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DATA ACQUISITION, RESULT PROCESSING OF DIPLOMA PRE AND POST

EXAMINATION RELATED WORK (GENERAL DIPLOMA, SEMESTER I TO VI) &

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TENDER DOCUMENT

FOR

MAINTENANCE AND MANAGEMENT

OF EXISTING APPLICATION SOFTWARE

FOR DATA ACQUISITION, RESULT PROCESSING OFDIPLOMA PRE AND POST EXAMINATION RELATED WORK

(GENERAL DIPLOMA, SEMESTER I TO VI)&

(PART TIME DIPLOMA, SEMESTER I TO VIII)

State Board of Technical Education,4"' Floor, Technology Bhawan

Vishvcshwaraiah Bhawan CampusBailey Road Patna

Bihar-800015

In order to maintain and manage existing application software (offline & online) ofEXAMINATION MANAGEMENT SYSTEM (EMS) for Diploma Examinationsconducted by Stale Board of Technical Education. Bihar, Sealed bids are invited fromvendors dealing in software development and maintenance, and having eligibility (asper eligibility criteria mentioned in Annexure - V) to extend Maintenance support forfive years extendable for a further duration of three years (maximum eight years)on yearly basis. Scope of work is mentioned in Annexure -III. The package is deployedon TOMCAT 6 Application Server using Vaadin, Groovy, Grails, Java, JSP as frontend.

The job includes the deployment / posting of qualified and experienced personnel atSBTE site as well as in the Evaluation Centre as per the requirement of this Project.

Proposals along with the following documents must be submitted in a Sealed envelopesuperscribing "TENDER - Maintenance and Management of ExaminationManagement System (EMS), Application Software(s)"a. Forwarding letter as per format given in Annexure -Vll.

b. Documents as required to establish minimum eligibility criteria as per Annexure - V.

c. Power of Attorney as given in Annexure - X.

d. A Demand Draft / Bank Guarantee for 50,000 (Rupees fifty thousand only) in lieu ofEarnest Money Deposit (EMD) drawn in favour of Secretary, SBTE and payable atPatna, Bank guarantee format for EMD is as per Annexure - XI.

e. Commercial bid in a separate sealed envelope superscribing "TENDER -Maintenance and Management of Examination Management System (EMS)Application Software(s) - Commercial Bid".

Proposals completed in all respects should be submitted at the following address latestby 28"^ February, 2020 by 18:00 Hrs.

To,The Secretary,State Board of Technical Education, 4^*^ Floor, Technology Bhawan,Vishveshwaraiah Bhawan Campus, Bailey Road, Patna-800015.

The Bid information. General Terms and Conditions and Commercial bid format aregiven in the following annexure:

a. Annexure I - Bid Information

b. Annexure II - General Terms and Conditions

c. Annexure III - Brief about SBTE, IT Setup. Project Details & Scope of workd. Annexure IV - Special Terms and Conditionse. Annexure V - Manpower and its Qualificationf. Annexure VI - Forwarding Letter

g- Annexure VII - Performance Bank Guarantee

h. Annexure VIII - Indemnityi. Annexure IX - Power of Attorney

j- Annexure X - EMD (Bank Guarantee format)k. Annexure XI - Technical Bid

The proposals received after due date and time shall not be accepted.

Annexure -1

Bid Information Sheet

S.N I

1 \

liH Reference1Purposet

fender No. 02/2020vlaintenance and Management ot bxisimg\pplication Software (offline & online) for[)ata Acquisition, Registration &Examination/Result Processing ofDiploma (EMS) with bugfixing, enhancement &development of futuremoHiiles. modification. —

2 EMDRs. 50,000/- To be submitted as Demand Diallin favour ofSecretary State Board ofTechnicalPHiiratinn Bihar. Patna

3 No. of Envelopes (Non window,sealed) to be submitted- 02 (Two)

First envelope containing (Marked A ) i

1. Forwarding letter.ii. Documents to establish minimum eligibility

criteria,

lii. DD towards EMD.iv. Power of Attorney.Second envelope containing (Marked "B )i. Non-window sealed envelope containing

Commercial Bid

4 Last Date of Submission of Bid. 27 March, 2020 by 6:00 Mrs.(By Indian Registered post/ Speed post Only)

5

~6

Venue, Date and Time for opening ofBid.

Last Date for seeking clarifications, if

At 3:00 Hrs, on 31 March, 2020 at theaddress given at Sr. no. 8

26 March,2020 by 17:00 Hrs

8 Address for Venue The Secretary,State Board of Technical Education,4"^ Floor, Technology BhawanVishveshwaraiah Bhawan CampusBailey Road, PatnaBihar - 800015

9 Date and Time for opening olCommercial Bids.

' Will be intimated in due course to shon listedvendors only

10 Contact Person details Dr. R.K.SinghController of Examination7004279208,0612-2546532rflmpc:hkiimargo7fS)2mail.com. controller-sbte-bihO,nic.in, sbte.patna(a.email.com 1

Annexure - II

General Terms and Conditions

The Bidders are expected to examine all instructions, forms, terms and specifications in thisbidding document. Failure to furnish all information as required in the bidding document mayresult inthe rejection of bidsand will be at the bidder's own risk.

