Ministry of Defence (Navy), ‘C Invitation of Bids for ... · 12. Unwillingness to quote: Bidders...
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REQUEST FOR PROPOSAL (Directorate of Information Technology, Integrated Headquarters Ministry of Defence (Navy), ‘C’ Wing, Sena Bhawan, New Delhi - 110011) Invitation of Bids for Procurement of Security software for Rights Management System (RMS) for Proposal (RFP) No IT/0622/09/IRM Dated 23 Jul 15 1. Bids in sealed cover, two bids (technical and commercial bid) are invited for supply of items listed in Part II of this RFP. Please super scribe the above mentioned Title, RFP number and date of opening of the Bids on the sealed cover to avoid the Bid being declared invalid. 2. The address and contact numbers for sending Bids or seeking clarifications regarding this RFP are given below - a. Bids/queries to be addressed to: Principal Director of Information Technology b. Postal address for sending the Bids: Directorate of Information Technology, ‘C’ Wing, Sena Bhawan, New Delhi – 110011 c. Name/designation of the contact personnel: Cdr Piyush Baranwal, JDIT d. Telephone numbers of the contact personnel: 011 - 23010522 e. Fax number: 011 – 23010612 f. Email: [email protected] 3. This RFP is divided into five Parts as follows: a. Part I – Contains General Information and Instructions for the Bidders about the RFP such as the time, place of submission and opening of tenders, Validity period of tenders, etc. b. Part II – Contains essential details of the items/services required, such as the Schedule of Requirements (SOR), Technical Specifications, Delivery Period, Mode of Delivery and Consignee details. c. Part III – Contains Standard Conditions of RFP, which will form part of the Contract with the successful Bidder. d. Part IV – Contains Special Conditions applicable to this RFP and which will also form part of the contract with the successful Bidder. e. Part V – Contains Evaluation Criteria and Format for Price Bids. 4. Pre-Bid Vendor Conference. A pre-bid conference will be held at Room No 130 ‘A’, C Wing, Sena Bhawan, IHQ MoD(N)/DIT, New Delhi at 1500 Hrs on 03 Aug 15. In order to obtain the requisite security clearance, the vendors are to forward the following information with regard to the participants (maximum 02 representatives per vendor). The information is to be forwarded at-least one day prior to the Pre-Bid Conference date. (a) Name, Nationality, Age, Address and Contact Nos. (b) Any other information relevant to the subject.
Transcript of Ministry of Defence (Navy), ‘C Invitation of Bids for ... · 12. Unwillingness to quote: Bidders...
REQUEST FOR PROPOSAL
(Directorate of Information Technology, Integrated Headquarters
Ministry of Defence (Navy), ‘C’ Wing, Sena Bhawan, New Delhi - 110011)
Invitation of Bids for Procurement of Security software for Rights Management
System (RMS) for Proposal (RFP) No IT/0622/09/IRM Dated 23 Jul 15
1. Bids in sealed cover, two bids (technical and commercial bid) are invited for
supply of items listed in Part II of this RFP. Please super scribe the above mentioned
Title, RFP number and date of opening of the Bids on the sealed cover to avoid the
Bid being declared invalid.
2. The address and contact numbers for sending Bids or seeking clarifications
regarding this RFP are given below -
a. Bids/queries to be addressed to: Principal Director of Information
Technology
b. Postal address for sending the Bids: Directorate of Information
Technology, ‘C’ Wing, Sena Bhawan, New Delhi – 110011
c. Name/designation of the contact personnel: Cdr Piyush Baranwal,
JDIT
d. Telephone numbers of the contact personnel: 011 - 23010522
e. Fax number: 011 – 23010612
f. Email: [email protected]
3. This RFP is divided into five Parts as follows:
a. Part I – Contains General Information and Instructions for the Bidders
about the RFP such as the time, place of submission and opening of tenders,
Validity period of tenders, etc.
b. Part II – Contains essential details of the items/services required, such
as the Schedule of Requirements (SOR), Technical Specifications, Delivery
Period, Mode of Delivery and Consignee details.
c. Part III – Contains Standard Conditions of RFP, which will form part of
the Contract with the successful Bidder.
d. Part IV – Contains Special Conditions applicable to this RFP and which
will also form part of the contract with the successful Bidder.
e. Part V – Contains Evaluation Criteria and Format for Price Bids.
4. Pre-Bid Vendor Conference. A pre-bid conference will be held at Room No 130 ‘A’, C Wing, Sena Bhawan, IHQ MoD(N)/DIT, New Delhi at 1500 Hrs on 03 Aug 15. In order to obtain the requisite security clearance, the vendors are to forward the following information with regard to the participants (maximum 02 representatives per vendor). The information is to be forwarded at-least one day prior to the Pre-Bid Conference date. (a) Name, Nationality, Age, Address and Contact Nos. (b) Any other information relevant to the subject.
5. The aforesaid information is to be forwarded to JDIT by 1600 Hrs (One day prior to pre-bid conference date) either through e-mail ([email protected]) or to Room No. 127- B, First Floor, 'C' – Wing, Sena Bhawan, New Delhi - 110011. He can also be contacted on Telephone No 91-11-23010522 and Fax No 91-11-23010612. 6. This RFP is being issued with no financial commitment and the Buyer reserves the right to change or vary any part thereof at any stage. Buyer also reserves the right to withdraw the RFP, should it become necessary at any stage.
