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ANNEXURE 1 PRE BID QUERIES AND THEIR RESPONSE 1. Suitable Modifications done in Tender Documents and Uploaded on the portal.

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Clause/ Content of RFP Clarification Sought Submitted By Decision Taken

1 Clause & Sub-Clause- Annexure-11

Page No.- 68

Manpower Requirement for Designing and Developing the Website and Application

Where the manpower will be deployed? Client side or on bidder premises

M/s Outline Systems India Private Limited

The mentioned manpower will be deployed at the Bidder's premises.

2 Clause & Sub-Clause-18 (Eligibility & Pre-Qualification Criteria)

Page No.-22

The Bidder Should have at least:- 1. Completed 4 IT Web Development Projects/ Mobile Application Projects in last 1 Year. 2. Completed Two IT Web Development Projects in Govt. sector at least 50% of the tender value. 3. Completed two IT Web Development Projects in Private sector limited companies/ Govt.recognized institutions equal to the tender value.

What is value of Project? M/s Outline Systems India Private Limited

Clause suitably amended. Other conditions remain the same.

3 Clause & Sub-Clause-18 (Offline Promotion )

Page No.- 41

E-rickshaw with branding and audio in city

Who will be Providing the print material and other required hardware?


The complete responsibility will be of the Implementation Agency

4 Clause & Sub-Clause-Online and

Page No.- 41

Unipolar rent with printing at one main locations in city

Who will be Providing the print material and other required hardware ?

M/s Outline Systems India Private


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Offline promotion

Limited

5 Clause & Sub-Clause-Online and Offline promotion

Page No.- 41

Cable TV advertisement in city Who will Provide the Scripting and Cast for this ?




Page No.- 41

Knopy promotions per location Who will be Providing the print material and other required hardware ?




Page No.- 41

Nukkad natak at one location Who will Provide the Scripting and Cast for this ?



8 Clause & Sub-Clause-Training and Certification

Page No.- 41

It should have a provision for online training and educational resources to help prepare job seekers for the Brass and other handicraft industry/marketplace

Who will Provide the Trainings ?


The online training responsibility will be of the Selected Bidder. It will be the responsibility of the Selected Bidder to prepare and get approval of the online training material as and when required.

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9 Clause & Sub-Clause-Training and Certification

Page No.- 41

To advance and improve job seeker skills, job seekers can use employment portals to enroll in online certificate/course, other state specific programs and industry relatedprograms through accredited institutions, such as Export Promotion Council for Handicrafts (EPCH), MSDE, Development Commissioner (Handicrafts) etc.

who will Provide online certificate/course


RFP Condition Prevails.

10 Clause & Sub-Clause-Broad Scope of Work

Page No.- 38

It should have quick and virtual helpdesk system for job support for job seeker’s

What kind of Helpdesk it will be ? 1. On call 2. Query and FA based ?




Page No.- 38

Provisions for Handicrafts related certification to job seeker for better career growth.

Who will be the certification authority ?




Page No.- 38

Conducting awareness program among the unemployment job seeker as well as Handicraft industry Employer of Moradabad City.

Who will be responsible for the Arrangements for the program

M/s Outline Systems India Private Limited.

It will be the responsibility of the Selected Bidder to make arrangements for the program.

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Page No.- 38

IVRS based quick registration, SMS based quick registration for those artesian who are not able to register through online portal and organizing Registration Camp for Career Mitra portal for those artesian who are not able to make their registration by own.

1. User can Register on Portal through IVRS ? 2. Who will be Responsible for organising Registration camps ? 3. Who will bear the cost of organising the events


1. Yes, The user will be able to register on the portal through IVRS with the help of helpdesk. 2. It will be the responsibility of the Service Provider. 3. It will be the responsibility of the Service Provider.


Page No.- 38

The SB will be responsible for online as well as offline promotion of Career Mitra portalfor initial one month after Go-live.

Who will be responsible for the Arrangements for the Promotions


It will be the responsibility of the Selected Bidder (Service Provider)

15 Clause & Sub-Clause-System admin

Page No- 40

Admin must be verify the identity of newly registered employer for registration acceptance.

What will be the Process of identity verification ? Physically document submission and verification or any online verification api


Will be finalized after awarding the contract by the concerned competent authority.

16 Clause & Sub-Clause- Clause-3 (DataSheet)

Page No.-35

Required QualificationB.Tech. in ECE/ IT/ CSE

Please allow BCA / MCA degree holders.

M/s Logikoof Technologies Pvt Ltd.


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Clause & Sub-Clause- 25 (Bid Evaluation Criteria and Selection Procedure)

Page No.-24

Overall Turn Over:- Financial Turn over more than 1.6 crores and less than 2 Crores will be awarded 10 marks. Turn over more than 2 crores and less than 2.5 Crores will be awarded 15 marks. Turn over more than 2.5 crores will be awarded 20 marks. OR Start up with Net Positive worth of Rs 5 to 7.5 lakhs will be awarded 10 marks. Net Positive worth between Rs 5 to 10 Lakhs will be awarded 15 marks. Net Positive worth above 10 Lakhs will be awarded 20 marks. (Maximum marks 20)

Overall Turn Over:- Financial Turn over more than 1.6 crores and less than 2 Crores will be awarded 10 marks. Turn over more than 2 crores and less than 2.5 Crores will be awarded 15 marks. Turn over more than 2.5 crores will be awarded 20 marks. OR Start up with Financial Turnover of Rs 25 to 50 lakhs will be awarded 10 marks. Turnover worth between Rs 50 to 70 Lakhs will be awarded 15 marks. Turnover worth above 70 Lakhs will be awarded 20 marks. (Maximum marks 20)

M/s Skyras Private Limited.


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Clause & Sub-Clause- 25 (Bid Evaluation Criteria and Selection Procedure)

Page No.-25

Relevant Project Experience:- 60% of Project Estimated Value will be awarded 15 marks 80% of the Project Estimated Value will be 25 marks 100 % of the Project Estimated Value will be 35 marks OR For Start-ups, executed projects of similar nature or any Projects in the domain of community services/ E-commerce/ Job Portal/ Education. 1 Project = 15 marks with every additional project = 10 marks, (Maximum 35 marks)

Relevant Project Experience:- 60% of Project Estimated Value will be awarded 15 marks 80% of the Project Estimated Value will be 25 marks 100 % of the Project Estimated Value will be 35 marks OR For Start-ups, executed projects of similar nature or any Projects in the domain of community services/ E-commerce/ Job Portal/ Education/web APP/Mobile APP. 1 Project = 15 marks with every additional project = 10 marks, (Maximum 35 marks)

M/s Skyras Private Limited.

Clause suitably amended. Other terms remain the same.

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Clause & Sub-Clause- 6 in Point no 18

Page No.-17

Start-ups will submit the positive Net worth certificate from registered CA.

As those startups which are registered in 2019 their Audited Report is not prepared and will prepare after March 2020 so Such Startups are not able to provide positive Net worth Certificate and also its very hard to make recently registered startup as profitable. So we request you Please Exempt Startups from this condition Or startup can Submit Declaration for not completion of Financial year till the time of bidding on project.

M/s Bhanusha Infosoft.


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Clause & Sub-Clause 3rd line in Point no 12

Page No.-14

For Start-up, Valid proof of submitting IT returns since the year of in-corporation.

As recently registered startups financial year is not completed they can’t provide IT return now so please consider declaration regarding that.

M/s Bhanusha Infosoft.

RFP Conditions Prevails.

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Clause & Sub-Clause - 3. Brief Scope of Work

Page No.- 30

It should have quick and virtual helpdesk system for job support for job seeker’s

Can we provide an online mechanism where user can raise there queries ?

M/s Trigyn Technologies Limited.


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Page No.- 30

Integration with various Govt. departments like EPCH, MSDE and Sewayojan UP

We assume, API for integration will be provided by govt. departments like EPCH, MSDE and Sewayojan UP


It will be the responsibility of the selected Bidder to provide the required APIs and do the complete integration.

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Page No.- 30

Conducting awareness program among the unemployment job seeker as well as Handicraft industry Employer of Moradabad City.

What kind of awareness program is expected in this scope ? Do we need to arrange some event or camp ?


RFP condition prevails

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Page No.- 30

IVRS based quick registration, SMS based quick registration for those artesian who are not able to register through online portal and organizing Registration Camp for Career Mitra portal for those artesian who are not able to make their registration by own.

Who will provide IVRS phone connectivity ?


It will be responsibility of the Selected Bidder.

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Page No.- 33

Provision for ICT based video tutorial/training for job seekers

Pls clarify who will provide feed content


It will be responsibility of the Selected Bidder to prepare and finalize the training content after the consultation with MSCL.

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Clause & Sub-Clause - Eligibility and pre-qualification criteria

Page No.- 18

Point 7 The Bidder Should have at least:- 1. Completed 4 IT Web Development Projects/ Mobile Application Projects in last 1 Year. 2. Completed Two IT Web Development Projects in Govt. sector at least 50% of the tender value. 3. Completed two IT Web Development Projects in Privatesector limited companies/ Govt.recognized institutions equal to the tender value.

We request to Clarify whether Bidder need to provide documentary evidence for all "3" category asked Or Any one of them



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Clause & Sub-Clause - General Query

Page No.- 77

Design and Development of Website and Android Application on Job Portal for workers.

1. Should the Android mobile application will develop in NATIVE-PLATFORM or we can also use CROSS-PLATFORM?

M/s Krish Compusoft Srvices Pvt Ltd.


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Clause & Sub-Clause-Registration of employers

Page No.-37

Admin must be verify the identity of newly registered employer for registration acceptance.

1. We assume that the employers will registered their self in web portal only(Not in Android APP) and admin will verify them. 2. What documents employers need to submit?


It will be decided by the competent authority after awarding the contract

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Clause & Sub-Clause-Virtual help desk

Page No.-36

Virtual help desk system between job seekers and employers.

1. How many number of system/hardware will require for the to connect with various job seekers? And who will provide that system?


It should be assessed by the Selected Bidder and would be responsibility of the Selected Bidder.

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Clause & Sub-Clause-Training/ tutorial

Page No.-36

online training/ tutorial video with high quality product sampling view as well as print option which is available in portal/Application

1. How many training videos will available on the web portal and APP? 2. What is the max size of one video? 3. Should we use any third party player to like YouTube to view videos?



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Clause & Sub-Clause-IVRS

Page No.-30

IVRS based quick registration, SMS based quick registration for those jobseeker/artesian

1. Is there any pre-defined flow for the IVRS based quick registration? Please explain us more in detail.



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Clause & Sub-Clause-Total Users

Total Users per day visit

1. What are the number of Total Users per day for Site visit? 2. What are the number of Total Users per day for APP visit?


RFP Conditions Prevails

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Clause & Sub-Clause-Concurrent Users

Concurrent users at a time on site/APP

1. What are the number of Concurrent Users per day for Site visit? 2. What are the number of Concurrent Users per day for APP visit?



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Clause & Sub-Clause-Storage

Data Storage

1. What are the overall Data storage for the Website/APP? (Include all images/video/content) 2. What are the Specific Data storage for the Website/APP? (Include all images/video/content)



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Clause & Sub-Clause-Migration

Data Migration

1. Is there any data migration in the system? If yes, then Please provide more details for migration ?



36 Clause & Sub-Clause-8.5

Page No.-11

Self-attested scanned copy of valid registration certificate of MSME which are registered under MSME act if applicable, exemption certificate and MSME act if applicable, exemption certificate and MSME declaration for availing EMD Exemption.

Are the MSMEs also exempted from submitting the tender fee along with the EMD?

M/s Appinventiv Technologies Private Limited.


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37 Clause & Sub-Clause-12

Page No.-14

Documents to establish the work experience for the last 03 years in the field of development of dynamic website / Android applications /IT Services.

1- In this point you have asked the bidder to submit a documentary proof of their presence in the field of ITes from the last 3 years but in clause number 18.1 on page number 16 you have asked to share the proof of at least 10 years of operations.



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Clause & Sub-Clause-18.1

Page No.-16

Certificate and proofs regarding newly Start- Up not more than 3 years old (Certificate of recognition as a start-up by DIPP, Ministry of commerce and industries)

At this point you have asked to submit proof of operations from the last 10 years and Up not more than 3 years for the DIPP Startup but there is no mention about the company who’s age is between 3-9 Years. As per the DIPP policy a company can be recognised as a startup up to 5 years.



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Page No.-16

Copy of purchase orders showing at least 10 years of operations or Certified true copy of relevant extracts of balance sheet and PL statements for the last 10 year

If a company is a startup with the age from 3-5 years, or any company other than startup ages in between 1-9 years, are they not eligible for participating in the tender? We propose you to consider the minimum eligible age of a company is 3 years and a startup up to 0-5 years (As per the Government of India DIPP Policy and GFR Rules 2017)



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Page No.-18

1. Completed 4 IT Web Development Projects/ Mobile Application Projects in the last 1 Year. 2. Completed Two IT Web Development Projects in Govt. sector at least 50% of the tender value. 3. Completed two IT Web Development Projects in Private sector limited companies/ Govt. recognized institutions equal to the tender value

There’s no mention of the tender value in the RFP so what value should we assume?



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Page No.-19

Submission of deliverables as relevant to the individual milestones/stages Various deliverables such as: Inception Report Survey Report Project Plan Quality Plan Design Documents SRS Test Cases and results User Manuals Training Manual Technical Documents etc.

The shared works fall under the Business Analyst’s KRA but there is no mention of BA in the BOQ and in the RFP as well. We would request you to add one more column for the Business analyst cost from the starting to end date of the project, which is 3 months.

M/s Appinventiv Technologies Private Limited

RFP Condition Prevails

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Page No.-21

10 % of Total Quote for PART A of Price Schedule (Annexure 10)

Price schedule is Annexure 11 but in this clause it is being mentioned as Annexure 10.



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Clause & Sub-Clause-Annex ure-11

Page No.-65

PRICE SCHEDULE

There is a mismatch in between the shared price schedule and original XLS BOQ.



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Clause & Sub-Clause-BOQ

BOQ Price Bid BOQ

Computation formulas are not working in the BOQ and we need a detailed explanation about the BOQ in order to submit our bid correctly.


BOQ suitably amended. Other conditions remain the same.

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Clause & Sub-Clause-TQ2.1

Page No.-25

Relevant Project Experience:- 60% of Project Estimated Value will be awarded 15 marks 80% of the Project Estimated Value will be 25 marks 100 % of the Project Estimated Value will be 35 marks

Please let us know the estimated value of the project




Page No.-30

IVRS based quick registration, SMS based quick registration for those artesians who are not able to register through online portal and organizing Registration Camp for Career Mitra portal for those artesians who are not able to make their registration by own

Please specify the number of Registration Camp, their venue and timings. Also please let us know the support provided by the MSCL in organising these camps


It will be decided by the competent authority of MSCL after the awarding of contract.

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Page No.-30-31

It will be the responsibility of the selected bidder to complete the security audit by a CERT-IN Empanelled Agency of the portal and application before Go-Live and needs to comply with the reports and share the Audit report with MSCL. It will also be the responsibility of the selected bidder to perform the security audit on yearly basis and submit the report to MSCL. Failing to which MSCL has the right to withhold the payment and impose penalty as mentioned in SLA.

There is no mention of the costing of annual security audit by a CERT-IN Empanelled Agency of the portal and applicatio


It will be the responsibility of the selected bidder to complete the security audit by a CERT-IN Empaneled Agency of the portal and application before Go-Live and needs to comply with the reports and share the Audit report with MSCL.


Page No.-31

It will be the responsibility of SB to host both the App on any third party (T3) Data Centre.

Any preference of the Data Centre?


The data center should be within India.

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Online and Offline promo tion

Page No.-37

Social Media Promotions Google Search Advertising TV/Radio promotions Newspapers Advertising Visits to handicraft industry as well as handicraft jobseekers for awareness of using job portal. Social Media Management(Includes creating & managing social media pages, writing content, designing graphics, analyzing & managing ads) Social Media Marketing (Ads) (Includes advertisement on Facebook & Instagram platforms) E-rickshaw with branding and audio in city. Unipolar rent with printing at one main locations in city Cable TV advertisement in city Knopy promotions per location Nukkad natak at one location

We need more detailed information about the scope of work in the Online and Offline promotion section as the scope can be very broad and we need to limit it in accordance with the estimated cost. How many ads do you want on the social media platforms and do we need to pay for the ads as well? In how many locations you want us to put Knopy promotions, will there be any extra payment for preparing the Knopy. Suggestion: We would suggest you to make this offline and online promotion part as a separate task as the scope is not clear and can go up to millions of dollars.




Page No.-72

8. PAYMENT TERMS: 8.1 Payment to the selected Bidder will be made as per the timelines and milestones as mentioned in Clause 23 of Section 2.

Please mention the payment clearance period after submitting the bills.


Clause 23 suitably amended. Other conditions remain the same.

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Page No.-33

The broad scope of work of the Selected Bidder (SB) is to provide IT Solution for develop and design the job portal as well as online and offline promotion among the jobseeker and employer to perform the following activities in a timely manner as elaborated below

As per the stakeholders we assume them to be Job Seekers, Job Providers and Admin. Please clarify


Yes


Page No.-34

It should have a quick and virtual helpdesk system for job support for job seekers.

As per the virtual help support,we assume that this functionality would be handled at admin’s end and not at each job provider’s end?


Yes


Page No.-33

The portal will be used for skill and capability development initiatives as well, thereby helping in increasing the employability in the state.

What all post entries can be done by job providers to seek for jobs on the portal? How are the candidates applying for the same?


Process flow will be submitted by the selected bidder.


Page No.-33

It provides a Digital community System for Employers as well as Job seeker

Will there be internal messaging among them as well? Will it be performed outside the platform?


No

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Page No.-33

Provisions for Handicrafts related certification to job seekers for better career growth.

Need to better understand the type of courses that will be present on the platform. What all categories will be present? "Are we providing segregation such as course → subject → topic? How are we establishing that the user has completed the course? We assume that the template for all certificates will be the same?


It will be decided by the competent authority after contract.


Page No.-34

Conducting awareness program among the unemployed job seeker as well as Handicraft industry Employer of Moradabad City.

How are we foreseeing to conduct awareness among job seekers and handicrafts men? Do we have a revenue model such as seeking commission on every post made by employers or creating a subscription plan for them as well?


It will be the responsibility of the Selected Bidder to submit plan of action after in consultation with the competent authority

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Clause & Sub-Clause- 6 in Point no 18

Page No.-17


As those startups which are registered in 2019 their Audited Report is not prepared and will prepare after March 2020 so Such Startups are not able to provide positive Net worth Certificate and also its very hard to make recently registered startup as profitable. So we request you Please Exempt Startups from this condition Or startup can Submit Declaration for not completion of Financial year till the time of bidding on project.

M/s Ananjay softke solutions Pvt. Ltd.

For Start-ups, It is mandatory to submit atleast one financial year positive Net worth certificate from registered CA.

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Clause & Sub-Clause- 3rd line in Point no 12

Page No.-14

For Start-up, Valid proof of submitting IT returns since the year of in-corporation.

As recently registered startups financial year is not completed they can’t provide IT return now so please consider declaration regarding that.

M/s Ananjay softke solutions Pvt. Ltd.


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Clause & Sub Clause- Service LevelAgreement

Page No-92

Security Audit and ISO Certification- Third Party Security Audit Certificate for the entire application and the action taken report by the Implementation agency

- - RFP Condition Prevails.

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Clause & Sub Clause- Service LevelAgreement

Page No- 93

IVRS Service Level Agreement clause Not Available

Section 6 Special Conditions of Contract suitably amended. Other conditions remain the same.

�

RFP for Designing & Development of Career Mitra Website and Android Application

Designing and DAndroid Application on Job Portal for

Artisans/ Industrial WorkersManufacturers of various

Aluminum, Steel etc.) in Moradabad with OperaMaintenance

RFP Ref. No. :

MORADABAD SMART CITY LIMITED,

Moradabad Smart City, Type

Near Circuit House, Moradabad.