1. Clarification of Bids

a. The bidder or its official representative is invited to attend pre-bid (date and venuementioned in Bid Information Sheet) It would be the responsibility of the Bidders orthe respective representatives to be present in the meeting.

b. Clarification sought by bidder should be made in writing (Letter/E-mail/FAX etc) &submitted at least one day prior to the dale of pre-bid meeting. SBTE has discretion toconsider any other queries raised by the bidder's representative during the pre-bidmeeting.

c. The text of the clarifications asked (without identifying the source of enquiry) and theresponse given by the Board, together with amendment to the bidding document, ifany, will be posted on the website. It would be responsibility of the bidder to checkthe website before final submission of bids (www.sbtebihar.gov.in).

2. Amendment to the bidding documenta. At any time prior to the date of submission of Bids, the SBTE, for any reason, may

modify the Bidding Document, by amendment.

b. Theamendment will beposted on Board's website - www.sbtebihar.gov.in.

c. All Bidders must ensure that such clarifications have been considered by them beforesubmitting the bid. SBTE will not have any responsibility in case some omission isdone by any bidder.

d. In order to allow prospective Bidders reasonable time for taking the amendment intoaccount in preparing their Bids, the SBTE, at its discretion, may extend the deadlinefor the submission of Bids.

3. Language of BidThe bid prepared by the Bidders, all correspondences and documents relating to the Bidexchanged by the Bidder and the SBTE and supporting documents and printed literatureshall be written in English.

4. Cost Details & ValidityThe quoted Rate/Cost should be inclusive of allTaxes:

5. Payment TermsMonthly payment in arrears will be paid. However, first payment to the vendor will bepayable after submission of Performance Bank Guarantee/DD for an amount equivalentto 5% of the order value of the year.

6. Bid SubmissionVendors should submit the bids strictly in accordance with the information given in theAnnexure -1 (Bid Information).

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7. Responsive bidsBids confonning to the following essential requirements shall be considered asresponsive:

i. Bids submitted at the prescribed address on orbefore the stipulated date and time.

ii. Bids along with following documents:1) Forwarding letter-Annexure VII2) Documents establishing minimum eligibility criteria as per Annexure-V3) Power of Attorney as given in Annexure - X4) DD/BG towards the HMD, DD for Tender Document fee.5) Manpower and its Qualification in Annexure - VI

iii. Commercial bids in the prescribed format, in aseparate non window sealed envelope.

8. Earnest Money Deposit (EMD)a. All the responses must be accompanied by a refundable interest free Earnest Money

Deposit amounting to Rs.50,000/-.

b. EMD should be in the form ofDemand Draft in favour of"Secretary, State Board ofTechnical Education", payable at Patna. Any bid received without EMD in properform and manner shall be considered unresponsive and rejected.

c. No interest will be paid on EMD.

d. Request for exemption from Security Deposit will not be entertained.

e. The EMD amount ofall unsuccessful bidders would be refunded immediately uponreceipt of the signed contract from the selected Bidder.

f. Successful Bidder will be refunded the EMD amount only after submission ofperformance guarantee by the bidder.

g. The bid security may be forfeited upon happening ofthe following events:

• Ifa bidder withdraws its bids during the period ofbid validity.

• If a bidder makes any statement or encloses any form which turns out to be false/incorrect at any time prior to signing of the contract.

• In case of successful bidder, if the bidder fails to sign the contract or fails tofurnish performance guarantee.

9. Bihar Financial Rules and Circular, Bihar Purchasing Preference Policy,The State Govt. and Central Govt. Rules and Acts Related to Govt. Procurement areapplicable. If there is any dispute between above rules, the State Govt. rules will beapplicable.

10. Late Bids

Any bid received by the Board after the deadline for submission ofbids prescribed by theBoard will be rejected and returned unopened to the bidder.

11. Modification And/ Or Withdrawal of Bids:a. No bid may be modified or withdrawn after the deadline for submission ofbids.

b. Board has the right to reject any or all bids received without assigning any reasonwhatsoever. Board shall not be responsible for non-receipt / non -delivery of the biddocuments due to any reason whatsoever.

12. Opening of Bidsa. Bids, except commercial bids, received within stipulated time, shall be opened as per

schedule given in the bid information sheet.

b. On the scheduled date and time, bids will be opened by the Board's purchaseCommittee in presence of Bidder representatives. It is the responsibility of thebidder's representative to be present at the time, on the date and at the placespecified in the tender document. The bidders' representatives who are present shallsign evidencing their attendance.

c. The Bidder's name, presence or absence of requisite HMD and such other details asthe Board, at its discretion, may consider appropriate will be announced at the timeof technical bid opening.

d. Bids that are not opened at Bid opening shall not be considered for further evaluation,irrespective of the circumstances. Withdrawn bids will be returned unopened to theBidders.

13. Clarification of bids

a. During evaluation of Bids, the Board, at its discretion, may ask the Bidders forclarifications of their Bids. The request for clarification and the response shall be inwriting (Fax/e-Mail), and no change in the price of substance of the Bid shall besought, offered or permitted.

b. Bidder to submit point by point compliance to the technical compliance and it shouldbe included in the Bid.

c. Any deviation from the specifications should be clearly brought out in the bid.

d. Bidder to quote for entire package on a single responsibility basis for the services itproposes to offeras laid down in the contract.