(J Harsha Vardhan)
Commodore
PDIT
Part I – General information
1. Last date and time for depositing the Bids: 1200 hrs on 09 Sep 15
The sealed bids should be deposited/reach by the due date and time. The
responsibility to ensure this lies with the Bidder.
2. Manner of depositing the Bids: Sealed Bids should be either dropped in the
Tender Box marked as IHQ MoD (Navy)/DIT or sent by registered post at the
address given above so as to reach by the due date and time. Late tenders will not
be considered. No responsibility will be taken for postal delay or non-delivery/non-
receipt of Bid documents. Bids sent by FAX or e-mail will not be considered (unless
they have been specifically called for by these modes due to urgency).
3. Time and date for opening of Bids: 1500 hrs on 09 Sep 15
(If due to any exigency, the due date for opening of the Bids is declared a closed
holiday, the Bids will be opened on the next working day at the same time or on any
other day/time, as intimated by the Buyer).
4. Location of the Tender Box: Reception of Sena Bhawan, Gate No.1, Opp
DRDO Bhawan, New Delhi (Only those Bids that are found in the tender box will be
opened. Bids dropped in the wrong Tender Box will be rendered invalid).
5. Place of opening of the Bids: Directorate of Information Technology, ‘C’
Wing, Sena Bhawan, New Delhi – 110011(The Bidders may depute their
representatives, to attend the opening of Bids on the due date and time. Rates and
important commercial/technical clauses quoted by all Bidders will be read out in the
presence of the representatives of all the Bidders. This event will not be postponed
due to non-presence of your representative).
6. Two-Bid system: In case of the Two-bid system, only the Technical Bid
would be opened on the time and date mentioned above. Date of opening of the
Commercial bid will be intimated after acceptance of the Technical Bids. Commercial
Bids of only those firms will be opened, whose Technical Bids are found
compliant/suitable after Technical evaluation is done by the Buyer.
7. Forwarding of Bids: Bids should be forwarded by Bidders under their
original memo / letter pad inter alia furnishing details like TIN number, VAT/CST
number, Bank address with NEFT Account if applicable, etc and complete postal &
e-mail address of their office.
8. Clarification regarding contents of the RFP: A pre-bid meeting would be
held at IHQ MoD (N) at 03 Aug 15. A prospective bidder who requires clarification
regarding the contents of the bidding documents shall notify to the Buyer in writing
about the clarifications sought not later than 31 Jul 15. The minutes of the pre-bid
meeting would be uploaded as addendum to the RFP.
9. Modification and Withdrawal of Bids: A bidder may modify or withdraw his
bid after submission provided that the written notice of modification or withdrawal is
received by the Buyer prior to deadline prescribed for submission of bids. A
withdrawal notice may be sent by fax but it should be followed by assigned
confirmation copy to be sent by post and such signed confirmation should reach the
purchaser not later than the deadline for submission of bids. No bid shall be modified
after the deadline for submission of bids. No bid maybe withdrawn in the interval
between the deadline for submission of bids and expiration of the period of bid
validity specified. Withdrawal of a bid during this period will result in Bidder’s
forfeiture of bid security.
10. Clarification regarding contents of the Bids: During evaluation and
comparison of bids, the Buyer may, at its discretion, ask the bidder for clarification of
his bid. The request for clarification will be given in writing and no change in prices or
substance of the bid will be sought, offered or permitted. No post-bid clarifications on
the initiative of the bidder will be entertained.
11. Rejection of Bids: Canvassing by the Bidder in any form, unsolicited letter
and post-tender correction may invoke summary rejection with forfeiture of EMD.
Conditional tenders will be rejected.
12. Unwillingness to quote: Bidders unwilling to quote should ensure that
intimation to this effect reaches before the due date and time of opening of the Bid,
failing which the defaulting Bidder may be delisted for the given range of items as
mentioned in this RFP.
13. Validity of Bids: The Bids should remain valid for 120 days from the last
date of submission of the Bids.
14. Earnest Money Deposit: Bidders are required to submit Earnest Money
Deposit (EMD) for amount of Rs 8, 00,000/- (Rupees Eight Lakhs only) along with
their bids. The EMD may be submitted in the form of an Account Payee Demand
Draft, Fixed Deposit Receipt, Banker's Cheque or Bank Guarantee from any of the
public sector banks or a private sector bank authorized to conduct government
business as per Form DPM-16 (Available in MoD website and can be provided on
request). EMD is to remain valid for a period of forty-five days beyond the final bid
validity period. EMD of the unsuccessful bidders will be returned to them at the
earliest after expiry of the final bid validity and latest on or before the 30th day after
the award of the contract. The Bid Security of the successful bidder would be
returned, without any interest whatsoever, after the receipt of Performance Security
from them as called for in the contract. EMD is not required to be submitted by
those Bidders who are registered with the Central Purchase Organization (e.g.
DGS&D), National Small Industries Corporation (NSIC) or any Department of
MoD or MoD itself. The EMD will be forfeited if the bidder withdraws or amends
impairs or derogates from the tender in any respect within the validity period of their
tender.
15. Certificates by Vendor. It is mandatory for the vendor to fill up the
compliance matrix at Appendix ‘A’ to this RFP and submit the same along with the
bid submitted as part of the T Bid.
16. Cost of Bids. Cost of bids is set at ₹ 500.00 (Rupees Five Hundred).
Demand draft or Bankers Cheque should be made payable to PCDA (N), Mumbai.
