rfp for examination center management system

8/3/2019 RFP for Examination Center Management System

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Request for Proposal

For

Development, Testing , Training, Implementation,Maintenance and Post-implementation Support

of

Application Softwarefor

Examination Center Management Software

[NIT No. F1.9(33)/RajComp/Misc/11/767 Dated : 27.09.2011 ]

(Last Date & Time for depositing Tender form : 17-10-2011 till 3:00 PM)

(Bid to be opened on 17-10-2011 at 3:30 PM in office of RISL)

Pre- Bid meeting was held on 05-10-2011 at 11: 0 0 AM(RFP Document after pre-bid)

Name of the Company/Firm:

Address for the Correspondence:

Telephone No.: Fax No.:

Price: Rs. 500/- Only

RajComp Info Services Ltd.

B-Block, 1st Floor, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur 302005

Tel: 141-2226055, 5103902, Fax:141-2228701

Email: [email protected] ; Website :www.risl.rajasthan.gov.in
mailto:[email protected]://www.risl.rajasthan.gov.in/http://www.risl.rajasthan.gov.in/mailto:[email protected]://www.risl.rajasthan.gov.in/


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RajCOMP Info Services Ltd. (RISL)

NIT No. F1.9(33)/RISL/Misc/11/767____ Jaipur, Dated: 27.09.2011

TABLE OF CONTENTS

S.No. Chapter Page

1. Definitions & Acronyms 3

2. Invitation of Bids 4

3. Eligibility Criteria 7

4. Scope of Work 10

5. Deliverables 19

6. Time schedule 21

7. Earnest Money Deposit (EMD) 24

8. Bidding Process 26

9. Disqualification 29

10. Performance Security & Liquidity Damages 31

11. Terms of Payment 35

12. General Terms & Conditions 37

13. Software Terms and Conditions 46

14. Tender Form 53

15. Attachment of Documents in the Bid - Checklist 55

16. Letter of Undertaking 56

17. Technical Specifications 58

18. Financial Bids 64


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Chapter 1

Definitions & Acronyms

Bidder The eligible firms who will participate in tendering process

Tendering Authority RajComp Info Services Ltd.

RISL RajComp Info Services Ltd.

GoR Government of Rajasthan

Project Refers to Examination Management Software

Purchaser RajCOMP Info Services Ltd.

SDC State Data Center alias NOC

SLA Service Level Agreement

FMS Facility Management Services

RFP Document after Pre-bid ~ 3 ~


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INVITATION FOR BIDS



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250/- extra in case of Courier) in the form of Demand Draft or Bankers Cheque in

favor of Managing Director, RISL, Jaipur, payable at Jaipur.

The Managing Director,

RajComp Info Services Ltd.,

Yojana Bhawan, 2nd

FloorTilak Marg, C-Scheme,

Jaipur

Phone No. 0141 - 2226055

6. All bids (Technical & Commercial) must be submitted at the same time giving full

particulars in separate sealed envelopes at the address given above before date and

time specified in the table given below. These envelops should be marked properly asTechnical Bid and Commercial Bid.

7. The RFP Details are as follows:

S.No. Particulars Detail1. Price of Bid Rs.500/-

2. Courier Charges (in case of postage) Rs.250/-

4. Date of commencement of sale of RFP 30-09-2011

5. Date and time for Pre-Bid meeting 05-10-2011

6. Date of uploading final RFP after pre-bid

meeting

07-10-2011

7. Last date and time for sale of RFP 17-10-2011 3:00 PM

8. Date of submission of RFP 17-10-2011 3:00 PM

9. Place of Submission Office of RISL

Yojana Bhawan, Tilak

Marg, C-Scheme, Jaipur10. Date of opening of Technical bid 17-10-2011 3:30 PM

8. Technical Bids will be opened in the presence of the bidders representatives whochoose to attend on the specified date and time. Technically qualified bids will be

taken up for further processing and suitable date & time will be advised to the bidders

for testing/proof of concept to ensure that it provides the functionality required byRISL. After evaluation of the solution/service the Commercial Bids of qualified

bidders will be opened in the presence of the technically qualified bidders

representatives who choose to attend on the date and time notified separately to the

technically qualified bidders.

9. RISL reserves the right to (i) make necessary changes in the terms of the Project, and

(ii) reject any or all Bids without assigning any reason thereof.

10. The Bid will be valid up to 90 days from the date of submission of bid.

11. RISL reserves the right to accept or reject in part or full any or all the offers without

assigning any reasons whatsoever.



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Managing Director

1

23

ELIGIBILITY CRITERIA



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Chapter 3

4 ELIGIBILITY CRITERIA FOR THE BIDDER

Only those Bidders who fulfill the following criteria are eligible to respond to theRFP. Offers received from the bidders who do not fulfill all or any of the following

eligibility criteria are liable to be rejected.

1. The bidder should be a registered company/ Partnership Firm in India Registered

under Company Act 1956/Partnership Act 1932. The Certificate of Incorporation,Certificate of Commencement of Business issued by the Registrar of Companies,

The Memorandum and Articles of Association/a copy of Deed of Partnership (if

partnership firm) are to be provided.

2. The Bidder must be an original IT Services provider involved in development,

analysis, testing and implementation of software solutions at least for a periodof three years as on 31-03-2011. It should have core competency in developingapplication softwares using SDLC.

3. The Bidder should have an average annual turnover of minimum Rs. 50.00lakh (Rs. Fifty Lakh) during last three years in software development and

maintenance. Audited copies of Balance Sheet and Profit & Loss Account of FY

2008-2009, 2009-2010 and 2010-2011 must be enclosed with the Technical Bid.A certificate from CA certifying turnover for the financial years is to be

enclosed.

4. Bidder should have reported net profit for last 3 financial years (2008-09, 2009-10, 2010-11).

5. The Bidder should have at least any of the following certificates:

SEI-CMM Level 3 or

ISO 9000

Attested copies of the Certificate should be enclosed with the bid.

6. The Bidder should have undertaken and successfully completed in India at

least one web enabled software development and implementation project withvalue of Rs. 5 lacs or two projects of Rs. 2.50 lacs each in public/private sector

in the financial years 2008-09, 2009-10 and 2010-11. The projects shouldhave involved software development and related activities for transactional

processing. The Bidder must attach relevant work order/work completioncertificates along with the Technical Bid.

7. The bidder should have a support office in any city of Rajasthan. Lease deed/titledocument of office premises towards proof and possession from 01-01-2011should be enclosed with the bid document.



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8. Bidder should have not been black listed at any time by the Central and/or any ofthe State Governments in India. An undertaking to this effect must be submitted

in their letter head.

9. Bidders who have an unsatisfactory record in completion of any of earlier

contracts with RajComp/RISL shall not be eligible for participating in this tender.

Bidder must comply with all above-mentioned criteria. Non-compliance of any of thecriteria will entail rejection of the offer summarily. It is mandatory to provide the

technical details in the exact format of technical specifications given in the RFP. Correct

technical information of the solution being offered must be filled in.

Photocopies of relevant documents / certificates should be submitted as proof in

support of the claims made. RISL reserves the right to verify /evaluate the claims made

by the bidder independently. Any decision of RISL in this regard shall be final,conclusive and binding upon the bidder.



