additional feature) shall be treated as the Bid price for the project, for comparison of Bids.
b. Unless expressly indicated, Bidder shall not include any technical information regarding the services in the commercial Bid. Additional information may be submitted to accompany the proposal. In submitting additional information, it should be marked as supplemental to the required response. Prices shall be quoted entirely in Indian Rupees and must separately indicate all applicable taxes and levies.
c. The commercial Bid must be detailed and must cover each year of the contract term. The commercial Bid must be summarized by completing the price schedule, which is contained in "Annexure J" of this Bid.
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8.2 AUTHORISED SIGNATORY ON BEHALF OF THE BIDDER
1. The bidder’s representative/ officer vested (explicitly, implicitly, or through conduct) with the powers to commit the authorizing organization to a binding agreement. Also called signing officer/ authority, having the Authorization Certificate (Annexure "O") from the competent authority of the respective Bidding firm.
8.3 GENERAL INSTRUCTIONS
1. While every effort has been made to provide comprehensive and accurate background information and requirements and specifications, Bidders must form their own conclusions about the solution needed to meet the requirements. Bidders and recipients of this Tender may wish to consult their own legal advisers in relation to this Tender. 2. All information supplied by Bidders shall be treated as contractually binding on the
Bidders. On successful award of the assignment by MAP_IT, the same information shall be the basis of the contract.
3. This Tender supersedes and replaces any previous public documentation & communications, and Bidders should place no reliance on such communications.
4. MAP_IT reserves the right to postpone or cancel a scheduled Tender opening at any time.
5. The Tender would be led only by the bidder to whom the Tender document fee receipt has been issued and cannot be transferred to any other entity.
6. Each bidder shall submit only one Proposal. The bidder who submits more than one Proposal will be disqualified.
8.4 DISQUALIFICATION
1. MAP_IT may at its sole discretion and at any time during the processing of bid, disqualify any Tender from the bid process if: -
a. The bid is not submitted in accordance with this document.
b. The firms is not meeting eligibility criteria as mentioned in this RFP
c. During validity of the bid or its extended period, if any, the bidder increases his quoted prices.
d. Bidder has submitted condition bid.
e. Bidder has made misleading or false representations in the forms, statements and attachments submitted in proof of the eligibility requirements.
Page 20 f. Bid received after due date and time.
g. If found to have a record of poor performance such as abandoning work, not properly completing the contract, inordinately delaying completion, being involved in litigation or financial failures, etc.
h. Bid is not accompanied by required documentation and Earnest Money Deposit (EMD) would be rendered non-responsive and will be out rightly rejected.
i. Bidder is failed to provide clarifications related thereto, when sought.
j. Bidder has submitted more than one bid. This will cause disqualification of all bids submitted by such bidders.
k. Bidders who are found to canvass, influence or attempt to influence in any manner for the qualification or selection process, including without limitation, by offering bribes or other illegal gratification shall be disqualified from the process at any stage.
2. Bidders may specifically note that while processing the tender documents, if it comes to knowledge expressly or implied, that some bidders may have compounded in any manner whatsoever or otherwise joined to form a cartel resulting in delay / holding up the processing of tender then the bidders so involved are liable to be disqualified for this contract as well as for a further period of two years from participation in any of the tenders floated by any department of Govt. of MP. It is also clarified that if need arises then MAP_IT and AG Office would go in for appointment of outside party(s) to undertake the work under the captioned tender.
9
Bid Evaluation
1. Evaluation of bids received in response to the NIT for the Project shall be evaluated by the Selection Committee constituted by MAP_IT.
2. Conditional bids shall be summarily rejected.
3. Selection Committee shall examine the bids to determine whether they are complete, whether any computational errors have been made, and whether the bids are generally in order.
4. If there is any discrepancy or arithmetical error between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall
Page 21 prevail and the total price shall be corrected. If the Bidder does not accept the correction of the errors, the bid shall be rejected. If there is a discrepancy between words and figures, the amount in words shall prevail.
5. The Tender Committee may conduct clarification meetings with each or any bidder to discuss any matters, technical or otherwise.
6. Bid document shall be evaluated as per the following steps:
9.1 PRELIMINARY EXAMINATION
1. This shall involve assessment of EN-01 and EN-02 as specified above. The submitted documents shall be examined to determine whether the bidder meets the eligibility criteria, completeness of the bid, whether the documents have been properly signed by the authorized signatory and whether the bids are generally in order.