Bidders downloading the tender document from the Internet are required to submit
tender fee along with the Technical Bid. Bids received without tender fee will be
rejected.
Part II – Essential Details of Items/Services required
1. Indian Navy needs a Rights Management Software for 3000 users. The licenses for the software should be on perpetuity basis.
2. Technical Specifications of the Software. The technical specifications of the software should be as follows:-
Category Requirement Yes/No
Functionality - Generic
Should provide for security of documents and emails
Should be able to restrict access by users
Should be able to restrict access by groups
Should be able to restrict to specific computers
Should be able to protect the document / email itself during storage, transmission and while it is being used
If critical documents need to be shared outside of the Navy then the system should support external users to gain secured access to documents temporarily
External users should be able to edit the documents while they have access
System should provide a mechanism to manage external users completely separate from the internal users
Classification of documents i.a.w Indian Navy Security Classification System should be forced on users prior saving of documents.
Format support
System should support dominant MS Office formats ( doc / docx, xls/xlsx, ppt/pptx ) natively within MS Office applications from Office XP to the latest versions of MS Office as and when they are released
System should support PDF format natively in the Adobe PDF reader from Adobe reader version 8 to the latest versions of Adobe PDF reader as and when they are released
System should support dominant Open Office formats ( odt, odp, ods ) natively within standard Open Office from Open Office 3.0 to the latest versions of Open Office as and when they are released
System should support text and text based formats natively
System should support dominant image formats (bmp, png, gif etc.) natively
System should support dominant engineering drawing formats (dwg, dwf etc.) natively
System should support dominant email systems (Microsoft Outlook, Lotus Notes) for email protection natively
Environment support
System should support all dominant versions of windows operating systems i.e. Windows XP, Windows Vista, Windows 7, Windows 8,8.1…etc
System should support all dominant browser technologies i.e. IE, Firefox, Chrome, …Solution should be compatible with latest browser versions
System should support dominant databases like Microsoft SQL and Oracle
System should support virtualized server environments for deployment of server components
System should support virtualized desktop environments for creating and accessing protected documents / emails
Protection methods available and integrations
The application should be able to move a protected document of a specific classification to a predefined location immediately on creation.
Category Requirement Yes/No
It should be possible to protect multiple files at one time on the desktop
It should be possible to define folder based protection i.e. files to be protected automatically when copied to a specific folder
System should support protecting email content and attachments within the supported email clients
System should support integration with dominant document management systems from EMC, Microsoft, IBM, Newgen etc.
System should support integration with dominant data loss prevention systems from Websense, Symantec, McAfee etc. such that the DLP system, based on keywords and content, should be able to automatically apply a rights template to the document
System should provide open interfaces by which existing or new applications within the Navy can be integrated with the system without dependence on a specific agency to develop the integration
System should provide for open interfaces for content filtering system to access metadata and take appropriate actions based on the metadata
User management
System should provide for integration with existing user management systems like Active Directory and LDAP for user and group management
System should support single sign on with existing systems like AD
For non AD / LDAP users, the system should provide for user management capabilities within the system itself
System should support dominant single sign on technologies
System should support simultaneous working with multiple user management systems i.e. multiple ADs, multiple LDAPs etc.
System should support integration with multi-factor authentication like hardware dongles for additional security
System should support strict control over external users and support deletion / disabling of external users at any time with immediate effect.
Rights and policies applicable
System should provide granular rights like viewing, editing, printing, copying etc.
Document creators should be able to assign different rights for each user or group
System should provide control over screen grabbing using common tools like Camtasia, Snag-It etc.
System should provide control over forwarding / sharing of documents and emails
System should provide for expiry of documents based on date / time and time period
System should provide for offline use of protected documents and emails and also be able to control the period for which the user can be offline
System should support individual watermarks on protected documents
System should provide control of which devices and locations can the document / email be accessed from
Management of rights
Rights should be persistently applied to documents and emails when they are stored, transmitted, used and archived
Category Requirement Yes/No
Rights should be dynamic i.e. it should be possible to grant and withdraw the rights for a specific user / group for the protected document without the need to resend the document
Rights should not depend on how the information has been transmitted i.e. USB drives, email, shared folders etc.
