Tier IV RFP Uptime Institute 18012018
Tier IV RFP Uptime Institute 18012018
Tier IV RFP Uptime Institute 18012018
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Contents
CONTENTS 2
ABBREVIATIONS & DEFINITIONS 5
1. SHORT TERM NOTICE INVITING BID 8
2. PROJECT PROFILE &BACKGROUND INFORMATION 10
3. ELIGIBILITY CRITERIA 12
4. SCOPE OF WORK, DELIVERABLES & TIMELINES 13
1) Details of work (SoW) 13
5. INSTRUCTION TO BIDDERS (ITB) 17
1) Downloading of Bidding/ Tender Documents 17
2) Changes in the Bidding Document 17
3) Period of Validity of Bids 17
4) Format and Signing of Bids 17
5) Cost & Language of Bidding 18
6) Deadline for the submission of Bids 18
7) Withdrawal, Substitution, and Modification of Bids 19
8) Opening of Bids 19
9) Selection Method: 19
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ANNEXURE-4: SELF-DECLARATION 50
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NCB A bidding process in which qualified bidders only from within India are
allowed to participate
NeGP National e-Governance Plan of Government of India, Department of
Information Technology (DIT), Ministry of Communications and Information
Technology (MCIT), New Delhi.
NIB Notice Inviting Bid
Notification A notification published in the Official Gazette
OEM Original Equipment Manufacturer
OPEX Operational Expenditure
PAN Permanent Account Number
PBG Performance Bank Guarantee
PC Procurement/ Purchase Committee
PQ Pre-Qualification
The process of procurement extending from the issue of invitation to Bid till
Procurement Process the award of the procurement contract or cancellation of the procurement
process, as the case may be
The acquisition by purchase, lease, license or otherwise of works, goods or
services, including award of Public Private Partnership projects, by a
Procurement/ Public
procuring entity whether directly or through an bidder with which a contract
Procurement
for procurement services is entered into, but does not include any
acquisition without consideration, and “procure” or “procured” shall be
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construed accordingly
Project Site Wherever applicable, means the designated place or places.
PSD Performance Security Deposit
Procuring Authority /
Purchase Officer /
Technical Director, Department of IT & C
Procuring Entity /
Competent Authority
An umbrella network covering RajSWAN, SecLAN, GRAMSAT, VSAT and any
RajNET
other network of Govt of Rajasthan.
RajSWAN/ RSWAN Rajasthan State Wide Area Network
RISL RajCOMP Info Services Limited
RSDC Rajasthan State Data Centre, New IT Building, Jaipur
RVAT Rajasthan Value Added Tax
SDC State Data Centre (Disaster Recovery Site – DR Site), Jodhpur
SDC (DR Site) State Data Centre (Disaster Recovery Site – DR Site), Jodhpur
Any subject matter of procurement other than goods or works and includes
physical, maintenance, professional, intellectual, consultancy and advisory
Services services or any service classified or declared as such by a procuring entity
and does not include appointment of any person made by any procuring
entity
Service Level Agreement is a negotiated agreement between two parties
wherein one is the customer and the other is the bidder. It is a service
SLA contract where the level of service is formally defined. In practice, the term
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SLA is sometimes used to refer to the contracted delivery time (of the
service) or performance.
State Government Government of Rajasthan (GoR)
State Public Procurement
http://sppp.raj.nic.in
Portal
STQC Standardisation Testing and Quality Certification, Govt. of India
Subject Matter of
Any item of procurement whether in the form of goods, services or works
Procurement
SD Security Deposit for work done till DLP period
TIN Tax Identification Number
TPA Third Party Auditors
UASL Unified Access Service Licence
VAT Value Added Tax
Very Small Aperture Terminal for satellite communication for data, voice and
VSAT
video services
WO/ PO Work Order/ Purchase Order
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The Government of Rajasthan would leverage Information & Communication Technology (ICT) not only as
a tool for improving governance and employment opportunities, but also more significantly as a means to
enhance the quality of life and bridging the socio-economic divide in the State. The State Government
intends to make conscious efforts to see that benefits of IT/ ITeS in terms of employment generation and
economic up-liftmen percolates to all sections of the society, particularly to those living in rural and
remote areas. Therefore, the State Government has introduced new IT Projects. The umbrella of e-
Services is being increasing rapidly. Therefore, most precious information of the Government would be
kept and maintained centrally at the Data Center to make available the services to the citizens on
24X7X365 basis, globally. It needs highly efficient and precious compute, network, storage, electrical,
cooling and BMS equipments to be deployed at the Data Centre to provide the required services,
promptly. Thus, creation of such kind of common infrastructure i.e. Data Center is required to place and
maintain the IT and Non-IT equipments efficiently.
Keeping in view the above vision, Hon’ble Chief Minister of Rajasthan has announced on the floor of
Assembly in her Budget Speech 2016-17 on 8th March, 2016 (Para 223 of Budget Speech), to set up a new
State Data Centre.
In the compliance of budget proclamation, it was decided to set up a new State Data Centre by way of a 6
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floor independent infrastructure having 600 Rack space capacities to provide common IT infrastructure to
host new e-Governance initiatives/applications and to facilitate web-enabled Anytime, Anywhere access.
Therefore, a Work Order has been placed on M/s Sterling & Wilson Ltd. for construction and
commissioning of Data Center and work in progress.
The impact of Data Center outage on business is very high and hence it needs high investment in building
reliable & resilient Data Center and also try to sustain the same level of reliability across life span of Data
Center and it needs to be always up & running. It needs correct design, project implementation and
Operations& Management program for Data Center. To get the desired outcome there has to be end to
end certification process which check and control at different critical milestone of project to ensure
desired outcome.
Uptime Institute, “Global Data Center Authority” is an advisory organization focused on improving the
performance, efficiency, and reliability of business-critical infrastructure for IT service availability through
industry leading standards, education, peer-to-peer networking, consulting, and award programs delivered
to enterprise organizations and third-party operators, manufacturers, and providers. Uptime Institute is
recognized globally for the creation and administration of the Tier Standards & Certifications for Data
Center Design, Construction, and Operational Sustainability along with its Management & Operations
reviews, methodology, and Efficient IT Stamp of Approval.
It will help the data center to optimize its critical infrastructure and all of it operations, while balancing
costs, resources, performance, and efficiency in an ever-changing technology landscape. Uptime Institute’s
Tier certification is the recognized standard globally for data center performance, Design, Construction,
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and Operational Sustainability. The technology agnostic Tier Standards help operators increase efficiency
and meet the highest levels of infrastructure performance. Therefore, it has been decided to get Tier IV
certified the new Bhamashah State Data Center by Uptime Institute to meet out the global industry
standards.
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3. ELIGIBILITY CRITERIA
This RFP is hereby issued ONLY to M/s Uptime Institute Professional Services, who is required to quote for
the bid. M/s Uptime Institute Professional Services stand qualified for Tier-IV Certification for Bhamashah
State Data Centre, Rajasthan.
The bidder is required to submit the supporting documents as evidence to fulfil the eligibility criteria will be
evaluated by the Tendering Authority. During the bid evaluation stage, the Tendering Authority may
request for clarification (if required).
The bidder participating in the procurement process shall possess the following minimum pre-qualification/
eligibility criteria.
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M/s Uptime Institute Professional Services will uniquely provide DoIT&C with unbiased recommendations
and consultation to optimize both the performance and operability of Bhamashah State Data Center.
In summary, Uptime Institute Professional Services provide the following tasks to respond to DoIT&C as
per its requirements:
Tier Certification
Progress Review (Detailed Design)
Tier Design Working Session
Tier Certification of Design Documents
Tier Certification of Constructed Facility
Preliminary Operational Sustainability Review
Tier Certification of Operational Sustainability
Education
o Accredited Tier Designer Training Course (2 Participants)
o Accredited Operations Specialist Training Course (5 Participants)
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TIER CERTIFICATION
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Uptime Institute Professional Services shall perform the following tasks with participation of BSDC project
and operation team:
Confirm the commissioning documents—prepared by others—adequately demonstrate the
infrastructure’s Tier IV Concurrently Maintainable & Fault Tolerant objective.
Prepare a list of Supplemental demonstrations of the site’s functionality and distribute to the
project team prior to the site visit.
Perform an on-site visit to include:
Identify discrepancies between the previously reviewed design drawings and the installed site
infrastructure equipment.
Observe (on site) the selected demonstrations—prepared beforehand—of the site’s concurrently
Maintainable & Fault Tolerant capability of the Electrical, UPS, Central Cooling Plant, Computer
Room Cooling and Engine-Generator Systems.
Uptime Institute Professional Services consultants will observe the appropriate testing procedures,
as performed by others. Scheduling the site visit to immediately follow the final stages of
commissioning is required for the assessment’s objectives, including presence of simulated IT load
(via load banks or equivalent).
Subsequently, in Uptime Institute Professional Services office, document outcome of
demonstrations. Provide a formal report of findings.
Award BSDC a letter, foil, and plaque of Tier Certification of Constructed Facility.
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Sustainability Certification of Gold, Silver, or Bronze will be determined by the total number of points. The
validity term of the Certification is correlated to award level: Gold—3 years, Silver—2 years. Bronze –1
year. If the points are not sufficient for Bronze, immediate redress and re-assessment are strongly
recommended.
Uptime Institute Professional Services shall perform the following tasks with participation of the
Bhamashah State Data Center site operations team:
In Uptime Institute Professional Services offices prior to site visit:
o Prepare an agenda, list of documents, and individuals that need to be available for the site
visit and distribute them to the site team.
o Conduct initial Site Location risk assessment.
Perform the on-site assessment to include:
o In-brief to the site staff on assessment process.
o Tour the data center.
o Meet individually or in groups with members of the Data center operations and
maintenance to validate the existence of specific Operational Sustainability behaviours or
risks in accordance with Tier Standard: Operational Sustainability.
o Survey the local area to identify any potential Site Location risks.
o Before departing the site, de-brief Management on observations made during the visit.
Subsequently, in Uptime Institute Professional Services offices, document Operational
Sustainability deficiencies, recommendations for improvement, and determine the Gold, Silver, or
Bronze Certification. A formal report of findings will be provided in PDF format.
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The course will be administered by Uptime Institute Faculty with field experience in the practical
application of the Tiers. All course materials will be delivered in English. Travelling, Boarding, Lodging
charges of the participants shall be borne by the uptime institute.
centres and similar technology projects. All participants will be vetted and approved by Uptime
Institute.