14. Preliminary Examinationsa. The Board will examine the Bids to determine whether they are complete, the

documents have been properly signed, supporting papers/documents have beenattached and the bids are generally in order.

b. The Board may, at its sole discretion, waive any minor infirmity, nonconformity orirregularity in a Bid which does not constitute a material deviation, provided such awaiver does not prejudice or affect the relative ranking of any Bidder.

c. Prior to the detailed evaluation, the Board will determine the substantialresponsiveness of each Bid to the Bidding document. For purposes of these Clauses,a substantially responsive Bid is one, which conforms to all the terms and conditionsof the Bidding Document without material deviations. Deviations from or objectionsor reservations to critical provisions, such as those concerning Bid security,

performance security, qualification criteria, insurance, Force Majeure etc. will bedeemed to be a material deviation. The Board's determination of a Bid's

responsiveness is to be based on the contents of the Bid itself, without recourse toextrinsic evidence. The SBTE would also evaluate the Bids on minimum eligibilitycriteria including possible visit to inspect live site(s) of the bidder, bidderspresentation etc.

d. If a Bid is not substantially responsive, it will be rejected by the SBTE and may notsubsequently be made responsive by the Bidder by correction of the nonconformity.

e. The Bidder is expected to examine all instructions, forms, terms and specification inthe Bidding Document. Failure to furnish all information required by the BiddingDocument or to submit a Bid not substantially responsive to the Bidding Documentin every respect will be at the Bidder's risk and may result in the rejection of its Bid.

15. Minimum Eligibility / Evaluationa. Pursuant to the evaluation of Preliminary Examination, minimum eligibility criteria as

specified in this document is verified. The bidder should satisfy the pre-qualificationcriteria as specified in the tender. All the documentary proofs have to be submittedalong with the bid in this regard. Board reserves the right to cancel the bid/call forclarifications in this regard.

b. During evaluation. Board at its discretion can ask the bidders for clarifications.

16. Opening of Commercial BidsCommercial bids shall be opened only for the vendors whose bids are found to besubstantially responsive and complying with minimum eligibility criteria. Venue, dateand time of opening of the commercial bids shall be intimated, in due course, only to thebidders whose bids are found responsive. The total bid price for the item shall be takenas correct.

17. Delivery ScheduleThe contracted vendor shall ensure that the onsite support arrangement starts within 2weeks from the date of issue of Work Order.

18. Penalty for Default in ServicesIf the vendor fails to start the onsite support within stipulated time, SBTE will impose apenalty of 2% of the order value for each week's delay or part thereof, subject tomaximum of 20% of value of the work order. In case the delay exceeds five weeks,SBTE reserves the right to cancel the order and in such a case the earnest money deposit(EMD) received from the vendor shall be forfeited.

19. Document PreparationTender should be submitted in binded form in two parts, first part containing TechnicalBid (along with soft copy of supporting documents, tender cost & EMD) and second partcontaining Financial Bid properly sealed in separate envelope. The envelope must besealed and marked with Technical & Financial Bid. The bigger sealed envelopecontaining Technical & Financial Bid envelopes is to be sent only by speed / registeredpost.

20. Attachments of Document

Latest income tax clearance, service tax clearance certificate from the competentauthority should be attached with the Technical Bid of the tender. Tender receivedwithout these certificates will be rejected.

21. No Price Alteration

There should be no alteration / corrections / overwriting in the quotation and price shouldbe quoted in figures as well as in words.

22. Others

SBTE will have right to add / alter any term and condition as per existing financial /treasury rules and provisions applicable in the state of Bihar. Each and every page ofcompleted tender documents is to be signed with seal by authorized person of thecompany.

23. Applicable LawsThe entire dispute with regard to the contract of maintenance and etc. will be subject tolegal jurisdiction of Patna only.

24. Solution of DisputesThe dispute whatsoever arising during the execution process on the part of the Vendorshall be firstly brought to the notice of the Board and the decision of the ExaminationBoard in this regard shall be binding upon the Vendor.

25. Every Bidder Should Present during Authorized Person at the time of opening Technical& financial Bid or its representative with Authorized Letter.

Note: Board reserves the right to accept or reject any quotation in full or part, and tosuspend this process and reject all quotations or part at any time prior to the award ofcontract, without incurring thereby any liability to the affected Vendors on the groundsof the purchaser's inaction.

Annexure - III

1. Brief details about SBTE

The State Board of Technical Education (SBTE) Bihar, Patna is responsible forRegistration. Examination related work, Evaluation and Certification of Six - SemesterDiploma Courses of all the Polytechnic Institutions affiliated to the Board as well asEight Semester of Part Time Diploma Course.

2. IT SetupSBTE has I CENTOS (Linux) server. 1 Network printer, 5 Dot matrix printer and oneLine printer are attached with network. This server acts as Intranet application / Databaseserver for internal users. All the business operations of SBTE users are performed on thisserver. SBTE user's login to this server and perform their operations like creating,updating of data, generation of various type of report. Another online application is forstudents & institutions for their use. Through online application students can fill theirregistrations, examination forms, view internal marks, download admit cards, andInstitute user can fill internal marks of students.