In case the document creator / owner has been transferred or left the organization, it should be possible to transfer all or part of his/her documents to the new user without significant administrative effort
The system administrator should be able to define and control which users are allowed to define policies and should be able to monitor these policies for compliance to organizations security standards
System should provide an ability to control who can protect documents and emails
Audit and monitoring
System should provide for a web based audit trail view of user activities
System should provide for a flexible UI based activity searching and reporting mechanism
Each user should be able to monitor the usage of his/her documents
Each unit's administrator should be able to monitor the usage of the document belonging to his/her unit
Specific roles should be able to monitor the usage of all documents
The audit trail should capture the person who has used the document, what has been done, the time and the location
Unauthorized attempts to access should be captured and available in the audit trail
Audit trails should be easily accessible without the need for installation of any administrative console
Audit trails should be exportable as files and syslogs as well as to other monitoring systems
All administrative activities should be separately captured and reported
Access to protected information
Basic access to protected information should be available on desktops without any client installation
The desktop software should not require administrative rights to install
System should provide for access of protected document in offline mode
Usability
System should require minimal to no training for users to access protected documents
System should support existing applications in use by the Navy and should not limit usage to proprietary application
System should have the capability to prompt users to protect documents to drive awareness and adoption
System should support automation of protection to reduce the steps required by individual users for protecting documents and emails
System should have reusable rights templates to remove repeated rights definition by end users
System should provide control over which user has access to each rights template to reduce confusion over choice of rights template
System should support end user rights template creation as well central administrative rights template creation
Category Requirement Yes/No
System should support application of multiple rights templates to one document
System should provide all information to users in a browser based system for ease of use and navigation
System should provide search and browse capabilities for documents, activities, rights templates etc. for end users and administrators
Performance, Scalability and availability
The system should cause minimum performance degradation to desktops during normal working conditions
The system should cause minimum network load and also work on slow connections between the desktop and the server
The server infrastructure should support multi-location deployment of server
The server infrastructure should be scalable such that additional infrastructure / hardware can be added to support higher usage
The system should provide for deployment in load balanced environments for high usage
The system should support fail over of the server infrastructure with minimal to no downtime
The system should support disaster recovery scenarios where the primary server is not accessible and for all desktops to automatically shift to the DR site
The system should not have limitations on number of users or number of documents
Manageability and maintainability
The system should be easily manageable by the IT team of the Navy without significant dependence on the OEM for daily management
The system should support delegation of duties and administrative functions for easy management
All updates to the desktop software should be automatically managed from the central server and should not require any manual activity at the desktop level
All updates for the server should be available easily for testing and deployment
All desktop updates should be available as a single software without the need for format / application specific software or plugins
Reports should be available on server versions, client versions, upgrade history for easy version control of software
The administrative interfaces should be available via a browser based system for easy management
System should support installation of desktop software via standard desktop / infrastructure management tools like SCCM, Landesk…etc
Pre-requisites and dependency
The system should have minimal to no dependency on other softwares on the desktop or server
The system should not cause conflicts with other security systems like antivirus systems
The system should not depend on any proprietary hardware
The system should not depend on proprietary / bundled operating systems
Category Requirement Yes/No
The system should not depend on MS Office for access to protected documents since the internal / external user may be using other application OR MS-Office license might have expired and in such cases it should be possible to render the information in other ways
The system should not depend on any other security / rights management technology
The system should not change the original file format while protecting the file.
Flexibility
System should support for modification of protection policies to end user as well as administrator
System should be flexibility in case of segregation of duties i.e. defining system administrators, policy administrators…etc
System should provide for a reporting framework
System should support for allocation / revoking rights of protection to end users. Additionally control rights of custom policy creation for end users
Support for multiple OS versions and upcoming OS post release along with backward compatibility
Security
All communication within the system as well as with external systems should happen over secured communication protocols like https
Documents / emails should be encrypted using industry grade encryption by default
Solution should provide for a mechanism in which proprietary encryption technology can be used without having to disclose the details of the algorithm to the solution provider i.e. Framework for pluggable encryption algorithm
The system should support integration with third party 2 factor authentication technologies
The system should come with a built in 2 factor authentication system
Encryption of the document should happen directly at the end point i.e. the file should not move to server for applying encryption / protection
Segregation of duties to ensure confidentiality and should provide for a roles and rights concept which distinguishes between the infrastructure administrators and policy administrators
For all use cases, the encryption and protection of files should be a central aspect, where the key management should remain under Navy control and premise
Data Volume
The central server components should hold only the configuration and policy information and not the actual documents
Provisioning
The complete system and all its components should be provided as internally deployed software within the Navy and no software component should be hosted outside of the Navy's infrastructure
Dependability
On request, the product source code should be available to the Navy in a reliable, third party, escrow service provider mutually agreed between the Navy and the product OEM
Licensing and cost
Recipients of documents within or outside of the Navy should require no licensed components
3. Services Specifications. The bidder is to provide the undermentioned services:-
Group Requirement
Overview of Scope
The Bidder is required to undertake implementation of the RMS solution for 4 locations (i.e. Delhi, Mumbai, Vizag and Kochi) for a user base of 3000 users
The Bidder is required to undertake training for end users and administrator
The Bidder is required to provide Onsite support services for a period of 1 year
The Bidder is required to recommend Hardware and Software required for the implementation to Indian Navy
The Bidder is required to provide Dedicated project management with governance model / body in place in case of escalations
The Bidder is required to define deployment architecture for high available systems and as well as distributed deployment for partially connected networks. Suggest any changes to DIT-Navy to accomplish the desired architecture.
Requirement Workshop
The Bidder shall provide a requirement specification with deployment architecture to determine the optimal IT Infrastructure
Customer is expected to provide sign-off on the architecture and interface documents
Project Management
The Bidder is required to provide comprehensive project management services for the entire duration of the implementation of the proposed IRM solution
The Bidder shall provide with dedicated project manager and technical resources during the implementation phase
The Bidder shall provide the project plan, identifying major tasks, start dates, end dates and responsibilities
The Bidder is required to develop and respond with a typical project implementation plan for IRM solution
The Bidder is expected to provide for a typical project team structure for IRM solution implementation
The Bidder is expected to provide for a representative project team profile information
The Bidder is expected to provide for a typical resource allocation plan for various phases of the project implementation
Project Implementation
The Bidder is required to provide for complete implementation services for the RMS solution
RMS solution implementation need to budget for high availability scenarios at all 4 locations
The Bidder should be available onsite for deployment of server components at Mumbai / Delhi location
The Bidder should be able to perform remote deployment of client agents from Mumbai / Delhi locations for a sample set of machines and subsequently provide any support to the DIT-Navy admin team for rolling it out on remaining set of end user machine.