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SCOPE OF WORK



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Chapter 4

SCOPE OF WORK

1

4.1 RajComp Info Services Ltd. (RISL), on behalf of Panchayti Raj Department,

Government of Rajasthan, intends to invite proposal for Development,Implementation, Testing, Training, Maintenance and Post-Implementation Support

for application software for Examination Center Management System for

monitoring the process of Exams being conducted by Panchayati Raj Department.

4.2 The objective of the examination center management software development project

is to facilitate the department (Panchayati Raj Department) to efficiently manage

various activities related to organizing an exam. Major activities undertaken by thedepartment for the same is selection of examination center, deputing centre

supervisor and invigilator, feeding of data related to the preparation made by

invigilator/ supervisor, submission of After-Exam-Report, Grievance redressal,generation of MIS reports etc. The workflow of the whole examination process

shall also be made part of the software like issue of appointment letter of center

supervisor and invigilator, payment procedure for staff deputed for conductingexams etc.

This would not only save cost and time of the department, but would also lead toincrease in efficiency of the functioning of the department. It would add efficiency

in the process of preparation required for organizing the exam.

4.3 The broad scope of application software and services would include:

To develop a web enabled software for storing detail related with

examination center management system. The website should be divided

into two parts viz. for viewing by general public (without login) and

closed user group area(with username and password for restricted entry).

The open viewing area would contain detail regarding examination center,

examination schedule, centerwise list of eligible candidates, PDF version

of admit card, answer to query about examination center by applicants etc.

The software should be menu driven and should enable role based access

rights to each stakeholder.



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To provide an interface for enabling data entry of masters like Districts,

Collectors, CEO Zila Parishads on the website. The detail would include

name, contact numbers etc.

To provide an interface for data entry of detail of each examination centeron the website. The detail would include name of center, address of center,

contact numbers etc.

To provider an interface for data entry of detail of each center supervisor,

vigilance officers and invigilators deputed at each examination center. The

detail would comprise of name, contact details, etc.

To issue appointment letter to centre supervisor, invigilator and other staff

using the software.The appointment letter should be generated in MS word

format.

To provide facility to send SMS and e-Mail to the stakeholders like all

Collectors, Center Supervisors, CEO Zila Parishads etc. about the

activities.

To enable Centre supervisor to feed Beginning Report of Exam in

specified format to be provided by the department and the system should

be able to generate summary report based on the parameter of the

beginning report for all centers

To enable Center Supervisor to feed report on completion of the exam of

his center. This would also contain details of total number of candidates

who appeared in the exam and number of candidates who were absent etc.

The end of exam report should be fed in specified format to be provided

by the department and the system should be able to generate summary

report based on the parameter of the end of exam report for all centers.

To enable center supervisor to feed any grievance of his center. The

concerned stakeholder should be able to view the grievance and provide

response to the concerned on the application software. The common

solution given by senior officials should be visible to all supervisors, if so

required by top functionaries.

To enable drill down comprehensive MIS interface to all its stakeholders

related with examination center management e.g. statewise, districtwise,

citywise, centerwise etc.



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Each stakeholder should be able to view reports related with his area of

operation viz. Collector to be able to manage examination centers for his

district only, Center supervisor to be able to view details about his center

etc.

To enable the supervisors and invigilators at the examination center to

generate their attendance bills for payments.

To provide training, documentation and online help to the stakeholders

To submit two copies of data on CD/DVD ROM to the concerned

department for internal record

4.4 The system shall be implemented on centralized server and single database enablinggeneration of consolidated MIS, and information / reports for decision making bydepartmental officials.

4.5 RISL has planned to implement the application software with the help of SoftwareService Provider. The service provider will ensure development, implementation,

training and support of the application software as per requirement of the

department and RISL shall enjoy the benefit of updated and best softwaretechnology platform.

4.6 RISL has envisaged following two types of the services which are required to

achieve the objectives:

(1) Stage I : Development, Testing, Maintenance and Implementation of

Application Software: The automation of the various activities involved inmanagement of an examination by the Panchayati Raj Department, GoR is

expected to be carried out with the help of secured Web Based Application so

that the system will be online giving instantaneous, accurate and transparentinformation to all the stakeholders of the system viz. Principal

Secretary/Secretary, Panchayati Raj department, Collectors, Center

Supervisors, CEO Zila Parishads etc..

(2) Stage II : Facility Management Services (FMS) / Post-ImplementationSuport : Although the software service provider will provide smooth access to

the application software, number of other operations such as on-going, on-the-job training to users, hand-holding support, report generation / printing etc. is

required to be carried-out at the office of RISL/concerned department, as per

need. Therefore, it is desired that minimum one resource personal shall bemade available by the bidder at the office of RISL under the arrangement of

FMS during the period of use of the software. The resource personnel should



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have requisite qualification, IT experience and expertise on the application

software.

Thus, it is expected that the bidder shall submit its proposal (Technical and

Financial) in consideration with the aforesaid two types of services under acomprehensive arrangement of service for application software. The detailed

scope of the respective service shall be as under:

4.7 Stage I : Development, Testing, Maintenance and Implementation of

Application Software:

4.7.1 RISL is creating this facility on behalf of the Panchayati Raj Department. Thebidder shall study the requirement from the officials of the department. Based on

the study the bidder shall develop/customise the application software that is in

line with the requirements of the department, but not limited to, in the scope

mentioned in this tender document.

4.7.2 The salient features of the proposed application software for examination center

management system shall be:

(1) Development of web enabled Application Software : The successful

bidder would be required to study the requirement of the Panchayati RajDepartment and develop the web enabled application software as per their

requirement. The application software should be approved by the user

department/RISL before go live. The software should be developed usingthe best industry practices.

(2) Browser Independent: The application software should be web enabled sothat the same can be accessed by from anywhere, anytime. It is imperative

that the user interface of the application software should be browser based

so that the users can access the software using internet (HTTP protocol).

The software should be compatible with all popularly used browsers.

(3) Software Platform : The centralised web based application software should

be developed using proven technology. The application has to be maintainedby the successful bidder for the entire contract period. The application

software may be developed using ASP.NET, J2EE or PHP etc.

(4) Identification of Pre-exam, post-exam, grievance data: The software

should prompt the user for duplicate entry wherever required. User should

be able to update the uploaded reports up to a given time after the exams but

duplicate data of the same purpose should be eliminated.

(5) E-Mail and SMS: The system should have facility to sent e-mail and SMS

to the concerned stakeholders like on duty chart of supervisor and invigilator



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for exams etc. The facility of email gateway and SMS gateway shall be

provided by RISL. The charges for the same shall also be paid by RISL.

(6) Admin Area: The application software shall have appropriate admin

features / options for departmental users, RISL users and software serviceprovider users to manage User IDs, change passwords, configuration email /

SMS parameters and sending the same, Server / Database Parameters etc..

The software should maintain log of activities performed on data.

(7) Audit Trail : The application software should provide for proper audit trail

for any change made in the data. The software should be capable to store IP

addresses, user code, date and time stamp and other identities of thestakeholder entering/editing data. The system should maintain proper logs of

any changes made in the data and date and time of each user login into the

system.

(8) Validation Checks : The application software should incorporate proper

validation checks so that garbage data is not stored in the database. The

validation checks should be able to minimize data entry mistakes.

(9) Security : The application should be designed and developed by

incorporating security features as per the best industry practices. Whereverrequired the data should be encrypted. The bidder shall, to the extent

relevant and possible, be guided by the standard information systems

security policies and guidelines or suitable Industry standards. Appropriateaccess and authorization controls should be incorporated into the software.