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d) Any bidder, who has submitted his Bid in response to the original invitation, shall have the
opportunity to modify or re-submit it, as the case may be, within the period of time originally
allotted or such extended time as may be allowed for submission of Bids, when changes are made
to the bidding document by the procuring entity:
Provided that the Bid last submitted or the Bid as modified by the bidder shall be considered for
evaluation.
3) Period of Validity of Bids
a) Bids submitted by the bidders shall remain valid during the period specified in the NIB/ bidding
document. A Bid valid for a shorter period shall be rejected by the procuring entity as non-
responsive Bid.
b) Prior to the expiry of the period of validity of Bids, the procuring entity, in exceptional
circumstances, may request the bidders to extend the bid validity period for an additional
specified period of time. A bidder may refuse the request and such refusal shall be treated as
withdrawal of Bid and in such circumstances bid security shall not be forfeited.
c) Bidders that agree to an extension of the period of validity of their Bids shall extend or get
extended the period of validity of bid securities submitted by them or submit new bid securities to
cover the extended period of validity of their bids. A bidder whose bid security is not extended, or
that has not submitted a new bid security, is considered to have refused the request to extend the
period of validity of its Bid.
4) Format and Signing of Bids
a) Bidders must submit their bids online at e-Procurement portal i.e. http://eproc.rajasthan.gov.in.
b) All the documents uploaded should be digitally signed with the DSC of authorized signatory.
c) A Two stage Two cover system shall be followed for the Bid: -
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a) The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the
procuring entity shall not be responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
b) The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder
and the procuring entity, shall be written only in English Language. Supporting documents and
printed literature that are part of the Bid may be in another language provided they are
accompanied by an accurate translation of the relevant passages in English/ Hindi language, in
which case, for purposes of interpretation of the Bid, such translation shall govern.
6) Deadline for the submission of Bids
a) Bids shall be received online at e-Procurement portal and up to the time and date specified in the
NIB.
b) Normally, the date of submission and opening of Bids would not be extended. In exceptional
circumstances or when the bidding document are required to be substantially modified as a result
of discussions in pre-bid meeting/ conference or otherwise and the time with the prospective
bidders for preparation of Bids appears insufficient, the date may be extended by the procuring
entity. In such case the publicity of extended time and date shall be given in the manner, as was
given at the time of issuing the original NIB and shall also be placed on the State Public
Procurement Portal, if applicable. It would be ensured that after issue of corrigendum, reasonable
time is available to the bidders for preparation and submission of their Bids. The procuring entity
shall also publish such modifications in the bidding document in the same manner as the
publication of initial bidding document. If, in the office of the Bids receiving and opening authority,
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the last date of submission or opening of Bids is a non-working day, the Bids shall be received or
opened on the next working day.
7) Withdrawal, Substitution, and Modification of Bids
a) If permitted on e-Procurement portal, a Bidder may withdraw its Bid or re-submit its Bid (technical
and/ or financial cover) as per the instructions/ procedure mentioned at e-Procurement website
under the section "Bidder's Manual Kit".
b) Bids withdrawn shall not be opened and processes further.
8) Opening of Bids
a) The Bids shall be opened by the bid opening & evaluation committee on the date and time
mentioned in the NIB in the presence of the bidders or their authorised representatives who
choose to be present.
b) The committee may co-opt experienced persons in the committee to conduct the process of Bid
opening.
c) The committee shall prepare a list of the bidders or their representatives attending the opening of
Bids and obtain their signatures on the same. The list shall also contain the representative’s name
and telephone number and corresponding bidders’ names and addresses. The authority letters, if
any, brought by the representatives shall be attached to the list. The list shall be signed by all the
members of Bid opening committee with date and time of opening of the Bids.
d) All the documents comprising of technical Bid/ cover shall be opened & downloaded from the e-
Procurement website (only for the bidders who have submitted the prescribed fee(s) to tendering
authority).
e) The committee shall conduct a preliminary scrutiny of the opened technical Bids to assess the
prima-facie responsiveness and ensure that the: -
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a. bid is accompanied by bidding document fee, bid security or bid securing declaration, and
processing fee (if applicable);
b. bid is valid for the period, specified in the bidding document;
c. bid is unconditional and the bidder has agreed to give the required performance security; and
d. other conditions, as specified in the bidding document are fulfilled.
e. any other information which the committee may consider appropriate.
f) No Bid shall be rejected at the time of Bid opening except the Bids not accompanied with the proof
of payment or instrument of the required price of bidding document, processing fee.
g) The Financial Bid cover shall be kept unopened and shall be opened later on the date and time
intimated to the bidders who qualify in the evaluation of technical Bids.
9) Selection Method:
a) The selection method is Least Cost Based Selection (LCBS or L1).
10) Clarification of Bids
a) To assist in the examination, evaluation, comparison and qualification of the Bids, the bid
evaluation committee may, at its discretion, ask any bidder for a clarification regarding its Bid. The
committee's request for clarification and the response of the bidder shall be through the e-
Procurement portal.
b) Any clarification submitted by a bidder with regard to its Bid that is not in response to a request by
the committee shall not be considered.
c) No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to
confirm the correction of arithmetic errors discovered by the committee in the evaluation of the
financial Bids.
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b. The bid evaluation committee may rectify non-material nonconformities or omissions on the
basis of the information or documentation received from the bidder.
c) Technical Evaluation Criteria
Bids shall be evaluated based on the documents submitted as part of technical bid. Technical bid
shall contain all the documents as asked in the clause “Format and signing of Bids”.
d) Tabulation of Technical Bids
a. If Technical Bids have been invited, they shall be tabulated by the bid evaluation committee in
the form of a comparative statement to evaluate the qualification of the bidders against the
criteria for qualification set out in the bidding document.
b. The members of bid evaluation committee shall give their recommendations below the table
as to which of the bidders have been found to be qualified in evaluation of Technical Bids and
sign it.
e) The number of firms qualified in technical evaluation, if less than three and it is considered
necessary by the procuring entity to continue with the procurement process, reasons shall be
recorded in writing and included in the record of the procurement proceedings.
f) The bidders who qualified in the technical evaluation shall be informed in writing about the date,
time and place of opening of their financial Bids.
13) Evaluation & Tabulation of Financial Bids
Subject to the provisions of “Acceptance of Successful Bid and Award of Contract” below, the procuring
entity shall take following actions for evaluation of financial Bids:-
a) The financial Bids of the bidders who qualified in technical evaluation shall be opened online at the
notified time, date and place by the bid evaluation committee in the presence of the bidders or
their representatives who choose to be present;
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b) The process of opening of the financial Bids shall be similar to that of technical Bids.
c) The names of the bidders, the rates given by them and conditions put, if any, shall be read out and
recorded;
d) conditional Bids are liable to be rejected;
e) the evaluation shall include all costs and all taxes and duties applicable to the bidder as per law of
the Central/ State Government/ Local Authorities, and the evaluation criteria specified in the
bidding documents shall only be applied;
f) the offers shall be evaluated and marked L1, L2, L3 etc. L1 being the lowest offer and then others in
ascending order in case price is the only criteria, or evaluated and marked H1, H2, H3 etc. in
descending order.
g) the bid evaluation committee shall prepare a comparative statement in tabular form in accordance
with rules along with its report on evaluation of financial Bids and recommend the lowest offer for
acceptance to the procuring entity, if price is the only criterion, or most advantageous Bid in other
case;
h) The members of bids evaluation committee shall give their recommendations below the table
regarding lowest Bid or most advantageous Bid and sign it.
i) it shall be ensured that the offer recommended for sanction is justifiable looking to the prevailing
market rates of the goods, works or service required to be procured.
14) Correction of Arithmetic Errors in Financial Bids
The bid evaluation committee shall correct arithmetical errors in substantially responsive Bids, on the
following basis, namely: -
a) if there is a discrepancy between the unit price and the total price that is obtained by multiplying
the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless
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in the opinion of the bid evaluation committee there is an obvious misplacement of the decimal
point in the unit price, in which case the total price as quoted shall govern and the unit price shall
be corrected;
b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the
amount expressed in words is related to an arithmetic error, in which case the amount in figures
shall prevail subject to clause (a) and (b) above.
15) Price/ purchase preference in evaluation
Price and/ or purchase preference notified by the State Government (GoR) and as mentioned in the
bidding document shall be considered in the evaluation of Bids and award of contract.
16) Negotiations
a) Except in case of procurement by method of single source procurement or procurement by
competitive negotiations, to the extent possible, no negotiations shall be conducted after the pre-
bid stage. All clarifications needed to be sought shall be sought in the pre-bid stage itself.
b) Negotiations may, however, be undertaken only with the lowest or most advantageous bidder
when the rates are considered to be much higher than the prevailing market rates.
c) The bid evaluation committee shall have full powers to undertake negotiations. Detailed reasons
and results of negotiations shall be recorded in the proceedings.
d) The lowest or most advantageous bidder shall be informed in writing either through messenger or
by registered letter and e-mail (if available). A minimum time of seven days shall be given for
calling negotiations. In case of urgency the bid evaluation committee, after recording reasons, may
reduce the time, provided the lowest or most advantageous bidder has received the intimation and
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e. the bidder, submitting the Bid, his agent or any one acting on his behalf, gave or agreed to give,
to any officer or employee of the procuring entity or other governmental authority a
gratification in any form, or any other thing of value, so as to unduly influence the
procurement process;
f. a bidder, in the opinion of the procuring entity, has a conflict of interest materially affecting
fair competition.
b) A Bid shall be excluded/ disqualified as soon as the cause for its exclusion/ disqualification is
discovered.
c) Every decision of a procuring entity to exclude a Bid shall be for reasons to be recorded in writing
and shall be: -
a. communicated to the concerned bidder in writing;
b. Published on the State Public Procurement Portal, if applicable.
18) Acceptance of the successful Bid and award of contract
a) The procuring entity after considering the recommendations of the bid evaluation committee and
the conditions of Bid, if any, financial implications, trials, sample testing and test reports, etc., shall
accept or reject the successful Bid. If any member of the bid evaluation committee, has disagreed
or given its note of dissent, the matter shall be referred to the next higher authority, as per
delegation of financial powers, for decision.
b) Decision on Bids shall be taken within original validity period of Bids and time period allowed to
procuring entity for taking decision. If the decision is not taken within the original validity period or
time limit allowed for taking decision, the matter shall be referred to the next higher authority in
delegation of financial powers for decision.
c) Before award of the contract, the procuring entity shall ensure that the price of successful Bid is
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i) The bid security of the bidders who’s Bids could not be accepted shall be refunded soon after the
contract with the successful bidder is signed and its performance security is obtained.