Agent rollout should be possible using a central deployment tool such as SCCM
The Bidder should install 100 clients at each locations viz. Mumbai, Vizag, Delhi and Kochi
Hardware Requirements
The Bidder is required to provide recommendations for any hardware required for RMS implementation. If not already available with DIT Navy shall need to be budgeted and provisioned for by the bidder
The Bidder needs to ensure that the infrastructure is sized adequately and redundancy is built into the architecture that is required to meet the requirements. Sizing the hardware appropriately to support the scalability and performance requirements of the solution
Software Requirements
Group Requirement
The Bidder is required to provide recommendations for any software requirements for RMS implementation such as but not limited to OS, Database…etc. And if not already available with DIT Navy shall need to be budgeted for by the bidder
System Acceptance
System test will need to be carried out on sample end user machines as a part of the production release
The Bidder is expected to provide for test cases for conducting the system test
Dedicated support engineer for conducting the system test
Customer is expected to provide for System acceptance certificate after which rollout to all the end user machines can be scheduled
Training Requirements
The Bidder is required to provide for 1 classroom / instructor led training for all modules of IRM solution at all 4 locations for end users and at 1 location (mumbai) for administrator training
2 types of training i.e. End User and Administrator training needs to be covered
The Bidder is required to provide in their response to this bid an outline of there proposed training approach, key trainings provided (coverage), milestones, deliverables and the staff assigned to conduct the trainings
The Bidder is required to provide the training in English language.
Additional training over and above the baseline training stated, may be requested at any time, and shall be provided by the contractor on terms and conditions to be mutually agreed upon using, where applicable, the on-site person day rate.
User manuals to be available on the Portal
Project Documentation
Project documentation expected are, - Statement of Work - Application Architecture - Deployment Configurations - Escalation Matrix and Team Structure - Detailed Project Plan - Test Reports - Help Manuals (End User and Administrator) - Issue logging and Resolution procedures
Change Management
The Bidder is required to provide for onsite consulting support for IRM solution adoption post Go Live. Formulate and implement consulting plan to minimize the impact and ensure business continuity.
Design and implement a change management plan to address the needs of end users. This should factor the communication strategy, help desk, documentation such as help manuals..etc
Patch Management
The Bidder is required to provide details about their product upgrades and patch management
Incident Management
The Bidder is required to provide details about their Incident Management process
The Bidder is required to provide details about their Incident Classification process. The bidder is expected to provide a priority concept for review.
The Bidder is required to provide details about the way in which support issues / tickets are tracked and responded
Contact hours
The Bidder is required to provide details about communication medium and time slots if any for support services
Post Go-Live Support
Group Requirement
One Resident Engineer at New Delhi is required to be positioned by the bidder after signoff post successful implementation at all locations during the 06 months of handholding and 01 year warranty period.
The Bidder is required to provide details about their Support model
The Bidder is required to provide details about their Support service window
The Bidder is required to provide details about their SLAs followed
Operating time
The solution is expected to be used by users distributed across 4 locations. The solution is expected to be up all the time at each location.
Support Language
The Bidder is expected to provide language support for English
Release Cycle
The Bidder is expected to provide information about how often new minor or major versions of the solution are released.
Warranty
Product Warranty to be provided by the bidder throughout the contract period.
Requirements of the Resident Engineer
4. The requirements of the engineer are as follows:-
(a) The Engineer should be IT qualified (M.Tech/M.E/B.TECH/B.E/MCA including qualification as mentioned above) with experience of at least 3 years respectively in handling the application.
(b) All personnel would be interviewed by the Navy at IHQ MoD (N) / DIT prior to acceptance. The proposed candidates would need to be deputed for interviews within 15 days of the effective date of contract as the contract would commence from date of acceptance of all personnel. The Navy reserves to the right to reject any or all of the personnel. The firm is required to position Resident Engineer at Delhi as per requirements within 30 days of effective date of contract.
(c) If Resident engineer is found to be unsatisfactory, the buyer would forward a written / email/fax correspondence to the firm for replacement of the engineer. The engineer would have to be replaced within seven days of the complaint raised by the buyer. Any delay (in number of days) in deputing of suitable relief engineer would lead to extension of the contract by the number of days the delay is recorded. For delay more than one week in positioning of relief engineer, in addition to extension of the contract by the number of days recorded, Liquidated Damages will also be imposed in addition, to be adjusted in the quarterly bill payable. An overlap of 48 hours is to be maintained for handing / taking over of tasks between the two engineers in this case.
(d) Continuity of Resident engineers is to be maintained at all times. In case of unavoidable situations, when an engineer is to be replaced by the firm or the engineer himself wants to quit, one month notice is to be provided by the firm. A minimum period of one month overlap is mandatory between the incoming and the outgoing engineers for handing / taking over of tasks. Any delay in overlap period will result in extension of the contract period by the same number of days.
(e) The engineers would be operating as resident staff at IHQ MoD (N) / DIT (New Delhi) and would function from the office space designated. They would also be following the daily routines and other code of conduct as applicable to other civilian staff in the Navy. The normal working hours would be from 0830-1800 hrs everyday for five days in a week. Although as a practice, all four locations follow a five day week routine, there may be certain occasions where due to exigencies, the engineers may be required to work on Saturdays / Sundays / Holidays and beyond the stipulated hours.