The bidder should also provide configurable User and Role-based securityfor the Menu Options of the application.

(10) Transaction Accuracy & Consistency: The application software should

ensure accuracy and consistency of data in database and reports. The

transaction accuracy would be measured from the number of reported errorsvis--vis number of transactions. The transaction data should meet ACID

property. The software should maintain 100% data accuracy and

consistency.

(11) User Interface : The application software should have a user friendly

interface. The labels on the form should be bilingual i.e. in Hindi as well asin English(Unicode based). Though the data entry is most cases would be in

English only but the software should support data entry in hindi as well.

(12) Online Help : The software should provide Online Help facility for the end-users to operate the software with ease and speed.



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(13) Adherence to Guidelines : The application software development work

should comply with the guidelines issued by DoIT&C, Govt. of Rajasthanfor development of websites and available at http://doitc.rajasthan.gov.in

and Guidelines for Indian Government Websites (GIGW) issued by

Department of Information Technology (DIT), Government of India (GoI)and available at http://doitc.rajasthan.gov.in and

http://web.guidelines.gov.in.

4.7.3 The successful bidder shall ensure that the performance of the application(response time) is consistent and the application is always up and running (24 x

7). The bidder shall provide 24 x 7 technical support for the application software.

The bidder shall fix all bugs/changes as desired by the user department/RISLduring entire contract period. The bidder shall make all changes as may be

necessary in the application software without any additional cost, to enhance the

functionalities of the software on account of changes in procedures/

policies/guidelines, change in application rules etc as per requirement of RISL /Panchayati Raj department.

4.7.4 Thus the system should be appropriately designed to:(a) Use of flexible reporting tool for ad-hoc report generation

(b) Have a module to archive and maintain the history data (moving current data

to history)

4.7.5 Deployment Requirement:

4.7.5.1 The successful bidder would deploy the web enabled application software on

the infrastructure provided by RISL consisting required Hardware, system

software, networking equipments, network bandwidth etc. in State Data Center.

4.7.5.2 The bidder should note that RISL desires to operate the application software onIntel platform (preferably with Linux as Operating System).

4.7.5.3 It is necessary that the Vendor should submit details about the ideal minimum

deployment requirements for the proposed application software which will besufficient for the smooth functioning of the system without compromising the

performance. These deployment requirements should consist of all minimum

required hardware, software, and networking items / components which RISLneeds to arrange for the successful installation and smooth functioning of the

proposed systems. The deployment requirements should be submitted alongwith Technical Proposal in the format given in the tender.

4.7.6 Backup:

4.7.6.1 The bidder should incorporate necessary features in the proposed system to take

back-up of database in regular intervals such as daily, weekly, monthly etc.

http://www.doitc.rajasthan.gov.in/http://www.doitc.rajasthan.gov.in/http://www.doitc.rajasthan.gov.in/http://web.guidelines.gov.in/http://www.doitc.rajasthan.gov.in/http://www.doitc.rajasthan.gov.in/http://web.guidelines.gov.in/


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4.7.7 Documentation: The Vendor will provide a visual tutorial/ an inbuilt Online

Help facility (well documented) 24X7 in order to make the software userfriendly. Further one hard copy of user manual, design manual and technical

manual shall be provided by the successful bidder to RISL.

4.7.8 Testing:

(1) The bidder shall thoroughly test the software for load, quality and

performance along with proper functioning at its site before deployment of

the software on production environment. The bidder shall be required tosubmit safe to host certificate from the authorized agency before deploying

the software in production environment in State Data Center. The online

application software developed and tested shall be hosted at State Data

Center and maintained by the bidder. The bidder shall be required to provideperformance tuning parameters/configuration of the server/OS/application

server software on which the application would be installed to the team of

state data center for efficient working of the application software.(2) In addition to above, RISL may hire services of third party to certify the

software for load, quality and performance at its own cost to ensure properfunctioning of the software. The suggestions given by the third party, if any

would be mandatory for the bidder to implement and to incorporate and to

execute the same from time to time.

(3) Final approval/User Acceptance of the software and system shall be given

by RISL/user department after the successful implementation and testing.

4.7.9 Database Management :

4.7.9.1 The database for the application software form shall be maintained in Oracle 11g /PostgresQL / MS SQL in the State Data Center. The application software

developed by the successful bidder should be capable to store data in theOracle/PostgresQL/MS SQL database. The successful bidder shall undertake

management of changes to database schema, user roles etc.

4.7.9.2 Though the performance monitoring and tuning of the database shall be

undertaken by the team already deployed in State Data Center, but thesuccessful bidder may based on his experience suggest for performance tuning

of the database for enhancing the performance of the online application

software.

4.7.9.3 The successful bidder shall take regular backups for all databases in accordancewith the backup and archive policies and conduct recovery whenever required

with appropriate permissions.

4.7.9.4 After rectifying the mistakes, if any, and after all the processing of the exam is

over, the complete data related with online application forms shall be handed



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over to the user department in the database structure as required by the user

department like latest version of MS Excel, MS Access, x-base & MS SQL etc.

4.7.9.5 If any problem in understanding the requirement of processing arises, the matter

will be discussed with the concerned Officers before proceeding further.

4.8 Stage - II : Facility Management Services (FMS)

4.8.1 The successful bidder shall provide number of facilities such as on-going on-the-job training to users, hand-holding support etc. Therefore, for effective utilization

of the application software, it is desired that at least one resource personnel with

adequate knowledge and speaking capabilities of Hindi shall be made available bythe bidder at the office of RISL/ Panchayati Raj. The resource personnel should

have requisite competent qualification (Engineering/ diploma/B.Sc.IT/ Computer

Science graduate), IT experience of minimum 2 years and expertise on the

application software. He will be responsible to provide necessary supportpertaining to the application software on on-going basis for:

Part I :

(1) Help Desk Support : The successful bidder shall have to create help desksupport for applicants. Atleast two telephone numbers should be provided on

the website for telephonic support during business hours. After business hours

proper message should be given to candidates to contact during business hoursi.e. from 8:00 AM to 8:00 PM.

(2) Hand-holding Support : Hand holding support should be provided to officers

of Panchayati Raj department, if so required by them on usage of the software.Support for creation of departmental users is specifically required. If proper

training is provided by the bidder then requirement of hand-holding supportwould be reduced.(3) Troubleshooting/Bugs removal : The successful bidder is required to provide

troubleshooting support if any bugs are encountered during implementation of

the software. The bugs would be required to be removed within 24 hours.

Part II :

(1) Training to users : The successful bidder would be required to provide

training to officers of the user department/RISL/district level officers. The

attendance sheet of the persons trained by the bidder shall be attached alongwith the bill raised by the bidder for payment. Training shall be organized for

personnel from Collector office of various districts, supervisors, invigilators

etc., if so required by the department. Training is to be organized (includingfaculty, infrastructure etc.) by successful bidder at Jaipur as per requirement.

4.9 PROBLEM ESCALATION

4.9.1 The bidder should submit detailed escalation mechanism. The escalation should

cover each level of the organization up to the level of the CEO of theorganization.



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DELIVERABLES

Chapter 5

DELIVERABLES

Sr.

No.