19) Information and publication of award
Information of award of contract shall be communicated to all participating bidders and published on
the respective website(s) as specified in NIB.
20) Procuring entity’s right to accept or reject any or all Bids
The Procuring entity reserves the right to accept or reject any Bid, and to annul (cancel) the bidding
process and reject all Bids at any time prior to award of contract, without thereby incurring any liability
to the bidders.
28) Performance Security
a) Prior to execution of agreement, Performance security shall be solicited from all successful bidders
except the departments of the State Government and undertakings, corporations, autonomous
bodies, registered societies, co-operative societies which are owned or controlled or managed by
the State Government and undertakings of the Central Government. However, a performance
security declaration shall be taken from them. The State Government may relax the provision of
performance security in particular procurement or any class of procurement.
b) The amount of performance security shall be 5%, or as may be specified in the bidding document,
of the amount of supply order in case of procurement of goods and services. In case of Small Scale
Industries (SSI) of Rajasthan, it shall be 1% of the amount of quantity ordered for supply of goods
and in case of sick industries, other than SSI, whose cases are pending before the Board of
Industrial and Financial Reconstruction (BIFR), it shall be 2% of the amount of supply order.
c) Performance security shall be furnished in any one of the following forms: -
a. Bank Draft or Banker's Cheque of a scheduled bank;
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b. National Savings Certificates and any other script/ instrument under National
Savings Schemes for promotion of small savings issued by a Post Office in Rajasthan, if the
same can be pledged under the relevant rules. They shall be accepted at their surrender
value at the time of bid and formally transferred in the name of procuring entity with the
approval of Head Post Master;
c. Bank guarantee/s of a scheduled bank. It shall be got verified from the issuing bank. Other
conditions regarding bank guarantee shall be same as mentioned in the bidding document
for bid security;
d. Fixed Deposit Receipt (FDR) of a scheduled bank. It shall be in the name of procuring entity
on account of bidder and discharged by the bidder in advance. The procuring entity shall
ensure before accepting the FDR that the bidder furnishes an undertaking from the bank to
make payment/premature payment of the FDR on demand to the procuring entity without
requirement of consent of the bidder concerned. In the event of forfeiture of the
performance security, the Fixed Deposit shall be forfeited along with interest earned on
such Fixed Deposit.
d) Performance security furnished in the form specified in clause [a.] to [d.] of (c) above shall remain
valid for a period of 90 days beyond the date of completion of all contractual obligations of the
bidder, including warranty obligations and maintenance.
e) An opportunity will be given to bidder by issuing a notice with reasonable time to cure and clarify
himself before forfeiture of deposited PSD.
f) No interest shall be payable on the PSD.
29) Execution of agreement
a) A procurement contract shall come into force from the date on which the agreement is signed.
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b) The successful bidder shall sign the procurement contract within 15 days from the date on which
the letter of acceptance or letter of intent is despatched to the successful bidder.
c) If the bidder, who’s Bid has been accepted, fails to sign a written procurement contract or fails to
furnish the required performance security within specified period, the procuring entity shall take
action against the successful bidder as per the provisions of the bidding document and Act. The
procuring entity may, in such case, cancel the procurement process or if it deems fit, offer for
acceptance the rates of lowest or most advantageous bidder to the next lowest or most
advantageous bidder, in accordance with the criteria and procedures set out in the bidding
document.
d) The bidder will be required to execute the agreement on a non-judicial stamp of specified value at
its cost and to be purchase from anywhere in Rajasthan only.
e) Bidder has also to sign Non-Disclosure agreement with the tendering authority as per indicative
format attached in Annexure 12.
30) Confidentiality
a) Notwithstanding anything contained in this bidding document but subject to the provisions of any
other law for the time being in force providing for disclosure of information, a procuring entity
shall not disclose any information if such disclosure, in its opinion, is likely to: -
a. impede enforcement of any law;
b. affect the security or strategic interests of India;
c. affect the intellectual property rights or legitimate commercial interests of bidders;
d. affect the legitimate commercial interests of the procuring entity in situations that may include
when the procurement relates to a project in which the procuring entity is to make a
competitive bid, or the intellectual property rights of the procuring entity.
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b) The procuring entity shall treat all communications with bidders related to the procurement
process in such manner as to avoid their disclosure to competing bidders or to any other person
not authorised to have access to such information.
c) The procuring entity may impose on bidders and sub-contractors, if there are any for fulfilling the
terms of the procurement contract, conditions aimed at protecting information, the disclosure of
which violates (a) above.
d) In addition to the restrictions specified above, the procuring entity, while procuring a subject
matter of such nature which requires the procuring entity to maintain confidentiality, may impose
condition for protecting confidentiality of such information.
31) Cancellation of procurement process
a) If any procurement process has been cancelled, it shall not be reopened but it shall not prevent the
procuring entity from initiating a new procurement process for the same subject matter of
procurement, if required.
b) A procuring entity may, for reasons to be recorded in writing, cancel the process of procurement
initiated by it -
a. at any time prior to the acceptance of the successful Bid; or
b. after the successful Bid is accepted in accordance with (d) and (e) below.
c) The procuring entity shall not open any bids or proposals after taking a decision to cancel the
procurement and shall return such unopened bids or proposals.
d) The decision of the procuring entity to cancel the procurement and reasons for such decision shall
be immediately communicated to all bidders that participated in the procurement process.
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e) If the bidder who’s Bid has been accepted as successful fails to sign any written procurement
contract as required, or fails to provide any required security for the performance of the contract,
the procuring entity may cancel the procurement process.
f) If a bidder is convicted of any offence under the Act, the procuring entity may: -
a. cancel the relevant procurement process if the Bid of the convicted bidder has been declared
as successful but no procurement contract has been entered into;
b. rescind (cancel) the relevant contract or forfeit the payment of all or a part of the
contract value if the procurement contract has been entered into between the procuring entity
and the convicted bidder.
32) Code of Integrity for Bidders
a) No person participating in a procurement process shall act in contravention of the code of integrity
prescribed by the State Government.
b) The code of integrity include provisions for: -
a. Prohibiting
i. any offer, solicitation or acceptance of any bribe, reward or gift or any material
benefit, either directly or indirectly, in exchange for an unfair advantage in the
procurement process or to otherwise influence the procurement process;
ii. any omission, including a misrepresentation that misleads or attempts to mislead so as
to obtain a financial or other benefit or avoid an obligation;
iii. any collusion, bid rigging or anti-competitive behaviour to impair the transparency,
fairness and progress of the procurement process;
iv. improper use of information shared between the procuring entity and the bidders with an
intent to gain unfair advantage in the procurement process or for personal gain;
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v. any financial or business transactions between the bidder and any officer or employee of
the procuring entity;
vi. any coercion including impairing or harming or threatening to do the same, directly or
indirectly, to any party or to its property to influence the procurement process;
vii. any obstruction of any investigation or audit of a procurement process;
b. disclosure of conflict of interest;
c. Disclosure by the bidder of any previous transgressions with any entity in India or any other
country during the last three years or of any debarment by any other procuring entity.
c) Without prejudice to the provisions below, in case of any breach of the code of integrity by a
bidder or prospective bidder, as the case may be, the procuring entity may take appropriate
measures including: -
a. exclusion of the bidder from the procurement process;
b. calling-off of pre-contract negotiations and forfeiture or encashment of bid security;
c. forfeiture or encashment of any other security or bond relating to the procurement;
d. recovery of payments made by the procuring entity along with interest thereon at bank rate;
e. cancellation of the relevant contract and recovery of compensation for loss incurred by the
procuring entity;
f. Debarment of the bidder from participation in future procurements of the procuring entity for
a period not exceeding three years.
33) Conflict of Interest
A Bidder may be considered to be in conflict of interest with one or more parties in a bidding process if,
including but not limited to:-
a) they have controlling partners in common;
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b) they receive or have received any direct or indirect subsidy from any of them;
c) they have the same legal representative for purposes of the bid;
d) they have a relationship with each other, directly or through common third parties, that puts them
in a position to have access to information about or influence on the bid of another;
e) A bidder participates in more than one bid in the same bidding process. However, this does not
limit the inclusion of the same sub-contractor, not otherwise participating as a bidder, in more
than one bid; or
f) A bidder or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the subject matter of procurement of the bidding process. All bidders
shall provide in Eligibility Criteria documents, a statement that the bidder is neither associated nor
has been associated directly or indirectly, with the consultant or any other entity that has
prepared the design, specifications and other documents for the subject matter of procurement
or being proposed as Project Manager for the contract.
34) Interference with Procurement Process
A bidder, who: -
a) withdraws from the procurement process after opening of financial bids;
b) withdraws from the procurement process after being declared the successful bidder;
c) fails to enter into procurement contract after being declared the successful bidder;
d) fails to provide performance security or any other document or security required in terms of the
bidding documents after being declared the successful bidder, without valid grounds,
shall, in addition to the recourse available in the bidding document or the contract, be
punished with fine which may extend to fifty lakh rupees or ten per cent of the assessed value of
procurement, whichever is less.