3. Project DetailsThe EMS application of SBTE is a web-based application developed using open sourcetools and frameworks. The application runs on Tomcat 6 with MySQL as the database.The application is currently installed at the client location and is accessed for all theexamination related activities, such as student registration, hall ticket printing, marksentry for internal and external marks, result generation and printing.

The main technologies used in the application are Java, Spring Framework, Hibernate,Vaadin, Groovy, Grails, AJAX, MySQL, MySQL Stored Procedures, Spring Security,Apache Poi, iText. Hibernate annotations have been used for wiring up of the domainclasses with the database tables. The UI has been developed using Vaadin. The buildprocess of the project is based on Apache Maven. Eclipse IDE has been used for thedevelopment.

The application is hosted on a Linux server. The application supports recent versions ofall major browsers. The reports are printed on laser and line printers. The technologiesused are Java, Spring Framework, Hibernate, Vaadin, JavaScript,, MySQL.

4. Scope of WorkThe Scope of work includes but not limited to:

• Maintenance of Intranet/ Internet Application package for SBTE

• Implementation of new changes in the application software subsequent to any newexamination Rule and Regulation, methodology of examination etc. coming intoeffect.

• Development of new module for examination management.

• Development of new forms & reports of various modules as needed from time to timeby the Board.

• Tuning and code changes for optimal performance.

• Module Version Control of Intranet/Internet Application Software.

9

• Debugging & fixing of problems arising in the running applications.

• System and user documentation of Intranet/Internet Application.

• Hand holding training to the end-users and systems personnel.

• Pre & Post examination related work; Registration form / Registration slip /Examination Form Entry / Processing of Result Data and Printing of Admit CardList / Center Absentee List / TR / Mark Sheet / Certificate / Migration / Result etc.

• Maintenance of Web portal for online Registration/ Marks Entry and Supply ofmanpower for Scanning, Data acquisition and Pre & Post processing of DiplomaExamination.

• Double Scanning of OMR Sheets on both OMR Scanner & on image Scanner,Updating of error lists and validation with double scanning and submission of finaldata in required format.

• The vendor will provide scanning machine and its Auxiliary (Consumable and Non-consumable).

• The Vendor will establish Scanning Set-up in the SBTE premises on its own cost.

• Operation and Maintenance of the scanning machine and its Auxiliary will be theresponsibility of the Vendor.

• Online data acquisition through agency's own web portal.

5. Detailed Roles & Responsibilities of the Bidderi. The bidder shall maintain application software so as to ensure its effective day to

day operational usage. The job includes support maintenance to the applicationrelated modules.

ii. The successful bidder shall debug and fix the operational problems, perform errorhandling while running the application by users at sites.

iii. The successful bidder shall generate additional reports and modify existing reports& queries as per user's requirement.

iv. The successful bidder shall provide hands-on assistance to the users to resolve anyoperational doubts as and when needed while the application is in operation.

V. The successful bidder shall nominate one Project Manager / Team Leader in thelist of Man Power and its Qualification for SBTE. The responsibility of the ProjectManager is to review the ongoing and uniform operation of the application at Sitesand to permit software changes subject to written approval of competent authorityof the Board and to record all relevant MIS data related for smooth operation ofthe application at sites.

vi. The successful bidder shall provide a Manager/Developer, Senior Programmer,Asstt. Programmer, Console Operator and Computer Operator for managing

10

Vll.

Vlll.

IX.

examination and final (all Semester) result operation, data management and day today examination related job.

Any interface software routines by which data is populated from other system tothis application software, the successful bidder shall provide the supportmaintenance to the interface as long as it is compatible with the database structureof this application software.

The successful bidder shall document all the changes incorporated in theapplication software and also improve the documentation of existing user / systemreference manuals of different modules wherever necessary and possible.

The successful bidder and its manpower deployed and involved in supportmaintenance of the application system shall maintain confidentiality of data, logicor any other matters related to the Board on their part in light of Bihar Conduct ofExamination Act 1981.

X. The work of maintenance / development will be carried out on the basis of PR(problem report) to be issued by the Examination Controller of SBTE.

xi. The software engineers must have knowledge and working experience of J2EE,expertise in JAVA/ PLSQL programming. They should be well conversant withJava Developers, Vaadin Technology, Struts Framework, Report Builder anddeployment of Web application on Linux server. Database server /applicationserver and system OS level knowledge.

xii. The software engineers engaged for the maintenance support will be required tolearn the details of Intranet/Internet application for initial four weeks period.During this learning period they will be assisted by the SBTE core team membersto understand the application. The actual maintenance support for the same willstart after the learning period is over.

xiii. The service provider will provide the bio data of the software engineers engagedfor the maintenance support for screening. If any specific work could not becompleted due to poor manpower quality, at the time of review, the serviceprovider will provide a suitable substitute, if required. Any change of softwareengineer during the period of contract should be done only with the prior consentof Board for whatsoever reason provided the target for schedule of work shouldnot suffer.

xiv. The service provider will not have the right to use/ reproduce all the software inwhatsoever manner even after the end of this contract.