Particulars

Stage I :

Detail Project Plan

Safe to Host Certificate for the website/web based application software

Test reports

Deployment of application software at State Data Center

Complete Source Code of Examination Center Management ApplicationSoftware in two CD ROMs/DVDs

User Acceptance Test Report

User Manual, Database Design Manual and Technical Manual

Performance tuning parameters for fine tuning application on server, if

required

Any other third party software required for smooth functioning of the

application software



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Sr.

No.

Particulars

Stage II :

Customization/ enhancement of Application Software as per requirement ofuser department

User Acceptance Test Report

Safe to Host certification (On advice of SDC if major change in application

software)

Training to users, feedback forms, analysis and corrective action plan

Generation of MIS reports

Setting up of Help desk/Hand-holding support

Troubleshooting of

bugs in the application software

performance tuning of system software

17. Backup of source code of application software as and when changes areincorporated.

18. Backup of data after end date of submission/ entering of data in the software.



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TIME SCHEDULE



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Chapter 6

TIME SCHEDULE

6.1 The examination center management system software for Panchayati Raj Departmentshall involve two stages. First stage would involve understanding the requirement

of the client department and preparation of report with regard to the same. After

approval of the requirement specification report by the client department, the bidder

would be required to develop/customize the application software for examinationcenter management as per the approval given by the client/RISL. The entire first

stage including customization and deployment of application shall be required to

be completed within a period of 35 days by the bidder.

6.2 In the second stage the successful bidder would be required to provide day to day

support in the form of helpdesk, training etc. on the application software and submit

MIS report required by RISL/user department.

6.2.1 Stage I

Sno. Activity Time Schedule

a) Understanding of the User Requirement

and preparation of Requirement

Specification Report

Within7 days from the date of signingof agreement.

b) Approval on Report Within 5 days from the date of

submission of report.

c) Delivery and deployment of solution and

UAT

Within 30 days from the date of

approval on report

d) Maximum Available Time period 42 days from date of signing ofagreement

6.2.2 Stage II

The facility management services /post-implementation support is to be provided to theuser department/RISL only for the period the activity related with organizing exams etc.

are in process. After completion of the entire process, the support is not required. Usually

this support would be required for a period of 30 days. The period may change as perrequirement of user department. The bidder would be required to provide Stage II

servcies till successful completion of the examination.

Sno. Activity Time Schedulea) Day to day management of application

software for Examination Center

Management

For the entire period till the examination

process is not completed.

b) Upgradation / customization/maintenance of application software

as per requirement of user department

As and when required.

c) Help Desk Support Proper telephonic support shall be provided



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to the stakeholders of the software.

d) Troubleshooting/Bugs removal Bugs in the application software to beremoved within 24 hours

e) Training Half day training to the officials of thedepartment.

Forenoon Batch - 9:30 AM to 1:30 PM and

Afternoon Batch - 2:00 PM to 6:00 PM

f) Hand holding Support Hand holding support is for officers of userdepartment/organization at State Head Qtr.



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EARNEST MONEY

DEPOSIT



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Chapter 7

EARNEST MONEY DEPOSIT

7.1 The bidder shall furnish, as part of the Technical Bid, an Earnest Money

amounting to Rs. 8,000/- (Rupees Eight thousand only)

7.2 Cottage and SSI units registered with Director of Industries, Rajasthan are

required to submit Earnest Money @0.5% of the estimated tender value.

7.3 The EMD shall be in Indian Rupees and shall be a Bankers Cheque or DemandDraft payable to Managing Director, RISL, Jaipur. The instrument should be

issued by a Bank having at least one branch at Jaipur. Such negotiable instrument

should be valid for a period of three months (90 days) from the last date of bidsubmission.

7.4 Earnest Money of unsuccessful bidders shall be returned within 60 days after theexpiration of the period of bid validity prescribed in the bid document.

7.5 Earnest Money of the successful bidder will be released once the bidder signs the

agreement and furnishes the performance guarantee.

7.6 The EMD may be adjusted in the Performance Security by depositing the

difference amount of Performance Security or alternatively EMD could be refunded

back by taking fresh Performance Security.

Forfeiture of earnest money

7.7 The Earnest Money will be forfeited on account of one or more of the following

reasons:

a) The Bidder withdraws his bid during the period of bid validityspecified by them on the bid letter form.

b) Bidder does not respond to requests for clarification of their bid.

c) Bidder fails to co-operate during the bid evaluation process, and

d) In case of a successful Bidder, the said Bidder fails:

to sign the Agreement in time(Service level Agreement and Non-Disclosure agreement); or

to furnish Performance Guarantee in time



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BIDDING PROCESS



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Chapter 8

BIDDING PROCESS

8.1 Bid Submission

8.1.1. The bid shall be typed or written in inedible ink and shall be signed by the bidderor a person duly authorized to bind the bidder to the Contract/ Agreement. All

pages of the bid, except for un-amended printed literature, shall be initialed by the

person or persons signing the bid.

8.1.2. The last date for submission of bid is 17-10-2011 up to 15:00 hrs.

8.2 Validity of Bids

8.2.2 Bids shall remain valid for 90 days after the date of Bid opening. A Bid valid for

a shorter period shall be rejected as non-responsive.

8.3 Procedure for submission of Bids

8.3.2 The bidding comprises of two bid system. The first part will consist of the

Technical Bid from Chapter 1 to Chapter 17 and the second part will consist ofFinancial Bid - Chapter 18 only.

8.3.3 The technical bid should be placed in one envelop and should be marked as

"Technical Bid for Examination Center Management System Project and the

financial bid in another envelop marked as "Financial Bid for for ExaminationCenter Management System Project. Both these envelops should be sealed

separately and should further be kept in a third envelop marked as " Bid for forExamination Center Management System Project and sealed properly.

8.3.4 Prices must not be indicated in the Technical Bid and must be quoted in the

Financial Bid only.

8.3.5 Financial Bid should only indicate prices without any condition or qualification

whatsoever and should include all taxes, service tax, duties, fees, levies, and other

charges levied by Central & State Government/ government bodies, as may beapplicable in relation to activities proposed to be carried out. If there would be

any increase in the taxes, levies, duties, fee and other charges during tenure of thecontract, the financial burden of the same shall be borne by the bidder.

8.3.6 Bidders should express the price of their services in Indian currency only.

8.8.7 The Financial bid of only the technically short listed bidders would be opened.The dates for the same would be intimated separately.

8.4 Date & Time of opening of Technical bids



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8.4.2 The Technical bids will be opened on 17-10-2011 at 15:30 Hrs in the Board room,

Ist Floor, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur.

8.4.3 The bids received late and declared late by the Tender Evaluation Committee afterthe last date and time for receipt of bids prescribed in the tender document shall

be rejected and/or returned unopened to the Bidder.

8.5 Pre-bid meeting

8.5.2 The bidder or its official representative is invited to attend a pre-bid meetingwhich will take place at Board room, Ist Floor, Yojana Bhawan, Tilak Marg, C-

Scheme, Jaipur on 05-10-2011 at 11.00 Hrs.

8.5.3 The purpose of the meeting will be to clarify issues and to answer questions on

any matter that may be raised at that stage.

8.5.4 The bidder is requested to submit any question in writing or by cable, to reachthe Purchaser not later than two days before the meeting, i.e., 03-10-2011.

8.5.5 Any modifications in the bidding documents which may become necessary as aresult of the pre-bid meeting shall be made by the Purchaser exclusively on the

web site http://risl.rajasthan.gov.in latest by 07-10-2011. The TenderingAuthority shall be free to amend the document as per requirements. The notice

of change, if any, will be made available on the website as well as

communicated through e-mail to all bidders whose e-mail addresses would beavailable with RISL.