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35) Appeals
a) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder is
aggrieved that any decision, action or omission of the procuring entity is in contravention to
the provisions of the Act or the rules or guidelines issued thereunder, he may file an appeal to such
officer of the procuring entity, as may be designated by it for the purpose, within a period of10
days from the date of such decision or action, omission, as the case may be, clearly giving the
specific ground or grounds on which he feels aggrieved:
a. Provided that after the declaration of a bidder as successful in terms of “Award of Contract”,
the appeal may be filed only by a bidder who has participated in procurement proceedings:
b. Provided further that in case a procuring entity evaluates the technical Bid before the opening
of the financial Bid, an appeal related to the matter of financial Bid may be filed only by a
bidder whose technical Bid is found to be acceptable.
b) The officer to whom an appeal is filed under (a) above shall deal with the appeal as expeditiously as
possible and shall endeavour to dispose it of within 30 days from the date of filing of the appeal.
c) If the officer designated under (a) above fails to dispose of the appeal filed under that sub-section
within the period specified in (c) above, or if the bidder or prospective bidder or the procuring
entity is aggrieved by the order passed, the bidder or prospective bidder or the procuring entity, as
the case may be, may file a second appeal to an officer or authority designated by the State
Government in this behalf within 15 days from the expiry of the period specified in (c) above or of
the date of receipt of the order passed under (b) above, as the case may be.
d) The officer or authority to which an appeal is filed under (c) above shall deal with the appeal as
expeditiously as possible and shall endeavour to dispose it of within 30 days from the date of filing
of the appeal:
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e) The officer or authority to which an appeal may be filed under (a) or (d) above shall be :
First Appellate Authority: Principal Secretary, IT&C, GoR
Second Appellate Authority: Secretary (Budget), Finance Department, GoR
f) Form of Appeal:
a. Every appeal under (a) and (c) above shall be as per Annexure-20 along with as many
copies as there are respondents in the appeal.
b. Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying
the facts stated in the appeal and proof of payment of fee.
c. Every appeal may be presented to First Appellate Authority or Second Appellate Authority,
as the case may be, in person or through registered post or authorised representative.
g) Fee for Appeal: Fee for filing appeal:
a. Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall
be rupees ten thousand, which shall be non-refundable.
b. The fee shall be paid in the form of bank demand draft or banker’s cheque of a Scheduled
Bank payable in the name of Appellate Authority concerned.
h) Procedure for disposal of appeal:
a. The First Appellate Authority or Second Appellate Authority, as the case may be, upon
filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents,
if any, to the respondents and fix date of hearing.
b. On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority,
as the case may be, shall,-
i. hear all the parties to appeal present before him; and
ii. Peruse or inspect documents, relevant records or copies thereof relating to the
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matter.
c. After hearing the parties, perusal or inspection of documents and relevant records or
copies thereof relating to the matter, the Appellate Authority concerned shall pass an
order in writing and provide the copy of order to the parties to appeal free of cost.
d. The order passed under (c) shall also be placed on the State Public Procurement Portal.
i) No information which would impair the protection of essential security interests of India, or
impede the enforcement of law or fair competition, or prejudice the legitimate commercial
interests of the bidder or the procuring entity, shall be disclosed in a proceeding under an appeal.
36) Stay of procurement proceedings
While hearing of an appeal, the officer or authority hearing the appeal may, on an application made in
this behalf and after affording a reasonable opportunity of hearing to the parties concerned, stay the
procurement proceedings pending disposal of the appeal, if he, or it, is satisfied that failure to do so is
likely to lead to miscarriage of justice.
37) Vexatious Appeals & Complaints
Whoever intentionally files any vexatious, frivolous or malicious appeal or complaint under the “The
Rajasthan Transparency Public Procurement Act 2012”, with the intention of delaying or defeating
any procurement or causing loss to any procuring entity or any other bidder, shall be punished with
fine which may extend to twenty lakh rupees or five per cent of the value of procurement, whichever
is less.
38) Offenses by Firms/ Companies
a) Where an offence under “The Rajasthan Transparency Public Procurement Act 2012” has been
committed by a company, every person who at the time the offence was committed was in
charge of and was responsible to the company for the conduct of the business of the company,
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as well as the company, shall be deemed to be guilty of having committed the offence and shall
be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable for any
punishment if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
b) Notwithstanding anything contained in (a) above, where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent
or connivance of or is attributable to any neglect on the part of any director, manager, secretary
or other officer of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of having committed such offence and shall be liable to be proceeded
against and punished accordingly.
c) For the purpose of this section-
a. "company" means a body corporate and includes a limited liability partnership, firm,
registered society or co- operative society, trust or other association of individuals; and
b. "director" in relation to a limited liability partnership or firm, means a partner in the firm.
d) Abetment of certain offenses: Whoever abets an offence punishable under this Act, whether or
not that offence is committed in consequence of that abetment, shall be punished with the
punishment provided for the offence.
time being in force, for causing any loss of life or property or causing a threat to public
health as part of execution of a public procurement contract.
b) A bidder debarred under (a) above shall not be eligible to participate in a procurement process of
any procuring entity for a period not exceeding three years commencing from the date on which
he was debarred.
c) If a procuring entity finds that a bidder has breached the code of integrity prescribed in terms of
“Code of Integrity for bidders” above, it may debar the bidder for a period not exceeding three
years.
d) Where the entire bid security or the entire performance security or any substitute thereof, as the
case may be, of a bidder has been forfeited by a procuring entity in respect of any procurement
process or procurement contract, the bidder may be debarred from participating in any
procurement process undertaken by the procuring entity for a period not exceeding three years.
e) The State Government or a procuring entity, as the case may be, shall not debar a bidder under
this section unless such bidder has been given a reasonable opportunity of being heard.
40) Monitoring of Contract
a) An officer or a committee of officers named Contract Monitoring Committee (CMC) may be
nominated by procuring entity to monitor the progress of the contract during its delivery period.
b) During the delivery period the CMC shall keep a watch on the progress of the contract and shall
ensure that quantity of goods and service delivery is in proportion to the total delivery period
given, if it is a severable contract, in which the delivery of the goods and service is to be obtained
continuously or is batched. If the entire quantity of goods and service is to be delivered in the
form of completed work or entire contract like fabrication work, the process of completion of
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work may be watched and inspections of the selected bidder’s premises where the work is being
completed may be inspected.
c) If delay in delivery of goods and service is observed a performance notice would be given to the
selected bidder to speed up the delivery.
d) Any change in the constitution of the firm, etc. shall be notified forth with by the contractor in
writing to the procuring entity and such change shall not relieve any former member of the firm,
etc., from any liability under the contract.
e) No new partner/ partners shall be accepted in the firm by the selected bidder in respect of the
contract unless he/ they agree to abide by all its terms, conditions and deposits with the
procuring entity through a written agreement to this effect. The bidder’s receipt for
acknowledgement or that of any partners subsequently accepted as above shall bind all of them
and will be sufficient discharge for any of the purpose of the contract.
f) The selected bidder shall not assign or sub-let his contract or any substantial part thereof to any
other agency without the permission of procuring entity.
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i) “Related Services” means the services incidental to the supply of the goods, such as insurance,
installation, training and initial maintenance and other similar obligations of the successful/ selected
bidder under the Contract.
j) “Subcontractor” means any natural person, private or government entity, or a combination of the
above, including its legal successors or permitted assigns, to whom any part of the Goods to be
supplied or execution of any part of the related services is subcontracted by the successful/ selected
bidder.
k) “Supplier/ Successful or Selected bidder” means the person, private or government entity, or a
combination of the above, whose Bid to perform the Contract has been accepted by the Purchaser and
is named as such in the Agreement, and includes the legal successors or permitted assigns of the
successful/ selected bidder.
l) “The Site,” where applicable, means the designated project place(s) named in the bidding document.
Note: The bidder shall be deemed to have carefully examined the conditions, specifications, size, make and
drawings, etc., of the goods to be supplied and related services to be rendered. If the bidder has any
doubts as to the meaning of any portion of these conditions or of the specification, drawing, etc., he shall,
before submitting the Bid and signing the contract refer the same to the procuring entity and get
clarifications.
1) Contract Documents
Subject to the order of precedence set forth in the Agreement, all documents forming the Contract
(and all parts thereof) are intended to be correlative, complementary, and mutually explanatory.
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2) Interpretation
a) If the context so requires it, singular means plural and vice versa.
b) Entire Agreement: The Contract constitutes the entire agreement between the Purchaser and the
Supplier/ Selected bidder and supersedes all communications, negotiations and agreements
(whether written or oral) of parties with respect thereto made prior to the date of Contract.
c) Amendment: No amendment or other variation of the Contract shall be valid unless it is in writing,
is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each
party thereto.
d) Non-waiver: Subject to the condition (f) below, no relaxation, forbearance, delay, or indulgence by
either party in enforcing any of the terms and conditions of the Contract or the granting of time by
either party to the other shall prejudice, affect, or restrict the rights of that party under the
Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of
any subsequent or continuing breach of Contract.
e) Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated,
and signed by an authorized representative of the party granting such waiver, and must specify the
right and the extent to which it is being waived.
f) Severability: If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the Contract.
3) Language
a) The Contract as well as all correspondence and documents relating to the Contract exchanged by
the successful/ selected bidder and the Purchaser, shall be written in English language only.
Supporting documents and printed literature that are part of the Contract may be in another
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language provided they are accompanied by an accurate translation of the relevant passages in the
language specified in the special conditions of the contract, in which case, for purposes of
interpretation of the Contract, this translation shall govern.
b) The successful/ selected bidder shall bear all costs of translation to the governing language and all
risks of the accuracy of such translation.
4) Eligible Goods and Related Services
a) For purposes of this Clause, the term “goods” includes commodities, raw material, machinery,
equipment, and industrial plants; and “related services” includes services such as insurance,
transportation, supply, installation, integration, testing, commissioning, training, and initial
maintenance.
b) All articles/ goods being bid, other than those marked in the Bill of Material (BoM) should be the
ones which are produced in volume and are used by a large number of users in India/ abroad. All
products quoted by the successful/ selected bidder must be associated with specific make and
model number, item code and names and with printed literature describing configuration and
functionality. Any deviation from the printed specifications should be clearly mentioned in the
offer document by the bidder/ supplier. Also, the bidder is to quote/ propose only one make/
model against the respective item.
c) The OEM/ Vendor of the quoted product must have its own registered spares depot in India having
adequate inventory of the equipment being quoted for providing the necessary spares as per the
requirements of the bidding document.
d) Bidder must quote products in accordance with above clause “Eligible goods and related services”.
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5) Notices
a) Any notice given by one party to the other pursuant to the Contract shall be in writing to the
address specified in the contract. The term “in writing” means communicated in written form with
proof of dispatch and receipt.
b) A Notice shall be effective when delivered or on the Notice’s effective date, whichever is later.
6) Service of Notices Documents & Orders
A. Any notice given by one party to the other pursuant to the Contract shall be in writing to the
address specified in the contract. The term “in writing” means communicated in written form with
proof of dispatch and receipt.
B. A notice, document or order shall be deemed to be served on any individual by –
a. delivering it to the person personally; or
b. leaving it at, or sending it by post/authorised e-mail to, the address of the place of
residence or business of the person last known;
c. On a body corporate by leaving it at, or sending it by post/authorised e-mail to, the
registered office of the body corporate.
C. A Notice shall be effective when delivered or on the Notice’s effective date, whichever is later.
7) Governing Law
The Contract shall be governed by and interpreted in accordance with the laws of the Rajasthan State/
the Country (India), unless otherwise specified in the contract.