Designing and Development of Career MitraAndroid Application on Job Portal for job seeking

Artisans/ Industrial Workers and Employers/ cturers of various industries (L

Aluminum, Steel etc.) in Moradabad with OperaMaintenance period of 3 Years

RFP Ref. No. : 205/MSCL/2020/2

ISSUED BY:

CHIEF EXECUTIVE OFFICER,

MORADABAD SMART CITY LIMITED,

Moradabad Smart City, Type- D/A-3, Eleven Orchid,

Near Circuit House, Moradabad. – 244001

0591-2424200


i

(ANNEXURE 2)

Career MitraWebsite and job seeking

Employers/ industries (Like Brass,

Aluminum, Steel etc.) in Moradabad with Operation and Years

205/MSCL/2020/2

Orchid,


ii

DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”)/ Bid Document

or subsequently provided to Bidder(s), whether verbally or in documentary or any other

form, by Moradabad Smart City Limited (the “MSCL”) including their employees or advisors,

is provided to Bidder(s) on the terms and conditions set out in this RFP and such other terms

and conditions subject to which such information is provided.

This RFP is not an agreement and neither an offer nor invitation by MSCL to the prospective

Bidders or any other person. The purpose of this RFP is to provide interested parties with

information that may be useful to them in making their offers (the “Bids”) pursuant to this

RFP. This RFP includes statements, which reflect various assumptions and assessments

arrived at by MSCL in relation to the Project. Such assumptions, assessments and

statements do not purport to contain all the information that each Bidder may require. This

RFP may not be appropriate for all persons, and it is not possible for the MSCL including their

employees or advisors to consider the investment objectives, financial situation and

particular needs of each party who reads or uses this RFP. The assumptions, assessments,

statements and information contained in the Bidding Documents and associated documents,

may not be complete, accurate, adequate or correct. Each Bidder should therefore, conduct

its own investigations and analysis and should check the accuracy, adequacy, correctness,

reliability and completeness of the assumptions, assessments, statements and information

contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of

which may depend upon interpretation of law. The information given is not intended to be an

exhaustive account of statutory requirements and should not be regarded as a complete or

authoritative statement of law. MSCL accepts no responsibility for the accuracy or otherwise

for any interpretation or opinion on law expressed herein.

MSCL including their employees and advisors make no representation or warranty and shall

have no liability to any person, including any Bidder, under any law, statute, rules or

regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,

damages, cost or expense which may arise from or be incurred or suffered on account of

anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,

completeness or reliability of the RFP and any assessment, assumption, statement or

information contained therein or deemed to form part of this RFP or arising in any way for

participation in the Bidding Process.


iii

MSCL also accepts no liability of any nature whether resulting from negligence or otherwise

howsoever caused arising from reliance of any Bidder upon the statements contained in this

RFP.

Authority may, in its absolute discretion but without being under any obligation to do so,

update, amend or supplement the information, assessment or assumptions contained in this

RFP.

The issue of this RFP does not imply that the MSCL is bound to select a Bidder or to appoint

the Selected Bidder or Bidders, as the case may be, for the Project and MSCL reserves the

right to reject all or any of the Bidders or Bids without assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its Bid including but not limited to preparation, copying, postage, delivery

fees, expenses associated with any demonstrations or presentations which may be required

by MSCL or any other costs incurred in connection with or relating to its Bid. All such costs

and expenses will remain with the Bidder and MSCL shall not be liable in any manner

whatsoever for the same or for any other costs or other expenses incurred by a Bidder in

preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding

Process.


iv

Contents NOTICE INVITING TENDER .............................................................................................................................................. 1

Section 2: Instruction to Bidders .................................................................................................................................... 4 1. Introduction and General Instructions. ............................................... 4

INTRODUCTION ............................................................................................. 4

NAME OF THE WORK....................................................................................... 4

DEFINITIONS ................................................................................................. 5

General Instructions ....................................................................................... 5

2. Cost of Bidding:.............................................................................. 5

3. Instruction for Online Bid Submission ................................................ 5

4. FRAUD AND CORRUPT PRACTICES .................................................... 8

5. TERMS OF BIDDING ........................................................................ 8

6. CLARIFICATION OF BID DOCUMENTS: ............................................. 10

7. AMENDMENT OF BID DOCUMENT: ................................................... 10

8. BID SECURITY: ............................................................................ 11

9. PERIOD OF VALIDITY OF BIDS: ...................................................... 12

10. FORMATS AND SIGNING OF BID ..................................................... 12

11. BID SUBMISSION: ........................................................................ 13

12. DOCUMENTS ESTABLISHING BIDDERS ELIGIBILITY AND QULAIFICATION15

13. LATE BIDS: .................................................................................. 15

14. MODIFICATIONS AND WITHDRAWAL OF BIDS: ................................. 15

15. OPENING OF BIDS: ....................................................................... 15

16. Pre-Bid Conference ....................................................................... 16

17. Disqualification ............................................................................. 16

18. Eligibility and pre-qualification criteria ............................................. 17

19. Performance Bank Guarantee (PBG) ................................................ 19

20. Development and ownership rights: ................................................ 19

21. Documentation: ........................................................................... 19

22. Penalty ....................................................................................... 19

23. Payment terms: ........................................................................... 21

24. DOCUMENTS COMPRISING THE BID: ............................................... 23

25. Bid evaluation criteria and selection procedure:- ............................... 24

26. TIME SCHEDULE: .......................................................................... 27

27. AWARD OF CONTRACT .................................................................. 27

28. ANNULMENT OF AWARD: ............................................................... 28


v

29. DEBARRING ................................................................................. 28

SECTION 3 30

DATASHEET 30

SECTION 4 34

ANNEXURES 34 Annexure – 1 ............................................................................................... 34

Scope and Specification of Work ..................................................................... 34

Broad Scope of Work:- .................................................................................. 34

Comprehensive Scope of work: ...................................................................... 35

Job Seekers: ............................................................................................... 36

Employers: 37

System admin ............................................................................................. 37

Training and Certification............................................................................... 38

Online and Offline promotion.......................................................................... 38

Operation and Maintenance Phase .................................................................. 39

Web portal and Android Application Hosting ..................................................... 41

User Acceptance Testing Criteria for Both the Application ................................... 42

Source Code Rights ...................................................................................... 43

Ease and Speed of Access of Job Portal & App .................................................. 44

Technology Platform ..................................................................................... 45

Annexure – 2 ............................................................................................... 46

TENDER ACCEPTANCE LETTER ............................................................................. 46

Annexure – 3 ............................................................................................... 48

TECHNICAL BID FORMAT ............................................................................... 48

3.1 Format to share Particulars of the Bidder .................................................... 49

3.2 Format for Annual Turnover ........................................................... 50

3.2 Format for Project Citation ............................................................. 50

3.3 Details of past assignments ............................................................ 51

3.4 Team Composition ........................................................................ 52

Annexure 4 ................................................................................................. 53

PERFORMANCE SECURITY BOND FORM ................................................................. 53

Annexure 5 ................................................................................................. 55

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING ................................... 55

Annexure 6 ................................................................................................. 56

Format of sending pre-bid queries .................................................................. 56


vi

Annexure – 7 ............................................................................................... 57

AGREEMENT FOR EXECUTION OPERATION AND MAINTENANCE ................................ 57

Annexure - 8 ............................................................................................... 59

Contract Form ................................................................................................... 59

ANNEXURE‐B ............................................................................................... 61

Annexure 9 ................................................................................................. 62

Format for Declaration by the Bidder for not being Blacklisted / Debarred ............ 62

Annexure – 10 ............................................................................................. 63

BID FORM 63

Annexure-11 ............................................................................................... 65

PRICE SCHEDULE ......................................................................................... 65

ANNEXURE 12 .............................................................................................. 67

CONSORTIUM AGREEMENT ............................................................................ 67

Annexure-13 ............................................................................................... 69

Format for Bank Guarantee for EMD ................................................................ 69

SECTION 5 71

GENERAL CONDITIONS OF THE CONTRACT .................................................................................................................. 71 1. APPLICATION: .............................................................................. 71

2. STANDARDS: ............................................................................... 71

3. PATENT RIGHTS: .......................................................................... 71

4. PERFORMANCE SECURITY: ............................................................. 71

5. INSPECTION, VALIDATION AND TESTS ............................................ 71

6. DELIVERY: ................................................................................... 73

7. WARRANTY: ................................................................................. 73

8. PAYMENT TERMS: ......................................................................... 73

9. PRICES ....................................................................................... 74

10. Change in Work Order: .................................................................. 74

11. SUBCONTRACTS ........................................................................... 74

12. DELAYS IN THE SUPPLIER’S PERFORMANCE: .................................... 74

13. LIQUIDATED DAMAGES ................................................................. 75

14. FORCE MAJEURE ........................................................................... 75

15. TERMINATION FOR DEFAULT .......................................................... 76

16. TERMINATION FOR INSOLVENCY .................................................... 76

17. ARBITRATION .............................................................................. 76

18. SET OFF ...................................................................................... 78


vii

SECTION 6 79

SPECIAL CONDITIONS OF THE CONTRACT .................................................................................................................... 79 Service Level Agreement Clause ..................................................................... 86


1

NOTICE INVITING TENDER No.: 205/MSCL/2020/2 Date:19-02-2020

The Chief Executive Officer (CEO), Moradabad Smart City Limited (MSCL) invites sealed

proposal for the following work:

# Name of the Project Tender Fee Non-Refundable (Rs.)- Including GST

Earnest Money Deposit (Rs.)

Tender Download Start Date

Last time and date for online bid submission

Last time and date for Pre-Bid Meeting

1 Designing and Development of Website and Android Application on Job Portal for job seeking Artisans/ Industrial Workers and Employers/ Manufacturers of various industries (like Brass, Aluminum, Steel etc.) in Moradabad with Operation and Maintenance period of 3 Years

5900 /- 1,60,000 04/06/20

20@

11:00

Hrs

16/06/2020

@ 11:00

Hrs

05/03/2020

@ 13:00 Hrs

1. Tender documents will be available and can be downloaded from the e-procurement website www.etender.up.nic.in and www.moradabadsmartcity.in.

2. Bidders are requested to submit their tender fee in form Demand Draft payable to “Municipal Commissioner/Chief Executive Officer, Moradabad Smart City Limited” Payable at Moradabad from any scheduled nationalized bank.

3. The last date of Pre-Bid Queries submission is 02.03.2020 till 4:00 pm through E-Mail on email id [email protected]

4. The response to the Pre Bid Queries would be uploaded on the website www.moradabadsmartcity.in. and mailed to the respective e-mails from which the queries would be received.

5. If any date specified herein is a holiday, then the next working day would be considered for the activity and the tome will remain the same.

6. Other details can be seen in the RFP Document.

Chief Executive Officer, Moradabad Smart City Limited,

Moradabad


2


3

INSTRUCTION TO BIDDERS

(ITB)


4

Section 2: Instruction to Bidders 1. Introduction and General Instructions.

INTRODUCTION

One of the primary objectives of Moradabad under its smart city mission is to

enhance the safety and security, improve health care, improve efficiency of

municipal services, Job opportunity for handicraft worker’s family and promote a

better quality of life for residents. Enhancing employment opportunities for people in

Brass and other Handicraft is one of the main concerns in India. Many job seekers

have the necessary knowledge and skills for the job, but they are not able to get job

in absence of information about opportunities. Similarly, job providers, who

sincerely wants to employ candidates are not able to get as per their requirement/

skills. Thus, in absence of a common platform, the job seeker despite possessing

the requisite qualification, skill and experience is not able to get suitable job. The

proposed Career Mitra web portal & Android App for Moradabad shall improve the

employability of trained candidates in various handicraft and Brass Industry.

It is a web/Android application, which serves jobseekers of handicraft worker’s

family to find available job vacancies and Employers to identify eligible job seekers

with the prospect of selecting the most qualified candidates. The only way to select

best-qualified candidate is to have a pool of eligible applicants, which is possible by

drawing the interest of individuals in the market. Job search portals best serve this

purpose. E-recruitment has become the standard means for employers and job

seekers to meet their respective objectives. The traditional methods for recruitment

include Job fairs, University career employment services, Employee referrals,

advertising in the newspapers, televisions etc. With the advancement of internet

technology and growth of internet usage, the e-recruitment has revolutionized the

way organizations hire and candidates search for jobs. With this portal, the

recruitment process is speeded up at every stage from job postings, to receiving

applications from candidates to interviewing process.

NAME OF THE WORK

“Designing and Development of Website and Android Application on Job Portal for job

seeking Artisans/ Industrial Workers and Employers/ Manufacturers of various industries

(like Brass, Aluminum, Steel etc.) in Moradabad with Operation and Maintenance period of 3

Years”


5

DEFINITIONS

(a) "The Tender Inviting Authority (TIA)" means Moradabad Smart City Limited (MSCL).

(b) "The Bidder" means the individual or firm who participates in this tender and submits its

bid.

(c) "The Vendor" means the individual or firm supplying the deliverables under the contract.

(d) "The Deliverables" means all allocation of all and every resource for analysis, planning,

web coding and designing, web content development, client-side/server-side scripting, web

server and network security configuration,and testing for the Web Portal and Android

Application and online and offline promotion among the Handicraft jobseekers and

employers of Moradabad City,which the Supplier is required to supply to the Tender Inviting

Authority under the contract.

(e) "The Contract Price" means the price payable to the Supplier under the purchase order

and agreement for the full and proper performance of its contractual obligations.

(f) "Validation" is a process through which the equipment/System is tested to ascertain its

performance against set technical standards as per Tender Specification. Validation is carried

out in simulated field environment and includes stability, reliability and environment tests.

General Instructions

The bidders are expected to examine all instructions, forms, terms, project requirements

and other information in the tender documents. Failure to furnish allinformation required as

mentioned in the tender documents or submission of aproposal not substantially responsive

to the tender documents in every respect will beat the bidder's risk and may result in

rejection of the proposal and forfeiture of the bidsecurity. All the notifications related to

tender and bid process schedule, shall beavailable on website.

2. Cost of Bidding:

The bidder shall bear all costs associated with the preparation and submission of the bid.

The Purchaser, will in no case, be responsible or liable for these costs, regardless of the

conduct or outcome of the bidding process.

3. Instruction for Online Bid Submission

Instructions to the Bidders to submit the bids online through the Public Procurement Portal for e Procurement at https://etender.up.nic.in


6

1. Instructions to the Bidders to submit the bids online through the Public Procurement

Portal for e Procurement at https://www.etender.up.nic.in

2. Possession of valid Digital Signature Certificate (DSC) and enrolment/registration of

the contractors/bidders on the e-Procurement/e-tender portal are prerequisite for e-

tendering.

3. Bidder should register for the enrolment in the e-Procurement site using the “Online

Bidder Enrolment” option available on the home page. Portal enrolment is generally

free of charge.

4. During enrolment/registration, the bidders should provide only valid and true

information including valid email id. All the correspondence shall be made directly

with the contractors/bidders through email id as registered.

5. Bidder need to login to the site through their user ID/ password chosen during

enrolment/registration.

6. Then the Digital Signature Certificate (Class II or Class III Certificates with signing

key usage) issued by SIFY/TCS/nCode/eMudra or any other Certifying Authority

recognized by Controller of Certifying Authorities (CCA) India on eToken/Smart Card,

should be registered.

7. The registered DSC only should be used by the bidder in the transactions and should

ensure safety of the same.

8. Contractor/Bidder may go through the tenders published on the site and download

the tender documents/schedules for the tenders.

9. After downloading/getting the tender document/schedules, the Bidder should go

through them carefully and then submit the documents as required, otherwise bid will

be rejected.

10. Bidder should take into account the corrigendum, if any published before submitting

the bids online.

11. Bidder may log in to the site through the secured login by the user id/password

chosen during enrolment/registration and then by submitting the password of the e-

Token/Smartcard to access DSC.

12. Bidder may select the tender in which he/she is interested in by using the search

option and then move it to the ‘my tenders’ folder. From my tender folder, he may

select the tender to view all the details uploaded there.

13. It shall be deemed that the bidder has read and understood all the terms and

conditions before submitting the offer. Bidder should go through the tender schedules

carefully and upload the documents as asked; otherwise, the incomplete bid shall

stand rejected.


7

14. Bidder should get ready the bid documents to be submitted as indicated in the tender

document/schedule in advance and ordinarily it shall be in PDF/xls/rar/jpg/dwf

formats.

15. If there is more than one document, all may be clubbed together and provided in the

requested format.

16. Bid documents may be scanned with 100 dpi with black and white option.

17. It is advisable that each document to be uploaded through online for the tenders

should be less than 2 MB. If any document is more than 2MB, it can be reduced

through .zip/.rar and the same, if permitted may be uploaded. The file size being less

than 1 MB the transaction uploading time will be very fast.

18. The Bidders can update well in advance, the documents such as certificates, annual

report details etc., under “My Space option” and these can be selected as per tender

requirements and then send along with bid documents during bid submission. This will

facilitate the bid submission process faster by reducing upload time of bids.

19. Bidder should submit the Tender Fee/ EMD (Annexure 13) as specified in the tender.

The hard copy should be posted/couriered/given in person to the Tender Inviting

Authority, within bid submission due date and time as indicated in the tender.

Scanned copy of the instrument should be uploaded as part of the offer.

20. While submitting the bids online, the bidder shall read the terms and conditions and

may accept the same to proceed further to submit the bid packets.

21. The bidder has to select the payment option as online oroffline to pay the Tender FEE/

EMD as applicable and enter details of the instruments.

22. The details of the DD/any other accepted instrument, physically delivered, should tally

with the details available in the scanned copy and the data entered during bid

submission time, otherwise submitted bid shall not be acceptable or liable for

rejection.

23. The bidder has to digitally sign and upload the required bid documents one by one as

indicated.

24. The very act of using DSC for downloading the bids and uploading their offers shall be

deemed to be a confirmation that they have duly read, understood and agreed with

all clauses of the bid document including General Conditions of Contract (GCC)

without any exception.

25. The bidder has to upload the relevant files required as indicated in the cover content.

In case of any irrelevant files, the bid may be rejected.

26. If the price bid format is provided in a spread sheet file like BoQ_XXXX.xls, the rates

offered should be entered in the allotted space only and uploaded after filling the


8

relevant columns. The Priced-bid/BOQ template shall not be modified/replaced by the

bidder; else the bid submitted is liable to be rejected for the tender.

27. The bidders are advised to submit the bids through online e-tendering system to the

Tender Inviting Authority well before the bid submission due date and time (as per

Server System Clock). The Authority shall not be held responsible for any delay or the

difficulties faced during the submission of bids online by the bidders.

28. After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the portal), the

acknowledgement number indicated by the system should be printed by the bidder

and kept as a record of evidence for online submission of bid for the particular tender

and also be used as entry pass to participate in the bid opening.

4. FRAUD AND CORRUPT PRACTICES

The MSCL requires that Bidders observe the highest standard of ethics during the

procurement and execution of such contracts. In such pursuance of this policy, the

MSCL:

i. Defines, for the purposes of this provision, the terms set forth as follows:

a. "corrupt practice" means behavior on the part of officials in the public or private

sectors by which they improperly and unlawfully enrich themselves and/or those

close to them, or induce others to do so, by misusing the position in which they

are placed, and it includes the offering, giving, receiving, or soliciting of anything

of value to influence the action of any such official in the procurement process or

in contract execution; and

b. "fraudulent practice" means a misrepresentation of facts in order to influence

procurement process or the execution of a contract to the detriment of the

borrower, and includes collusive practices among bidders (prior to or after bid

submission) designed to establish bid prices at artificial, non-competitive levels

and to deprive the borrower of the benefits of free and open competition).

ii. will reject a Bid for award if it determines that the bidder recommended for award

has engaged in corrupt or fraudulent practices in competing for the contract; and

iii. will declare a Bidder/firm ineligible, either indefinitely or for a stated period of

time, to be awarded any MSCL contract if it at any time determines that the

Bidder/firm has engaged in corrupt or fraudulent practices in competing for or in

executing, any MSCL contract.