8.6 Cost of Preparation of Bids

8.6.2 The Bidder shall be solely responsible for the cost of preparing and submitting the

Bid and all other related costs.



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Disqualification



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Chapter 9

Disqualification

9.1 The Tendering Authority, may in its sole discretion and at any time during the

processing of Tender, disqualify any bidder from the Tendering process if the

bidder has:

Submitted the Tender after the prescribed date and time of submission of

bids.

Made misleading or false representations in the forms, statements and

attachments submitted in proof of the eligibility requirements.

If found to have a record of poor performance such as abandoning works,not properly completing the contract, inordinately delaying completion,

being involved in litigation or financial failures, etc. Failed to provide clarifications related thereto, when sought.

Submitted more than one bid. This will cause disqualification of all bids

submitted by such applicants except the last bid received.

Not quoted products in accordance with the terms and conditions of this

tender.

If the bidder fails to provide any documentary evidence of meeting

eligibility criteria as asked in RFP.

9.2 Applicants who are found to canvass, influence or attempt to influence in any

manner the qualification or selection process, shall be disqualified from the

process at any stage.

9.3 A Bid not valid for at least 90 days shall be considered as non-responsive and

would be disqualified.



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Performance Security &Liquidated Damages



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Chapter 10

Performance Security & Liquidated Damages

10.1 The successful bidder shall carry out the services in conformity with generallyaccepted professional and technically accepted norms relevant to such

assignments.

10.2 In the event of any deficiency in services, the bidder shall promptly take necessary

action to resolve it, at no additional fees to the Purchaser.

10.3 The successful bidder will have to execute an agreement on a Non-Judicial Stamp

of appropriate value within a period of 5 days of receipt of order and deposit

security as per clause 10.4 prior to signing of agreement.

10.4 The successful bidder shall deposit the security/performance guarantee money asfollows:

10% of total order value for the entire duration of contract.

10.5 The form of security money shall be as below:-

i Cash/ Bank Draft/ Bankers Cheque duly discharged in favor of

Managing Director, RajComp Info Services Ltd.

ii Post-office Saving Bank Pass Book duly pledged.

iii National Savings Certificate, Defense Savings Certificates. Kisan

Vikas Patras or any other script/instrument under National Saving Schemefor promotion of small savings, if the same can be pledged in favour of

Managing Director, RajComp Info Services Ltd. These certificates shall

be accepted at surrender value.

10.6 The performance security money shall be refunded immediately after expiry of

contract and provided there is no breach of condition on the part of successful

bidder.

10.7 No interest will be paid by the purchaser on the EMD & performance securitydeposit.

10.8 The successful bidder shall be required to execute following agreements towards

Operation Management Services:

Service Level Agreement.

Non-disclosure Agreement

10.9 Failure of the bidder to comply with the requirements shall constitute sufficientgrounds for the annulment of the award and forfeiture of the Performance

Security.



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10.10 Liquidated Damages

10.10.1 In case of extension in the delivery period / completion with liquidated damages

the recovery shall be made on the basis of following percentages of value ofsoftware / work completion, which the bidder has failed to supply/ complete the

work: -

S.

No

Condition LD % of

price quoted

for Stage I

a. Delay up to one fourth period of the prescribed delivery period/ completion of work as per chapter 6

2.5 %

b. Delay exceeding one fourth but not exceeding half of the

prescribed period / completion of work as per chapter 6

5.0 %

c. Delay exceeding half but not exceeding three fourth of the

prescribed period / completion of work as per chapter 67.5 %

d. delay exceeding three fourth of the prescribed period /completion of work as per chapter 6

10.0 %

Fraction of a day in reckoning period in supplies shall be eliminated if it isless than half a day.

The maximum amount of liquidated damages shall be 10%.

If the successful bidder requires an extension of time in completion of

contractual supply on account of occurrence of any hindrance, he shall

apply in writing to the authority, which has placed the supply order,for the same immediately on occurrence of the hindrance but not after

the stipulated date of completion of supply.

Delivery period may be extended with or without liquidated damages

if the delay in the supply of goods/implementation of software is onaccount of hindrances beyond the control of the bidder.

Also Liquidated Damages would be deducted from the payment due

for that milestone as mentioned in Chapter 11 (Terms of Payment).10.11 Forfeiture of Performance Security

10.11.1 Forfeiture of Security Deposit: Security amount in full or part may be forfeited in

the following cases: -

a When the terms and conditions of the contract are breached.b When the bidder fails to make complete supply satisfactorily.



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c When contract is being terminated due to non-performance of the

successful bidder.d Notice of reasonable time will be given in case of forfeiture of

security deposit. The decision of the Purchase Officer in this regard

shall be final.10.11.2 Failure of the successful bidder to comply with the requirement of the contract,

shall constitute sufficient grounds for the annulment of the award and forfeiture

of the bid security, in which event the purchaser may make the award to the

next lowest evaluated bidder or call for new bids.

10.12 Release of Performance Security

10.12.1 The security/performance guarantee would be returned back after successfulcompletion of period of contract.

.



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TERMS OF PAYMENT



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Chapter 11

Terms Of Payment

11.1 Payment shall be made on following basis:

a) No Advance Payment will be made.

b) Project is a service project. Hence, basically the payment will be made only if

services are completely rendered upto the satisfaction of RISL/ Panchayati

Raj department by the software solution provider.

c) All remittance charges will be borne by the bidder.

d) All the payments to the software solution provider will be made as per the

Payment Schedule and Terms of Payment, upon submission of invoices that

are certified by the department & verified by RISL. The payment shall be

made subject to the penalties laid down in chapter 10, 12 and 13 on varioustasks.

e) The Software solution provider has to submit all the required and related

supporting documents along with the bill for the payment. The solution

provider shall submit a summarized report of work carried out in the quarter

along with every bill for accounting and audit purposes.

S.

No.

% of

payment

Condition/ Event

Stage I

1 Nil No Payment shall be made for Stage I. The paymentsfor Stage-I shall be released after successfulcompletion of Stage-II.

Stage II

2. 100% The payments for Stage-I and II shall be made after successful completion of the work defined for both the

Stages. All relevant documents would be required to

be attached along with the bill for stage-I as well asstage-II.



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GENERAL TERMS ANDCONDITIONS



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Chapter 12

GENERAL TERMS AND CONDITIONS OF TENDER

Note: Bidders must read these conditions carefully and comply strictly while

sending/submitting their tenders.

General conditions:

12.1 Tender forms shall be filled in ink or typed. No tender filled in pencil

shall be considered. The bidder shall sign the tender form at each page and at the

end, in token of acceptance of all the terms and conditions of the tender.

12.2 Rates shall be written both in words and figures. There should not be

errors and/or over-writings. Corrections, if any, should be made clearly and

initialed with dates. The rates should mention element of the Rajasthan StateSales Tax / Central Sales Tax/Service Tax separately.

12.3 Bidder shall quote firm prices against each of the items as detailed in

the price bid. No conditional discounts shall be quoted in the bid e.g. discounts

based on conditions linked with bid/performance security/guarantees, advance

payments, selection of combination of products or product options, number of personnel etc. Financial bids with such conditional discounts would be

summarily rejected.