XV. The service provider shall be responsible to ensure that all the persons employedby them in execution of the relating to the execution of this contract shall notdescribe to any third party, without prior permission, any information furnished tothem by the Board or which may be necessary in carrying out their obligationunder this contract and shall treat all such information as confidential in line with

Bihar Examination Act 1981.

xvi. The service provider shall warrant absolute satisfactory performance of the systemcomponent developed and delivered in terms of contract during the validity periodof contract. The service provider shall extend full operational support in respect of

.'Vi

11

such system component during the warranty period and shall undertake to removeall bugs that may be noticed during this period.

xvii. At the end of the contract period, the service provider shall provide the soft copyof source code and the details of new program developed within the scope of work/ changes in the existing program, function, flow charts and operational procedure.

xviii. The Service provider will provide its own web portal for online data acquisitionfrom different Polytechnic Institutions for registration and examinations.

xix. No claim to extra payment will be considered in case the number ofcolleges/Institutes increases in future.

6. Classification of activities

• Maintenance: The Vendor should maintain intranet/internet applications includingdatabase(s). The source code of the project will remain property of SBTE

• Bug fixing: The vendor will remove the bugs that are already identified/ will beidentified during the contract period. The list of already identified bugs shall beshared at the time of start of contract.

• Enhancement / Modification: The vendor will enhance/ modify the existing code asper changes in requirements/ change in Examinations rules/ as and when requiredby the Board. Entire new Application Software shall be developed by Vendor if sorequired.

• Optimization: The vendor will review the existing code and modify so as to increasethe efficiency of the application. A detailed report of proposed changes and risksinvolved along with the implications will be handed over to the Controller ofExamination and approval will be sought before making necessary changes.

• Data validation / correction: During the tenure of the contract, as and whenrequired, the vendor would perform data validation/ correction to enable smoothoperations of the Board. The successful bidder will be responsible for dataintegrity. The successful bidder will also identify the type & nature of data errorand reports will be handed over to concerned users for correction andresubmission.

• Documentation: The vendor would prepare a detailed user document, administrationdocument for the software and also incorporate any change/changes made duringthe tenure of the contract in the documents.

• Reports & MIS: The vendor would generate reports based on user requirements fromthe data available in the database.

• Training: The vendor would train the users in the newly developed modules as andwhen required/released. The successful bidder shall provide hands-on assistance tothe users to resolve any operational doubts as and when needed while theApplication is in operation.

Vendor should maintain the application software by versioning and maintaining tracks ofall the changes made to the software. At the end of the contract period, the vendor would

12v

hand over the code along with all the versions to the Board. In addition, the vendor isexpected to appraise and advise the Board of current trends and best practices in themarket in relation to the application software and components being used by SBTE. TheBoard is in the process of development and deployment of various modules for itsoperations. Any Interface Software routines by which data is populated from otherSystem to this Application Software, the successful bidder shall provide the supportmaintenance to the Interface as long as it is compatible with the databasestructure of thisApplication Software.

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Annexure - IV

Special Terms and Conditions1. Definitions

In thisContract, the following terms shall be interpreted as indicated below:

1.1. "Board" means State Board of Technical Education(SBTE)

1.2. "The Contract Price" means the agreement entered into between the Boardrepresented by its Office and the Supplier, as recorded in the Contract Form signedby the parties, including all attachments and appendices* thereto and all documentsincorporated by reference therein;

1.3. "The Contract Price" means the price payable to the Supplier under the Contractfor the full and proper performance of itscontractual obligations;

1.4. "The Services" means those services such as installation, commissioning, provisionof technical assistance, training and other such obligations of the Supplier coveredunder the Purchase Contract;

1.5. "TCC" means the Terms and Conditions of Contract contained in this section;

1.6. "The Supplier" or"the Vendor" means the individual or firm supplying the Goodsand Services under this Contract;

1.7. "The Project Site" means Administrative Offices of the Board

2. Use of Contract Documents and InformationThe Supplier will treat as confidential all data and information about the Board, obtainedin the execution of his responsibilities in strict confidence and will not reveal suchinformation to any other party without the prior written approval of the Board.

3. Governing LanguageThe Contract shall be written in English. All correspondence and other documentspertaining to the Contract, which are exchanged by the parties, shall be written inEnglish. The language of the documentation should be English.

4. Commercial Terms

4.1. All Payments will be made to the bidder in Indian rupee through Cheque only.

4.2. The Bidder must accept the payment terms proposed by the Board. The financialbid submitted by the Bidder must be in conformity with the payment termsproposed by the Board. Any deviation from the proposed payment terms would notbe accepted. The Board shall have the right to withhold any payment due to theBidder, in case of delays or defaults on the part of the Bidder. Such withholding ofpayment shall not amount to a default on the part ofthe Board.

4.3. Once a Contract Price is arrived at, the same must remain firm and must not besubject to escalation during the performance of the contract due to fluctuation inforeign currency, change in the duty/tax structure, changes in costs related to thematerials and labour or other components or for any other reason.

4.4. The Bidder must have ISO 9001 or ISO 27001

4.5. The Bide must have turn over minimum 3 Crore or above

14

5. Applicable Laws5.1. The Contract shall be interpreted in accordance with the laws prevalent in India.

5.2. Compliance in obtaining approvals/ permissions/ licenses: The Bidder shallpromptly and timely obtain all such consents, permissions, approvals, licenses, etc.,as may be necessary or required for any of the purposes of this project or for theconduct of their own business under any applicable Law, GovernmentRegulation/Guidelines and shall keep the same valid and in force during the termof the project, and in the event of any failure or omission to do so, shall indemnify,keep indemnified, hold harmless, defend, protect and fully compensate the Boardand its officers for and against all claims or demands of liability and allconsequences that may occur or arise for any default or failure on its part toconform or comply with the above and all other statutory obligations arisingtherefrom and the Board will give notice of any such claim or demand of liabilitywithin reasonable time to the bidder.