5. TERMS OF BIDDING


9

This Request for Proposal (RFP) is open to all Bidders.

Joint venture/ Consortium is allowed.

Consortium should be maximum of 2 members and provide an agreement as

per Annexure 12.

The Consortium would be Jointly and severally liable for the Works.

Bidders shall not be under a declaration of ineligibility for delay, failure or

corrupt and fraudulent practices by any of the State Govt. or Central Govt. or

Public Undertaking or Notwithstanding anything to the contrary contained in

this RFP, the detailed terms specified in the Contract Agreement as given in

GCC and SCC in Section- V and VI shall have overriding effect; provided,

however, that any conditions or obligations imposed on the Bidder hereunder

shall continue to have effect in addition to its obligations under the Contract

Agreement.

The Bid shall be unconditional. In case there is any condition or any other

stipulation contained in the Bid, the Bid shall be liable for rejection as a non-

responsive Bid.

The Bid and all communications in relation to or concerning the Bidding

Documents and the Bid shall be in English language.

One Bid should be submitted by each Bidder. More than one bids would be

liable for rejections of all the bids submitted by the bidder.

The Bidding Documents including this RFP and all attached documents are and

shall remain the property of MSCL and are transmitted to the Bidders solely for

the purpose of preparation and the submission of their Bids in accordance

herewith. Bidders are to treat all information as strictly confidential and shall

not use this information for any purpose other than for preparation and

submission of their Bid. MSCL will not return any Bid or any information

provided along therewith.

A Bidder shall be liable for disqualification and forfeiture of Bid Security if any

legal, financial or technical adviser of MSCL in relation to the Project is engaged

by the Bidder in any manner for matters related to or incidental to such Project

during the Bidding Process or subsequent to the (i) issue of the LOA/ Work

Order or (ii) execution of the Contract Agreement. In the event any such

adviser is engaged by the Selected Bidder or Contractor, as the case may be,

after issue of the LOA/ Work Order or execution of the Contract Agreement for

matters related or incidental to the Project, then notwithstanding anything to

the contrary contained herein or in the LOA/ Work Order or the Contract


10

Agreement and without prejudice to any other right or remedy of MSCL,

including the forfeiture and appropriation of the Bid Security or Performance

Security, as the case may be, which MSCL may have there under or otherwise,

the LOA or the Contract Agreement, as the case may be, shall be liable to be

terminated without MSCL being liable in any manner whatsoever to the

Selected Bidder or Contractor for the same. For the avoidance of doubt, this

disqualification shall not apply where such adviser was engaged by the Bidder

in any manner for matters related to or incidental to such Project in the past

but its assignment expired or was terminated 6 (six) months prior to the date

of issue of RFP for the Project. Nor will this disqualification apply where such

adviser is engaged after a period of 3 (three) years from the date of

commercial operation of the Project.

Any award of Contract pursuant to this RFP shall be subject to the terms of

Bidding Documents.

6. CLARIFICATION OF BID DOCUMENTS:

Bidder: A prospective bidder, requiring any clarification of the Bid Document shall notify the

Tender Inviting Authority online. The Purchaser shall respond online to any request

for clarification of the Bid Documents in given specific Date & Time and clarification by

the Purchaser shall be sent to the prospective bidder online.

Any clarification issued by MSCL in response to query raised by prospective bidders

shall form an integral part of bid document and it may amount to an amendment of

relevant clauses of bid document.

No queries or clarification would be entertained after the pre bid meeting.

Tender Inviting Authority:

To assist in the examination, evaluation and comparison of bids the Purchaser may, at

its discretion ask the bidder for the clarification of its bid. The request for clarification

and the response shall be in writing.

7. AMENDMENT OF BID DOCUMENT:

At any time, prior to the date of submission of bids, the Tender Inviting Authority

may, for any reason, whether at its own initiative or in response to a clarification

requested by a prospective Bidder, modify the bid documents by amendments.

The amendments shall be notified online or via newspapers only through

corrigendum, if any.

In order to afford prospective bidders reasonable time in which to take the


11

amendments into account in preparing their bids, the Purchaser may, at its discretion,

extend the deadline for the submission of bids suitably.

8. BID SECURITY:

Bidders shall furnish, as part of his bid, Tender Fee of Rs. 5,900/- (Rupees Five

Thousand Nine Hundred only) (including GST) online i.e via RTGS or NEFT or in the

form of Demand Draft from any scheduled Nationalized Bank in favour of “Municipal

Commissioner/Chief Executive Officer, Moradabad Smart City Limited," payable at

Moradabad.The Tender Fee’s Demand Draft needs to be delivered physically at the

same address on or before last date & time for submission of bids.

Bidder shall also furnish an EMD/ bid security for an amount of Rs.1,60,000/- (Rupees

One Lakh Sixty Thousand only), online i.e via RTGS or NEFT or in the form of FDR

/Demand Draft/ Banker’s Cheque/Small Saving Instruments/ Bank Guaranteefrom

any scheduled Nationalized Bank in favour of “Municipal Commissioner/Chief

Executive Officer, Moradabad Smart City Limited," payable at Moradabad, valid for a

period of 180 days from the date of Tender opening and shall be delivered physically

to Smart City Office, PeeliKothi, Moradabad on or before Bid submission end date &

time except Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy

issued by department of Micro, Small and Medium Enterprises (MSME) or Startups as

recognized by Department of Industrial Policy and Promotion (DIPP).

Note:

The Bank Account details for RTGS or NEFT: Bank: HDFC Bank A/C Name: MORADABAD SMART CITY A/C No.: 50100235349431 IFSC Code: HDFC0000303

For all online submissions, transaction details must be attached else the bid would stand to be disqualified

All the Hard Copy Submissions of Tender Fee or EMD/Bid Security would be dropped in a Box specified for the Project and would be opened after 3 days.

The bid security is required to protect the Purchaser against the risk of bidder's

conduct, which would warrant the bid security's forfeiture.

The bid security of the unsuccessful bidder will be returned to the bidder at the

earliest after evaluation of the bid and latest on or before the 30th day after the

award of the contract.

The successful bidder's bid security will be discharged within 30 days, upon the


12

bidder's acceptance of the purchase/work order satisfactorily pursuant to clause 19

and furnishing the performance security.

Self-attested scanned copy of valid registration certificate of MSME which are

registered under MSME act if applicable, exemption certificate and MSME act if

applicable, exemption certificate and MSME declaration for availing EMD Exemption.

The bid security may be forfeited:

(a) If a bidder withdraws his bid during the period of bid validity specified by the bidder on

the Bid form or

(b) In the case of a successful bidder, if the bidder withdraws or amends the tender or

impairs or derogates from the tender or fails:

To accept or honor purchase/work order.

To furnish performance security in accordance with clause 19

To sign the contract in accordance with clause 29

9. PERIOD OF VALIDITY OF BIDS:

Bid shall remain valid for 120 days after the date of bid opening prescribed by the

Tender Inviting Authority in Section 3 Data Sheet. A bid valid for a shorter period

shall be rejected by the Purchaser as non-responsive.

In exceptional circumstances, the Purchaser may request the bidder's consent for an

extension to the period of bid validity. The request and the responses thereto shall be

made in writing. The bid security provided under Clause 8 shall also be suitably

extended. A bidder may refuse the request without forfeiting his bid security. A bidder

accepting the request and granting extension will not be permitted to modify his bid.

10. FORMATS AND SIGNING OF BID

The bidder shall prepare the Technical and Financial bids separately.

The copy of bid shall be typed or printed and all the pages numbered consecutively

and each page shall be signed and stamped by the bidder or a person or persons duly

authorized to bind the bidder to the contract. The letter of authorization shall be

accompanied with written power of Attorney duly registered for signing of the Bid

Document.

The bid shall contain no interlineations, erasures or overwriting except as necessary

to correct errors made by the bidder in which case such corrections shall be

authenticated by the person or persons authorized for signing the bid.


13

11. BID SUBMISSION:

Bidder should log into the site http://etender.up.nic.in well in advance for bid

submission so that he/she upload the bid in time i.e. on or before the last date and

time for bid submission.

Bidder should prepare and submit the Tender Fee and EMD as per the instructions

specified in the NIT/ tender document. The originals should be submitted to the

Tender Inviting Authority/ Purchaser, along with a copy in duplicate of the original on

or before the last date & time of bid submission. The details of the relevant

instrument physically sent, should tally with the details available in the scanned copy

and the data entered during bid submission time. Otherwise the uploaded bid will be

rejected.

While submitting the bids online, the bidder shall read the terms & conditions and

accepts the same in order to proceed further to submit their bid.

Bidder shall select the payment option as online oroffline or online to pay the Tender

Fee/ EMD (If required, enter details of the relevant instrument).

Bidder shall digitally sign / sign and upload the required bid documents one by one as

indicated in the tender document.

Bidders shall note that the very act of downloading the tender document and

uploading their offers is deemed to be a confirmation that they have read all sections

and pages of the tender document without any exception and have understood the

complete tender document and are clear about the requirements of the tender

document.

Utmost care shall be taken for uploading Bill of Quantity & Price Bid and any change/

modification of the price schedule shall render it unfit for bidding. Bidders shall

download the BoQ in XLS format and save it without changing the name of the file.

Bidder shall quote their rates in figures in white background cells, thereafter save and

upload the file in financial bid cover (Price bid) only. If the Bill of Quantity & Price Bid

is found to be modified by the bidder, the bid will be rejected. The bidders are

cautioned that uploading of financial bid elsewhere will result in rejection of the bid.

Bidders shall submit their bids through online e-tendering system to the Tender

Inviting Authority (TIA)/ Purchaser well before the last date and time for bid

submission as per Server System Clock. The TIA/Purchaser will not be held

responsible for any sort of delay or the difficulties faced during the submission of bids

online by the bidders at the last moment.

After the bid submission, the bidders shall take print out of system generated

acknowledgement number, and keep it as a record of evidence for online submission


14

of bid, which will also act as an entry pass to participate in the bid opening.

Bidder should follow the server time, which shall be considered valid for all actions of

requesting, bid submission, bid opening etc., in the e-tender system.

Site visit and verification of information

1. Bidders should familiarize themselves with local conditions and take them into

account in preparing their Bids. To obtain first-hand information on the assignment

and local conditions, bidders are encouraged to visit the project sites. Bidders are

suggested to submit their respective Bids after visiting the project sites and

ascertaining for themselves the field conditions, applicable laws and regulations and

any other matter considered relevant by them. MSCL shall facilitate the selected

bidder on best effort basis in maintaining/obtaining applicable approvals/laws/

regulations as required for the project. Any cost incurred for this purpose shall not be

claimed from MSCL. The MSCL will not be responsible for providing space or any other

infrastructure facility for the project.

2. MSCL shall not be liable for any omission, mistake or error on the part of the Bidder in

respect of any of the above or on account of any matter or thing arising out of or

concerning or relating to the RFP Documents or the Bidding Process, including any

error or mistake therein or in any information or data given by MSCL.

3. It shall be deemed that by submitting a Bid, the Bidder have:

made a complete and careful examination of the Bidding Documents;

made site visit to ascertain the information relating to the Project;

received all relevant information requested from MSCL;

acknowledged and accepted the risk of inadequacy, error or mistake in the

information provided in the Bidding Documents or furnished by or on behalf of MSCL

relating to any of the matters;

satisfied itself about all matters, things and information necessary and required for

submitting an informed Bid, execution of the Project in accordance with the Bidding

Documents and performance of all of its obligations there under;

acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

information provided in the Bidding Documents or ignorance of any of the matters

herein shall not be a basis for any claim for compensation, damages, extension of

time for performance of its obligations, loss of profits etc. from MSCL, or a ground for

termination of the Contract Agreement;

Acknowledged that it does not have a Conflict of Interest; and Agreed to be bound by

the undertakings provided by it under and in terms hereof.


15

12. DOCUMENTS ESTABLISHING BIDDERS ELIGIBILITY AND QULAIFICATION

The documents establishing Bidders eligibility and qualification are as follows:

- Documents to establish the work experience for the last 03 years in the field of

development of dynamic website / Android applications /IT Services.

- Documents to establish bidder’s annual turnover of not less than INR 1.6 Crores in

each of the last three financial years (i.e. 2016-17, 2017-18 & 2018-19).

- For Start-up, Valid proof of submitting IT return since the year of in-corporation.

- Documents to establish that the Bidder has successfully completed the projects with

the cost as mentioned in pre-qualification criteria.

- Documents to establish that the bidder has not have been black listed by any Central

/ State Government / Public Sector Undertaking / Autonomous bodies under Central

or State Governments. (Annexure 9)

13. LATE BIDS:

Bids will not be received by the Purchaser after the deadline for online submission of bids is

over.

14. MODIFICATIONS AND WITHDRAWAL OF BIDS:

The bidder can modify or withdraw his bid after submission only, if resubmission /

withdrawal has been configured by TIA/ Purchaser during tender creation process.

No bid shall be modified subsequent to the deadline for submission of bids.

15. OPENING OF BIDS:

Bid opening committee will open the bids online in the presence of bidders or their

authorized representatives who chose to attend on opening date and time. The

bidder’s representatives, who are present, shall sign in an attendance register.

Authority letter to this effect shall be submitted by the bidders before they are

allowed to participate in bid opening (A Format is given in Annexure- V).

Only one representative for any bidder shall be authorized and permitted to attend

the bid opening process physically.

The date fixed for opening of bids, if subsequently declared as holiday by the Govt.,

the revised date of schedule will be notified. However, in absence of such notification,


16

the bids will be opened in the next working day, time and venue remaining unaltered

16. Pre-Bid Conference

A pre-bid meeting is scheduled to be held on the date & time specified in

the Data Sheet at the venue specified in the Data Sheet Section 3.

The Bidder or his authorized representative is invited to attend a Pre-Bid

Meeting, which shall take place at the office of MSCL.

The Pre Bid Queries are to be send as per Annexure VI

The purpose of the Pre-Bid Meeting will be to clarify and discuss issues with

respect to the Project, the RFP document or any other related issues.

It is advisable to attend the Pre-Bid Meeting. Subsequent to the date of the

Pre-Bid Meeting, MSCL may not respond to questions or inquiries from any

Bidder after the Pre-Bid Meeting on any pretext whatsoever.

17. Disqualification

The bidder's proposal is liable to be disqualified in the following cases:

Proposal submitted without bid security;

Proposal not submitted as prescribed in this document or treated as non-

conformingproposal;

The bidder qualifies the proposal with its own conditions or assumptions;

Proposal is received in incomplete form;

Proposal is received after due date and time;

Proposal is not accompanied by all the requisite documents;

A commercial bid submitted with assumptions or conditions.

If the bidder provides any assumptions in the commercial proposal or qualifiesthe

commercial proposal with its own conditions, such proposals will berejected even if

the commercial value of such proposals is the lowest (best value)

All deviation should be submitted as part of technical proposal however MSCL reserve

the right to ask for clarification on solution assumption if any.

Proposal is not properly sealed or signed;


17

Information submitted in technical proposal is found to be misrepresented,incorrect or

false, accidentally, unwittingly or otherwise, at any time during theprocessing of the

contract (no matter at what stage) or during the tenure of thecontract.

Bidder tries to influence the proposal evaluation process

byunlawful/corrupt/fraudulent means at any point of time during the bidprocess;

In case any one bidder submits multiple proposals or if common interests arefound in

two or more bidders, the bidders are likely to be disqualified;

18. Eligibility and pre-qualification criteria

The tenderer should meet the following criteria for becoming eligible for submitting their proposal. # Qualification Criteria Required Document 1 The company should be a sole

proprietorship firm or a partnership firm or a body corporate incorporated and registered in India under the Companies Act, 1956 /2013, duly registered under the law applicable to such company, either individually or in Joint Venture/Consortium in India; In case of Consortium maximum 2 members are allowed also it is mandatory that one of member among consortium should be registered as aregistered company and in operation in India for a period of at least previous3 years as on publication of bid. For Start-up, The company should be registered in DIPP, Ministry of commerce and industries/ MSME.

Copy of Certificate of Incorporation / Registration under Companies Act 1956/2013

Memorandum and Articles of Association Copy of purchase orders showing at least 3

years of operations or Certified true copy of relevant extracts of balance sheet and PL statements for last 3 years

Bidders who are registered with MSME/NSIC authorities and startups recognized by DIPP for the tendered services/items, exemptions will be provided to them as per GoI guidelines.

Certificate and proofs regarding valid Start-Up Registration. (Certificate of recognition as a start-up by DIPP, Ministry of commerce and industries).

For Section. BID SUBMISSION:

To be submitted

1. Self-attested scanned copy of valid registration certificate of MSME which are registered under MSME act if applicable, exemption certificate and MSME act if applicable, exemption certificate and MSME declaration for availing tender fee exemption.

2.Annexure B to be submitted as


18

declaration for participation in Bid as MSME

2 The Company should be registered under Goods & Service Tax.

GST Registration Certificate

3 The Company should have the ISO 9001:2008 or above Certificate.

Copy of Registration of Certificate

4 The Bidder should have valid Income Tax returns for the last three assessment years (i.e. 2016-17, 2017-18, 2018-19) and the Bidder (not individual) should have a PAN Card Note: - For Start-up, Valid proof of submitting IT return since the year of in-corporation.

Provide documentary proof of Income Tax returns for the required assessment years. Provide copy of PAN card.

5 The Bidder should not have been blacklisted by any Central/State Government Organization or Department in India at the time of submission of the bid.

Declaration by the Bidder as per format given in the bid document.

6 The Bidder should have an average annual turnover of INR 1.6 Cr in last three audited financial year from IT Web Development Projects/ Projects/Mobile Application Projects

OR For Start-ups positive net worth in current financial year (2018-19).

Copy of the audited Balance Sheet and Profit & Loss Statement of the company and/or Certificate from the Chartered Accountant clearly stating the turnover is at least 1.6 Cr fromIT related services/IT products/Mobility/ IT Web Development Projects, Mobile Application Projects in last three financial years.

OR


7 The Bidder in the last 3 years should have at least:- 1. Completed 3 IT Web Development

Projects/ Mobile Application Projects of the project value 10 Lakhs. Or

2. Completed Two IT Web Development Projects of the project value 15 Lakhs. Or

3. Completed One IT Web Development Projects of the project value 30 Lakhs.

OR For Start-ups, The bidder shall have an experience of developing at least 02 web based projects/ Android projects which shall be published on google play store in

Experience letter on Client letter head indication the cost as well as the year of completion of project.

OR For start-up, project documentation for each product presented with screen shots of UI design and google developer console displaying the records of user downloads and application rating. Work Order from existing clients should be produced long with Completion certificateor Letter of appreciation from the existing clients (Government Bodies).


19

the domain of community services/ Education/job portal/E-commerce application.

19. Performance Bank Guarantee (PBG)

A PBG of 10% of quoted value would be furnished by the bidder in the form of an irrevocable

unconditional Bank Guarantee in favor of CEO, Moradabad Smart City Limited. The PBG

should be furnished within15 days from the signing of the contract and should be valid for

entire term of the contract i.e. including the time period of Operation and Maintenance. The

PBG should be valid for a period 60 days beyond of expiry of agreementof contract period

20. Development and ownership rights:

a) The tenderer will provide all the source code of the web application software(Job Portal)

to MSCL.

b) The job portal designed and developed by the tenderer will be sole property ofMSCL with

all rights.

c) The tenderer shall not copy or replicate the developed software for any other purposes.

21. Documentation:

a) The tenderer shall provide technical & user manual documents to MSCL.

b) The tenderer should maintain the confidentiality of business affairs method of operation

or other information.