12.4 Comparison of Rates:

a. In comparing the rates tendered by firms outside Rajasthan and those in

Rajasthan but not entitled to Price Preference under the Rules, the elementof Rajasthan Sales Tax shall be excluded whereas that of Central Sales Tax

shall be included.

b. While comparing the rates in respect of firms within Rajasthan, Theelement of Rajasthan Sales Tax shall be included.

12.5 Direct or indirect canvassing on the part of the bidder or his

representative will be a disqualification.

12.6 Any Change in the constitution of the company, etc. shall be notified

forth with by the successful bidder in writing to the purchase officer and suchchange shall not relieve any former member of the company, etc., from any

liability under the contract.

12.7 If any dispute arises out of the contract with regard to the

interpretation, meaning and breach of the terms of the contract, the matter shall bereferred to by the Parties to the Principal Secretary, Department Of Information

Technology and Communication, Government of Rajasthan who will be the Sole

Arbitrator and whose decision shall be final.

12.8 Income Tax may be deducted at source as per rules.



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12.9 All legal proceedings, if necessary arises to institute may by any of

the parties (RISL or Contractor) shall have to be lodged in courts situated inJaipur and not elsewhere.

12.10 Loss of Revenue to the Purchaser: The bidder shall be vicariously

liable to indemnify the Purchaser in case of any misuse of data/information bythe bidder, deliberate or otherwise, which comes into the knowledge of thepurchaser during the performance or currency of the contract.

12.11 Currency of Payment: Payment shall be made in Indian Rupees

only.

12.12 Change orders: The purchaser may at any time, by a written order

given to the bidder, make changes within the general scope of the Contract. Ifany such change causes an increase or decrease in the cost of, or the time

required for, the bidders performance of any part of the work under the

contract, whether changed or not changed by the order, and equitable

adjustment shall be made in the performance security, Contract Price or deliveryschedule, or both, and the contract shall accordingly be amended. Any claims by

the bidder for adjustment under this clause must be asserted within thirty (30)days from the date of the bidders receipt of the purchasers changed order.

12.13 Contract Amendments: No variation in or modification of the terms

of the Contract shall be made except by written amendment signed by both the

parties i.e. the Bidder and the Purchaser.

12.14 Purchaser Right to Accept any bid and to reject any or all bids:The purchaser reserves the right to accept any bid, and to annul the tender

process and reject all bids at any time prior to award of contract, without

assigning reasons & without thereby incurring any liability to the affectedbidder or bidders or any obligation to inform the affected bidder or bidders of

the grounds for the Purchasers action.

12.15 Notification of award: Prior of the expiration of the period of the bid

validity, the purchaser will notify the successful bidder in writing that its bid has been accepted. The notification of award will constitute the formation of

contract. Upon the successful bidders furnishing of performance security, the

purchaser will notify each unsuccessful bidder and will discharge its EMD.

12.16 Period of Validity: Bids shall remain valid for 90 days after last dateof bid submission prescribed by the purchaser which may be extended with

mutual consent. A bid valid for a shorter period may be rejected by thepurchaser as non-responsive.

12.17 Period of Contract: The period of the contract is four months aftersuccessful commissioning.

12.18 Force Majeure:

a. Notwithstanding the provisions of contract, the bidder shall not be liable

for forfeiture of its performance security, or termination for default, if and to the extent



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that, its delay in performance or other failure to perform its obligations under the contract

is the result of an event of Force Majeure.

b. For Purposes of this clause, Force Majeure means an event beyond thecontrol of the bidder and not involving the bidders fault or negligence and not

foreseeable. Such events may include but are not restricted to acts of the purchaser eitherin its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics,quarantine restrictions and freight embargoes.

c. If a Force Majeure situation arises, the bidder shall promptly notify the

purchaser in writing of such conditions and the cause thereof. Unless otherwise directed

by the purchaser in writing the bidder shall continue to perform its obligations under thecontract as far as is reasonably practical and shall seek all prevented by the force majeure

event.

d. The purchaser may terminate this contract, by giving a written notice of

minimum 30 days to the bidder being unable to perform a material portion of the services

for a period of more than 60 days.

12.19 Termination for insolvency: The purchaser may at any time

terminate the contract by giving written notice to the bidder, without

compensation to the bidder, if the bidder becomes bankrupt or otherwiseinsolvent provided that such termination will not prejudice or affect any right of

action or remedy which has accrued or will accrue thereafter to the purchaser.

12.20 Termination for Convenience: The purchaser, may, by written

notice sent to the bidder, terminate the contract, in whole or in part at any timefor its convenience. The notice of termination shall specify that termination is

for the Purchasers convenience, the extent to which performance of work under

the Contract is terminated and the date upon which such termination becomeseffective.

12.21 The contractor shall not assign or sub-let his contract or any

substantial part thereof to any other agency.

12.22 The bidder shall pay the expenses of stamp duty for execution of

agreement.

12.23 If a bidder imposes conditions, which are in addition to or in conflictwith the conditions mentioned herein, his tender is liable to summary rejection.

In any case none of such conditions will be deemed to have been accepted

unless specifically mentioned in the letter of acceptance of tender issued by the

Purchase Officer.

12.24 The Purchase Officer/Tendering Authority reserves the right to

accept any tender not necessarily the lowest, reject any tender without assigning

any reasons and accept tender for all or anyone or more of the articles for whichbidder has been given or distribute items of stores to more than one firm.



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12.25 Any bid received by the Tendering Authority after the deadline for

submission of bids will be rejected & not to be considered and may be returnedunopened to the bidder.

12.26 Use of Contract Documents and information

a. The bidder shall not, without the purchasers 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 thepurchaser in connection therewith, to any person other than a person

employed by the bidder performance of the contract. Disclosure to any

such employed person shall be made in confidence and shall extend onlyso far, as may be necessary for purposes of such performance.

b. The bidder shall not, without the purchasers prior written consent, make

use of any document or information enumerated in this document except

for purposes of performing the contract.

c. Any document, other than the contract itself, shall remain the property ofthe Purchaser and shall be returned (in all copies) to the purchaser on

completion of the Bidders performance under the contract, if so required

by the purchaser.

12.28 Service Level Assurance :

12.28.1 The successful bidder is required to provide following services :

1. Timely Completion of Application Software : The successful bidder is

required to complete the application software to the requirement as defined in

chapter-__ . The successful bidder is required to incorporate all changes in

the application software as communicated by the customer within 24 hoursfrom date on which the changes are conveyed. If the changes are not

incorporated within the defined time, penalty at the rate of Rs. 2000/- per day

shall be charged.

2. Application Software Availability : The successful bidder shall ensure that

the services for Examination Center Management System software is

available 24 X 7 hours in a week. The bidder shall be made full payment on

99% uptime or higher and the payment reduces at the rate of 10% for every1% reduction in uptime. No payment will be made for uptime less than 90%.

However, the successful bidder shall not be held responsible, if the

application software is not operational due to issues in State Data Center

related with server, leased line etc.

For the purpose of payment, the leverage hours shall be calculated

proportionately. The overall services should maintain a minimum of uptime

of 99% or more. There should be planned downtime during weekends orholidays and should not overrun to working hours of the following or

previous working hours. The table below shows the calculation for the hours

of down time in hours.



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S.

No.

Uptime Leverage

hours per

annum

(Max.)

Leverage

hours per

quarter

(Max.)