(f) The engineers would be admissible to proceed on leave with a replacement of another engineer for the duration of leave. In case no engineer is provided in lieu, then the contract services would be extended by the number of days the engineer has not been provided. Leave is not to be treated as a matter of right and will be subject to the requirement of this office.
(g) The firm must forward Office and residential address of all engineers deputed to Navy.
(h) A statement indicating that the firm agrees to comply with all applicable laws and Navy policies with respect to preserving confidentiality of information to which may have access and that they will not disclose in any way the information or the existence of the information and that in the event any person (s) seek to access protected and confidential data or information, that such access shall be through the Navy, and that the firm shall only retrieve such data or information as identified by the Navy or as otherwise required by Law or regulation.
(i) The safeguards that the firm intends to utilize to protect the Navy’s information and the acceptable method (s) for the return, destruction or disposal of the Navy information in the firm’s possession at the end of the contracted period of the completion of the service.
(j) A statement indicating that any information acquired by the firm in the course of the contract / agreement cannot be used for the firm’s own purposes or divulged to others.
(k) Firm agrees that Navy can initiate legal action against him for his negligence or failure to abide by terms of the contract.
(l) Personnel selected for all locations would be required at DIT for two days for understanding the Unified Domain architecture prior being positioned at respective locations. Personnel Training for the on-site personnel on technology upgradation which the buyer at any time, during the currency of the contract, intends to adopt, has to be arranged by the seller at own cost in back-to-back arrangement with the OEM.
(m) Liability of the Navy would be restricted to clearance of personnel by interview and provision of security passes on production of requisite following documents: -
(a) Latest Police Verification / Passport Photocopy.
(b) Latest colour passport size photographs (04 nos).
(c) Appointment letter on firm’s letter head.
(d) Company Identity card.
(e) Address Proof (Voter ID/Ration Card/Driving License).
5. Removal and / or Replacement of Vendor’s Personnel. If the purchaser finds that any of the vendor’s personnel have
(a) Committed serious misconduct or have been charged with having committed a criminal action or (b) Has reasonable cause to be dissatisfied with the performance of any of the personnel.
6. Then the vendor shall at the purchasers’ written request specifying the grounds therefore, forthwith provide as a replacement person with qualifications and experience acceptable to the purchaser. The vendor shall have no claim for additional costs arising out of / or incidental to any removal and / or replacement of personnel.
7. Terms of Payment. As per current practices, no advance payment is permissible. However, to ensure cash flow, commensurate with progress of the project and the deliverables, stage payment schedule is suggested in succeeding paragraphs. This needs to be finalised during price negotiations. The proposed payment terms are as follows:-
S No Stage % of Order
Value Remarks
1 First 25 % Successful implementation of policy server, Client installations and user training/ awareness at Delhi.
2 Second 20 % Successful implementation of policy server, Client installations and user training/ awareness at Mumbai.
3 Third 20 % Successful implementation of policy server, Client installations and user training/ awareness at Vishakhapatnam.
4 Fourth 20 % Successful implementation of policy server, Client installations and user training/ awareness at Kochi.
5 Fifth 5% Completion of Handholding period of 06 months
6 Sixth 10% Successful Completion of Warranty period of 01 year.
8. Delivery Period. Delivery period for the project would be as per the delivery schedule below. Please note that order can be cancelled unilaterally by the Buyer in case items are not received within the delivery period. Extension of contracted delivery period will be at the sole discretion of the Buyer, with applicability of LD clause.
(a) The bidder is required to setup the infrastructure at a site identified by Indian Navy within 30 days on placement of order and intimate readiness of the application to undergo VA/ PT. (b) The VA/ PT would be carried out by Indian Navy Team. Post Successful VA/ PT a letter would be issued by Indian Navy to commence installation at all locations. Milestone – D (c) Delivery and Installation at Delhi - D + 30 Days (d) Delivery and Installation at Mumbai - D + 60 Days (e) Delivery and Installation at Vishakhapatnam - D + 90 Days (f) Delivery and Installation at Kochi - D + 120 Days (g) Navy shall issue a letter of successful signoff to commence 06 months handholding period and thereafter 01 year warranty period.
9. Patches and Upgrades. The firm shall be responsible for uploading of all patches / updates, during the warranty and the hand holding period. Any associated modification of database, application, required due to patch, updates, etc. is also the responsibility of the vendor and is considered included in the scope of product support provided by the vendor during hand holding and subsequent warranty.
10. Backup and Recovery. A rugged back up policy with detailed procedures should be formulated. Audit trails for the database and procedures for database recovery from the audit trail should be developed. The system should maintain a back up of all programs, data, documents, procedures, etc on timely intervals. Verification procedures for backup taken should be in place. Appropriate Disaster Recovery Tools should be provided for recovery of the system and database with minimum down time.
11. List of Deliverables. The vendor shall provide deliverables (as per Standard IEEE 12207) for the system. A number of deliverables, apart from the RMS software itself, have been indicated below. This list is not comprehensive and should be treated as indicative only. All documentation in soft copy form should be provided in the form of an IETM(Interactive electronic Training Module – the expected IETM should be equivalent to tier 4 IETM). Deliverables over & above could be finalised during system design phase. A list of indicative deliverables is as follows:-
Milestones Deliverables (all documentation to be
as per para 13 earlier)
Project planning Project plan
Acceptance of System Design by purchaser.
Supplier will submit PDR document, subsequently after deliberation by purchaser the supplier will submit CDR document. The acceptance of CDR by the purchaser will mark the culmination of this milestone.