2. MAP_IT reserves the right to seek information/clarifications from the bidders. Any bids found to be non-responsive for any reason or not meeting the minimum levels of eligibility criteria specified in the various sections of this Tender Document shall be rejected and not included for further consideration.
3. Before starting evaluation, the Bids will be examined to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order.
4. The Selection Committee set up by MAP_IT for evaluation of Bids, may waive any minor infirmity or non-conformity or irregularity in a Bid which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder.
5. Prior to the detailed evaluation, the Selection Committee will determine the substantial responsiveness of each Bid to the bidding documents. For purpose of these Clauses, a substantially responsive Bid is one, which conforms to all the terms and conditions of the bid documents without material deviations.
6. If the Selection Committee determines that a Bid is materially deviating from the prescribed terms and conditions, then the matter may be referred at higher level to decide whether the deviations of the Bid are material or not. Decision of the Selection Committee regarding this shall be final and binding.
Page 22 7. The Committee’s determination of a Bid's responsiveness is to be based on the contents
of the Bid itself without recourse to extrinsic evidence.
8. If a Technical Bid is determined as not substantially responsive, the MAP_IT will reject it and in such a case Commercial Bid will not be opened.
9. The committee may invite each Bidder to make a presentation at a date, time and location decided by MAP_IT. The purpose of such presentations would be to allow the Bidders to present their proposed solutions to the committee and the key points in their Bids.
9.2 TECHNICAL EVALUATION
1. A three-stage procedure will be adopted for evaluation of proposals, with the pre qualification being completed before the technical evaluation and thereafter financial proposals being opened and compared.
2. The Pre Qualification proposal will be evaluated using the following checklist
S. No. List of Documents Supporting documents Annexed
as
1 Cover Letter On Bidder’s Letter head
2 Bidder’s Authorization Certificate "Annexure O" 3 The bidder must be a Company/firm registered under
Indian Companies Act, 1956
Certificate of
Incorporation/ Article of Association etc.
4 The bidder should deposit Earnest money. The Bid received without required Earnest money will be rejected.
DD/BG from
Nationalized/scheduled Bank enclosed.
5 The bidder must be possessing valid CMMI Level-3 or above certification. The copy of the same should be submitted along with the Technical bid.
Copy of relevant certificates be enclosed. 6 The bidder should be an IT/Software Development
Services provider company and in operation for the last Ten Years as on 31-Mar-2013
Undertaking and documentary evidence be enclosed.
7 The bidder must have annual turnover from IT related services averaged over the last three financial years, more than Indian Rs. 25 Crores (Rupees Twenty Five Crores). CA certificate, Certified audited copies of balance sheets, profit & Loss Accounts, Annual Reports of last three financial years (2010-11, 2011-12, 2012-13) must be enclosed.
CA Certificate of this effect and audited balance sheets/ profit and loss accounts/ annual reports of last three financial years (2010-11, 2011-12, 2012-13) should be enclosed.
8 The Bidder must have good understanding of Government Domain and must have successfully completed at-least 3 eGovernance Projects in the Government
Departments/Govt. Organizations/ PSUs in India. The value of each of such assignment on turn-key basis should be at least Rs. 2 Crores (Rupees Two Crores). The bidder
Copy of work orders, CA audit certificates, purchase orders, completion certificates and other relevant documents be enclosed.
Page 23
should attach copies of the customer purchase orders / contracts which should indicate the deliverables and the scope along with the completion certificates of relevant assignments.
10 The bidder should not have been Black listed by any State or Central Government or any State or Central PSU in India at the time of bid submission. An undertaking must be submitted duly attested by the bidder.
Undertaking on Letter head be enclosed
11 The bidder should have a team of at-least 200 developers/ technical experts.
Undertaking on Letter head be enclosed. 12 The bidder must submit documentary evidence in support
of their claim for fulfilling the criteria and they should submit an undertaking on their letterheads to the fairness of these documents in support of their claim while submitting the Bids. The Bids received without documentary evidence will be out rightly rejected.
Undertaking on Letter head be enclosed.
3. Criteria for Evaluation and Comparison of Technical Bids: The technical proposal will be evaluated using the following criteria:
Sr. No.