8) Scope of Supply
a) Subject to the provisions in the bidding document and contract, the goods and related services to
be supplied shall be as specified in the bidding document.
b) Unless otherwise stipulated in the Contract, the scope of supply shall include all such items not
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specifically mentioned in the Contract but that can be reasonably inferred from the Contract as
being required for attaining delivery and completion of the goods and related services as if such
items were expressly mentioned in the Contract.
c) The bidder shall not quote and supply and hardware/ software that is likely to be declared as End
of Sale in next 6 months and End of Service/ Support for a period of 6 Years from the last date of
bid submission. OEMs are required to mention this in the MAF for all the quoted hardware/
software. If any of the hardware/ software is found to be declared as End of Sale/ Service/ Support,
then the bidder shall replace all such hardware/ software with the latest ones having equivalent or
higher specifications without any financial obligation to the purchaser.
9) Delivery & Installation
a) Subject to the conditions of the contract, the delivery of the goods and completion of the related
services shall be in accordance with the delivery and completion schedule specified in the bidding
document. The details of supply/ shipping and other documents to be furnished by the successful/
selected bidder are specified in the bidding document and/ or contract.
b) 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 an opportunity to the bidder of being heard and
recording the reasons for repudiation.
c) The Supplier/ Selected Bidder shall arrange to supply, install and commission the ordered
materials/ system as per specifications within the specified delivery/ completion period at various
departments and/ or their offices/ locations mentioned in the PO/ WO.
d) Shifting the place of Installation: The user will be free to shift the place of installation within the
same city /town/ district/ division. The successful/ selected bidder shall provide all assistance,
except transportation, in shifting of the equipment. However, if the city/town is changed,
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additional charges of assistance in shifting and providing maintenance services for remaining
period would be decided mutually.
10) Supplier’s/ Selected Bidder’s Responsibilities
The Supplier/ Selected Bidder shall supply all the goods and related services included in the scope of
supply in accordance with the provisions of bidding document and/ or contract.
11) Purchaser’s Responsibilities
a) Whenever the supply of goods and related services requires that the Supplier/ Selected Bidder
obtain permits, approvals, and import and other licenses from local public authorities, the
Purchaser shall, if so required by the Supplier/ Selected Bidder, make its best effort to assist the
Supplier/ Selected Bidder in complying with such requirements in a timely and expeditious manner.
b) The Purchaser shall pay all costs involved in the performance of its responsibilities, in accordance
with the general and special conditions of the contract.
12) Contract Price
a) The Contract Price shall be paid as specified in the contract subject to any additions and
adjustments thereto, or deductions there from, as may be made pursuant to the Contract.
b) Prices charged by the Supplier/ Selected Bidder for the Goods delivered and the Related Services
performed under the Contract shall not vary from the prices quoted by the Supplier/ Selected
Bidder in its bid, with the exception of any price adjustments authorized in the special conditions of
the contract.
13) Recoveries from Supplier/ Selected Bidder
a) Recovery of liquidated damages, short supply, breakage, rejected articles shall be made ordinarily
from bills.
b) The Purchase Officer shall withhold amount to the extent of short supply, broken/ damaged or for
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rejected articles unless these are replaced satisfactorily. In case of failure to withhold the amount,
it shall be recovered from his dues and performance security deposit available under this contract
with tendering authority.
c) The balance, if any, shall be demanded from the Supplier/ Selected Bidder and when recovery is
not possible, the Purchase Officer shall take recourse to law in force.
14) Copyright
The copyright in all drawings, design documents, source code and other materials containing data and
information furnished to the Purchaser by the Supplier/ Selected Bidder herein shall remain vested in
the Purchaser, or, if they are furnished to the Purchaser directly or through the Supplier/ Selected
Bidder by any third party, including suppliers of materials, the copyright in such materials shall remain
vested in such third party.
15) Confidential Information
a) The Purchaser and the Supplier/ Selected Bidder shall keep confidential and shall not, without the
written consent of the other party hereto, divulge to any third party any drawings, documents,
data, or other information furnished directly or indirectly by the other party hereto in connection
with the Contract, whether such information has been furnished prior to, during or following
completion or termination of the Contract.
b) The Supplier/ Selected Bidder may furnish to its Subcontractor, if permitted, such documents, data,
and other information it receives from the Purchaser to the extent required for the Subcontractor
to perform its work under the Contract, in which event the Supplier/ Selected Bidder shall obtain
from such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier/
Selected Bidder.
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c) The Purchaser shall not use such documents, data, and other information received from the
Supplier/ Selected Bidder for any purposes unrelated to the Contract. Similarly, the Supplier/
Selected Bidder shall not use such documents, data, and other information received from the
Purchaser for any purpose other than the design, procurement, or other work and services
required for the performance of the Contract.
d) The obligation of a party under sub-clauses above, however, shall not apply to information that: -
i. the Purchaser or Supplier/ Selected Bidder need to share with tendering authority or other
institutions participating in the Contract;
ii. now or hereafter enters the public domain through no fault of that party;
iii. can be proven to have been possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party; or
iv. otherwise lawfully becomes available to that party from a third party that has no obligation of
confidentiality.
e) The above provisions shall not in any way modify any undertaking of confidentiality given by either
of the parties hereto prior to the date of the Contract in respect of the supply or any part thereof.
f) The provisions of this clause shall survive completion or termination, for whatever reason, of the
Contract.
16) Sub-contracting
a) The bidder shall not assign or sub-let his contract or any substantial part thereof to any other
agency without the permission of Purchaser/ Tendering Authority.
b) If permitted, the selected bidder shall notify the Purchaser, in writing, of all subcontracts awarded
under the Contract, if not already specified in the Bid. Subcontracting shall in no event relieve the
Supplier/ Selected Bidder from any of its obligations, duties, responsibilities, or liability under the
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Contract.
c) Subcontractors, if permitted, shall comply with the provisions of bidding document and/ or
contract.
17) Specifications and Standards
a) All articles supplied shall strictly conform to the specifications, trademark laid down in the bidding
document and wherever articles have been required according to ISI/ ISO/ other applicable
specifications/ certifications/ standards, those articles should conform strictly to those
specifications/ certifications/ standards. The supply shall be of best quality and description. The
decision of the competent authority/ purchase committee whether the articles supplied conform
to the specifications shall be final and binding on the supplier/ selected bidder.
b) Technical Specifications and Drawings
i. The Supplier/ Selected Bidder shall ensure that the goods and related services comply with the
technical specifications and other provisions of the Contract.
ii. The Supplier/ Selected Bidder shall be entitled to disclaim responsibility for any design, data,
drawing, specification or other document, or any modification thereof provided or designed by
or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser.
iii. The goods and related services supplied under this Contract shall conform to the standards
mentioned in bidding document and, when no applicable standard is mentioned, the standard
shall be equivalent or superior to the official standards whose application is appropriate to the
country of origin of the Goods.
c) Wherever references are made in the Contract to codes and standards in accordance with which it
shall be executed, the edition or the revised version of such codes and standards shall be those
specified in the bidding document. During Contract execution, any changes in any such codes and
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standards shall be applied only after approval by the Purchaser and shall be treated in accordance
with the general conditions of the contract.
d) The supplier/ selected bidder must certify that all the goods are new, unused, and of the agreed
make and models, and that they incorporate all recent improvements in design and materials,
unless provided otherwise in the Contract.
e) The supplier/ selected bidder should further warrant that the Goods shall be free from defects
arising from any act or omission of the supplier/ selected bidder or arising from design, materials,
and workmanship, under normal use in the conditions prevailing in the place of final destination.
a) After successful inspection, it will be supplier’s/ selected bidder’s responsibility to dispatch and
install the equipment at respective locations without any financial liability to the Purchaser.
However, supplies when received at respective locations shall be subject to inspection to ensure
whether they conform to the specification.
18) Roles and Responsibilities
Process of Service delivery and Roles & Responsibility are as hereunder:
Progress Reviews
Coordination of design drawing delivery
~ Responsibility: DoIT&C and Uptime Institute Professional Services
E-mail or courier of full design document package to Uptime Institute Professional Services
offices
~ Responsibility: DoIT&C
Review of design package
~ Responsibility: Uptime Institute Professional Services
Report writing
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Please note that if a return (second) trip to the facility is required, this will necessitate
additional scope at additional fee
~ Responsibility: DoIT&C& Uptime Institute Professional Services
19) Extension in Delivery Period and Liquidated Damages (LD)
a) Except as provided under clause “Force Majeure”, if the supplier/ selected bidder fails to deliver
any or all of the Goods or perform the Related Services within the period specified in the Contract,
the Purchaser may without prejudice to all its other remedies under the Contract, deduct from the
Contract Price, as liquidated damages, a sum equivalent to the percentage specified in (d) below
for each week or part thereof of delay until actual delivery or performance, up to a maximum
deduction of the percentage specified in the bidding document and/ or contract. Once the
maximum is reached, the Purchaser may terminate the Contract pursuant to clause “Termination”.
b) The time specified for delivery in the bidding document shall be deemed to be the essence of the
contract and the supplier/ selected bidder shall arrange goods supply and related services within
the specified period.
c) Delivery and installation/ completion period may be extended with or without liquidated damages,
if the delay in the supply of goods or service is on account of hindrances beyond the control of the
supplier/ selected bidder.
i. The supplier/ selected bidder shall request in writing to the Purchaser giving reasons for
extending the delivery period of service, if he finds himself unable to complete the supply of
goods or service within the stipulated delivery period or is unable to maintain prorate progress
in the supply of goods or service delivery. This request shall be submitted as soon as a
hindrance in delivery of goods and service occurs or within 15 days from such occurrence but
before expiry of stipulated period of completion of delivery of goods and service after which
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vi. If tendering authority is in need of the good and/ or service rendered after expiry of the
stipulated delivery period, it may accept the services and issue a letter of extension in delivery
period with usual liquidated damages and denial clauses to regularize the transaction.
d) In case of extension in the delivery of services period/ completion period with liquidated damages,
the recovery shall be made on the basis of following percentages of value of works which supplier
has failed to complete: -
a. Delay up to one fourth period of the prescribed delivery period, successful 2.5%
completion of work
b. Delay exceeding one fourth but not exceeding half of the prescribed completion 5.0%
of work.
c. Delay exceeding half but not exceeding three fourth of the prescribed delivery 7.5%
period, successful completion of work.
d. Delay exceeding three fourth of the prescribed delivery period, successful 10.0%
completion of work.