22. Penalty

The tenderer should complete the work within the scheduled time frame as provided in the

Data Sheet. Failure to complete the work in the schedule time frame, a penalty as specified

below would be levied:

Application Development Sr. No

Parameter Metric Basis Penalty

1. Adherence to planned implementation schedule.

The delay for each milestone as per the planned schedule

Per Occurrence Please refer Note* mentioned


20

Project Initiation Team Mobilization User Acceptance

Testing Implementation

and Operational Acceptance

should not exceed more than a week without a justified reason agreed and approved by MSCL. Thereafter for each week of delay, penalty will be levied.

at the end of this clause.

2. Submission of deliverables as relevant to the individual milestones/stages Various deliverables such as Inception Report Survey Report Project Plan Quality Plan Design Documents SRS Test Cases and

results User Manuals Training Manual Technical Documents

etc.

To be submitted within 10 days of the completion of the individual milestone.

Per Occurrence Please refer Note* mentioned at the end of this clause.

Application Performance Sr. No

Parameter Target Basis Penalty

1. Average Response Time during peak usage hours as measured by EMS tool

Less than or equal to 10 seconds

Per occurrence. This will be calculated monthly after the Go-live of the application.

Per occurrence penalty shall be Rs. 1,000. Maximum penalty of 10 % is permissible, post which MSCL may invoke Annulment of the contract. Penalty will be deducted from the quarterly payments.

2. Application Uptime Database Server

Uptime Application

Server Uptime Web Server

Uptime All SAN Storage

Uptime Any other IT

component in the Infrastructure Architecture

>= 99.95% Per occurrence. This will be calculated monthly after the Go-live of the application.


21

3. Recovery Time Object (RTO)

15min. Per occurrence. This will be calculated quarterly after the Go-live of the application

Per occurrence penalty shall be Rs. 1,000. Maximum penalty of 10 % is permissible, post which MSCL may invoke Annulment of the contract. Penalty will be deducted from the quarterly payments

4. Recovery Point Object(RPO)

24hr. Per occurrence. This will be calculated quarterly after the Go-live of the application


Security Audit and ISO Certification Sr. No


1. Third Party Security Audit Certificate for the entire application and the action taken report by the Implementation agency

Once every year Per occurrence Please refer Note* mentioned at the end of this clause.

*Note: ¼ per week of the contract cost if the time period of project implementation is more than 2 year Maximum penalty in such cases can be upto 5 % of the contract cost, post which MSCL may invoke annulment of the contract. *Note: Recovery Time object is concerned with application and System, this primarily describes time limitation on website/Application Downtime. RPO is concerned with the amount of data that is lost following a failure event.

23. Payment terms:


22

The Work Completion timelines are provided Subsystem wise:

‘T’ = Date of issue of “Letter of Allotment or Work Order”

# Milestone Deliverables Timelines Payment Terms *

1 Project Kick-Off and Team

Mobilization

Project Inception Report Project Management Plan

T+1 Weeks Nil

A) Design , Configuration, Testing, Installation and Setup - Total Quote for Table1: Implementation

2 System Requirements

Definition

i. Current State Assessment ii. Future State Definition iii. Updated FRS Document iv. SRS Document

T+2 Weeks 10 % of Total Quote for PART

A of Price Schedule(Anne

xure 11) 3 System

Architecture and Design

i. Implementation Plan ii. System Design Document iii. Training Plan

T+3 Weeks 20% of Total Quote for PART

A of Price Schedule

(Annexure 11) 5 Solution

Deployment, Integration & Configuration

i. Complete solution deployment and integration ii. Solution Integration document iii. Solution Unit Testing document iv. User Manual v. Maintenance Manual vi. Software Development Document

T+14 Weeks

30 % of Total Quote for PART

A of Price Schedule

(Annexure 11)

6 Providing Beta Version of the

Web Application and Android

Application and UAT Completion

i. Finalized Test Plan ii. Test Results document iii. Sign-off for migration to production iv. Successful Go-Live

T+15 Weeks

40% of Total Quote for PART

A of Price Schedule

(Annexure 11)

7 Knowledge Transfer and User Training

Staging, Training and Production i. Knowledge Transfer session with MSCL team ii. Training Document/Presentation iii. Transition document

T+16 Weeks

Nil

8 Operation and Maintenance and Other Expenses to be incurred

after Go-Live of the Web Site and

Android Application

Submission of Invoice and verification by competent authority

Quarterly after Go-

Live

Equal Quarterly Payments of

Total Quote for PART B and C

of Price Schedule

(Annexure 11)

Note:-

It will be the responsibility of the Successful Bidder to submit the above mentioned

document to the technical committee formed by MSCL. This committee comprises the


23

representatives of MSCL and D.I.O.- NIC. This committee will evaluate all the

documents submitted by the bidder and then will finally submit its recommendation to

the MSCL. Only after receiving that recommendation, MSCL will process the payments

of the bidderwithin 30 days after the submission of Invoices and all satisfactory

documents required by MSCL.

No advance payment will be made.

All the payments will be made subject to deduction of tax, duties and levies if any as

per rules.

The tenderer should provide free of cost maintenance of work for one year.

24. DOCUMENTS COMPRISING THE BID:

Online bids under two-envelope/ cover system comprising of

(1) ThePre Qualification and Technical bid and

(2) Financial bid should be submitted online on e-Procurement Portal

24.1 The technical bid should contain the scanned copy of following documents. The

documents shall be arranged in the same order as mentioned below with the checklist being

on the top of documents.

a) Tender Acceptance Letter [as per Annexure 2]

b) Technical Bid Evaluation Form [as per Annexure 3]

c) Letter of Authorization to attend bid opening [as per Annexure – 5]

d) Clause by Clause compliance demonstrating substantive responsiveness to the

commercial condition by signing and stamping on all the pages of the original bid

document by authorized person(s)

e) Copy of Certificate of Incorporation / Registration under Companies Act 1956/2013 &

Memorandum and Articles of association

f) Copy of purchase orders showing at least 10 years of operations or Certified true copy

of relevant extracts of balance sheet and PL statements for last 10 years certified by


24

the auditor

g) Copy of MSME/ NSIC Registration

h) Copy of Income Tax Return for last three Financial

i) Copy of PAN

j) Copy of Goods and Service Tax Registration Certificate

k) Copy of submitted CMMi/ISO Certification.

l) Copy of Details of Key Personnel to be mobilized for the project as specified in the

Datasheet in Section 3

m) Certificate to the effect that the firm is not blacklisted by any Govt. Organization/

DGS&D/ NCCF/ PSU (Annexure IX)

24.2 The financial bid shall contain (to be submitted online only):

a) Bid Form [as per Annexure – 10]

b) Price schedule (Bill of Quantity/ Price Bid) (Annexure-11)

Note:

a. The format of Bid Form (as given in the NIT at Annexure -10) will be downloaded by the bidder and will be printed on Bidder’s letter head and duly “Signed & Sealed‟ scanned copy of the same will be uploaded during bid submission. This will be the covering letter of the bidder for his submitted bid. The content of the “Bid Form” uploaded by the bidder must be the same as per the format downloaded from website and it should not contain any other information. It may be noted that if the information/declaration/Credentials/ scanned documents furnished in support of the claims made in the Bid or same in respect of Eligibility Criteria are found to be wrong or misleading at any stage, such bidder will be liable to punitive action. The physical signature in the Bid Form will be accepted without questioning the identity of person signing the Letter of Bid as it contains digital signature of DSC holder.

1. In case the bidder who has signed the Bid Form is the DSC holder, no additional documents are required.

2. In case the bidder who has signed Bid Form is not the DSC holder, then the authorization on non - judicial stamp paper duly notarized by the person signing the Bid Form i.e. the bidder, in favour of person bidding online i.e. DSC holder, is required to be uploaded along with this Bid Form.

If there is any change in the contents of Bid Form uploaded by bidder as compared to the format of Letter of Bid uploaded by the department with NIT document, then the bid will be rejected.

25. Bid evaluation criteria and selection procedure:-

TECHNICAL PROPOSAL


25

a) The Employer will carry out a detailed evaluation of the bids in order to determine

whether the bidders are qualified and whether the technical aspects are complete in all

respects to the requirements set forth in the bidding documents. In order to reach such a

determination, the Employer will examine the information supplied by the Bidders and other

requirements in the bidding documents. The marking system ascertained for the purpose of

technical evaluation is as follows:

S.No. Technical Evaluation Criteria Marks

TQ1 Company’s Financial Profile 30

TQ1.1 Overall Turn Over:- Financial Turn over more than 1.6 crores and less than 2

Crores will be awarded 10 marks. Turn over more than 2 crores and less than 2.5 Crores will

be awarded 15 marks. Turn over more than 2.5 crores will be awarded 20 marks.

OR Startup with Net Positive worth of Rs 5 to 7.5 lakhs will be

awarded 10 marks. Net Positive worth between Rs 5 to 10 Lakhs will be

awarded 15 marks. Net Positive worth above 10 Lakhs will be awarded 20

marks. (Maximum marks 20)

20

TQ1.2 Bidder having Quality Certification Appropriate CMMi Level 3 will be awarded 5 Marks. CMMi Level 5 will be awarded 10 Marks.

OR Bidders having ISO 9001 2013 will be awarded 5 Marks Bidders having ISO 9001-2015 -10 Marks

(Maximum marks 10)

10

TQ 2 Relevant Experience 35

TQ2.1 Relevant Project Experience in last 3 years:- Project of the Value ≥ 30 Lakhs and < 45 Lakhs will be

awarded 15 marks Project of the Value ≤ 45 Lakhs and > 60 Lakhs will be

awarded 25 marks Project of the Value ≥ 60 Lakhs will be awarded 35 marks

OR For Start-ups, executed projects of similar nature or any

Projects in the domain of community services/ E-commerce/ Job Portal/ Education. 1 Project = 15 marks

with every additional project = 10 marks, (Maximum 35 marks)

35

TQ 3 Approach & Methodology 25

TQ 3.1 Proposed Development Process Approach and Methodology will be awarded 6 marks

25


26

Project Manager/ Team Leader must be Graduate in IT and have minimum 5 years of experience in web/ mobile application development will be awarded 6 marks.

Qualification and experience of team members and other key personnel will be awarded 3 marks.

Identification of major risks for the projects and also propose suitable mitigation plan for each of identified risks will be awarded 5 marks.

Delivery Plan & Timelines will be awarded 5 marks.

TQ 4 Technical Presentations

10

TQ 4.1 Technical Presentations Technical Presentations

10 Marks

b) The eligibility criteria will be first evaluated as defined in Bidders Eligibility under clause

18. Detailed technical evaluation and marking will be taken up in respect of only those

bidders, who meet with the prescribed eligibility criteria.

c) The determination will take into account the Bidder’s technical capabilities and past

performance; it will be based upon the examination of the documentary evidence of the

Bidder’s qualifications submitted by the Bidder, as well as such other information as the

Employer deems necessary and appropriate.

d) Overall completeness and compliance with the Technical Specifications;

e) Compliance with the time schedule.

f) Type, quantity and long-term availability of operation and maintenance services.

g) At the end of the evaluation of the technical proposals and after approval, the Employer

will invite bidders who have received more than or equal to 70 Marks and who have

submitted substantially responsive technical proposals and who have been determined as

being qualified for award to attend the bid opening of the price proposals. Bidders shall be

given reasonable notice of the financial / price proposal bid opening.

PRICE PROPOSALS

a) The Price Proposals of technically compliant Bids will be opened in public at a date and

time advised by the Employer. The Price Proposals are evaluated and the Contract is

awarded to the Bidder who’s Bid has been determined to be the lowest evaluated

substantially responsive Bid.


27

b) The bidder’s names, the Bid Prices, the total amount of each bid, any discounts, and such

other details will not be considered.

CONTRACT NEGOTIATIONS AND AWARD OF CONTRACT

1. The L1 Bidder may be invited for contract.

2. The selected Bidder is expected to commence the Assignment on the date assigned.

26. TIME SCHEDULE:

The successful bidder shall complete the works within the period stated in the Data sheet

and from the date of signing of the Agreement-Works.

The Works shall be completed in its entirety within the schedule as given below.

Commissioning period:

Designing and Development of Website and Android

Application on Job Portal for job seeking Artisans/ Industrial

Workers and Employers/ Manufacturers of various industries

(like Brass, Aluminum, Steel etc.) in Moradabad with Operation

and Maintenance period of 3 Years

4 Months

Operation and Maintenance period:

The Operation and Maintenance period for all proposed shall be of Three (3) years.

27. AWARD OF CONTRACT

27.1 PLACEMENT OF ORDER: The Purchaser shall consider placement of orders/ Letter

of Intent for deliverables on those bidders whose offers have been found technically,

commercially and financially acceptable.

27.2 PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL

BIDS: The Purchaser reserves the right to accept or reject any bid, and to annul the

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

assigning any reason whatsoever and without thereby incurring any liability to the

affected bidder or bidders on the grounds for the Purchaser's action.

27.3 ISSUE OF PURCHASE ORDER:


28

27.3.1 The issue of a Purchase Order/ Letter of Intent shall constitute the intention of

Purchaser to enter into the contract with the bidder.

27.3.2 The bidder shall within 7 days of issue of purchase order/ Letter of Intent, give his

acceptance along with performance security in conformity with Annexure-IV provided with

bid documents.

27.4 SIGNING OF CONTRACT:

27.4.1 The issue of firm purchase Order and Signing of Contract Form shall constitute the

award of contract on the bidder.

27.4.2 Upon the successful bidder furnishing of performance security pursuant to clause

27.3.2, the Purchaser shall discharge its bid security.

27.4.3 Enter into an Operation and Maintenance Pact as given in Annexure 7 of the tender

document.

28. ANNULMENT OF AWARD:

Failure of the successful bidder to comply with the requirement of Clause 27.3.2 of the

tender document shall constitute sufficient ground for the annulment of the award and

forfeiture of the bid security in which event the Purchaser may take appropriate action in the

matter.

29. DEBARRING

The bidder should give a certificate that none of his/her near relative is working in the units

where he/she is going to apply for the tender. The Bidder or its authorized signatory should

furnish certificate saying that none of the near relative of proprietor OR all partners of

partnership OR all the Directors of the company excluding Government of India/ Financial

institution nominees and independent non-Official part time Directors appointed by Govt. of

India or the Governor of the state is working in the unit where the tender is being applied.

Due to any breach of these conditions by the company or firm or any other person the

tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed

and MSCL will not pay any damage to the company or firm or the concerned person. The

company or firm or the person will also be debarred for further participation in the

concerned unit.

The near relatives for this purpose are defined as: -


29

(a) Members of a Hindu undivided family (HUF).

(b) Husband and Wife.

(c) If one is related to the other in the manner as Father, Mother, Son(s) & Son’s wife

(daughter-in-law), Daughter(s) and Daughter’s husband (son-in-law), Brother(s) and

Brother’s wife, Sister(s) and Sister’s husband (brother-in-law). The format of the certificate

to be given is as follows:

“I..............s/o.............r/o.................hereby certify that none of relative(s) as defined in

the tender document (Tender No. ____________________) is/are employed in MSCL unit as

per details given in tender document. In case at any stage, it is found that the information

given by me is false/ incorrect, MSCL shall have the absolute right to take any action as

deemed fit, without any prior intimation to me.”


30

SECTION 3

DATASHEET Sl.No. Item Description Reference

Clause No. 1 Name of the

Project Designing and Development of Website and Android Application on Job Portal for job seeking Artisans/ Industrial Workers and Employers/ Manufacturers of various industries (like Brass, Aluminum, Steel etc.) in Moradabad with Operation and Maintenance period of 3 Years

Clause 1 Section 2

2 Name of the Employer

Chief Executive Officer, Moradabad Smart City Limited, Moradabad

3 Brief Scope of Work

The broad scope of work of the Selected

Bidder (SB) is to provide IT Solution for

develop and design the job portal as well as

online and offline promotion among the

jobseeker and employer to perform the

following activities in a timely manner as

elaborated below

Design, development, implementation,

installation and commissioning of a Job

Portal and Android App, complete with a

search engine having interfaces for Job

Seekers, Employers, Admin as well as other

stakeholders.

It should have a robust search engine for

matching the profiles of the job seekers with

the employers.

The portal will be used for skill and capability

development initiatives as well, thereby

helping in increasing the employability in the

state.

Career Mitra Mobile Application development

for easy and user friendly access.

It provides Digital community System for

Employer as well as Job seeker.

Provision for ICT based video

tutorial/training for job seekers.

Annexure 1 Section 4


31

It should have quick and virtual helpdesk

system for job support for job seeker’s.

Integration with various Govt. departments

like EPCH, MSDE and Sewayojan UP.

Provisions for Handicrafts related

certification to job seeker for better career

growth.

It should have Bi-lingual (English & Hindi)

language support.

Provisions for Virtual help desk system for

job seekers.

It should have a provision for high quality

product sample view as well as print option

for better practical learning among the Brass

job seekers.

Conducting awareness program among the

unemployment job seeker as well as

Handicraft industry Employer of Moradabad

City.

IVRS based quick registration, SMS based

quick registration for those artesian who are

not able to register through online portal and

organizing Registration Camp for Career

Mitra portal for those artesian who are not

able to make their registration by own.

The system should have a Modular

architecture and should be scalable to meet

the growing demand of a dynamic job

market in the state.

The SB will be responsible to provide the

Web and Android Application sign-off before

Go-live, during the end of the contract, the

source code and other necessary documents

will be handed over to MSCL.

It will be the responsibility of the selected


32

bidder to complete the security audit by a

CERT-IN Empanelled Agency of the portal

and application before Go-Live and needs to

comply with the reports and share the Audit

report with MSCL. It will also be the

responsibility of the selected bidder to

perform the security audit at on yearly basis

and submit the report to MSCL. Failing to

which MSCL has the right to withheld the

payment and impose penalty as mentioned

in SLA.

It will be the responsibility of SB to host both

the App on any third party (T3) Data Centre.

All the data should be stored in central

server managed at the data proposed center

or other dedicated server.

4 Completion Schedule

4 Months Clause 26 Section 2

6 Bid Validity 120 days Clause 9 Section 2

7 Bid Security/EMD

Rs. 1,60,000 (One Lac Sixty Thousand) Clause 8 Section 2

8 Performance Security

10% of quoted value would be furnished by the bidder in the form of an irrevocable unconditional Bank Guarantee

Clause 19 Section 2

9 Payment Terms a) Payment will be made at specific intervals on the successful completion of targeted work. b) No advance payment will be made. c) All the payments will be made subject to deduction of tax, duties and levies if any as per rules.

Clause 23 Section 2

10 Joint Venture/ Consortium/ Sub-Contracting

Allowed Clause 5 Section 2

11 Deviation/ Conditional Bid

Not Allowed Clause 5 Section 2

12 Important Dates

Date and Time from which availability of Tender:

04.06.2020 11:00 Hrs

Last Date and Time for Submission of Pre Bid


33

Queries: 04.03.2020 13:00 Hrs

Last Date and Time for Bid Submission:16.06.2020

11:00 Hrs

Opening of Technical Bids.: 19.06.2020 11:00 Hrs

Opening of Financial Bids.: will be intimated later

13 Location for Pre Bid Meeting

Moradabad Smart City Limited, Type-D/A-3, Eleven Orchid, Near Circuit House, Moradabad-244002

14 Key Personnel Key Personal

Required Qualification

Required Experience

UI Designer

B.Tech. in ECE/ IT/ CSE

2+ Years of Experience in UI Designing

Sr. Software Developer

B.Tech in ECE/ IT/ CSE

4+ Years of Experience in Software Development

Jr. Software Developer



Test Engineer


1+ Years of Experience in Software Testing

Android Developer


4+ Experience in Mobile App Development

Clause 18 Section 2


34

SECTION 4

ANNEXURES Annexure – 1

Scope and Specification of Work

One of the primary objectives of Moradabad under its smart city mission is to enhance the

safety and security, improve health care, improve efficiency of municipal services, Job

opportunity for handicraft worker’s family and promote a better quality of life for residents.