6. Patent RightsIn the event of any claim asserted by a third party of infringement of copyright, patent,trademark, industrial design rights, etc. arising from the use of the Goods or any partthereof in India, the Supplier shall act expeditiously to extinguish such claim. If theSupplier fails to comply and the Board is required to pay compensation to a third partyresulting from such infringement, the Supplier shall be responsible for the compensationincluding all expenses, court costs and lawyer fees. Board will give notice to the Supplierof such claim, if it is made, without delay.

7. Pre bid queriesClarification sought by bidder should be in writing (Letter/E-mail/FAX etc). Noindividual clarifications will be sent to the bidders. It is responsibility of bidder to checkthe clarifications on website before final submission of bids.

8. Termination

8.1. The Board may at any time terminate the contract by giving written notice to theBidder if the Bidder becomes bankrupt or otherwise insolvent. In this event,termination will not prejudice or affect any right of action or remedy, which hasaccrued or will accrue thereafter to the Board.

8.2. The Board reserves the right to cancel the contract in the event of happening one ormore of the following Conditions:• Failure of the successful bidder to accept the contract and furnish the

Performance Guarantee within specific days of receipt of purchase contract asstated in the Purchase order;

9.

• Delay in offering services

• Delay in completing installation / implementation and acceptance tests / checksbeyond the specified periods;

• In addition to the cancellation of purchase contract, the Board reserves the rightto appropriate the damages through encashment of Bid Security / PerformanceGuarantee given by the Bidder.

Resolution of DisputesNotwithstanding anything contained above, in case of dispute, claim & legal actionarising out of the contract, the parties shall be subject to the jurisdiction of courts at

15

Patna, India only. A notice shall be effective when delivered or on the notice's effectivedate, whichever is later.

10. Service Level AgreementThe aim of this agreement is to provide a basis for close co-operation between SBTEandthe Successful Bidder, for services to be provided to SBTE thereby ensuring that timelyand efficient support services are available to SBTE and its end-users. The objectives ofthis agreement are detailed below in Section 5.2. This agreement is contingent upon eachparty knowing and fulfilling their responsibilities and generating an environmentconducive to the achievement and maintenance of targeted service levels.

11. Human Resources

Although this project is SLA based, the bidder is required to maintain a minimum levelof resources throughout the contract period. The service provider shall deploy manpowerresources as per staffing requirement prescribed in this document. Service provider shallensure the availability of resources as per defined Service Window for each resourcecategory.

12. Working Days / HoursTeam to be available on Monday to Friday (5 days in a week) and the office timing hourwill be 09:30AM to 06:00PM

13. HolidaysAs per the practice, successful bidder would follow list of holidays to SBTE. Thoseidentified days would be considered as holidays for on-site resources. In exceptionalcases, the team will have to work beyond normal working hours as well as on holidays.

14. Call Escalation Matrix:

Successful bidder is required to submit the call escalation matrix (from level1 to levelS)with name, designation, mail ID, telephone No, Mobile No.

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Annexure - V

Manpower and its Qualification

S.N. Item No. of Persons

[B1Qualification

1. Manager / Developer 2 B. Tech / MCA

2. Senior Programmer 1 B. Tech/MCA

3. Asst. Programmer 2 BCA

5. Console Operator 3 (Minimum) Computer knowledge

6. Computer Operator 3 (Minimum) Computer knowledge

Date

Place

17

Signature of Authorized Signatory ...

Name of the Authorized Signatory ...

Designation ...

Name of the Organization ...

Seal ...

t

Annexure-VI

Forwarding Letter(To be submitted on company's letter head)

To:

The Secretary,State Board of Technical Education,4th Floor, Technology Bhawan,Bailey Road, Patna,Bihar

Dear Sir,

Sub: Tender No Dated

This is in reference to your above mentioned tender for Maintenance and Management ofExisting Application Software for Data Acquisition & Examination/ Result Processing ofDiploma. Having examined the tender document, the receipt of which is hereby dulyacknowledged, we the undersigned, hereby submit our proposal along with necessarysupporting documents as mentioned under Sr. No. 7 of Annexure II.

Further, we agree to abide by all the terms and conditions as mentioned in the tenderdocument. We have also noted that SBTE reserves the right to consider/ reject any or allapplications without assigning any reason thereof.

Date: / /

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Authorized Signatory.Name:

Designation:Organization Seal

Annexure-VII

Performance Guarantee Format

(Sample Format)

TO BE EXECUTED ON A NON-JUDICIAL STAMPED PAPER OF THE APPROPRIATE

VALUE KNOW ALL MEN BY THESE PRESENTS that in consideration of State Board of

Technical Education (SBTE) established by Government of Bihar having registered office at4th Floor, Technology Bhawan, Bailey Road, Patna (hereinafter called the Board) havingagreed to accept from M/s. 'Vendor Name' having its office at 'Vendor's Office Address',(hereinafter called "the Vendor") an agreement of guarantee for Rs. (Rupees

only), for the due fulfillment by the vendor of the terms andconditions of the Purchase order No. dated made betweenthe vendor and the Board for providing services for SBTE's 'Project Details' hereinafter called"the said Agreement").