20) Patent Indemnity
a) The supplier/ selected bidder shall, subject to the Purchaser’s compliance with sub-clause (b)
below, indemnify and hold harmless the Purchaser and its employees and officers from and against
any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs,
and expenses of any nature, including attorney’s fees and expenses, which the Purchaser may
suffer as a result of any infringement or alleged infringement of any patent, utility model,
registered design, trademark, copyright, or other intellectual property right registered or otherwise
existing at the date of the Contract by reason of: -
i. the installation of the Goods by the supplier/ selected bidder or the use of the Goods in the
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copyright, or other intellectual property right registered or otherwise existing at the date of the
Contract arising out of or in connection with any design, data, drawing, specification, or other
documents or materials provided or designed by or on behalf of the Purchaser.
21) Limitation of Liability
Except in cases of gross negligence or wilful default: -
a) neither party shall be liable to the other party for any indirect or consequential loss or damage, loss
of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not
apply to any obligation of the supplier/ selected bidder to pay liquidated damages to the
Purchaser; and
b) the aggregate liability of the supplier/ selected bidder to the Purchaser, whether under the
Contract, in tort, or otherwise, shall not exceed the amount specified in the Contract, provided that
this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any
obligation of the supplier/ selected bidder to indemnify the Purchaser with respect to patent
infringement.
22) Force Majeure
a) The supplier/ selected bidder shall not be liable for forfeiture of its PSD, LD, or termination for
default if and to the extent that it’s 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 or situation beyond the control of
the supplier/ selected bidder that is not foreseeable, is unavoidable, and its origin is not due to
negligence or lack of care on the part of the supplier/ selected bidder. Such events may include,
but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions, and freight embargoes.
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c) If a Force Majeure situation arises, the supplier/ selected bidder shall promptly notify the
tendering authority in writing of such conditions and cause thereof within 15 days of occurrence of
such event. Unless otherwise directed by tendering authority, the supplier/ selected bidder shall
continue to perform its obligations under the contract as far as reasonably practical.
d) If the performance in whole or part or any obligation under the contract is prevented or delayed by
any reason of Force Majeure for a period exceeding 60 days, either party at its option may
terminate the contract without any financial repercussion on either side.
e) In case a Force Majeure situation occurs with the tendering authority, the tendering authority may
take the case with the supplier/ selected bidder on similar lines.
23) Change Orders and Contract Amendments
a) The Purchaser may at any time order the supplier/ selected bidder through Notice in accordance
with clause “Notices” above, to make changes within the general scope of the Contract in any one
or more of the following: -
i. drawings, designs, or specifications, where Goods to be furnished under the Contract are to be
specifically manufactured for the Purchaser;
ii. the method of shipment or packing;
iii. the place of delivery; and
iv. the related services to be provided by the supplier/ selected bidder.
b) If any such change causes an increase or decrease in the cost of, or the time required for, the
supplier’s/ selected bidder’s performance of any provisions under the Contract, an equitable
adjustment shall be made in the Contract Price or in the Delivery and Completion Schedule, or
both, and the Contract shall accordingly should be amended. Any claims by the supplier/ selected
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bidder for adjustment under this clause must be asserted within thirty (30) days from the date of
the supplier’s/ selected bidder’s receipt of the Purchaser’s change order.
c) Prices to be charged by the supplier/ selected bidder for any related services that might be needed
but which were not included in the Contract shall be agreed upon in advance by the parties and
shall not exceed the prevailing rates charged to other parties by the supplier/ selected bidder for
similar services.
24) Termination
a) Termination for Default
i. The tender sanctioning authority of tendering authority may, without prejudice to any other
remedy for breach of contract, by a written notice of default of at least 30 days sent to the
supplier/ selected bidder, terminate the contract in whole or in part: -
a. If the supplier/ selected bidder fails to deliver any or all quantities of the service within the
time period specified in the contract, or any extension thereof granted by tendering
authority; or
b. If the supplier/ selected bidder fails to perform any other obligation under the contract
within the specified period of delivery of service or any extension granted thereof; or
c. If the supplier/ selected bidder, in the judgement of the Purchaser, is found to be engaged
in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the
contract.
d. If the supplier/ selected bidder commits breach of any condition of the contract.
ii. If tendering authority terminates the contract in whole or in part, amount of PSD may be
forfeited.
iii. Before cancelling a contract and taking further action, advice of senior most finance person
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available in the office and of legal adviser or legal assistant posted in the office, if there is one,
may be obtained.
iv. As on effective date of termination, Tendering Authority may pay:
a. The unpaid value of all the assets supplied by the Bidder and accepted by the
purchaser in accordance with the RFP specifications in order to take over the
possession of the assets / application.
b. All the services delivered by the Bidder and accepted by the purchaser, the
consideration payable shall be based on service rate as per agreement.
b) Termination for Insolvency
Tendering authority may at any time terminate the Contract by giving a written notice of at least
30 days to the supplier/ selected bidder, if the supplier/ selected bidder becomes bankrupt or
otherwise insolvent. In such event, termination will be without compensation to the supplier/
selected bidder, provided that such termination will not prejudice or affect any right of action or
remedy that has accrued or will accrue thereafter to tendering authority.
c) Termination for Convenience (Applicable for O & M period Only)
i. Tendering authority, by a written notice of at least 30 days sent to the supplier/ selected
bidder, may terminate the Contract, in whole or in part, at any time for its convenience. The
Notice of termination shall specify that termination is for the Purchaser’s convenience, the
extent to which performance of the supplier/ selected bidder under the Contract is terminated,
and the date upon which such termination becomes effective.
ii. As on effective date of termination, Tendering Authority may pay all the services delivered by
the Bidder and accepted by the purchaser, the consideration payable shall be based on service
rate as per agreement.
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management phase shall be entitled to serve notice in writing to the selected bidder at any
time during the exit management period requiring the selected bidder to provide tendering
authority or its nominated agencies with a complete and up-to-date list of the assets within
30 days of such notice.
iv. Upon service of a notice, as mentioned above, the following provisions shall apply: -
a. In the event, if the assets which to be transferred to tendering authority mortgaged to
any financial institutions by the selected bidder, the selected bidder shall ensure that all
such liens and liabilities have been cleared beyond any doubt, prior to such transfer. All
documents regarding the discharge of such lien and liabilities shall be furnished to
tendering authority or its nominated agencies.
b. All title of the assets to be transferred to tendering authority or its nominated agencies
pursuant to clause(s) above shall be transferred on the last day of the exit management
period. All expenses occurred during transfer of assets shall be borne by the selected
bidder.
c. That on the expiry of this clause, the selected bidder and any individual assigned for the
performance of the services under this clause shall handover or cause to be handed over
all confidential information and all other related material in its possession, including the
entire established infrastructure supplied by selected bidder to tendering authority.
d. That the products and technology delivered to tendering authority during the contract
term or on expiry of the contract duration should not be sold or re-used or copied or
transferred by selected bidder to other locations apart from the locations mentioned in
the this bidding document without prior written notice and approval of tendering
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authority. Supplied hardware, software & documents etc., used by selected bidder for
tendering authority shall be the legal properties of tendering authority.
3. Cooperation and Provision of Information during the exit management period
i. The selected bidder will allow tendering authority or its nominated agencies access to the
information reasonably required to define the current mode of operation associated with
the provision of the services to enable tendering authority or its nominated agencies to
assess the existing services being delivered.
ii. The selected bidder shall provide access to copies of all information held or controlled by
them which they have prepared or maintained in accordance with the Project
Implementation, the Operation and Management SLA and SOWs relating to any material
aspect of the services provided by the selected bidder. Tendering authority or its nominated
agencies shall be entitled to copy all such information comprising of details pertaining to the
services rendered and other performance data. The selected bidder shall permit tendering
authority or its nominated agencies and/ or any replacement operator to have reasonable
access to its employees and facilities as reasonably required by tendering authority or its
nominated agencies to understand the methods of delivery of the services employed by the
selected bidder and to assist appropriate knowledge transfer.
4. Confidential Information, Security and Data
The selected bidder will promptly on the commencement of the exit management period supply
to tendering authority or its nominated agencies the following:
i. Documentation relating to Intellectual Property Rights;
ii. Project related data and confidential information;
iii. All current and updated data as is reasonably required for purposes of tendering authorityor
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its nominated agencies transitioning the services to its replacement selected bidder in a
readily available format nominated by tendering authority or its nominated agencies; and
iv. All other information (including but not limited to documents, records and agreements)
relating to the services reasonably necessary to enable tendering authority or its nominated
agencies, or its replacement operator to carry out due diligence in order to transition the
provision of the services to tendering authority or its nominated agencies, or its replacement
operator (as the case may be).
v. Before the expiry of the exit management period, the selected bidder shall deliver to
tendering authority or its nominated agencies all new or up-dated materials from the
categories set out above and shall not retain any copies thereof, except that the selected
bidder shall be permitted to retain one copy of such materials for archival purposes only.
5. Transfer of certain agreements
i. On request by Procuring entity or its nominated agencies, the selected bidder shall effect
such assignments, transfers, innovations, licenses and sub-licenses as Procuring entity or its
nominated agencies may require in favour of procuring entity or its nominated agencies, or
its replacement operator in relation to any equipment lease, maintenance or service
provision agreement between selected bidder and third party leasers, operators, or
operator, and which are related to the services and reasonably necessary for carrying out of
the replacement services by tendering authority or its nominated agencies, or its
replacement operator.
ii. Right of Access to Premises: At any time during the exit management period and for such
period of time following termination or expiry of the SLA, where assets are located at the
selected bidder’s premises, the selected bidder will be obliged to give reasonable rights of
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access to (or, in the case of assets located on a third party's premises, procure reasonable
rights of access to tendering authority or its nominated agencies, and/ or any replacement
operator in order to inventory the assets.
6. General Obligations of the selected bidder
i. The selected bidder shall provide all such information as may reasonably be necessary to
effect as seamless during handover as practicable in the circumstances to tendering
authority or its nominated agencies or its replacement operator and which the operator has
in its possession or control at any time during the exit management period.
ii. The selected bidder shall commit adequate resources to comply with its obligations under
this Exit Management Clause.