Enhancing employment opportunities for people in Brass and other Handicraft is one of the

main concerns in India. Many job seekers have the necessary knowledge and skills for the

job, but they are not able to get job in absence of information about opportunities. Similarly,

job providers, who sincerely wants to employ candidates are not able to get as per their

requirement/ skills. Thus, in absence of a common platform, the job seeker despite

possessing the requisite qualification, skill and experience is not able to get suitable job. The

proposed Career Mitra Web portal & Android App for Moradabad shall improve the

employability of trained candidates in various handicraft and Brass Industry.

Broad Scope of Work:-

Note: - The scope of work provided in this document is high level only. Thus, the bidders are

expected to do site survey and detailed study of the Moradabad Smart City Limited (MSCL)

system to understand complete scope and objective of the project before participating in the

bid.

The broad scope of work of the Selected Bidder (SB) is to provide IT Solution for

develop and design the job portal as well as online and offline promotion among the

jobseeker and employer to perform the following activities in a timely manner as

elaborated below

Design, development, implementation, installation and commissioning of a Job Portal

and Android App, complete with a search engine having interfaces for Job Seekers,

Employers, Admin as well as other stakeholders.

It should have a robust search engine for matching the profiles of the job seekers

with the employers.

The portal will be used for skill and capability development initiatives as well, thereby

helping in increasing the employability in the state.

Career Mitra Mobile Application development for easy and user friendly access.


35

It provides Digital community System for Employer as well as Job seeker.

Provision for ICT based video tutorial/training for job seekers.

It should have quick and virtual helpdesk system for job support for job seeker’s.

Integration with various Govt. departments like EPCH, MSDE and Sewayojan UP.

Provisions for Handicrafts related certification to job seeker for better career growth.

It should have Bi-lingual (English & Hindi) language support.

Provisions for Virtual help desk system for job seekers.

It should have a provision for high quality product sample view as well as print option

for better practical learning among the Brass job seekers.

Conducting awareness program among the unemployment job seeker aswellas

Handicraft industry Employer of Moradabad City.

IVRS based quick registration, SMS based quick registration for those artesian who

are not able to register through online portal and organizing Registration Camp for

Career Mitra portal for those artesian who are not able to make their registration by

own.

The system should have a Modular architecture and should be scalable to meet the

growing demand of a dynamic job market in the state.

The SB will be responsible to provide the Web and Android Application sign-off before

Go-live, during the end of the contract, the source code and other necessary

documents will be handed over to MSCL.

It will be the responsibility of the selected bidder to complete the security audit by a

CERT-IN Empanelled Agency of the portal and application before Go-Live and needs to

comply with the reports and share the Audit report with MSCL. It will also be the

responsibility of the selected bidder to perform the security audit at on yearly basis

and submit the report to MSCL. Failing to which MSCL has the right to withheld the

payment and impose penalty as mentioned in SLA.

It will be the responsibility of SB to host both the App on any third party (T3) Data

Centre.

All the data should be stored in central server managed at the data proposed center

or other dedicated server.

Comprehensive Scope of work:

The Selected Bidder (SB) shall be responsible for:

Career Mitra Website and Android Application Development:

Web based portal and Android Application to be developed which will include


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planning, design, development, Implementation and maintenance, installation, online

and offline promotion and commissioning off a Job Portal complete with a search

engine having interfaces for Job Seekers, Employers, Admin as well as other

stakeholders.

The SB will create SRS for application development and get approval from MSCL for

UI design before commencing development and periodic review meetings should

schedule for review of application and progress of the project.

The development model should be Agile.

The portal and App technology platform should be based on industry standards and

shall be secure.

Job portal to be integrated with SMS and Email Gateway.

The portal must have authorization and access control features to view the data and

other features.

It should have a robust search engine for matching the profiles of the job seekers

with the employers.

It will be the responsibility of SB to help the agencies with complete Change

Management exercise, which is required to make this project a success.

The SB will be responsible for online as well as offline promotion of Career Mitra portal

for initial one month after Go-live.

It should have a provision for Resume writing services for job seekers.

Job Seekers:

Job seekers can register and update their profile in Career Mitra portal through

various registration methods like

a) By adding a formal language CV as an application.

b) IVRS based quick registration, SMS based quick registration for those

jobseeker/artesian who are not able to register through online portal.

c) Registration Camp for Career Mitra portal can be organized for those artesian

who are not able to make their registration by own with full semantic details

about the work desired, qualifications, and contact details.

d) Registration authentication should be Mobile based OTP.

The system is directly looking for matches in the employers' database (Vacancies),

this was implemented by creating a dynamic temporary data structure for all possible

matches ordered according to the relevancy then this view is shown in a results page

where the user can get more details about each one of these vacancies and choose

which of them to apply or contact, this is more automated way and also a similar


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method is used for the opposite case.

Details of Job seekers and availability of jobs/opportunities shall be provided on Job

Portal.

Job seeker can search the job category wise, industry/profession wise, location wise

or browse the jobs and profiles of employers available in the system or any other

field.

Job seekers can receive job vacancy related notification/SMS through their mobile no.

Job seekers can connect through employers through digital communication system.

Virtual help desk system for job seekers.

Job seekers can learn through Brass and Handicrafts related online training/ tutorial

video with high quality product sampling view as well as print option which is

available in portal/Application.

Job seekers can view the portal with Bi-lingual (English & Hindi) language.

Employers:

Employers can register and update their profile using login ID and password after

acceptance by concerned authority.

Able to connect all registered employers (Public & Private), training organizations,

industry/export associations, expert groups, non-governmental organizations and

state governments to ensure their employment.

Add the jobs needed, the kind of work wanted, profile, and contact details.

The system is directly looking for matches in the job seekers available in the database

upon adding the vacancy by the employer and lists them.

Search or browse for job seekers, by qualifications, type of work desired in Brass as

well as other handicraft’s industry or any other kind of matching. Some of the benefits

which the employer can gain include noticeably costs savings which can typically be

achieved by reducing the size of adverts in conventional print media, gaining

occasional candidates for free, having a talent pool of candidates, reduced

administration as all administrative work is being done automatically by the system,

and pre-filtering candidates as they are already classified in their corresponding

categories.

On selection the Employer will create an offer and notify the candidate via portal.

Employers can connect through job seekers through digital communication system.

Virtual help desk system between job seekers and employers.

System admin

Online Dashboard for Admin:


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Online Dashboard will be used which includes but not limited to monitoring and

manage the web portal as well as Android App.

The facility of generation of various types of reports which includes but not limited to

date/month/year wise registration reports, available jobs for job seekers, sub sector

wise placements, employer-wise placements, location-wise placements and the site

activities shall be provided on Job Portal.

Any other report required by management from time to should be developed without

any additional charges.

All the user interface or web pages of Career Mitra portal should be dynamic which

includes but not limited to dynamic banner updating, managing the contents of the

system for example, add adverts, etc.

Admin must verify the identity of newly registered employer for registration

acceptance.

Send mass emails, notification to the members of the site or to a certain group of

them, this can have used for sending newsletters or support messages.

Managing and monitoring the activity of all the modules available in the portal /App.

Add or edit businesses and jobs categories.

Admin can manage/connect with various Govt. organizations for job related activity.

Training and Certification

It should have a provision for online training and educational resources to help

prepare job seekers for the Brass and other handicraft industry/marketplace.

To advance and improve job seeker skills, job seekers can use employment portals to

enroll in online certificate/course, other state specific programs and industry related

programs through accredited institutions, such as Export Promotion Council for

Handicrafts (EPCH), MSDE, Development Commissioner (Handicrafts) etc.

It will be the responsibility of SB to prepare and add training related video and

content to the portal/Application.

Job seekers will be able to learn through ICT based online training tutorial video with

high quality product sample view as well as print option for better online practical

learning.

Online and Offline promotion

Social Media Promotions

Newspapers Advertising

Visits to handicraft industry as well as handicraft jobseekersfor awareness of using job

portal.


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Social Media Management(Includes creating & managing social media pages, writing

content, designing graphics, analyzing & managing ads)

Social Media Marketing (Ads) (Includes advertisement on Facebook & Instagram

platforms)

E-rickshaw with branding and audio in city.

Unipolar rent with printing at one main locations in city

Cable TV advertisement in city

Knopy promotions per location

Operation and Maintenance Phase

The Selected Bidder shall be responsible for the Operation and maintenance (O&M) support

of the entire the application during the contract period. The Selected Bidder will provide on-

site post implementation support.

a. The SB must provide Post Implementation Support (including warranty) till the end of

contractual period as per implementation plan

b. The SB shall also deploy IT handholding team at various facilities to provide

handholding support to the users at various locations according to the implementation

schedule

c. The SB should provide a centralized Helpdesk and Incident Management Support till

the end of contractual period

d. During the O&M phase, the SB shall:

i. Ensure that all necessary measures are taken for the smooth operation of the

application

ii. Ensure that all necessary know-how is transferred to the department support

team in an effective manner to facilitate a smooth transition. The transition plan

will need to be agreed between the SB and the department

iii. Ensure adherence to baseline performance Service Level Agreement (SLA) matrix

as defined in this RFP

Application Maintenance and Monitoring

The application maintenance and monitoring during the O & M period includes:

a) Compliance to the Functional and Technical Requirements

b) Compliance to SLA

c) Application Software Maintenance, Problem identification and Resolution

d) Software Change and Version Control as per industry standards

As part of Post-Implementation services, the Selected Bidder shall undertake the following:


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a) Annual Technical Support for operation and maintenance stage

b) At the end of each quarter during O & M stage, the Selected Bidder shall provide:

c) Updated system design documents, specifications, etc.

d) Latest source code, application deployment files, configuration files for entire solution

e) Updated user manuals, administration manuals, training manuals etc.

The average application response time(s), application availability and other performance

parameters are given in the SLAs. The application software shall be designed to cater to the

required load without any degradation of performance as explained below:

a. The database schema and design shall be capable of handling current and

future loads without any degradation of performance.

b. System shall be upwardly scalable in the event of increased usage of the

system or new business requirements.

c. The SB shall provide comprehensive report every month on the performance of

the application and infrastructure

d. The department may initiate, with prior notice, the audit of such measurements

to their satisfaction.

The application maintenance shall include, but not be limited to the following:

a. Performance Bottleneck Checks

The Selected Bidder shall monitor and check the system regularly for performance

bottlenecks, and resolve the issues, if SLAs are not being met, with the dedicated

component(s) without impacting the overall system at no extra cost.

b. Periodic Retention Policy

The Retention Policy will be defined by the department and the SB need to implement it

accordingly.

c. Security

The SB shall take rigorous provisions to prevent unauthorized alteration or damage to the

application and all related applications and databases. SB shall provide basic level of security

by providing the end users with username and password to access the applications. SB shall

deploy the application only after it has undergone User Acceptance Testing (UAT) and is

security audited by CERT-IN Empanelled Agency. The UAT shall also include assessment and

evaluation of all application SLA’s. However, SB shall undertake and conduct all sorts of

testing and follow a standard Software Testing Life Cycle approach (STLC) before

deployment of application in a Production Environment in addition to assessment and

certification through MSCL. The SB during the Maintenance phase should continuously

identify security threats and fix security vulnerabilities.


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d. Backup Policy

The Selected Bidder shall design and successfully test backup and recovery capabilities for

the application. The Selected Bidder shall finalise the functionality and the frequency of

backup in consultation with the department and should be documented and signed off.

e. Software Updates

Any required version/software upgrades, patch management, etc. shall be the responsibility

of the Selected Bidder for the entire contract period at no extra cost to MSCL. The required

upgrades for the entire stack has to be implemented within six months of release/general

availability including –

a) Supply, installation and maintenance of the updated/upgraded versions of

software

b) Rectification of bugs/ defects if any

c) Fine tuning of the application, as and when required and thus preventing

software performance from degrading to unacceptable levels

d) Maintenance of the application

e) Implement Enhancements

f) Interface with other software

g) Adapt programs so that different hardware, software, system features, and

telecommunications facilities can be used

h) Re-installation of software/application/database whenever required

f. Monitoring Tool

The Selected Bidder shall ensure the deployment of management and monitoring tools for

Application Performance Monitoring, version control (software as well as document) and bug

tracking. The SB shall use a proper project management tool for monitoring the

implementation of project. The SB shall provide access of the tool to the high level officials

of the department. All necessary training regarding the use of the tool should be provided by

the SB.

Web portal and Android Application Hosting

The Selected Bidder shall host the application at a Third party T3 private location or Data

Center as mutually agreed for which the necessary agreement entered with the Hosting

service provider shall be shared with MSCL. Apart from the Production Environment,

Selected Bidder shall maintain the Testing/QA, Training and Staging Environments as well in

the same third party location. The job portal application shall be developed / customized in a

suitable environment as per agreement with the department. The SB shall justify the choice


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of development environment. The applications shall be developed/customized and hosted

utilizing industry standard with commercially available tools. The SB shall list all tools to be

used to develop, customize and maintain the application, as well as the hosting platform,

hardware and software. The SB shall be responsible for providing the Business Continuity

Plan, Disaster recovery for the application and Disaster Recovery Operational Plan.

User Acceptance Testing Criteria for Both the Application

The SB shall ensure that the application is thoroughly tested as per standard process defined

hereunder or by MSCL. The process shall evolve over the contract period. The department

requires thorough and well-managed test methodology to be conducted. The SB shall build

up an overall plan for testing and acceptance of system, in which specific methods and steps

shall be clearly indicated and approved by the department. The SB is required to

incorporate all suggestions / feedback provided after the elaborate testing of the application,

within a pre-defined, mutually agreed timeline.

The SB shall keep a track of the suggestions that deviate from the original requirements

before classifying them as change request / enhancement. This classification shall be done in

separate meetings where all stakeholders will agree on the level of change and the revised

timeline to implement it. All fixes done to comply with the already specified requirements are

required to be done as per the specified timelines at no extra cost to MSCL.

The SB shall undertake the following activities:

1. Outline the methodology that will be used for testing the system

2. Define the various levels or types of testing that will be performed for system

3. Provide necessary checklist/documentation that will be required for testing the system

4. Describe any techniques, test cases/ scenarios / scripts that will be used for testing

the system

5. Describe how the testing methodology will conform to requirements of each of the

functionalities

6. Indicate/demonstrate to the department that all applications installed in the system

have been tested.

7. The SB shall provide a workflow for sign-off on test deliverables that is mutually

agreed upon by both the parties.

Competent Authority from MSCL may issue appropriate acceptance certificate to the SB for

stabilization of all modules and successful operationalization of the application.

The SB shall conduct various type of testing on the new build/package before releasing it for

deployment on the production environment according to standard Software Testing Life

Cycle (STLC).


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Source Code Rights

The rights of the source code of the customized version of the COTS product and/or the

bespoke application shall lie with MSCL. In case any sub system is completely developed, the

rights of the source code shall be with MSCL. The source code needs to be transferred before

three months from contract expiry. All the costs associated with the transfer of source code

shall be borne by the SB. This shall also include any tax to be paid for import/export of

software. The following protocol shall be followed for the transfer of source code to the

client:

a. The Implementation Agency shall submit detailed documentation for each module of

the application to the department. This includes all the modules deployed. The list of

the documents to be submitted are as follows:

I. Functional Specification Document

II. Technical Specification Document

III. Software architecture Documentation

IV. User Manuals

V. Training Manuals

VI. Test Plan , Test Cases and Results

VII. Release Notes

VIII. User Guide to install, configure and use the module

All the documents shall be updated as per the last release of that module. The

documents shall be reviewed by the department or agency appointed by the

department. Implementation agency shall ensure that any disparity / lacunae found in

the documents are rectified and revised documents are submitted for further review.

The transfer of documentation to be considered as complete after the department

issues the completion certificate for the task.

b. Transfer of all the code files, supporting libraries, database scripts, libraries and

metadata dictionary, procedures and supporting software components. Source Code

to be exact replica of the department application live on the production server.

c. Documentation of step-by-step procedure for recompilation of the application shall be

submitted by SB. The documentation shall enable MSCL (or any third party appointed

by MSCL) to install, configure and recompile the application.


44

d. While submitting the Source Code files, SB shall submit the declaration that the

Source code is of the same version which is on Production Environment and used for

live operations. IA shall provide the environment to recompile the source code and

provide access to the application to confirm that the Source Code is of the latest

version and is same as that on the Production Environment.

e. SB shall conduct the necessary Knowledge transfer sessions to the technical staff

provided by the MSCL. The success criterion of training will be that IT team provided

by MSCL is able to recompile successfully the entire application on the test server

independently.

f. The transfer of source code shall be an on-going exercise. As and when, a new

version of the application is deployed in production; the source code of the changed

modules shall be transferred as per the above protocol to the department. At the end

of contract period or at the end of the complete development and deployment of all

the change requests provided by the department within the contract period or

whichever is later, the entire source code shall be transferred in the same way.

g. The source code of developed website and APP will be the sole property of MSCL. It

will be the sole property of MSCL and it will be the responsibility of service provider to

transfer production copy of Bug free source code in 4 different copy to the authorities

nominated by MSCL.

h. The department may conduct the (a) Software architecture and code review and (b)

Security Audit of the application; and necessary compliances are carried out before

handing over the source code during exit management. Timelines for this compliance

shall be jointly decided between the department and Implementation Agency.

i. It will be the responsibility of service provider to make the monthlyback-up of the

data of website and app and submit it to the authorities nominated by MSCL.

Ease and Speed of Access of Job Portal & App

User friendly: Access to the portal should be through the click of a mouse, with

interaction with the keyboard. It should have interactive guidance as users navigate

through the pages, making them simpler and quicker to use

It can be accessed through mobiles and all the webpages should be responsive.

The proposed Job Portal shall be easily accessible by all categories of people

The proposed Job Portal should be able to create adequate publicity among

jobseekers and recruiters of the target group.

Online registration, updation of job seekers / employers


45

Online service for notification of vacancies by the Job-providers.

Online sponsoring of job-seekers against requisition received from job providers

Online SMS / Email facilities regarding job vacancies.

Technology Platform

The portal and App will be developed using Open standards-based Technologies.

Security and cloud storage features need to be used effectively.


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Annexure – 2

TENDER ACCEPTANCE LETTER

(To be given on Company Letter Head)

Date:

To,

______________________

______________________

______________________

Sub: Acceptance of Terms and Condition of Tender

Tender Reference No._____________

Name of Tender / Work: -

Dear Sir,

1. I/ We have downloaded / obtained the tender document(s) for above mentioned

‘Tender Work’ from the Websites namely:

As per your advertisement, given in the above mentioned websites.

2. I / We hereby certify that I / we have read the entire terms and conditions of the

tender documents from Page No. _______ to ______ (including all documents like

annexure(s), schedule(s), etc. .,), which form part of the contract agreement and I /

we shall abide hereby by the terms / conditions / clauses contained therein.

3. The corrigendum(s) issued from time to time by your department/ organization too

have also been taken into consideration, while submitting this acceptance letter.

4. I / We hereby unconditionally accept the tender conditions of above mentioned

tender document(s) / corrigendum(s) in its totality / entirety.

5. In case any provisions of this tender are found violated, then your department/

organization shall without prejudice to any other right or remedy be at liberty to

reject this tender/bid including the forfeiture of the full said earnest money deposit

absolutely.


47

Yours’s Faithfully

(Signature of the Bidder with official seal)


48

Annexure – 3

TECHNICAL BID FORMAT

L

Particulars Format for Information

1 Details of the Vendor 3.1 2 Annual Turnover during the last three years

(Audited Statement of Accounts are to be enclosed) 2016-2017 2017-2018 2018-2019 Note: - For Start-up, Valid proof of submitting IT return since the year of in-corporation.