1. We, Bank (Bank Name and Details), do hereby undertake to indemnify and keepindemnified the Board to the extent of Rs. (Rupees only)against any loss or damage caused to or suffered by the Board during warranty period byreason of any breach by the Vendor of any of the terms and conditions contained in the saidAgreement of which breach the opinion of the Board shall be final and conclusive.

2. And we Bank (Bank Name and Details), do hereby guarantee and undertake to payforthwith on demand to the Board such sum not exceeding the said sum of Rs.(Rupees only) only as may be specified in such demand, in theevent of the vendor failing or neglecting to execute fully efficiently and satisfactorily theorder for implementation services for the 'Project Details' placed with it (the work tenderedfor by it) within the period stipulated in the said Agreement in accordance with the design,specification, terms and conditions contained or referred to in the said Agreement or in theevent of the Vendor refusing or neglecting to maintain satisfactory operation of theequipment or work or to make good any defect therein notified by the Board to the vendorduring the warranty period or otherwise to comply with and conform to the design,specification, terms and conditions contained or referred to the said Agreement.

3. We, Bank (Bank Name and Details), further agree that the guarantee herein contained shallremain in full force and effect during the period that would be taken for the performance ofthe said order as laid down in the said agreement including the "Warranty obligations" or tillvalidity date of this guarantee i.e. upto , whichever is earlier and subject to theterms of the "the said Agreement" it shall continue to be enforceable for the breach ofwarranty conditions within warranty period and till all the defects notified by the Board to thevendor during the warranty period have been made good to the satisfaction of Board & theBoard or its authorized representative certified that the terms and conditions of the saidagreement have been fully and properly complied with by the vendor or till validity of thisguarantee i.e. , whichever is earlier.

4. We, Bank (Bank Name and Details), may extend the validity of Bank Guarantee at therequest of the Vendor for further period or periods from time to time beyond its presentvalidity period, but at our sole discretion.

5. The liability under this guarantee is restricted to Rupees I- only and will expireon and unless a claim in writing is presented to us at Bank (Bank Name and

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Details) within 3 months from , i.e. on or before , all your rights will ^be forfeited and we shall be relieved of and discharged from all our liabilities there-under.

6. The Guarantee herein contained shall not be determined or affected by Liquidation orwinding up or insolvency or closure of the Vendor.

7. The executant has the power to issue this guarantee and executants on behalf of the Bankand hold full and valid Power of Attorney granted in their favour by the Bank authorisingthem to execute this guarantee. Notwithstanding anything contained here in above, ourliability under this guarantee is restricted to Rs. (Rupeesonly). Our guarantee shall remain in force until . Our liability hereunder isconditional upon your lodging a demand or claim with Bank (Bank Name and Details) on orbefore . Unless a demand or claim is lodged with Bank (Bank Name and Details)within the aforesaid time, your rights under the guarantee shall be forfeited and we shall notbe liable there under. This guarantee shall be governed by and construed in accordance withthe laws of India. All claims under this guarantee will be made payable at Bank (Bank Nameand Details). This Guarantee will be returned to the Bank when the purpose of the guaranteehas been fulfilled or at its expiry, whichever is earlier. We, Bank (Bank Name and Details)lastly undertake not to revoke this guarantee during its currency except with the previousconsent of the Board in writing. In witness whereof we have set and subscribedour hand and seal this day of

SIGNED, SEALED AND DELIVERED.

BY

AT

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Annexure - VIII

Performa of Indemnity

This is to certify that M/s Who have been providing servicesto SBTE, Patna, vide order no

dated have all required rights for the supply of the software. Thesoftware supplied by us is legal/ licensed copies. Further, M/s iswilling to indemnify SBTE against any claims due to violation of any patents and copyrightsfor the software sold under licensing agreement from us. The above indemnity is limited tothe software supplied by M/s only. For M/s

Signature with seal, name, designation and date

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Annexure -IX

Power of Attorney(To be executed on non-judicial stamp paper)

BY THIS POWER OF ATTORNEY executed on , We .aCompany incorporated under the Companies Act, 1956, having its Registered Office at (hereinafter referred toas "the Company") do hereby nominate, constitute and appoint <Name>, <Employee iio.>, < Designation> ofthe Company, as its duly constituted Attorney, in the name and on behalf of the Companyto do and execute anyor all of the following acts, deeds, matters and things, namely:-_ Execute and submit on behalf of the Company a Proposal and other papers / documents with 'State Board ofTechnical Education ("SBTE") relating to 'Request for proposal <Tender No.> dated <Tender Date> forMaintenance, Support and Enhancement of Application Software and to attend meetings and hold discussionson behalf of the Company with SBTE in this regard. THE COMPANY DO hereby agree to ratify and confirmall whatsoever the attorney shall lawfully do or cause to be done under or by virtue of these presents includinganythingdone after revocation hereof but prior to actual or express notice thereof being received by the personor persons for the time being dealing with the attorney hereunder. IN WITNESS WHEREOF,

has caused these presents to be executed by on theday, month and year mentioned hereinabove. For and on behalf of the Board of Directors of WITNESS:Signature of Attested