7. Exit Management Plan
i. The selected bidder shall provide tendering authority or its nominated agencies with a
recommended exit management plan ("Exit Management Plan") which shall deal with at
least the following aspects of exit management in relation to the SLA as a whole and in
relation to the Project Implementation, the Operation and Management SLA and SOWs.
ii. A detailed program of the transfer process that could be used in conjunction with a
replacement operator including details of the means to be used to ensure continuing
provision of the services throughout the transfer process or until the cessation of the
services and of the management structure to be used during the transfer; and
iii. Plans for the communication with such of the selected bidder's, staff, suppliers, customers
and any related third party as are necessary to avoid any material detrimental impact on
tendering authority operations as a result of undertaking the transfer; and
iv. If applicable, proposed arrangements and Plans for provision of contingent support in terms
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of business continuance and hand holding during the transition period, to tendering
authority or its nominated agencies, and Replacement Operator for a reasonable period, so
that the services provided continue and do not come to a halt.
v. The Bidder shall re-draft the Exit Management Plan annually after signing of contract to
ensure that it is kept relevant and up to date.
vi. Each Exit Management Plan shall be presented by the selected bidder to and approved by
tendering authority or its nominated agencies.
vii. In the event of termination or expiry of SLA, Project Implementation, Operation and
Management SLA or SOWs each party shall comply with the Exit Management Plan.
viii. During the exit management period, the selected bidder shall use its best efforts to deliver
the services.
ix. Payments during the Exit Management period shall be made in accordance with the Terms of
Payment Clause.
x. It would be the responsibility of the selected bidder to support new operator during the
transition period.
26) Settlement of Disputes
General: If any dispute arises between the successful bidder/ selected bidder and tendering
authority during the execution of a contract that should be settled by the Arbitration and
Conciliation Act 1996, the rules there under and any statutory modification or re-enactment’s
thereof, shall apply to the arbitration proceedings.
a) Legal Jurisdiction: All legal proceedings arising out of any dispute between both the parties
regarding a contract shall be settled by a competent court having jurisdiction over the place, where
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agreement has been executed i.e. at Jaipur and by no other court, after decision of the standing
committee for settlement of disputes.
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The selected bidder’s request for payment shall be made to the purchaser in writing, accompanied by
invoices describing, as appropriate, the goods delivered and related services performed, and by the
required documents submitted pursuant to general conditions of the contract and upon fulfilment of all
the obligations stipulated in the Contract.
a) Due payments shall be made promptly by the purchaser, generally within thirty (30) days after
submission of request for payment along with an invoice and all other requisite documents by the
supplier/ selected bidder (which will be forwarded for audit to the Third party Auditor), after
receipt of third party audit report and its acceptance by the purchaser.
b) The currency or currencies in which payments shall be made to the supplier/ selected bidder under
this Contract shall be USD (United States Dollar) only.
c) In case of disputed items, the disputed amount shall be withheld and will be paid only after
settlement of the dispute.
d) Payment in case of those goods which need testing shall be made only when such tests have been
carried out, test results received conforming to the prescribed specification.
e) Any penalties/ liquidated damages, as applicable, for delay and non-performance, as mentioned in
this bidding document, will be deducted from the payments for the respective milestones.
f) Taxes, as applicable, will be deducted/ paid as per the prevalent rules and regulations.
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S.
No Cost Item Unit Quantity
.
1 2 3 4
1 Final Delivery of Tier Certification of Design Documents Reports, Construction
Facility Demonstration Reports, Operational Sustainability Reports and Lot 1
Trainings.
Note: Rates would be inclusive of all taxes, duties and levies, if applicable.
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1) Addressed to:
Name of the Tendering Technical Director
Authority
Address DoIT&C, GoR, IT Building, Yojana Bhawan Campus, Tilak Marg, C-Scheme,
Jaipur (Rajasthan)
Telephone 5103902, 2226055
Tele Fax 0141-2228701
Email jschoudhary.doit@rajasthan.gov.in
(please mention the NIB no. in the subject)
2) Firm Details:
Name of Firm
Name of CMD of the firm with email id, contact
number
Name of Authorized Contact Person with
Designation
Registered Office Address
Address of the Firm
Year of Establishment
Type of Firm Public Private Partnership Proprietary
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Telephone Number(s)
Email Address
Web-Site
Fax No.
Mobile Number
Certification/Accreditation/Affiliation, if Any
3) The requisite DoIT&C processing fee amounting to Rs. ________/- (Rupees <in words>) has been
deposited vide DD/BC/receipt no. _______ dated ___________.
4) We agree to abide by all the terms and conditions mentioned in this form issued by the Empanelment
Authority and also the further conditions of the said notice given in the attached sheets (all the pages
of which have been signed by us in token of acceptance of the terms mentioned therein along with
stamp of the firm).
Date:
Name & Seal of the firm: ________________________
Authorized Signatory: ___________________________
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To,
I/ We {Name/ Designation} hereby declare/ certify that {Name/ Designation} is hereby authorized to sign
relevant documents on behalf of the company/ firm in dealing with NIB reference No.
______________________ dated _________. He/ She is also authorized to attend meetings & submit
technical & commercial information/ clarifications as may be required by you in the course of processing
the Bid. For the purpose of validation, his/ her verified signatures are as under.
Thanking you,
Date:
Place:
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ANNEXURE-4: SELF-DECLARATION
{To be submitted by the bidder only on his Letter Head duly signed by Auth. Sign.}
To,
In response to the NIB Ref. No. _____________________________ dated ___________ for {Project Title},
as an Owner/ Partner/ Director/ Auth. Sign. of ____________________________________, I/ We hereby
declare that presently our Company/ firm _________________, at the time of bidding,: -
a) possess the necessary professional, technical, financial and managerial resources and
competence required by the Bidding Document issued by the Procuring Entity;
b) have fulfilled my/ our obligation to pay such of the taxes payable to the Union and the State
Government or any local authority as specified in the Bidding Document;
c) is having unblemished record and is not declared ineligible for corrupt & fraudulent practices
either indefinitely or for a particular period of time by any State/ Central government/ PSU/ UT.
d) does not have any previous transgressions with any entity in India or any other country during
the last three years
e) does not have any debarment by any other procuring entity
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f) is not insolvent in receivership, bankrupt or being wound up, not have its affairs administered by
a court or a judicial officer, not have its business activities suspended and is not the subject of
legal proceedings for any of the foregoing reasons;
g) does not have, and our directors and officers not have been convicted of any criminal offence
related to their professional conduct or the making of false statements or misrepresentations as
to their qualifications to enter into a procurement contract within a period of three years
preceding the commencement of the procurement process, or not have been otherwise
disqualified pursuant to debarment proceedings;
h) does not have a conflict of interest as mentioned in the bidding document which materially
affects the fair competition.
i) will comply with the code of integrity as specified in the bidding document.
If this declaration is found to be incorrect then without prejudice to any other action that may be taken as
per the provisions of the applicable Act and Rules thereto prescribed by GoR, my/ our security may be
forfeited in full and our bid, to the extent accepted, may be cancelled.
Thanking you,
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To,
Dear Sir,
1. I/We, the undersigned bidder, Having read & examined in detail, the Bid Document, the receipt of which
is hereby duly acknowledged, I/ we, the undersigned, offer to supply/ work as mentioned in the Scope
of the work, Technical specifications, Service Level Standards & in conformity with the said bidding
document for the same.
2. I/ We hereby declare that our bid is made in good faith, without collusion or fraud and the information
contained in the bid is true and correct to the best of our knowledge and belief.
3. I/ we hereby submit our token of acceptance to all the tender terms & conditions without any
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deviations. Hence, we are hereby submitting our Bid and offer to provide services to Purchaser for
carrying out the project in accordance with your RFP.
4. Until a formal contract is prepared and executed, this bid, together with your written acceptance
thereof and your notification of award shall constitute a binding Contract between us.
5. I/We agree to abide by this RFP for a period of 90 days from the closing date fixed for submission of bid
as stipulated in the RFP document.
6. I/We undertake that, in competing for (and, if the award is made to us, in executing) the above contract,
we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of
Corruption Act, 1988”.
7. I/We understand that the Purchaser is not bound to accept any bid received in response to this RFP.
8. In case we are engaged by the Purchaser, we shall provide any assistance/cooperation required by
Purchaser, appointed auditing agencies (if any), state government officials and Other Stakeholders of
the project for performing their duties with respect to this project. We understand that our non-
cooperation for the same shall be grounds for termination of service.
Thanking you,
Name of the Bidder: -
Authorised Signatory: -
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I/ We declare that I am/we are bonafide/ Authorised Agency recognized globally for Tier certification
standards for data center performance, Design, Construction, and Operational Sustainability along with its
Management & Operations reviews, methodology, and Efficient IT Stamp of Approval……………………………….
If this declaration is found to be incorrect then without prejudice to any other action that may be taken,
my/ our security may be forfeited in full and the bid, if any, to the extent accepted may be cancelled.
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To,
Dear Sir,
We, the undersigned bidder, Having read & examined in detail, the Bidding Document, the receipt of
which is hereby duly acknowledged, I/ we, the undersigned, offer to supply/ work as mentioned in the
Scope of the work, Bill of Material, Technical specifications, Service Level Standards & in conformity with
the said bidding document for the same.
I / We undertake that the prices are in conformity with the specifications prescribed. The quote/ price are
inclusive of all cost likely to be incurred for executing this work. The prices are inclusive of all type of govt.
taxes/duties.
I / We undertake, if our bid is accepted, to deliver the goods in accordance with the delivery schedule
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I/ We hereby declare that in case the contract is awarded to us, we shall submit the contract performance
guarantee as prescribed in the bidding document.
I / We agree to abide by this bid for a period of 90 days after the last date fixed for bid submission and it
shall remain binding upon us and may be accepted at any time before the expiry of that period.
Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof
and your notification of award shall constitute a binding Contract between us.
I/ We hereby declare that our bid is made in good faith, without collusion or fraud and the information
contained in the bid is true and correct to the best of our knowledge and belief.
We understand that you are not bound to accept the lowest or any bid you may receive.
We agree to all the terms & conditions as mentioned in the bidding document and submit that we have
not submitted any deviations in this regard.
Date:
Authorized Signatory
Name:
Designation:
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Sl. Item Quantity Units Unit Total Rate With GST in TOTAL AMOUNT In
No. Description Price Rs. Words
1 2 3 4 5 6=5 6=5
Note: Rates would be inclusive of all taxes, duties and levies, if applicable.