Acceptance of configuration / customisation document by purchaser in case of COTS software.
Configuration / Customisation Document will be submitted by the supplier and subsequent acceptance by the purchaser will mark the culmination of this milestone.
User & Administrator Manual User & Administrator Manuals in
consultation with Navy, including maintenance manuals, configuration manuals, installation manuals and any other manual relevant for the operational utility of the system. The receipt of adequate number of approved documents (text approved by the Navy) would mark culmination of this stage.
Training
Training plan and training schedule. Training manual and courseware, training completion certificates. This will be approved by the Navy after the system design is finalised. The draft will have to be submitted at the time of preliminary system design stage.
Hardware sizing, supply and installation as per project plan (as appropriate)
Installation, testing and acceptance certificate of all servers, interfaces, controllers’ storage devices, printing devices and other site requirements.
Quality Assurance Plan,
Acceptance Test plan,
Acceptance Test Schedule.
Test Document as approved by the Navy.
Testing of all installed modules
Test data design methods, test data and
test reports, error and correction reports
at the time of testing for the entire
application system.
Disaster Recovery Plan The Disaster recovery plan, document as approved by the purchaser.
Back Up plan Back up plan document as approved by the purchaser.
Live run Live run report
Malicious Code Certificate To be furnished by the vendor, before final delivery of the system.
Tutorial for users A complete Video tutorial for admin as well as users.
Brochures for the application Brochures depicting the main features, usage and strengths of the application.
Application Delivery Copies of Developed Application CDs in the format approved by the purchaser.
12. Service Support. The vendor will provide a handholding of 06 months followed by warranty for 01 year for the RMS system as per required uptime. This will include the developed application, customised and configured components of the COTS products, other system software components used for the RMS. The warranty will be comprehensive and on site. It will include technical support and “help desk” service for the performance, functionality and operation of the RMS software supplied. It is to be noted that no remote access/ remote logging will be allowed by the Navy to the vendor for the purpose of providing product support. Details of Service Support are elucidated
below:-
(a) Signoff date will be successful implementation at Mumbai, Delhi, Kochi and Vishakhapatnam. A letter to this effect will be issued by DIT. (b) The period of handholding is 06 months from the date of successful signoff. (c) Post completion of 06 months of handholding the warranty period will commence for one year. Warranty will be provided by the bidder in terms of patches, bug fixes and upgrades. During warranty the bidder will provide assistance to Indian Navy in resolving all issues pertaining to configuration, administration and maintenance of the RMS infrastructure delivered as part of this contract. (d) Handholding and warranty both will be provided by the bidder. (e) Handholding is to be provided by the bidder for rolling out of the project including assistance in making it compatible with other IN applications.
13. Initial Installation. An initial installation with a minimum 50 clients will be undertaken at Indian Navy’s premises for undertaking VA/PT by Indian Navy of the software. The vendor/bidder is solely responsible for mitigating the observations of the VA/PT of the application. Subsequent installation, deployment and payment will be undertaken only on successful completion of this stage. The details of initial installation are elucidated below:-
(a) Post placement of supply order the firm will have 30 days to setup the infrastructure at a site identified by Indian Navy and offer the application for VA/ PT. (b) VA of the application will be undertaken by an agency nominated by Indian Navy. (c) The vendor will be responsible for mitigating the VA observations pertaining to the RMS application till successful VA. (d) Subsequent installation pan-Navy will be rolled out post successful VA. (e) If VA/PT is not successful Indian Navy reserves the right to foreclose the contract.
14. Two-Bid System.In respect of Two-bid system, Bidders are required to furnish clause by clause compliance of specifications bringing out clearly the deviations from specification, if any. The Bidders are advised to submit the compliance statement in the format placed at Appendix ‘A’ along with Technical Bid.
15. Annual Maintenance Certificate. The current RFP/ contract is for successful implementation of the RMS solution in the Navy followed by 06 months of handholding and 01 year of warranty period. Thereafter Indian Navy reserves the right to enter into an agreement for AMC with the successful bidder. Bidders are to quote for 05 years of AMC in the commercial bid. The cost of AMC quoted shall also be used in determining the L1 bidder.However, AMC may be concluded at the sole discretion of the buyer. A SLA towards this is to be signed by the bidder and submitted as part of the technical proposal. The format of SLA is placed at Appendix ‘C’
16. Delivery Period. The on-site personnel at all locations must be positioned within 30 days from effective date of contract.
17. Consignee Details. Directorate of Information Technology, Integrated Headquarters, Ministry of Defence (Navy), ‘C’ Wing Sena Bhawan, New Delhi- 110011.
Part III – Standard Conditions of RFP
The Bidder is required to give confirmation of their acceptance of the Standard Conditions of the Request for Proposal mentioned below which will automatically be considered as part of the Contract concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in rejection of the Bid submitted by the Bidder. 1. Law. The Contract shall be considered and made in accordance with the laws of the Republic of India. The contract shall be governed by and interpreted in accordance with the laws of the Republic of India. 2. Effective Date of the Contract. The contract shall come into effect on the date of signatures of both the parties on the contract (Effective Date) and shall remain valid until the completion of the obligations of the parties under the contract. The deliveries and supplies and performance of the services shall commence from the effective date of the contract. 3. Arbitration. All disputes or differences arising out of or in connection with the Contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the Contract or relating to construction or performance, which cannot be settled amicably, may be resolved through arbitration. The standard clause of arbitration is as per Forms DPM-7, DPM-8 and DPM-9 (Available in MoD website and can be provided on request).