Technical Parameter – Checklist
(Must submit Documentary evidence for each parameter)
Max score
1 Information Technology based Company registered under the Indian Companies Act, 1956 since last 10 (Ten) years:
>= 20 Years (5 marks) >= 15 Years (3 Marks) >= 10 Years (2 Marks)
5
2 The bidder should have minimum turnover of Rs. 25 Cr. in each of the last 3 years (10-11, 11- 12 & 12-13).
>= 100 Cr. (10 marks) >=50 Cr (7 marks) 25 Cr. (5 marks)
10
3 In capacity of System Integrator/Implementation Agency, The bidder should have successfully implemented eGovernance Projects that involves application development/ customization in any Govt. Department/Govt. Organization/ PSU in India. Project value must be at least Rs. 2 Crore for each such project.
>=10 Projects = 15 marks >=5 Projects = 10 marks 3 Project = 8 mark
15
4 The bidder should have a team of at-least 200 developers/ technical experts.
>= 500 developers/ Technical experts (10 marks) >=300 developers/ Technical experts (8 marks) 200 developers/ Technical experts (5 marks)
Page 24 5 Experience of implementing COTS based DMS Solution or Case
Management Solution (Procure, Supply, Customize, implement and maintenance)
Project value should not be less than Rs. 2 Crore for each such project.
>=5 Projects = 10 marks >=2 Projects = 5 marks 1 Project = 3 marks
10
6 The Bidder should have a valid CMMI level 3 or above certification. CMMI Level 5 = 5 marks
CMMI Level 4 = 4 marks CMMI Level 3 = 3 marks
5
7 Experience of HR Management Solution (supply, implementation and maintenance)
>=3 Projects = 5 marks 2 Projects= 3 marks 1 Project = 2 mark
5
8 Experience of Library Management Solution (supply, implementation and maintenance)
>=3 Projects = 5 marks 2 Projects=3 marks 1 Project = 2 mark
5
9 Technical Presentation/Solution framework Parameter for technical presentations:
1. Proposed Solution and Architecture 2. SLA monitoring system/tool
3. Strategy proposed
4. EMS/NMS/project monitoring tools 5. Project O&M Plan
6. Data digitization plan 7. Implementation strategy 8. Project timelines and plans
9. Proposed manpower (at least key resource nomination should be submitted with technical proposal)
10.Any other parameter decided evaluation committee.
35
Total 100
Note: Bidder has to submit sufficient documents to support their claims for marks.
4. The commercial bids of only those bidders, who have scored at least 70% marks in technical bid evaluation process, will be considered for commercial bid evaluation.
Page 25
9.3 OPENING & COMPARISON OF COMMERCIAL BIDS
1. The Commercial Bids will be opened, in the presence of Bidders’ representatives (Maximum two for each bidder). The Bidder’s representatives who are present shall sign a register evidencing their attendance.
2. The Commercial Bid of only technically qualified bidders will be opened. Those technically qualified bidders shall be termed as Substantially Responsive. The decision of the MAP_IT in this regard shall be final.
3. The Commercial Bids will be opened and compared (after the technical evaluation is completed) for those Bidders whose technical bids reach the minimum threshold standards (i.e. 70% marks). The Bidder is required to quote for all the items as mentioned in the Price Schedule. Therefore any Bid which does not quote for all items will be determined to be non- responsive and may be rejected. The ranking of bidders shall be decided on the basis of bid value as quoted by the bidder in "Annexure J" & most economical option (lowest quote) will be considered as L1/ successful bidder. 4. MAP_IT and AG Office reserves the right to not to award the contract to the L1 bidder
without assigning any reasons thereof.
5. The name of Bidder, Bid Prices, etc. will be announced at the meeting.
6. If required MAP_IT may vary quantity or no of items mentioned or both from the list of BOM (Specially for items for which item wise rates are asked separately)
10
Award of Contract
1. A contract will be awarded AG Office to the responsive Bidder whose Bid conforms to the requirements and is, in the opinion of the MAP_IT, the most advantageous and represents the best value to the project, price and other factors considered. Evaluations will be based on the Bids, and any additional information requested by the MAP_IT.
10.1RIGHT TO VARY ACTIVITIES AT THE TIME OF AWARD
1. The AG Office shall have the right to make any alterations, omissions, additions or subtractions in items, their quantities along with technical specifications and/OR BoM at the time of award of contract. In consultation with MAP_IT, the AG Office will give such intimation to the successful Bidder, and additional cost/deduction in the Bid prices, based on the price schedule submitted by him, will be worked out with the Bidder.