3.2

3 Previous Project experience Name of the project Client for which the project was executed Name and contact details of the client Project Details Project Name & Description of the project Project Type Scope of work Project Components Scope of services ( functions/ modules etc1) Service levels being offered/ Quality of service (QOS) Duration of the project (no. of months, start date,

completion date, current status) Mandatory Supporting Documents:

a) Work Order or b) Self Certified copies or c) Letter from Clients

3.3 and 3.4

4 Specific Experience criteria : Details of firms experience in the relevant field (Self attested duly work completion certificate to be enclosed)

3.3 and 3.4

5 Earnest Money Deposit of Rs.____________/- EMD Vide No.______________________ Dated___________________ Amt_____________________ Bank____________________ (Signature of the Tenderer) (With Seal of the Firm / Company) Place : __________________________________ Date:____________________________________

6 Bidder having Quality Certification Appropriate CMMi Level 3

CMMi Level 5 OR

Bidders having ISO 9001 2013 Bidders having ISO 9001-2015


49

7 Details of Key Personnel:

Key Personal Required Qualification Required Experience

UI Designer B.Tech in ECE/ IT/ CSE

2+ Years of Experience in UI Designing

Sr. Software Developer



Jr. Software Developer



Test Engineer B.Tech in ECE/ IT/ CSE


Android Developer



(Attach: Qualification Certificates and Experience Letter of all the key personnel)

3.5

3.1 Format to share Particulars of the Bidder

The Table below provides the format in which general information about the Bidder must be furnished. S. No.

Information Details

1 Name of Bidder 2 Address and contact details of Bidder: 3 Registration Number and Year of

Registration (Copy to be attached)

4 Web Site Address 5 GSTIN (Copy to be attached) 6 Permanent Account Number (PAN) (Copy

to be attached)

7 Revenue for the last 3 years (2016-17, 2017-2018 and 2018-19 Year wise) Note: - For Start-up, Valid proof of submitting IT return since the year of in-corporation.

8 Name, Designation and Address of the contact person to whom all references shall be made regarding this RFP:

9 Telephone number of contact person:

10 Mobile number of contact person: 11 Fax number of contact person: 12 E-mail address of contact person:


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3.2 Format for Annual Turnover

ANNUAL TURNOVER Requirements: The Average Annual Turnover to be provided in the following format for the

last 3 Financial Years (2016-17, 2017-18 and 2018-19).

Financial Information

Financial Year 2016 – 2017 2017- 2018 2018-2019

Annual Turnover (in Lakh)

Note: Financial Information shall be certified by the Statutory Auditors along with audited balance sheet of the last three years.

Financial Information

Net worth (in Lakh)

Note: Financial Information shall be certified by the Statutory Auditors.

3.2 Format for Project Citation

S.No. Item Details Attachment Ref. No.

1 Name of the Project

2 Date of Work Order

3 Client Details

4 Scope of Work

5 Contract Value

6 Completion Date

Note: The Bidder is required to use above formats for all the projects referenced by the Bidder for the Pre-Qualification criteria and technical bid evaluation.For each assignment, please furnish a copy of work order/ contract/ completion/ on-going certificate.


51

3.3 Details of past assignments

Name of the assignment

Month, year of commencement

Month, year of completion

Client name

Client address including liaison and contact number & e-mail

Contract value

Objective of assignment

[State the desired expectations of the Client and the ground conditions at the time of beingcommissioned.]

Scope of work

[List the activities to perform as part of the contract; refer to the activities that qualify as ‘similar services’ above.]

Results achieved

[List the results achieved as a result of the activities performed. A before/after approach may be used to illustrate this.]

For each assignment, please furnish a copy of work order/ contract/ completion/ on-going certificate.


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3.4 Team Composition

Organization and Staffing. Name of Staff with Qualification and Experience

Area of Expertise Position Assigned

Note: In this section, the Bidders should indicate resources as per Team Structure provided in the Data Sheet.


53

Annexure 4

PERFORMANCE SECURITY BOND FORM

(MODEL BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY)

To

The _________________

WHEREAS.................................................................................... (Name and address

of the supplier) (Hereinafter called “the designer”) has undertaken, in pursuance of contract

no..............................................dated...................to supply (description of goods and

services) (herein after called “the contract”)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall

furnish you with a bank guarantee by a scheduled commercial recognized by you for the sum

specified therein as security for compliance with its obligations in accordance with the

contract;

AND WHEREAS we have agreed to give the supplier such a bank guarantee;

NOW THEREFORE, we hereby affirm that we are guarantors and responsible to you, on

behalf of the supplier, up to a total of .........................................(amount of the

guarantee in words and figures), and we undertake to pay you, upon your first written

demand declaring the supplier to be in default under the contract and without cavil or

argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without

your needing to prove or to show grounds or reasons for your demand or the sum specified

therein.

We hereby waive the necessity of your demanding the said debt from the supplier before

presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the

contract to be performed thereunder or of any of the contract documents which may be

made between you and the supplier shall in any way release us from any liability under this

guarantee and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid until the.......................... day of...........20........


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(Signature of the authorized officer of the Bank)

.........................................................

Name and designation of the officer

.........................................................

.........................................................

Seal, name & address of the Bank and address of the Branch


55

Annexure 5

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Subject: Authorization for attending bid opening on ---------- (date) in the tender no. -------

--------------------- Of MSCL.

Shri/ Ms. ..................................................of ...............................is hereby authorized

to attend the bid opening for the tender mentioned above on behalf of.....................

(Bidder) / in order of preference given below.

_______________________________________

______________________________________

Specimen Signature of person

Authorized to attend the bid opening

Signatures of bidder

Or

Officer authorized to sign the bid

Documents on behalf of the bidder.

Note: 1. Only one representative will be permitted to attend bid opening.

2. Permission for entry to the hall where bids are opened may be refused in case

authorization letter as above is not produced before the bid opening committee.


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Annexure 6

Format of sending pre-bid queries

RFP Reference No: XXXX Bidder’s Request For Clarification

Name and complete official address of the Bidder submitting query / request for clarification

Telephone, Fax and E-mail of the organization

Tel:

Fax:

Email:

S.No. Clause No. Page No. Content of RFP Requiring Clarification

Change Requested/ Clarification required

1.

2.

Signature: Name of the Authorized signatory: Seal: Date and Stamped: Note: Bidder(s) are requested to send the queries in PDF with Sign and Seal and also in MS Excel for making consolidation process easy.


57

Annexure – 7

AGREEMENT FOR EXECUTION OPERATION AND MAINTENANCE

This Agreement made this _____day of 20___ between Moradabad Smart City Limited

(MSCL), represented by CEO, MSCL (hereinafter called the Buyer) of the first part and

_________________________________________________________

of ____________________________ (hereinafter called the Contractor/ Designer) as the

second part.

Whereas the Buyer desires that the Construction and Operation and Maintenance of the

Works known as “Designing and Development of Website and Android Application on

Job Portal for job seeking Artisans/ Industrial Workers and Employers/

Manufacturers of various industries (like Brass, Aluminum, Steel etc.) in

Moradabad with Operation and Maintenance period of 3 Years”, should be executed

by the Contractor, and has accepted a Bid by the Contractor.

MSCL and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part

of this Agreement, viz.:

(a) The Letter of Acceptance

(b) The said Bid;

(c) The Contract Data;

(d) The Annexures;

(f) The Priced Bill of Quantities;

3. In consideration of the payments to be made by MSCL or his legal successors to the

Contractor as hereinafter mentioned, the Contractor hereby covenants with the MSCL

to execute and complete the Works and remedy any defects therein in conformity in

all respects with the provisions of the Contract and also operate and maintain the

Works at its rated capacity, including maintaining the plant and equipment in good

operating condition, normal wear and tear excepted, and remedying any defects

therein in conformity in all respects with the provisions of the Contract.

4. MSCL hereby covenants to pay the Contractor, in consideration of the execution and

completion of the Works and the remedying of defects and operation and

maintenance of the Works and the remedying of defects therein, the Contract Price or


58

such other sum as RFP Package No: ____________________________ may become

payable under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

In Witness whereof the parties hereto have caused this Agreement to be executed the day

and year first before written.

The Common seal of __________________________ was hereunto affixed in the presence

of:

or

Signed, Sealed and Delivered by the said ____________________ in the presence of:

Binding Signature of CEO,MSCL

Binding Signature of Contractor ___________________________


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Annexure - 8

Contract Form

1.This agreement is made this day..............................between ..............................,

herein after called “ name of company” the first party which expression shall include his

heirs, executors and administrators/their successors and Moradabad Smart City Limited,

herein after called “MSCL”, the second party, through Chairman, MSCL, Moradabad herein

after include his successors and assignees, shown as under :--

2.That WHEREAS the first party shall and will deliver goods and services of related Items for

MSCL, Moradabad details of which are given in annexure –I to this office tender notice

.....................................dated ............at the rated quoted by ..............................vide

their tender.............. dated ..............and as per all the terms and conditions given in notice

Inviting Tender (NIT) and the aforesaid tender notice dated...........which shall become part

and parcel of this agreement.

3. That the first party would raise demand and the payment shall be done in accordance with

Clause 29, Section II of aforesaid tender document.

4. The Performance Security Bond would be encashed by second party in case first party

fails to deliver items and/or breaches terms & condition of the aforesaid tender document.

5. In accordance with the Tender document NO. ....... this agreement is made for a period of

three years from .............., as in clause 30 of section II of the bid document as decided

upon to do so by the second party on the same terms, conditions and rate.

IN WITNESS THEROF THE ABOVE MENTIONED PARTIES HAVE PUT THEIR SIGNATURES ON

THIS ..................DAY OF......20

(Signature)

Name___________________

Name of the Company (Supplier)

__________________

(Signature)

Name___________________

Moradabad Smart City Limited


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Witness for Contractor

Witness for MSCL


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ANNEXURE‐B

(To be submitted in Non‐Judicial Stamp Paper value of Rs.100/‐)

DECLARATION (For MSE Units only)

I, ___________________ on behalf of M/s. ______________________ in the capacity of

_________________ (Position) hereby declare that

1. Our MSE Unit(s) is/ are availing benefits extended by MSME, Government of India to Microand Small Enterprises (MSEs) for the work of “…………………………………………………………” invitedvide Tender ID:

2. Our firm is participating in this tender under “MSE unit”.

NOTE*

: Strike out the conditions in (2) whichever is not applicable. Decision on any discrepancy inthis “DECLARATION” shall be at the discretion of Jhansi Smart City Limited and shall be final and binding.

SIGNATURE WITH COMPANY SEAL Date:

ATTESTED BY NOTARY PUBLIC


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Annexure 9

Format for Declaration by the Bidder for not being Blacklisted / Debarred

(To be submitted on the Letterhead of the Bidder) Date: dd/mm/yyyy To Chief Executive Officer Moradabad Smart City Limited PeeliKothi, Water Works Compound Civil Lines, Moradabad, Uttar Pradesh 244001 Subject: Declaration for not being debarred/ black-listed by Central Government/ any State Government/ Public Sector Undertaking in India or similar agencies globally as on the date of submission of the bid RFP Reference No: XXXX Dear Sir/ Ma’am, I, authorized representative of _________________________, hereby solemnly confirm that _________________________(“ Company”) is not debarred/ black-listed by the Central Government/ any State Government/ Public Sector Undertaking in India or similar agencies globally for unsatisfactory past performance, corrupt, fraudulent or any other unethical business practices or for any other reason as on last date of submission of the Bid. In the event of any deviation from the factual information/ declaration, MSCL reserves the right to reject the bid or terminate the Contract without any compensation to the Successful Bidder. Thanking you, Yours faithfully, _____________________________________ Signature of Authorized Signatory (with official seal) Date: Name: Designation: Address: Telephone & Fax: E-mail address:


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Annexure – 10

BID FORM

Tender No.

Date........................

(Name & Address of the Purchaser)

Dear Sir,

Having examined the conditions of contract and specifications including addenda Nos...... the

receipt of which is hereby duly acknowledged, we, undersigned, offer to supply and deliver

................ in conformity with said conditions of contract and specifications for sum of Rs.

_______(Total Bid amount in words and figures) or such other sums as may be ascertained

in accordance with the schedule of prices attached herewith and made part of this Bid.

We undertake, if our Bid is accepted, to commence deliveries within ( ) months and to

complete delivery of all the items specified in the contract within ( ) months calculated from

the date of issue of your purchase order.

If our Bid is accepted, we will obtain the guarantees of a Scheduled Bank for a sum not

exceeding 10% of the contract sum for the due performance of the Contract.

We agree to abide by this Bid for a period of 120 days from the date fixed for Bid opening

and it shall remain binding upon us and may be accepted at any time before the expiration

of that period.

Until a format Purchase Order of Contract is prepared and executed, this Bid together with

your written acceptance thereof in your notification of award shall constitute a binding

contract between us.

Bid submitted by us is properly sealed and prepared so as to prevent any subsequent

alteration and replacement.

We understand that you are not bound to accept the lowest or any bid, you may receive.

Dated this ..........day of ..........20

(Signature)


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Witness....................

Signature.............

Address..............

Signature of....................................

in capacity of...................................

Duly authorised to sign the bid for and on behalf

of..................

Tele No.(s):-

FAX No.(s)

E-Mail Address:-


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Annexure-11

Themainpricebidmustbesubmittedonlineintheprovided.xlsformatonly.

PRICE SCHEDULE

Sl.No.

Description of Items Qty (nos)

Units BASIC RATE In Figures To be entered by the Bidder Rs. P

TOTAL AMOUNT in Rs. P

(a) (b) (c) (d) (e) (f) [(f)=(c) x(d) x(e)]

1 Manpower Requirement for Designing and Developing the Website and Application

1.1 UI Designer cum Programmer - BE/ B.Tech with 3 years of Relevant Experience

3 Months A

1.2 Software Developer (Senior) - BE/ B.Tech with 5 years of Relevant Experience

3 Months B

1.3 Software Developer (Junior)- BE/ B.Tech with 2 years of Relevant Experience

3 Months C

1.4 Test engineer- BE/ B.Tech with 1 years of Relevant Experience

1 Month D

1.5 Android Developer- BE/ B.Tech with 3 years of Relevant Experience

3 Months E

1.6 Operation and maintenance cost per year (After 1 Year of Defect Liability Period)

24 Months F

2 Estimated Cost for Additional Items (After Go-live)

2.1 IT Help desk 1 36 Months G

2.2 IVR based Toll free system 1 36 Months H

2.3 Bulk SMS Service 2,00,000 36 Months I

2.4 Online promotion cost 1 3 Months J

2.5 Offline promotion cost 1 3 Months K

2.6 Hosting/Server cost for Website & Android App (Optional) including Server Maintenance

1 24 Months L

3 TAXES (GST)

3.1 CGST 1 LS M

3.2 SGST 1 LS N

Total In Figures (This value would be used for Financial Evaluation)

O=(Sum above)


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Note:-

1) For Manpower i.e. Sr. No. 1.1 to 1.5, the Bidder has to quote the per Month cost.

2) For Operation and Maintenance i.e Sr. No. 1.6, the Bidder has to Quote per Month Cost

3) For Additional Items i.e Sr. No. 2.1,2.2,2.4,2.5,2.6, the Bidder has to Quote Cumulative Cost for total months as specified.

4) For Additional Items i.e Sr. No. 2.3, the Bidder has to QuotePer SMS Cost of 2,00,000 SMS. The Bulk SMS would be utilized as per the directions of MSCL over the period of 36 Months for Promotional Purposes.

5) For CGST and SGST i.e Sr.No. 3.1 and 3.2, Cumulative tax applicable on all the above items has to be quoted by the Bidder

6) Pleasequotetotalcostinclusiveofallthetaxesandleviesinfigureandwords except CGST and SGST as they are to be quoted separately.


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ANNEXURE 12

CONSORTIUM AGREEMENT

DRAFT MEMORANDUM OF UNDERSTANDING EXECUTED BY MEMBERS OF THE CONSORTIUM [On Non-judicial stamp paper duly attested by notary public]

This Memorandum of Understanding (MoU) entered into this day of [Date] [Month] 2018 at [Place] among _______ ______ (hereinafter referred to as "_____") and having office at [Address], India, as Party of the First Part and _______ ______ (hereinafter referred as "_____") and having office at [Address ], as Party of the Second Part and _______ ______(hereinafter referred as "____”) and having office at [Address], as Party of the Third Part.

The parties are individually referred to as Party and collectively as Parties.

WHEREAS MORADABAD SMART CITY LIMITED, has issued a Request for Proposal dated [Date] (RFP) from the applicants interested in “Designing and Development of Website and Android Application on Job Portal for job seeking Artisans/ Industrial Workers and Employers/ Manufacturers of various industries (like Brass, Aluminum, Steel etc.) in Moradabad with Operation and Maintenance period of 3 Years”

AND WHEREAS the Parties have had discussions for formation of a Consortium for bidding for the said Project and have reached an understanding on the following points with respect to each of the Parties' rights and obligations towards each other and their working relationship.

BASIS THE MUTUAL UNDERSTANDING OF THE PARTIES, IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:

i. The purpose of this Agreement is to define the principles of collaboration among the Parties to:

a. Submit a response jointly to bid for the “Designing and Development of Website and Android Application on Job Portal for job seeking Artisans/ Industrial Workers and Employers/ Manufacturers of various industries (like Brass, Aluminum, Steel etc.) in Moradabad with Operation and Maintenance period of 3 Years” as a Consortium.

b. Sign Contract in case of award.

c. Provide and perform the supplies and services which would be ordered by the Authority pursuant to the Contract.

ii. This Agreement shall not be construed as establishing or giving effect to any legal entity such as, but not limited to, a company, a partnership, etc. It shall relate solely towards the Authority for “Designing and Development of Website and Android Application on Job Portal for job seeking Artisans/ Industrial Workers and Employers/ Manufacturers of various industries (like Brass, Aluminum, Steel etc.) in Moradabad with Operation and Maintenance period of 3 Years” for and related execution works to be performed pursuant to the Contract and shall not extend to any other activities.

iii. The Parties shall be jointly and severally responsible and bound towards the Authority for the performance of the works in accordance with the terms and conditions of the RFP document, and Contract.


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iv. ------------------------------------ (Name of Party) shall act as Lead Member of the Consortium. As such, it shall act as the coordinator of the Party’s combined activities and shall carry out the following functions:

a. To ensure the technical, commercial and administrative co-ordination of the work package

b. To lead the contract negotiations of the work package with the Authority.

c. The Lead Member is authorized to receive instructions and incur liabilities for and on behalf of all Parties.

d. In case of an award, act as channel of communication between the Authority and the Parties to execute the Contract

v. That the Parties shall carry out all responsibilities in terms of the Project Agreement.

vi. That the broad roles and the responsibilities of each Party as per each member’s field of expertise at each stage of the bidding shall be as below:

Party A: ________________________________________________

Party B: ________________________________________________

vii. That the proposed administrative arrangements (organization chart) for the management and execution of the Project shall be as follows:

viii. That the Parties agree that all the members of the Consortium shall be jointly and severally liable for all obligations in relation to the Contract until the completion of the Project in accordance with the Contract;

ix. Parties affirm that they shall implement the Project in good faith and shall take all necessary steps to see the Project through expeditiously.

x. That this MoU shall be governed in accordance with the laws of India and courts in Himachal Pradesh shall have exclusive jurisdiction to adjudicate disputes arising from the terms herein.

In witness whereof the Parties affirm that the information provided is accurate and true and have caused this MoU duly executed on the date and year above mentioned.