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This Contract is made and entered into on this ______day of ________, 2018 by and between Department
of Information Technology & Communications, Govt. of Rajasthan, having its head office at IT Building
Yojana Bhawan Campus, Tilak Marg, C-Scheme, Jaipur-302005, Rajasthan (herein after referred to as
Purchaser/ DoIT&C) which term or expression, unless excluded by or repugnant to the subject or context,
shall include his successors in office and assignees on ONE PART
And
M/s__________________, a company registered under _______________ with its registered office at
_____________________ (herein after referred as the “Successful Bidder/ Successful bidder”) which term
or expression, unless excluded by or repugnant to the subject or context, shall include his successors in
office and assignees on the OTHER PART.
Whereas,
Purchaser is desirous of appointing an agency for <project title>as per the Scope of Work and Terms and
Conditions as set forth in the RFP document dated _________ of <NIB No _________________>.
And whereas
The successful bidder represents that it has the necessary experience for carrying out the overall work /
Services as referred to herein and has submitted a bid and subsequent clarifications for providing the
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required services against said NIB and RFP document issued in this regard, in accordance with the terms
and conditions set forth herein and any other reasonable requirements of the Purchaser from time to
time.
And whereas
Purchaser has accepted the bid of successful bidder and has placed the Work Order / Letter of Intent (LoI)
vide Letter No. __________________dated _______, on which M/s__________ has given their acceptance
vide their Letter No._____________ dated ____________.
And whereas
The successful bidder has deposited a sum of Rs. ________________/- (Rupees _________________) in
the form of __________________ ref no. _________________ dated ______________ of ____________
Bank and valid up to _____________ as performance security for the due performance of the contract.
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along with its enclosures/ annexures and Technical Bid along with subsequent clarifications submitted
by supplier.
3. The DoIT&C do hereby agree that if supplier shall duly supply the said articles and provide related
services in the manner aforesaid observe and keep the said terms and conditions of the RFP and
Contract, the DoIT&C will pay or cause to be paid to supplier, at the time and the manner set forth in
the said conditions of the RFP, the amount payable for each and every project milestone & deliverable.
The mode of Payment will be as specified in the RFP document.
4. The timelines for the prescribed Scope of Work, requirement of services and deployment of technical
resources shall be effected from the date of work order i.e. ____________ and completed by supplier
within the period as specified in the RFP document.
5. In case of extension in the delivery of services period/ completion period with liquidated damages, the
recovery shall be made on the basis of following percentages of value of works which supplier has
failed to complete: -
a) Delay up to one fourth period of the prescribed delivery period, successful 2.5%
installation & completion of work
b) Delay exceeding one fourth but not exceeding half of the prescribed delivery 5.0%
period, successful installation & completion of work.
c) Delay exceeding half but not exceeding three fourth of the prescribed delivery 7.5%
period, successful installation & completion of work.
d) Delay exceeding three fourth of the prescribed delivery period, successful 10.0%
installation & completion of work.
Note:
i. Fraction of a day in reckoning period of delay in supplies/ maintenance services shall be
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In witness whereof the parties have caused this contract to be executed by their Authorized Signatories on
this _____day of _______________, 2018.
()
The Technical Director,
Designation:, Department of IT&C,
Company: Govt. of Rajasthan
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()
( )
Designation:
Designation:
Department of IT&C,
Company:
Govt. of Rajasthan
()
( )
Designation:
Designation:
Department of IT&C,
Company:
Govt. of Rajasthan
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1. Particulars of appellant:
a. Name of the appellant: <please specify>
b. Official address, if any: <please specify>
c. Residential address: <please specify>
2. Name and address of the respondent(s):
a. <please specify>
b. <please specify>
c. <please specify>
3. Number and date of the order appealed against and name and designation of the officer/ authority
who passed the order (enclose copy), or a statement of a decision, action or omission of the procuring
entity in contravention to the provisions of the Act by which the appellant is aggrieved: <please
specify>
4. If the Appellant proposes to be represented by a representative, the name and postal address of the
representative: <please specify>
5. Number of affidavits and documents enclosed with the appeal: <please specify>
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Place …………………………………….
Date ……………………………………
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BETWEEN
Department of Information Technology & Communications, Govt. of Rajasthan, having its head
office at IT Building Yojana Bhawan Campus, Tilak Marg, C-Scheme, Jaipur-302005, Rajasthan (herein after
referred to as Purchaser/ DoIT&C, which expression shall, unless repugnant to the context hereof or
excluded specifically, mean and include its successors, assigns and administrators) of the FIRST PART,
AND
Company Name, India (hereinafter referred to as ‘Successful Bidder/ Successful bidder/System
Integrator’, which expression shall, unless repugnant to the context hereof or excluded specifically, mean
and include its successors, assigns and administrators) of the SECOND PART.
WHEREAS
a. The DoIT&C wishes to appoint an agency for Selecting Agency for Tier-IV Certification for State Data
Centre, Rajasthan, India. For the purpose there will be a requirement to exchange certain information
related to or hosted in State Data Centre (SDC) or Disaster Recovery (DR) Site which is proprietary and
confidential information.
b. The DoIT&C is willing to disclose such information to only on the terms and conditions contained in
this Agreement. The SI agrees to hold the Covered Data and Information in strict confidence. SI shall
not use or disclose Covered Data and Information received from or on behalf of Government of
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“Supplier IP” means all methodologies, research, software, tools, compilers, specifications,
concepts, techniques, documentation and/or data utilized by Supplier in the performance of the
Services, together with any and all additions, enhancements, improvements or other
modifications thereto (whether or not made during the performance of the Services), and all
intellectual property rights therein, which (a) have been originated or developed by Supplier, any
of its Affiliates or Third Parties outside of the scope of the Services, or (b) have been purchased by
or licensed to Supplier. Supplier IP includes all patent, copyright, trade secret and other
intellectual property rights related to any of the foregoing. Nothing contained in the Agreement
or any Purchase Order, shall be construed to grant to Purchaser any right, title, license or other
interest (whether by estoppel, implication or otherwise), in any Supplier IP, except that (i)
Purchaser shall have the limited right and license to display the foil for any certification awarded,
and to use the Supplier name and trademark in connection therewith, and (ii) Purchaser shall
have the limited right and license to use Supplier IP, solely internally and for Purchaser’s internal
purposes, to the extent necessary for Purchaser to have the use of such reports and other
deliverables as provided in the applicable Purchase Order.”
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3. Business Obligation:
3.1. During the complete contract period and even after 3 years of the expiry of the agreement, the SI
shall not
a. Disclose Confidential Information in any manner or form to any person other than its own
employees for the limited purpose stated herein, or
b. Use Confidential Information for its own benefit or for the benefit of any person or entity
other than the DoIT&C, without the prior written consent of the DoIT&C.
3.2. Whereas, the DoIT&C as a matter of policy and with a view to operate and maintain DR Site has
given order to the SI Work Order Nofor Selecting Agency for establishment and maintenance of
Disaster Recovery Site (Design, Build, Operate & Maintain), Jodhpur. As specified in the service
level agreement (SLA).
3.3. Whereas, the DoIT&C under the circumstances referred, herein before, wants to protect itself
from any misuse of the confidential and proprietary information by the third party i.e. person or
persons (employees of SI), had entered into an agreement with the SI that the second party shall
not divulge such information either during the course of the life of this agreement or even after
the expiry of the agreement.
3.4. Whereas, the SI has agreed to fully abide by the terms of this non-disclosure agreement and it has
also been agreed by the parties that if there will be any breach or violation of the terms of
agreement vis-à-vis non-disclosure clause, the SI shall not only be liable for consequential costs
and damages but in addition to that will also be liable for criminal prosecution in accordance with
the prevailing laws.
3.5. Whereas, the SI having in his possession or control any secret official code or password or digital
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data or any sketch, plan, model, article, note, document or information which falls within the
purview of confidential or proprietary information, the SI shall not part with any part of such
information to anyone under any circumstances, whatsoever, without the prior approval of the
DoIT&C and if this is violated, the DoIT&C shall have the legal right to initiate civil and criminal
proceeding against it under the provisions of the relevant law.
3.6. Whereas, the DoIT&C shall have the entire control over the functioning of the SI and the SI shall
work according to the instruction of the DoIT&C and in case if this is violated by the SI in any
mode or manner, the DoIT&C shall have the legal right to initiate civil and criminal proceeding
against it under the provisions of the relevant law.
3.7. Whereas, if the SI permits any person or persons without permission of the DoIT&C to have –
a. Access or secures access to such computer, computer system or computer network which has
the connectivity with the confidential and proprietary information or;
b. Downloads, copies or extracts any data, computer data base or information from such
Database Server, Web Server, Computer System, networking equipments or Computer
Network including information or data held or stored in any removable storage medium which
has the connectivity with the confidential and proprietary information or;
c. Damages any Database Server or causes to damage any Database Server, Web Server,
computer system, computer network, data, data base or any other programmes residing in
such Server, computer system or computer network;
d. Denies or causes the denial of access to any authorized person of the DoIT&C to have access
to any computer system or computer network by any means;
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Shall be liable to pay damages by way of compensation and would also be liable for criminal
prosecution in accordance with the prevailing laws.
3.8 SI shall report to DoIT&C any use or disclosure of confidential and/or proprietary information/data
not authorized by this Agreement in writing by DoIT&C. SI shall make the report to DoIT&C within
not less than one (1) business day after SI learns of such use or disclosure. SI report shall identify:
a) The nature of the unauthorized use or disclosure,
b) The confidential and/or proprietary information/data used or disclosed,
c) Who made the unauthorized use or received the unauthorized disclosure,
d) What SI has done or shall do to mitigate any deleterious effect of the unauthorized use or
disclosure, and
e) What corrective action SI has taken or shall take to prevent future similar unauthorized use or
disclosure.
SI shall provide such other information, including a written report, as reasonably requested by
DoIT&C.
3.9 The SI hereby agrees and consents that temporary or permanent injunctive relief and/or an order of
specific performance may be granted in lieu of, or in addition to other available relief in any
proceeding brought by DoIT&C to enforce this Agreement, without the necessity of proof of actual
damages and without posting bond for such relief.
4. Dispute Resolution:
4.1. Whereas, both the parties have agreed that in the event of any dispute or differences arising in
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between the parties, the courts at Jaipur shall only have jurisdiction to adjudicate the
disputes/differences.
IN WITNESS WHERE OF the Parties here to have hereunto set their hands and seal the day and year first
above written.
Signed By: Signed By:
( )
( ) Designation:
Designation: Department of IT&C,
Company: Govt. of Rajasthan
( )
( ) Designation:
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