Page 26
10.2RIGHT TO ACCEPT OR TO REJECT ANY OR ALL BIDS
1. The MAP_IT reserves the right to accept or reject any Bid, and to annul the Bid process and reject all Bids at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or any obligation to inform the affected Bidder of the grounds for the MAP_IT's action.
2. MAP_IT may, in exceptional circumstances and at its discretion, extend the deadline for submission of bids by issuing a notification which shall be posted only on https://www.mpeproc.gov.in/. In such a case all rights and obligations of MAP_IT and the bidders previously subject to the original deadline shall thereafter be subject to the deadline as extended.
10.3NOTIFICATION OF AWARD TO THE BIDDER
1. Before the expiry of the period of validity of the proposal, the MAP_IT will formally recommend the name of successful bidder to the AG Office, Jabalpur. The AG Office shall notify the successful Bidder in writing by registered letter or by fax, that its bid has been accepted. The Bidder shall acknowledge in writing receipt of the notification of award and will send his acceptance to enter into agreement within seven (7) days. 2. Notwithstanding anything else contained to the contrary in this Document, the AG
Office reserves the right to increase or decrease quantities required for any phase at any stage or even delete some of the items altogether. The quantities can be altered without any change in the unit price or other terms and conditions. The AG Office may even vary the break up of overall quantities of an item in view of techno-commercial reasons.
10.4SIGNING OF CONTRACT:
1. The notification of the award shall constitute signing of the contract/ agreement. However, if required, the AG Office may negotiate certain terms with successful Bidder before signing of the contract/agreement. The signing of agreement will amount to award of contract and bidder will initiate the execution of the work as specified in the contract/agreement. If the bidder refuses to accept the award within one week and disinclines / or neglects the signing the contract agreement and does not offer to sign the agreement immediately after one week of receipt of letter of intent and does not
Page 27 sign the contract agreement within a fortnight, the AG Office will ask MAP_IT to forfeit the bid security of the bidder.
10.5DISCHARGE OF BID SECURITY:
1. Upon the successful signing of the agreement, AG Office shall promptly request the Bidder to provide performance security. On receipt of the performance security, the bid security will be released by MAP_IT.
10.6EXPENSES FOR THE CONTRACT
1. The incidental expenses of execution of agreement / contract shall be borne by the successful bidder.
10.7LOSS OF REVENUE TO THE AG OFFICE:
1. The bidder shall be vicariously liable to indemnify the AG Office in case of any misuse of data/information by the bidder, deliberate or otherwise, which comes into the knowledge of the AG Office during the performance or prevalence of the contract. The amount of indemnity in any case will be decided by the Competent Authority in AG Office.
10.8USE OF CONTRACT DOCUMENTS AND INFORMATION
1. The bidder shall not, without the AG Office Competent Authority's prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the AG Office in connection therewith, to any person other than a person employed by the bidder. Disclosure to any such employed person shall be made in confidence and shall extend only so far, as may be necessary for purposes of such performance of the contract.
2. Any document, other than the contract itself, shall remain the property of the AG Office and shall be returned (in all copies) to the AG Office on completion of the selected bidder’s performance under the contract, if so required by the bidder.
Page 28
10.9FAILURE TO ABIDE BY THE AGREEMENT
1. The conditions stipulated in the agreement shall be strictly adhered to and violation of any of these conditions will entail termination of the contract without prejudice to the rights of the AG Office with such penalties as specified in the agreement.
10.10PERFORMANCE SECURITY
1. Within 21 days of notification of award, the Selected Bidder shall furnish performance security equal to 10% of bid value, valid up to 60 days after the date of completion of the project term that includes 5 years operation and maintenance period after ‘Go Live’ of the project.
2. The proceeds of the performance security shall be payable to the AG Office as compensation for any loss(es) resulting from the failure of the System Integration Bidder to meet out its obligations under the Contract.
3. The performance security shall be furnished in the form of an unconditional and irrevocable Bank Guarantee for Contract Performance of the sum equivalent to 10% of the contract value in a form and manner acceptable to the AG Office which would remain valid until such time and be renewable as may be stipulated by the AG Office. 4. The Performance Security will be discharged by the AG Office and returned to the Bidder
not later than 60 days following the date of completion of the Bidder's performance obligations, as mentioned in the bid document.