(Party of the first part) (Party of the second part) (Party of the third part)

Witness:

i. _____ ____

ii. _____ ____


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Annexure-13

Format for Bank Guarantee for EMD

B.G. No. Dated: 1. In consideration of you, *** **, having its office at *** **, (hereinafter referred to as the “Employer”, which expression shall unless it be repugnant to the subject or context thereof include its, successors and assigns) having agreed to receive the BID of …………………… and having its registered office at ……………………… (hereinafter referred to as the “Bidder” which expression shall unless it be repugnant to the subject or context thereof include its/their executors, administrators, successors and assigns), for the *** ** Project (hereinafter referred to as “the Project”) pursuant to the RFP Document dated …………… issued in respect of the Project and other related documents including without limitation the draft contract Agreement (hereinafter collectively referred to as “Bidding Documents”), we (Name of the Bank) having our registered office at ………………… and one of its branches at …………………….. (hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby as per terms of the RFP Document, irrevocably, unconditionally and without reservation guarantee the due and faithful fulfilment and compliance of the terms and conditions of the Bidding Documents (including the RFP Document) by the said Bidder and unconditionally and irrevocably undertake to pay forthwith to the Employer an amount of Rs. *** ** (Rupees *** ** only) (hereinafter referred to as the “Guarantee”) as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any of the terms and conditions contained in the said Bidding Documents. 2. Any such written demand made by the Employer stating that the Bidder is in default of the due and faithful fulfilment and compliance with the terms and conditions contained in the Bidding Documents shall be final, conclusive and binding on the Bank. 3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee without any demur, reservation, recourse, contest or protest and without any reference to the Bidder or any other person and irrespective of whether the claim of the Employer is disputed by the Bidder or not, merely on the first demand from the Employer stating that the amount claimed is due to the Employer by reason of failure of the Bidder to fulfil and comply with the terms and conditions contained in the Bidding Documents including failure of the said Bidder to keep its BID open during the BID validity period as set forth in the said Bidding Documents for any reason whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. *** ** (Rupees *** ** only). 4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one hundred and eighty) days from the BID Due Date inclusive of a claim period of 60 (sixty) days or for such extended period as may be mutually agreed between the Employer and the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts under this Guarantee have been paid. 5. We, the Bank, further agree that the Employer shall be the sole judge to decide as to whether the Bidder is in default of due and faithful fulfilment and compliance with the terms and conditions contained in the Bidding Documents including, inter alia, the failure of the Bidder to keep its BID open during the BID validity period set forth in the said Bidding Documents, and the decision of the Employer that the Bidder is in default as aforesaid shall be final and binding on us, notwithstanding any differences between the Employer and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any other Authority. 6. The Guarantee shall not be affected by any change in the constitution or winding up of the


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Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with any other person. 7. In order to give full effect to this Guarantee, the Employer shall be entitled to treat the Bank as the principal debtor. The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions contained in the said Bidding Documents or to extend time for submission of the BIDs or the BID validity period or the period for conveying acceptance of Letter of Award by the Bidder or the period for fulfilment and compliance with all or any of the terms and conditions contained in the said Bidding Documents by the said Bidder or to postpone for any time and from time to time any of the powers exercisable by it against the said Bidder and either to enforce or forbear from enforcing any of the terms and conditions contained in the said Bidding Documents or the securities available to the Employer, and the Bank shall not be released from its liability under these presents by any exercise by the Employer of the liberty with reference to the matters aforesaid or by reason of time being given to the said Bidder or any other forbearance, act or omission on the part of the Employer or any indulgence by the Employer to the said Bidder or by any change in the constitution of the Employer or its absorption, merger or amalgamation with any other person or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of releasing the Bank from its such liability. 8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed to the Bank and sent by courier or by registered mail to the Bank at the address set forth herein. 9. We undertake to make the payment on receipt of your notice of claim on us addressed to [name of Bank along with branch address] and delivered at our above branch which shall be deemed to have been duly authorized to receive the said notice of claim. 10. It shall not be necessary for the Employer to proceed against the said Bidder before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any other security which the Employer may have obtained from the said Bidder or any other person and which shall, at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the previous express consent of the Employer in writing. 12. The Bank declares that it has power to issue this Guarantee and discharge the obligations contemplated herein, the undersigned is duly authorized and has full power to execute this Guarantee for and on behalf of the Bank. 13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. *** crore (Rupees *** ** crore only). The Bank shall be liable to pay the said amount or any part thereof only if the Employer serves a written claim on the Bank in accordance with paragraph 9 hereof, on or before [*** (indicate date falling 180 days after the BID Due Date)]. Signed and Delivered by ………………………. Bank By the hand of Mr./Ms …………………….., its ………………….. and authorized official.


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SECTION 5

GENERAL CONDITIONS OF THE CONTRACT 1. APPLICATION:

The General Conditions shall apply in contracts made by the Purchaser for the procurement

of Goods.

2. STANDARDS:

The Goods and Services supplied under this contract shall conform to the standards

prescribed in the Technical Specifications mentioned in Annexure-I.

3. PATENT RIGHTS:

The Supplier shall indemnify the Purchaser against all third-party claims of infringement of

patent, trademark or industrial design rights arising from use of the goods or any part

thereof.

4. PERFORMANCE SECURITY:

4.1 The supplier shall furnish performance security to the purchaser for an amount equal to

10% of the value of the contract within 7 days from the date of issue of Work Order by the

Purchaser.

4.2 The proceeds of the performance security shall be payable to the Purchaser as

compensation for any loss resulting from the supplier’s failure to complete its obligations

under the Contract.

4.3 The Performance Security Bond shall be in the form of Bank Guarantee only issued by a

Scheduled Bank and in the form provided in ‘Annexure-IV’ of this Bid Document. The validity

of Performance Guarantee shall be 60 days beyond the date of completion of all contractual

obligations of the supplier including warranty obligations.

4.4 The Performance Security Bond will be discharged by the Purchaser without interest

after a period of sixty days beyond completion of the supplier’s performance obligations

including any warranty obligations under the contract.

5. INSPECTION, VALIDATION AND TESTS

5.1 The Purchaser or his representative shall have the right to inspect, validate and test the


72

goods and services rendered as per prescribed test schedules for their conformity to the

specifications. Where the Purchaser decides to conduct such tests on the premises of the

supplier or its subcontractor(s), all reasonable facilities and assistance like Testing

instruments and other test gadgets including access to drawings and production data shall

be furnished to the inspectors without any charge to the purchaser.

5.2 Should any inspected or tested goods fail to conform to the specifications the purchaser

may reject them and the supplier shall either replace the rejected goods or make all

alterations necessary to meet Specification requirements free of cost to the purchaser.

5.3 Notwithstanding the pre-supply tests and inspections prescribed in clause 5.1 & 5.2

above, the equipment and accessories on receipt in the Purchaser’s premises will also be

tested during and after installation before successful “Go-live” and if any equipment or part

thereof is found defective, the same shall be replaced free of all cost to the purchaser as laid

down in clause 5.4 below.

5.4 If any equipment or any part thereof, before it is taken over under clause 5.5, is found

defective or fails to fulfill the requirements of the contract, the inspector/ officer appointed

by the CEO shall give the Supplier notice setting forth details of such defects or failure and

the supplier shall make the defective equipment good, or alter the same to make it comply

with the requirements of the contract forthwith and in any case within a period not

exceeding three months of the initial report. These replacements shall be made by the

supplier free of all charges at site. Should it fail to do so within this time, the purchaser

reserves the discretion to reject and replace at the cost of the supplier the whole or any

portion of equipment as the case may be, which is defective or fails to fulfill the

requirements of the contract. The cost of any such replacement made by the purchaser shall

be deducted from the amount payable to the supplier.

5.5 When the performance tests called for have been successfully carried out, the inspector /

ultimate consignee will forthwith issue a Taking Over Certificate. The inspector /ultimate

consignee shall not delay the issue of any “taking Over Certificate” contemplated by this

clause on account of minor defects in the equipment which do not materially affect the

commercial use thereof provided that the supplier shall undertake to make good the same in

a time period not exceeding six months. The Taking over Certificate shall be issued by the

ultimate consignee within six weeks of successful completion of tests..

5.6 Nothing in clause 5 shall in any way release the Supplier from any warranty or other

obligations under this contract.


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6. DELIVERY:

6.1 Delivery of the goods & services and documents shall be made by the Supplier in

accordance with the terms specified by the Purchaser in its Schedule of Requirements and

special conditions of contract and the goods shall remain at the risk of the Supplier until

delivery has been completed. The delivery of the equipment shall be to the ultimate

consignee as given in the purchase order.

6.2 The delivery of the goods and documents shall commence immediately on placement of

Purchase Order as per actual requirements and be completed within ONE WEEK thereafter.

7. WARRANTY:

7.1 The supplier shall warrant that the stores to be supplied shall be new and free from all

defects and faults in materials used, workmanship and manufacture and shall be of the

highest grade and consistent with the established and generally accepted standards for

materials of the type ordered and shall perform in full conformity with the specifications and

drawings. The supplier shall be responsible for any defect that may develop under the

conditions provided by the contract and under proper use, arising from faulty material,

design or workmanship such as corrosion of the equipment, inadequate quantity of material

to meet equipment requirements, inadequate contact protection, deficiencies in circuit

design and/or otherwise and shall remedy such defects at his own cost when called upon to

do so by the Purchaser who shall state in writing in what respect the stores are faulty. This

warranty shall survive inspection or payment for / and acceptance of goods, but shall expire

(except in respect of complaints notified prior to such date) three years after the stores have

been taken over under clause 5.5 above.

7.2 If it becomes necessary for the Supplier to replace or renew any defective portion(s) of

the equipment under this clause, the provisions of the clause 10.1 shall apply to the

portion(s) of the equipment so replaced or renewed or until the end of the above mentioned

period of three months, whichever may be later. If any defect is not remedied by the

supplier within a reasonable time, the Purchaser may proceed to get the defects remedied

from other supplier etc., at the supplier’s risk and expenses, but without prejudice to any

other rights which the purchaser may have against the supplier in respect of such defects.

7.3 Replacement under warranty clause shall be made by the supplier free of all charges at

site including freight, insurance and other incidental charges.

8. PAYMENT TERMS:


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8.1 Payment to the selected Bidder will be made as per the timelines and milestones as

mentioned in the Clause 23 of Section 2.

9. PRICES

9.1 (i) (a) Prices charged by the supplier for goods & services delivered and services

performed under the contract shall not be higher than the prices quoted by the Supplier in

his Bid.

(b) In the case of downward revision of Statutory Levies/Taxes during the finalization period

of tender, the benefit has to be transferred to the buyer and the Purchaser reserves the right

to ask for reduction in the prices.

(ii) (a) Prices once fixed will remain valid during the entire period of contract. Increase

of Taxes and other statutory duties will not affect the price during this period.

(b) Any increase in taxes and other statutory duties/levies after the expiry of the delivery

date shall be to the supplier’s account. However, benefit of any decrease in these

taxes/duties shall be passed on to the Purchaser by the supplier.

10. Change in Work Order:

10.1 The purchaser may, at any time, by written order given to supplier, make change

within the general scope of contract.

11. SUBCONTRACTS

The supplier shall not subcontract the work awarded to him under this tender. If it is found

at any stage that the supplier has sub-contracted the work, his all pending payments and

performance security shall be forfeited and contract will be terminated without any liability

to MSCL.

12. DELAYS IN THE SUPPLIER’S PERFORMANCE:

12.1 Delivery of the Goods and performance of the services shall be made by the Supplier in

accordance with the time schedule specified by the purchaser in its purchase order. In case

the supply is not completed in the stipulated delivery period, as indicated in the Work Order,

purchasers reserves the right to short close /cancel this purchase order and/or recover

liquidated damage charges. The cancellation/short closing of the order shall be at the risk

and responsibility of the supplier and purchaser reserves the right to purchase balance

unsupplied item at the risk and cost of the defaulting vendors.


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12.2 Delay by the Supplier in the performance of its delivery obligations shall render the

Supplier liable to any or all of the following sanctions: forfeiture of its performance security,

imposition of liquidated damages and/or termination of the contract for default.

12.3 If at any time during the performance of the contract, the supplier encounters condition

impending timely delivery of the goods and performance of service, the Supplier shall

promptly notify to the Purchaser in writing the fact of the delay, its likely duration and its

cause(s). As soon as practicable after receipt of the supplier’s notice, the Purchaser shall

evaluate the situation and may at its discretion extend the period for performance of the

contract (by not more than 14 days) subject to extending performance security by the

supplier accordingly.

12.4 If the supplies are not completed in the extended delivery period, the purchase order

shall be short-closed and the Performance securities shall be forfeited.

13. LIQUIDATED DAMAGES

13.1 The date of delivery of goods and services stipulated in the acceptance of the tender

should be deemed to be the essence of the contract and delivery must be completed not

later than the dates specified therein. Extension will not be given except in exceptional

circumstances. Should, however, deliveries be made after expiry of the contracted delivery

period, without prior concurrence of the purchaser and be accepted by the consignee, such

delivery will not deprive the purchaser of his right to recover liquidated damage.

14. FORCE MAJEURE

If, at any time, during the continuance of this contract, the performance in whole or in part

by either party of any obligation under this contract is prevented or delayed by reasons of

any war or hostility, acts of the public enemy, civil commotion, sabotage , fires, floods,

terrorist activities, epidemics, quarantine restrictions, strikes, lockouts or act of God

(hereinafter referred to as events) provided notice of happenings of any such eventuality is

given by either party to the other within 7 days from the date of occurrence thereof, neither

party shall by reason of such event be entitled to terminate this contract nor shall either

party have any claim for damages against other in respect of such non-performance or delay

in performance, and deliveries under the contract shall be resumed as soon as practicable

after such an event come to an end or cease to exist, and the decision of the Purchaser as to

whether the deliveries have been so resumed or not shall be final and conclusive. Further

that if the performance in whole or part of any obligation under this contract is prevented or


76

delayed by reasons of any such event for a period exceeding 60 days, either party may, at

its option, terminate the contract.

15. TERMINATION FOR DEFAULT

15.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by

written notice of default, sent to the supplier, terminate this contract in whole or in part

a) If the supplier fails on any or all of the delivery within the time period(s) specified in the

contract, or any extension thereof granted by the purchaser pursuant to clause 12;

b) If the supplier fails to perform any other obligation(s) under the Contract; and

c) If the supplier, in either of the above circumstances, does not remedy his failure within a

period of 15 days (or such longer period as the purchaser may authorize in writing) after

receipt of the default notice from the purchaser.

15.2 In the event the purchaser terminates the contract in part pursuant to Para 15.1 the

purchaser may procure, upon such terms and in such manner as it deems appropriate,

goods and services similar to those undelivered and the supplier shall be liable to the

Purchaser for any excess cost for such similar goods or services. However, the supplier shall

continue the performance of the contract to the extent not terminated.

16. TERMINATION FOR INSOLVENCY

The Purchaser may at any time terminate the Contract by giving written notice to the

Supplier, without compensation to the supplier. If the supplier becomes bankrupt or

otherwise insolvent as declared by the competent court provided that such termination will

not prejudice or affect any right of action or remedy which has accrued or will accrue

thereafter to the purchaser.

17. ARBITRATION

17.1 In the event of any question, dispute or difference arising under this agreement

or in connection there-with (except as to matter the decision of which is specifically provided

under this agreement), the same shall be referred to sole arbitration of the Chairman, MSCL

or in case his designation is changed or his office is abolished then in such case to the sole

arbitration of the officer for the time being entrusted whether in addition to his own duties or

otherwise than the functions of the Chairman, MSCL or by whatever designation such officers

may be called (hereinafter referred to as the said officer) and if the Chairman, MSCL, or the


77

said officer is unable or unwilling to act as such to the sole arbitration or some other person

appointed by the Chairman, MSCL, or the said officer. The agreement to appoint an

arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. There will be

no objection to any such appointment on the ground that the arbitrator is MSCL Employee or

that he has to deal with the matter to which the agreement relates or that in the course of

his duties as MSCL Employee he has expressed views on all or any of the matter under

dispute. The award of the arbitrator shall be final and binding on the parties. In the event of

such arbitrator to whom the matter is originally referred, being transferred or vacating his

office or being unable to act for any reasons whatsoever such Chairman, MSCL or the said

officer shall appoint another person to act as arbitrator in accordance with terms of the

agreement and the person so appointed shall be entitled to proceed from the stage at which

it was left out by his predecessors.

17.2 The arbitrator may from time to time with the consent of parties enlarge the time for

making and publishing the award. Subject to aforesaid Indian Arbitration and Conciliation

Act 1996 and the Rules made there under, any modification thereof for the time being in

force shall be deemed to apply to the arbitration proceeding under this clause.

17.3 The venue of the arbitration proceeding shall be the Office of the Chairman, MSCL,

Moradabad or such other Places as the arbitrator may decide.

If the supplier is dissatisfied with the arbitration proceeding or the Chairman, MSCL decides

then then the following procedure for arbitration will be followed

(a) In case of Dispute or difference arising between the Employer and a supplier relating to

any matter arising out of or connected with this agreement, such disputes or difference shall

be settled in accordance with the Arbitration and Conciliation Act 1996. The parties shall

make efforts to agree on a sole arbitrator and only if such an attempt does not succeed and

the Arbitral Tribunal consisting of 3 arbitrators one each to be appointed by the Employer

and the Supplier and the third Arbitrator to be chosen by the two Arbitrators so appointed by

the Parties to act as Presiding Arbitrator shall be considered. In case of failure of the two

arbitrators appointed by the parties to reach upon a consensus within a period of 30 days

from the appointment of the arbitrator appointed subsequently, the Presiding Arbitrator shall

be appointed by the State Government.

(b) The Arbitral Tribunal shall consist of three Arbitrators one each to be appointed by the

Employer and the Supplier. The third Arbitrator shall be chosen by the two Arbitrators so

appointed by the Parties, and shall act a presiding arbitrator. In case of failure of the two


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arbitrators appointed by the parties to reach upon a consensus within a period of 30 days

from the appointment of the arbitrator appointed subsequently, the Presiding arbitrator shall

be appointed by the State Government.

(c) If one of the parties fails to appoint its arbitrator in pursuance of sub clause (a) and (b)

above within 30 days after receipt of the notice of the appointment of its arbitrator by the

other party, then the State Government shall appoint the arbitrator. A certified copy of the

order of the State Government, making such an appointment shall be furnished to each of

the parties.

(d) Arbitration proceedings shall be held in Moradabad, Uttar Pradesh, India, and the

language of the arbitration proceedings and that of all documents and communication

between the parties shall be in Hindi/English.

(e) The decision of the majority of arbitrators shall be final and binding upon both parties.

The cost and expenses of Arbitration proceedings will be paid as determined by the arbitral

tribunal. However, the expenses incurred by each party in connection with the preparation

presentation etc. of its proceedings as also the fees and expenses paid to the arbitrator

appointed by such party or on its behalf shall be borne by each party itself.

(f) Performance under the contract shall continue during the arbitration proceedings and

payments due to the supplier by the owners shall not be withheld, unless they are the

subject matter of the arbitration proceedings.

18. SET OFF

Any sum of money due and payable to the supplier (including security deposit refundable to

him) under this contract may be appropriated by the purchaser or MSCL or any other

person(s) contracting through the MSCL and set off the same against any claim of the

Purchaser or MSCL or such other person or person(s) for payment of a sum of money arising

out of this contract or under any other contract made by the supplier with the Purchaser or

MSCL or such other person(s) contracting through the MSCL


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SECTION 6

SPECIAL CONDITIONS OF THE CONTRACT

MSCL(“the Owner”) has agreed to engage Developer (the Bidder) to design and develop a website (the “Website”) for MSCL for the Project” Design and Development of Website and Android Application on Job Portal for workers (Artisans) and Manufacturers of various industries (like Brass, Aluminum, Steel etc.) in Moradabad with Operation and Maintenance of 3 Years” and Developer has agreed to provide services(“the Deliverables”) in accordance with the terms of this Agreement.

In exchange for good, services and valuable consideration, MSCL and Developer agree as follows:

Developer’s Responsibilities.

Developer agrees to design and develop the Website and Mobile Application of Moradabad City in accordance with (a) the scope and specifications which are set forth on the attached Annexure 1 to this Bid Document (RFP Ref. No. ………………………..), and the other instructions and materials provided by Owner from time-to-during the terms of this Agreement and (b) the development schedule set forth on the attached Section 3 Data Sheet to theBid Document.

Website and Android Application Design.

The design of the Website and Android Application shall be in substantial conformity with the Scope and Specification defined in Annexure 1. Developer shall develop the Website to project the highest professional image.

Accessibility during Development.

Throughout the development of the prototype and the final Website and Mobile Application, the Website and Mobile Application shall be accessible to MSCL. Until Owner has approved the final Website and Mobile Application, none of the web pages for the Website will be accessible to end users.