% Payment

of Charges

1. 99% or more 87.6 hours 21.9 hours 100%2. >=98% to < 99% 175.2 hours 43.8 hours 90%

3. >=97% to < 98% 262.8 hours 65.7 hours 80%

4. >=96% to < 97% 350.4 hours 87.6 hours 70%

5. >=95% to < 96% 438 hours 109.5 hours 60%

6. >=90% to < 95% 876 hours 219 hours 50%

7. Less than 90% More than

876 hours

More than

219 hours

NIL

3. Training to officers of department/collectorate office/supervisors etc:

The successful bidder shall impart training to officers of the department/

RISL prior to initiation of activities required for organizing the exams. Thebidder shall seek date for training from the nodal officer of the department.

The bidder shall submit list of participants who have been trained on the

usage of the application software. If the training is not provided by thebidder, penalty at the rate of Rs. 1000/- per day shall be charged subject to

maximum limit of Rs.10,000/-.

4. Support Manpower : The successful bidder shall have to provide atleast

one manpower during the period of organizing the exam. The manpower

provided by the successful bidder shall resolve any issue related with

software immediately. During the FMS period, if the support manpower is

not provided then liquidated damages at the rate of Rs. 2000/- per day shallbe charged subject to maximum limit of Rs.20,000/-.

5. Data : The successful bidder is required to provide complete data in the

format desired by the department within 10 days of the date of exam. If the

data is not provided by the bidder to the concerned department/organisation,penalty at the rate of Rs. 1000/- per day shall be charged subject to maximum

limit of Rs.10,000/-.

6. Transaction Accuracy & Consistency : The application software should

ensure accuracy and consistency of data in database and reports. The

transaction accuracy would be measured from the number of reported errorsvis--vis number of transactions. The transaction data should meet ACIDproperty. The software should maintain 100% data accuracy and consistency.

Penalty of Rs. 20,000/- would be charged on every 1% inaccurate data

reporting.



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In case the successful bidder is not able to perform as per defined SLA, RISL may

take action in the interest of the project and the decision of RISL shall be final andbidding on the selected bidder.

12.29 The approved bidder shall be deemed to have carefully examined the conditions

of the services to be rendered. If he has any doubts as to the meaning of anyportion of these conditions the bidder shall, before signing the contract, refer thesame to the Purchase Officer and get clarifications.

12.30 Specifications:

a. The services to be rendered shall strictly conform to the specifications, trademark laid

down in the tender form and wherever articles have been required according tointernational standards / certifications, those modules should conform strictly to those

specifications/ certifications.

b. The supply shall be of very best quality and description. The decision of the purchaseofficer/ purchase committee whether the software supplied conforms to the specificationsshall be final and binding.

12.31 Inspection:

a. The Purchase Officer or his duly authorized representative shall at all

reasonable time have access to the premises of successful bidder and shall

have the power at all reasonable time to inspect and examine the manpowerand their software development skills during development process or

afterwards as may be decided. Inspection shall be made at installation site.

b. The bidder shall furnish complete address of the premises of his office

where inspection can be made together with name and address of the personwho is to be contacted for the purpose.

c. Application software when received shall be subject to inspection to ensure

whether they conform to the specifications. Where necessary or prescribed

or practical, tests shall be carried out in Government Department(RISL/RajComp) and the software will be accepted only where its conform

to the standard of prescribed specifications.

12.32 Rejection:a. The application software not approved during inspection or testing shall be

rejected and will have to be replaced by the bidder at his own cost within the

time fixed by the Purchase Officer.

b. If, however, due to exigencies of Government work, such replacement either

in whole or in part, is not considered feasible, the Purchase Officer aftergiving an opportunity to the bidder of being heard shall for reasons to be



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recorded, deduct a suitable amount from the approved rates. The deduction

so made shall be final.

c. The rejected software shall be removed by the bidder within 3 days ofintimation of rejection, after which Purchase Officer shall not be responsible

for any loss, shortage or damage and shall have the right to dispose of sucharticles as he thinks fit, at the bidders risk and on his account.

12.33 The bidder shall be responsible for the proper packing so as to avoid damageunder normal conditions of transport by sea, rail and road or air and delivery of

the software (CDROM/DVD) in the good condition to the consignee at

destination. In the event of any loss, damage, breakage or leakage or anyshortage the bidder shall be liable to make good such loss and shortage found at

the time of checking/ inspection by the consignee. No extra cost on such account

shall be admissible.

The Contract for the supply can be repudiated at any time by the Purchase

Officer, if the supplies are not made to his satisfaction after giving anopportunity to the bidder of being heard and recording the reasons for

repudiation.

12.34 Delivery & Installation: -

a. The bidder whose tender is accepted shall arrange to supply the ordered

software as per specifications mentioned in chapter 16 & 20 and within

time period defined in chapter 6.

b. Delivery & Installation of ordered items would be completed within the

schedule given in chapter 6.c. Transportation: All goods must be sent freight paid.

d. Warranty/ Guarantee Clause:

Four months on all the modules supplied as per purchase order. The bidder

would give comprehensive onsite warranty/guarantee that the software

would continue to conform to the description and quality as specified for aperiod of four months on software from the date of delivery & installation

of the said software to be purchased and that notwithstanding the fact that

the purchaser may have inspected and/or approved the said software, ifduring the aforesaid period offour months on software, the said software

be discovered not to conform to the description and quality aforesaid orhave determined (and the decision of the Purchase Officer in that behalfwill be final and conclusive), the purchaser will be entitled to reject the

said software or such portion thereof as may be discovered not to conform

to the said description and quality, on such rejection the software will be at

the sellers risk and all the provisions relating to rejection of software etc.,shall apply. The bidder shall if so called upon to do, replace the software

etc., or such portion thereof as is rejection by Purchase Officer, otherwise



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the bidder shall pay such damage as may arise by the reason of the breach

of the condition herein contained. Nothing herein contained shall prejudiceany other right of the Purchase Officer in that behalf under this contract or

otherwise.

12.35 If the Purchase officer does not purchase any of the tendered software orpurchases less than the quantity indicated in the tender form, the bidder shall notbe entitled to claim any compensation.

12.36 Insurance: The software will be delivered at the destination office in perfect

condition. The successful bidder, if he so desires may insure the goods against

loss by theft, destruction or damage, by fire, flood, under exposure to whether orotherwise viz., (war, rebellion, riot, etc.,) The insurance charges will be borne

by the successful bidder and Tendering Authority will not pay such charges if

incurred.

12.37 The time specified for delivery in the tender form shall be deemed to be the

essence of the contract and the successful bidder shall arrange supplies withinthe specified period.

12.38 Recoveries: Recoveries of liquidated damages, short supply, breakage, rejected

software shall ordinarily be made from bills. Amount may also be withheld tothe extent of short supply, breakage, rejected software and in case of failure in

satisfactory replacement by the successful bidder along with amount of

liquidated damages shall be recovered from his dues and security depositavailable with the department. In case recovery is not possible recourse will be

taken under Rajasthan PDR Act or any other law in force.



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SOFTWARETERMS & CONDITIONS



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Chapter 13

SOFTWARE TERMS & CONDITIONS

13.1 The Tendering Authority reserves the right to carry out the capability assessment ofthe Bidder and the Purchasers decision shall be final in this regard. Theindividual signing the tender or other document, in connection with the tender

must certify as to whether he or she has signed as: -

- A Sole proprietor of the Software Development or constituted attorney of

such sole proprietor.