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Annexure - X

EMD / PERFORMANCE SECURITY FORM

(Sample Format - TO BE EXECUTED ON A NON-JUDICIAL STAMPED PAPER)

To: STATE BOARD OF TECHNICAL EDUCATION, BIHAR, PATNA

WHEREAS (Name of Vendor) (Hereinafter called'the Vendor") has undertaken, in pursuance of TENDER No Dated

20.... to supply (Description of Products andServices) (Herein after called the 'the TENDER") to you. AND WHEREAS, it has been stipulated byyou in the said TENDER that the Vendor shall furnish you with a Bank Guarantee from a commercialBank for the sum specified therein, as security for compliance with the Vendor's performanceobligations in accordance with the TENDER. AND WHEREAS we Bank having itsregistered office at and inter alia a branch office situates at have agreed to give aperformance guarantee in lieu of EMD of Rs. (Rs. only) on behalf of theVendor.

We Bank further undertake not to revoke and make ineffective the guarantee duringits currency except with the previous consent of the buyer in writing. We Bank do herebyunconditionally and irrevocably undertake to pay to SBTE without any demur or protest, merely ondemand from SBTE, an amount not exceeding Rs. (~ only) by reason of any breach ofthe terms of the TENDER dated —- by vendor. We hereby agree that the decision of the SBTEregarding breach of the terms of the Tender shall be final, conclusive and binding WE do herebyguarantee and undertake to pay forthwith on demand to SBTE a sum not exceeding ' /-.(Rupees only) (amount of the Guarantee in words and figures) and weundertake to pay you upon your first written demand declaring the Vendor to be in default under theTender and without cavil or argument, any sum or sums within the limit of /-. (Rupees

only) (Amount of guarantee) as aforesaid, without any need (on yourpart) to prove or to show grounds or reasons for your demand or the sum specified therein.Our obligation to make payment under this Guarantee shall be a primary, independent and absoluteobligation and we shall not be entitled to delay or withhold payment for any reason. Our obligationshereunder shall not be affected by any act, omission, matter or thing which but for this provisionmight operate to release or otherwise exonerate us from our obligations hereunder in whole or in part,including and whether or not known to us or you:

(i) any time or waiver granted to the vendor;

(ii) the taking, variation, compromise, renewal or release of or refusal or neglect to perfect or enforceany rights, remedies or securities against the vendor:

(iii) any variation of or amendment to the Tender or any other document or security so that referencesto the Contract in this Guarantee shall include each such variation and amendment;

(iv) any unenforceability, invalidity or frustration of any obligation of the VENDOR or any otherperson under the Tender or any other document or security waiver by you of any of the termsprovisions conditions obligations UNDER Tender or any failure to make demand upon or take actionagainst the VENDOR;

(v) any other fact, circumstance, provision of statute or rule of law which might, were our liability tobe secondary rather than primary, entitle us to be released in whole or in part from our undertaking:and;

(vi) any change in constitution of the vendor;

(vii) any petition for the winding up of the VENDOR has been admitted and a liquidator orprovisional liquidator has been appointed or an order of bankruptcy or an order for the winding up ordissolution of the vendor has been made by a Court of competent jurisdiction;

The written demand referred to in paragraph above shall be deemed to be sufficiently served on us ifyou deliver to us at the address asset out in paragraph 3. This guarantee is valid until the day

23

of and a claim in writing is required to be presented to us within three months from i.e. onor before —all your rights will be forfeited and we shall be relieved of and discharged from all ourliabilities mentioned hereinabove.

Signature and Sea! of Guarantors (Vendor's Bank)

DateAddress

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y"

Annexure - XI

Requirement for Minimum Eligibility Criteria ofTechnical Bid

S.No. Criteria Proof to be Submitted

1 DD for Tender Cost in favor of SBTE, Bihar DD to be attached

2 DD for EMD in favor of SBTE, Bihar DD to be attached

3 Envelope for Commercial Bid To be attached

4 The Bidder should be a registered company incorporated inIndia, registered underCompany act 1956.

Proof of Certificate to be attached

5 The Bidder must have ISO 9001 or ISO 27001 Proof of Certificate to be attached

6 The Bide must have turn over 3 Crore or above Proof of Certificate to be attached

7 The bidder must have minimumthree years of experience withsimilar project for Government Educational Institutions/Board/Universities/IIT/NIT etc not below the level of Diploma.

Proof of Certificate to be attached

8 GST Registration Certificate Proof of Certificate to be attached

9 The bidder must have valid PAN number. Photo Copy of PAN Card to be attached

10 The bidder must have Income Tax Return Certificate (last threeFinancial years)

Proof of Certificate to be attached

11 Audit Balance Sheet for last three years Proof of Certificate to be attached

12 Authorization of never have been blacklisted Affidavit to be attached

13 Forwarding Letter (Annexure -VI) To be attached

14 Each and every page of completed tender documents is to besignedwithseal by authorized person of the company.

Tender Document

Note:- Proposals ofbidders who do not fulfill the above criteria or who fail tosubmit anydocumentary evidence (as per the formats mentioned) thereon would be rejected.

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