Delivery of Deliverables.

Upon Owner’s approval of the final Website and Mobile Application, or upon termination of this Agreement, whichever occurs earlier, Developer shall deliver to Owner all code, documentation, reports, images, artwork, text, and other materials developed by Developer in the course of its performance under this Agreement and any other terms reasonably necessary for the operation of the Website and Mobile Application, other than third party operating system software, third party networking software, web browsers, and hardware, and all changes and enhancements thereto. Documentation shall be delivered in printed format and in electronic format. Code shall be delivered in electronic format. Developer shall maintain its backups and one set of the Deliverables for a period of six (6) months after


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Owner’s approval of the final Website. If this Agreement is terminated prior to final approval, or upon expiration of the six-month period, Developer will destroy all of its copies of the Deliverables, including all backups thereof, and permanently destroy all files constituting final or working copies of any Deliverables from Developer’s computers and back-up materials unless otherwise directed in writing by Owner.

Domain Name.

The Website shall have the domain name designated by Owner (the “Domain Name”). Owner shall register the Domain Name or, at Owner’s option and upon Owner’s request, Developer shall register the Domain Name on Owner’s behalf. Unless otherwise agreed in writing by the parties, Owner shall be listed as the registrant, and administrative and technical contact for the Domain Name. Owner shall reimburse Developer for any registration fees incurred by Developer in registering the Domain Name for Owner. If, by agreement of the parties, Developer is listed as the registrant or technical or administrative contact for the Domain Name, then Developer shall maintain and renew registration of the Domain Name, and pay any applicable fees associated therewith, throughout the term of this Agreement. If, by agreement of the parties, Developer is listed as the registrant or technical or administrative contact for the Domain Name, then upon any termination of this Agreement for any reason, Developer shall take all action necessary to transfer the name of registrant and the technical and administrative contact information for the Domain Name to Owner or designee of Owner within five (5) days of termination of this Agreement, or within five (5) days of Owner providing such information or taking such action as required to effectuate the transfer.

Fees.

Owner agrees to pay Developer the amounts and in accordance with the payment terms set forth on the attached Section 3 Data Sheet to this Agreement. If there is a dispute with regard to whether work was actually completed or whether an invoice is properly payable, the amount of the invoice in dispute shall not be due until the dispute is resolved.

Expenses.

Except as expressly agreed otherwise in writing by Owner, Developer shall bear all of its own expenses arising from its performance of its obligations under this Agreement. Owner shall have no obligation to provide office space, work facilities, equipment, clerical services, programming services, or the like.

Future Development and Enhancements and License.

Owner and Developer agree and acknowledge that Owner may from time-to-time after termination of this Agreement request that Developer enhance, update, create new versions, create bug fixes, or otherwise modify the Website (“Enhancements”). Owner shall have no obligation to engage Developer in connection with any Enhancements. Developer shall charge Owner for such services at Developer’s current standard rate. Developer agrees that such rates will not increase by more than ten percent (10%) during any calendar year and


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that such rates will not increase more than one (1) time in any two (2) calendar year period. Developer agrees to assign, and hereby assigns all right, title and interest, including all copyright rights and other intellectual property rights, in and to the Enhancements to Owner. Upon completion, all Enhancements shall be included in the definition of the Deliverables under this Agreement and shall be governed by the terms and conditions of this Agreement. Owner hereby grants to Developer a revocable, non-exclusive license to use and access the Website for the sole purpose of creating Enhancements. This license may be terminated by Owner at any time.

Confidential Information of Owner.

Developer acknowledges that Developer may have access to information of Owner that is considered by Owner to be confidential or proprietary including, without limitation, real property listing information, including all intellectual property rights, trade secrets, copyrights, customer lists, and customer information (“Confidential Information”). Confidential Information does not include information that (a) has been made public by an act or omission by a party other than Developer; (b) Developer receives from an unrelated third party without restriction on disclosure and without breach of a nondisclosure obligation; (c) Developer knew prior to receiving such information; or (d) Developer develops independently without use of Confidential Information. Developer agrees to maintain as confidential and not disclose the Confidential Information to any third party and will not use any Confidential Information for any purpose other than for the performance of its obligations under this Agreement. Developer agrees to use all reasonable efforts to prevent any unauthorized disclosure of Confidential Information disclosed by Owner under this Agreement.

Developer acknowledges and agrees that Owner does not wish to receive from Developer any confidential information of Developer or of any third party. Developer represents and warrants that any information provided to Owner in connection with this Agreement shall not be confidential or proprietary to Developer or any third party.

Developer shall immediately notify Owner upon discovery of any unauthorized use or disclosure of Confidential Information, or any other breach of this Agreement, and will cooperate with Owner in every reasonable way to regain possession of the Confidential Information and prevent its unauthorized use.

Ownership of Owner Content.

Developer acknowledges and agrees that all Owner Content is a proprietary, original work of authorship of Owner, or licensed or assigned to Owner, and is protected under copyright, trademark, patent and trade secret laws of general applicability. Developer further acknowledges and agrees that all right, title, and interest in and to the Owner Content, and any portion of the Owner Content, together with all modifications, enhancements, and derivative works of the Owner Content, whether or not made by Developer, including all copyright rights, are and shall remain with Owner or its licensors. Developer agrees to assign and transfer and does hereby irrevocably assign and transfer to Owner any and all right, title, and interest, including all copyright rights and other intellectual property rights,


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and all actions and causes of action related to the foregoing, and all damages, profits, and other recoveries related thereto, which Developer may have or acquire in and to the Owner Content and any and all modifications or derivative works made by Developer to the Owner Content. Developer agrees to execute all documents and take all action reasonably requested by Owner in connection with the assignment of rights to Owner. Developer agrees that it will not challenge or take any action inconsistent with Owner’s rights to the Owner Content.

Trademarks.

Owner grants to Developer a limited, non-exclusive, revocable license to use the trademarks of Owner solely for use on the Website and in exactly the form designated by Owner. The license granted under this Agreement may be terminated at any time by Owner, in its sole discretion, upon ten (10) days notice. Developer agrees and acknowledges that the license of the Owner’s trademarks is made without any representations or warranties of any kind or nature. Owner does not make any representations or warranties regarding title to any Owner trademark, the rights of any other persons or entities to the Owner trademarks, or with regard to the enforceability of any rights to any Owner trademark. Except as provided in this Agreement, no other right is granted to Developer under this Agreement with respect to any trademarks of Owner. Developer agrees that it will not file any applications or assert any rights to any of Owner’s trademarks in India, or any other country or territory.

Ownership of Deliverables.

Owner and Developer intend that, except as set forth below, all elements of all Deliverables shall be exclusively owned by Owner, and Owner shall exclusively own all copyrights and all other intellectual property rights in the Deliverables. Accordingly, Developer agrees to assign and transfer and does hereby irrevocably assign and transfer to Owner any and all right, title, and interest, including all copyright rights and other intellectual property rights, and all actions and causes of action related to the foregoing, and all damages, profits, and other recoveries related thereto, which Developer may have or acquire in and to any and all Deliverables. Such rights, title, and interest shall be deemed assigned as of the moment of creation without the necessity of any further action on the part of either party. Developer agrees to take all action and execute and deliver to Owner all documents requested by Owner in connection with the transfer and assignment of rights in and to the Deliverables to Owner, and any copyright application for and registration of the Deliverables or any elements of the Deliverables. If the foregoing assignment is determined to be unenforceable for any reason, Developer hereby grants to Owner an exclusive, non-revocable, fully paid, copyright license to sublicense through multiple tiers, perform, publish, display, reproduce, create derivative works of, and distribute any or all of the Deliverables or any derivative works thereof.

In the event for any reason, after reasonable effort, Developer fails to execute and deliver to Owner any document requested by Owner under this Agreement, Developer hereby irrevocably designates and appoints Owner, and its officers and agents, as Developer’s attorney in fact, which appointment is coupled with an interest, to act for and in behalf of


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Developer to execute, verify, and file any such documents and to do all other lawfully permitted acts to further the purposes of this Agreement with the same legal force and effect as if executed by Developer. Developer hereby waives any and all claims, of any nature whatsoever, which Developer now or may hereafter have for infringement of the Deliverables assigned to Owner under this Agreement.

Copyright Notices.

Developer shall include on the Website any and all copyright or other notices as requested by Owner.

Work Only by Developer.

Excepting any co-developer who is engaged by Owner to co-develop the Website with Developer, no individuals or entities other than Developer and Developer’s employees shall undertake any work in connection with this Agreement. Developer shall obtain and maintain in effect written agreements with each of its employees who participate in any of Developer’s work under this Agreement, which agreements shall contain terms sufficient for Developer to comply with all provisions of this Agreement and to support all grants and assignments of rights and ownership under this Agreement. Such agreements also shall impose an obligation of confidentiality on such employees with respect to Owner’s Confidential Information.

Indemnification/No Infringement.

In performing services under this Agreement, Developer agrees not to design, develop, or provide to Owner any items, including any Deliverables that infringe any patents, copyrights, trademarks or other intellectual property rights, including trade secrets, privacy, or other rights of any person or entity. If Developer becomes aware of any such possible infringement in the course of performing any work hereunder, Developer shall immediately notify Owner in writing. Developer agrees to indemnify, defend, and hold Owner, its officers, directors, members, employees, representatives, agents, and the like harmless for any such alleged or actual infringement of the rights of a third party, including any patent, copyright, trademark, trade secret, privacy, or other intellectual property or proprietary rights, and for any liability, debt, or other obligation arising out of orresulting from any breach by Developer of this Agreement, performance or failed performance under this Agreement, or use of any Deliverables. This indemnification shall include Owner’s attorney fees and expenses. Owner shall have the right, at its option, to control its own defense and engage counsel acceptable to Owner.

Developer’s Representations and Warranties.

Developer represents and warrants to Owner as follows:

No Conflict. Developer is under no obligation or restriction that would in any way interfere or conflict with the work to be performed by Developer under this Agreement. Owner understands that Developer is currently working on one or more similar works for other


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customers. Provided that those works do not interfere or conflict with Developer’s obligations under this Agreement, those works shall not constitute a violation of this Agreement by Developer.

Ownership Rights.

(1) Developer is and will be the sole author of all works employed by Developer in preparing any and all Deliverables;

(2) Developer has and will have full and sufficient right to assign or grant the rights and/or licenses granted in the Deliverables pursuant to this Agreement;

(3) All Deliverables have not been and will not be published under circumstances that would cause a loss of copyright therein; and

(4) All Deliverables, do not and will not infringe any patents, copyrights, trademarks or other intellectual property rights, including trade secrets, privacy, or similar rights of any person or entity, nor has any claim, whether or not embodied in an action, past or present, of such infringement been threatened or asserted, nor is such a claim pending against Developer or, insofar as Developer is aware, against any entity from which Developer has obtained such rights.

Conformity, Performance, and Compliance.

(1) All Deliverables shall be prepared in a workmanlike manner and with professional diligence and skill;

(2) All Deliverables will function under latest open source conventions;

(3) All Deliverables will conform to the specifications and functions set forth in this Agreement; and

(4) Developer will perform all work under this Agreement in compliance with applicable laws. Developer will repair any Deliverable that does not meet this warranty within a reasonable period of time if the defect affects the usability of the Website, and otherwise will repair the defect within twenty four (24) hours, such repairs to be free of charge to Owner. This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other changes that do not result from any error on the part of Developer.

The media on which the Deliverables is or will be contained shall not knowingly contain any computer instructions which purpose is to disrupt, damage or interfere with the use of any other computer programs or computer telecommunications facilities for their commercial purposes, or perform functions which are not an appropriate part of the functionality of the applicable computer programs, and which result is to disrupt the use or operation of such computer programs. The Deliverables shall not knowingly contain any virus, worm, Trojan horse, or other similar code, or any mechanism which electronically notifies the user of any fact or event, nor any key, node lock, time-out, logic bomb or other function, implemented


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by any means, which may restrict use of or access to any programs, data or equipment.

Independent Contractor. Developer, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall be construed as constituting an employment, joint venture, or partnership relationship between Developer and Owner. Developer shall be solely responsible for and shall hold Owner harmless for any and all claims for taxes, fees, or costs, including but not limited to withholding, income tax and workmen’s compensation.

Injunctive Relief. Owner and Developer agree that any default under or breach of any Sections of this Agreement will result in immediate and irreparable injury and harm to Owner, which shall have, in addition to any and all remedies of law and other consequences under this Agreement, the right to an injunction, specific performance or other equitable relief to prevent the default under or breach of this Agreement. The forgoing remedies shall in no way limit any other remedies which Owner may have, including, without limitation, the right to seek monetary damages.

Termination. Unless earlier terminated in accordance with this Section 17, this Agreement shall continue in effect until the Website is operational and has been accepted by Owner. Owner may, at its sole option, terminate this Agreement immediately upon written notice to Developer. Upon receipt of notice of such termination, Developer shall inform Owner of the extent to which performance has been completed through the date of termination and collect and deliver to Owner whatever work product and Deliverables then exist in a manner prescribed by Owner. Developer may not terminate this Agreement except upon the occurrence of a material default by Owner which has not been cured within thirty (30) days after written notice to Owner.

Costs of Litigation. If any action is brought by either party to this Agreement against the other party regarding the subject matter of this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees, costs, and expenses of litigation.

No Assignment. Developer may not assign or delegate, sublicense or otherwise transfer this Agreement, or its services to be performed or obligations under this Agreement.

Waiver. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

Integration. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. All schedules referenced in the Bid Document shall be incorporated into this Agreement by this reference. This Agreement shall not be modified or


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amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

Service Level Agreement Clause Application Development Sr. No

Parameter Metric Basis Penalty

1 Adherence to planned implementation schedule. Project Initiation Team Mobilization User Acceptance

Testing Implementation

and Operational Acceptance

The delay for each milestone as per the planned schedule should not exceed more than a week without a justified reason agreed and approved by MSCL. Thereafter for each week of delay, penalty will be levied.


2 Submission of deliverables as relevant to the individual milestones/stages Various deliverables such as Inception Report Survey Report Project Plan Quality Plan Design Documents SRS Test Cases and

results User Manuals Training Manual Technical Documents

etc.

To be submitted within 10 days of the completion of the individual milestone.


Application Performance Sr. No


3 Average Response Time during peak usage hours as measured by EMS tool

Less than or equal to 10 seconds

Per occurrence. This will be calculated monthly after the Go-live of the application.

Per occurrence penalty shall be Rs. 1,000. Maximum penalty of 10 % is permissible, post which MSCL may

4 Application Uptime Database Server

>= 99.95% Per occurrence.


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Uptime Application

Server Uptime Web Server

Uptime All SAN Storage

Uptime Any other IT

component in the Infrastructure Architecture

This will be calculated monthly after the Go-live of the application.

invoke Annulment of the contract. Penalty will be deducted from the quarterly payments.

5. Recovery Time Object (RTO)

15min. Per occurrence. This will be calculated quarterly after the Go-live of the application


6. Recovery Point Object(RPO)

24hr. Per occurrence. This will be calculated quarterly after the Go-live of the application


Security Audit and ISO Certification Sr. No


7 Third Party Security Audit Certificate for the entire application and

Once every year Per occurrence Please refer Note* mentioned


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the action taken report by the Implementation agency

at the end of this clause.

*Note:¼ per week of the contract cost if the time period of project implementation is more than 2 year Maximum penalty in such cases can be up to 5 % of the contract cost, post which MSCL may invoke annulment of the contract. Service Level Agreement for IVRS

# Measurement Definition

Calculation Period

Measurement Interval

Reporting period Target Penalty

1

System uptime (Voice

response available to customer)

It will be calculated based on formula “Total uptime in minutes

X 100/ Total minutes of

operation in a month”. This will be calculated for

service window for 12‐hour (8 AM to 8 PM), 7‐days /week. For example, if the system was down for 2 hours and up

for 358 hours; Uptime will be

(358/(30 days X 12 hours)) X 100=

99.7%

1st day to the last day of each

calendar month

Daily Monthly

>= 99.5% Nil

>= 90% but < 99.5%

1% for each % point below 100%, calculated on quarterly billed value during O&M period.

>= 80% but < 90%

2 % for each % point below 100%, calculated on quarterly billed value during O&M period.

<80% but more than 50% per day

50 % of quarterly billed value during O&M period.

< 50% per day

80 % of quarterly billed value during O&M period.

2

Average Speed to

Answer(ASA)

This is the waiting time in Automatic

Call Distributor (ACD) queue after

pressing prescribed digit to talk to the agent but before being answered by the

agent.

1st day to the last day of each

calendar month

Daily Monthl

y

>90% calls attended within 30 seconds from the caller choosing to speak to an agent Nill


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85%‐ 90% calls attended within 30 seconds from the caller choosing to speak to an agent.

3% of quarterly billed value during O&M period.

80%‐85% calls attended within 30 seconds from the caller choosing to speak to an agent.


<80% calls attended within 30 seconds from the caller choosing to speak to an agent.


3 IVRS

Updation time

IVRS menu/ tree should be updated

modified within defined time frame

as per the requirements from

MSCL.

NA

From the time of

receipt of communi

cation from

MSCL to update the IVR tree.

NA

<=24 hrs Nill

> 24 hrs

Rs. 2500 for every additional 24 hour slot beyond the target, to be deducted from quarterly payment.

Other Condition of the Contract

1. In case where bid security is not submitted in the manner prescribed THE BID SHALL BE REJECTED AND RETURNED TO THE BIDDER.

2. Purchaser reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the purchaser.

3. Purchaser reserves the right to black list a bidder for a suitable period in case he fails to honor his bid without sufficient grounds.


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4. Any clarification issued by MSCL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to amendment of relevant clauses of the bid documents.

5. The material shall be supplied in original packing from the manufacturer clearly indicating manufacturing date, expiry date & price etc. The supply shall be completed within the delivery time , from the date of placement of purchase/ Work order.

6. The Performance Guarantee would be returned after satisfactory execution of the contract and effective recoveries, if any for defective goods etc.

7. Since the quantity given are approximate depending on the usage of the customer, may likely to vary MSCL reserves the right to vary the quantity mentioned by 25%.

8. Payment will be done on the actual quantity of the supplies made and work executed at the prices approved by the purchaser.

9. Award of contract will be done after the bidder selected if found to be technically, commercially and financially acceptable to MSCL.

10. MSCL reserves the right to:- a) Accept or reject any of the bid and annul the bidding process without assigning any reason what so ever at any time prior to the award of contract, b) Blacklist a bidder for a suitable period in case he fails to honor the terms of this bid without sufficient grounds.

11. The agreement shall be in force for a period of ________ months initially, which may be extendable by a further period of upto twelve months on the same rates, terms and conditions by giving one week’s notice in writing to the vendor, if decided upon to do so by MSCL.

12. The bid security/ deposit of the bidder would be forfeited, in case he refuses to honor the Purchase/ Work Order issued by the MSCL for supply of the materials and deposit performance security within the period specified in the tender/ letter of intent.

13. Selected bidder has to execute an agreement in the prescribed Performa (Contract Form)-Annexure-V- in a non-judicial bond paper of value not less than Rs.100/-(Hundred Only) as per the indent of the MSCL.

14. During continuance of the contract, the Contractor, his subcontractors and Personnel shall abide at all times by all existing SARS-CoV2 infection/ COVID-19/ CORONA VIRUS Guidelines and Standard Operating Procedures (SOPs) of the State or Central Government or local authority and any other SARS-CoV2 infection/ COVID-19/ CORONA VIRUS law (including rules), regulations, bye laws, that may be passed or notification, guidelines and Standard Operating Procedures (SOPs) that may be issued for SARS-CoV2 infection/ COVID-19/ CORONA VIRUS in future either by the State or the Central Government or the local authority.

15. CEO, MORADABAD SMART CITY LIMITED reserves the right to withdraw/ relax any of the terms and condition mentioned in the RFP, so as to overcome the problem encountered at a later stage for the smooth and timely execution of the project.

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