- A partner of the Bidder, if it be partnership, in which case he must haveauthority to refer to arbitration disputes concerning the business partnership

either by virtue of the partnership agreement or a power of attorney.

- Constituted attorney of the Bidder, if it is a company.

13.2 Licensable Software : The bidder shall transfer the complete source code along

with adequate detailed documents (from the testing phase onwards) ownershipright of the application software package to RISL. The source code with version

control system should be submitted in a DVD & external HDD both to RISL. The

source code of the software shall be the property of RISL. RISL should have the

perpetual license to use the application software. The inputs and outputs for thesoftware shall be defined by RISL.

13.3 In case the bidder is using any third party software, the bidder must have properlegal arrangement with the developer/owner of the software to ensure complete

back to back support to RISL for complete project period and beyond. The thirdparty software should be provided with perpetual licence of usage by RISL. This

should also include support on upgrades at no additional cost. Both the parties

shall be jointly and severally liable for the effect of performance of software on

implementation of the project. For this purpose, the bidder would indemnify RISLagainst any third party claim by the developer/owner of third party software to the

effect.

13.4 Patent Rights : In the event of any claim asserted by a third party of infringement

of copyright, patent, trademark or industrial design rights arising from the useof the software, database etc. or any part thereof, the bidder shall expeditiouslyextinguish such claim. If the bidder fails to comply and RISL is required to pay

compensation to a third party resulting from such infringement, the bidder shall

be responsible for the compensation including all expenses, court costs andlawyer fees. RISL will give notice to the bidder of such claim, if it is made,

without delay.



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13.5 Delivery Period & Installation: The completion period of the said tasks should

be adhered to as mentioned in delivery schedule . The supply shall actually bedeemed to have been complete on the actual date of supply/installation.

The successful bidder will deploy minimum of one personal at the premises ofthe Purchaser for carrying out the tasks as mentioned in Chapter-4. Exact

deployment will be worked out by the bidder to ensure timely completion with

expected quality norms.

13.6 Delay in Performance & Penalty : Delivery of the items shall be made or the

contract services shall be completed/ provided by the successful bidder in

accordance with the time schedule specified by the Purchaser in the chapter 6.

Any delay by the successful bidder in the performance of its delivery obligations

shall render him liable to the penalties as specified in chapter 12.

In the event of the failure of the successful bidder to secure acceptance of the

documentation/software/reports by the user department/RISL within 90 days after

delivery/ installation, the Purchaser reserves the option to recover from thesuccessful bidder as liquidated damages and not by way of penalty for the period

after the said 90 days, until acceptance a sum equivalent to 2% (two percent) of

the contract value for each month of the failure of bidder up to a maximumdeduction of 10%, to secure acceptance or part thereof without prejudice to the

Purchasers other remedies under the contract.

13.7 Forfeiture Of Security : Hiding of facts by the bidder if revealed at any stage,

would amount to forfeiture of security and subsequently the bidder may also beblack listed.

13.8 Standards Of Performance : The successful bidder shall carry out the tasks/

services assigned and carry out its obligations under the contract with due

diligence, efficiency and economy in accordance with generally accepted normstechniques and practices used in the industry.

The successful bidder shall also adhere to professional engineering and consultingstandards recognized by international professional bodies and shall observe sound

management, technical and engineering practices.

It shall employ appropriate advanced technology and safe and effective

equipment, machinery, material and methods. The successful bidder shall always

act in respect of any matter relating to this contract, as faithful advisors to the

Purchaser and shall, at all times, support and safeguard the Purchasers legitimateinterests in any dealings with the third party.



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13.9 The successful bidder may be allowed to sublet/outsource training and help desk

operations after approval from RISL.

13.10 Schedule Of Payment : Payment shall be made by the Purchaser as per Chapter

11 of the tender document after acceptance of the tasks allotted to the successfulbidder, to the entire satisfaction of the Purchaser or any other agency nominated

by him.

13.11 Warranty Period : The successful bidder will be responsible for providingTechnical support for successful running on the Application Software so

developed/customized for the entire contract period of four months from date of

its successful deployment.

13.12 Price Fall: The prices charged for the Goods/ Services/ software/ products

supplied under the contract by the successful bidder shall in no event exceed the

lowest price at which the successful bidder sells the Goods/services/software oroffers to sell Goods/services/software of identical description to the Department

of the Central or State Government or any Statutory undertaking of the central or

State Government, as the case may be, during the currency of the contract.

If at any time during the said period the successful bidder reduces the sale price,

sells, or offers to sell such goods/services to any person/ organization includingthe purchaser or any Department of State or Central Government or any statutory

Undertaking of the Central or State Government as the case may be, at a price

lower than the price chargeable under the contract, the successful bidder shallforthwith notify such reduction, or sale or offer to sell to the purchaser and the

price payable under the contract for the supply of material after the date ofcoming into force of such reduction or sale or offer to sell shall standcorrespondingly reduced.

13.13 Taxes and Duties : The successful bidder shall be entirely responsible for all

taxes, duties, license fees, octroi etc. incurred until delivery of the contractedGoods to the purchaser. However, Service Tax/Sales tax (not surcharge in lieu of

sales tax) in response of the transaction between the purchaser and successful

bidder shall be payable extra by the purchaser if so stipulated in the financialbid/notification award.

The successful bidder must also note that in the event of the purchaser makingavailable D Form or any other necessary form, Sales tax will be payable only as

per rates applicable to Government Purchases.

13.14 Insurance : The Goods supplied under the contract shall be fully insured by the bidder against loss or damage incidental to manufacture or acquisition

transportation, storage and delivery.



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The Purchaser if so desires may obtain the insurance, naming the purchaser as the

beneficiary, in an amount equal to the exact value of the Goods up to theinstallation at site on all risks basis, including war Risks and strike clauses etc.

13.15 Termination For Default : The Purchaser may, without prejudice, to any otherremedy for breach of contract, by written notice of default sent to the bidder,

terminate the contract in whole or in part if:

The bidder fails to deliver any or all of the obligations within the timeperiod(s) specified in the contract, or any extension thereof granted by the

Purchaser.

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

13.16 Software Development Personnel : The bidder shall employ and provide such

qualified and experienced personnel as are required to perform the services under

the contract.

13.17 Documents Prepared by the Bidder to be Property of Purchaser : All plans,reports, manuals etc. prepared by the successful bidder in the execution of the

contract shall become and remain the property of the Purchaser, and before

termination or expiration of this contract, the successful bidder shall deliver all

such documents to the Purchaser under the contract along with the detailedinventory thereof.

13.18 Passing of Property : Ownership shall not pass to the Purchaser unless and untilthe products and documentation thereof have been deployed, tested and accepted,

in accordance with the conditions of the contract to the entire satisfaction of thePurchaser.

13.19 Other Conditions : The RISL will be free to use the software for any number of

departments/organizations.

The purchaser reserves the right to release the order for whole or part of the

products as per the requirements of the Purchaser.

The successful bidder shall indemnify the Purchaser against all third-party claims

of infringement of patent, trademark/ copyright or industrial design rights arising

from the use of the products supplied by the bidder.

13.20 Acceptance : The acceptance tests, which shall involve testing of each product,

shall be conducted by the successful bidder in the presence of core group ofexperts nominated by the Purchaser. The acceptance test of each product shall be

conducted when the consultant will give in writing that each product has been

completely delivered/ installed.



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13.21 Blacklisti