4. Penalty for use of Undue influence. The Seller undertakes that he has not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Buyer or otherwise in procuring the Contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the present Contract or any other Contract with the Government of India for showing or forbearing to show favour or disfavour to any person in relation to the present Contract or any other Contract with the Government of India. Any breach of the aforesaid undertaking by the Seller or any one employed by him or acting on his behalf (whether with or without the knowledge of the Seller) or the commission of any offers by the Seller or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall entitle the Buyer to cancel the contract and all or any other contracts with the Seller and recover from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding on the Seller. Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towards any officer/employee of the Buyer or to any other person in a position to influence any officer/employee of the Buyer for showing any favour in relation to this or any other contract, shall render the Seller to such liability/ penalty as the Buyer may deem proper, including but not limited to termination of the contract, imposition of penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the Buyer.
5. Agents/Agency Commission. The Seller confirms and declares to the Buyer that the Seller is the original manufacturer of the stores/provider of the services referred to in this Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, to the award of the contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract, the Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from entering into any supply Contract with the Government of India for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the Buyer in terms of the Contract along with interest at the rate of 2% per annum above LIBOR rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with the Government of India. 6. Access to Books of Accounts. In case it is found to the satisfaction of the Buyer that the Seller has engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the Seller, on a specific request of the Buyer, shall provide necessary information/ inspection of the relevant financial documents/information. 7. Non-disclosure of Contract documents. Except with the written consent of the Buyer/ Seller, other party shall not disclose the contract or any provision, specification, plan, design, pattern, sample or information thereof to any third party. Format of Non-Disclosure Agreement is placed at Appendix ‘B’ and will from the part of Contract/Supply Order placed on successful bidder.
8. Liquidated Damages. In the event of the Seller’s failure to submit the Bonds, Guarantees and Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as specified in this contract, the Buyer may, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the contract price of the delayed/undelivered stores/services mentioned above for every week of delay or part of a week (beyond the contracted delivery period), subject to the maximum value of the Liquidated Damages being not higher than 10% of the value of delayed stores/services. 9. Termination of Contract. The Buyer shall have the right to terminate this Contract in part or in full in any of the following cases :-
(a) The delivery of the material/services is delayed for causes not attributable to Force Majeure for more than (01 months) after the scheduled date of delivery. (b) The Seller is declared bankrupt or becomes insolvent. (c) The delivery of material/services is delayed due to causes of Force Majeure by more than (03 months) provided Force Majeure clause is included in contract.
(d) The Buyer has noticed that the Seller has utilised the services of any Indian/Foreign agent in getting this contract and paid any commission to such individual/company etc.
(e) As per decision of the Arbitration Tribunal.
10. Notices. Any notice required or permitted by the contract shall be written in the English language and may be delivered personally or may be sent by FAX or registered pre-paid mail/airmail, addressed to the last known address of the party to whom it is sent. 11. Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or advantage of the present Contract or any part thereof. 12. Patents and other Industrial Property Rights. The prices stated in the present Contract shall be deemed to include all amounts payable for the use of patents, copyrights, registered charges, trademarks and payments for any other industrial property rights. The Seller shall indemnify the Buyer against all claims from a third party at any time on account of the infringement of any or all the rights mentioned in the previous paragraphs, whether such claims arise in respect of manufacture or use. The Seller shall be responsible for the completion of the supplies including spares, tools, technical literature and training aggregates irrespective of the fact of infringement of the supplies, irrespective of the fact of infringement of any or all the rights mentioned above. 13. Amendments. No provision of present Contract shall be changed or modified in any way (including this provision) either in whole or in part except by an instrument in writing made after the date of this Contract and signed on behalf of both the parties and which expressly states to amend the present Contract.
14. Taxes and Duties
(a) General (i) If Bidder desires to ask for excise duty or Sales Tax / VAT extra, the same must be specifically stated. In the absence of any such stipulation, it will be presumed that the prices include all such charges and no claim for the same will be entertained.
(ii) If reimbursement of any Duty/Tax is intended as extra over the quoted prices, the Bidder must specifically say so. In the absence of any such stipulation it will be presumed that the prices quoted are firm and final and no claim on account of such duty/tax will be entrained after the opening of tenders.
(iii) If a Bidder chooses to quote a price inclusive of any duty/tax and does not confirm inclusive of such duty/tax so included is firm and final, he should clearly indicate the rate of such duty/tax and quantum of such duty/tax included in the price. Failure to do so may result in ignoring of such offers summarily.
(iv) If a Bidder is exempted from payment of any duty/tax upto any value of supplies from them, he should clearly state that no such duty/tax will be charged by him up to the limit of exemption which he may have. If any concession is available in regard to rate/quantum of any Duty/tax, it should be brought out clearly. Stipulations like, the said duty/tax was presently not applicable but the same will be charged if it becomes leviable later on, will not be accepted unless in such cases it is clearly stated by a Bidder that such duty/tax will not be charged by him even if the same becomes applicable later on. In respect of the Bidders, who fail to comply with this requirement, their quoted prices shall be loaded with the quantum of such duty/tax which is normally applicable on the item in question for the purpose of comparing their prices with other Bidders.
(v) Any change in any duty/tax upward/downward as a result of any statutory variation in excise taking place within contract terms shall be allowed to the extent of actual quantum of such duty/tax paid by the supplier. Similarly, in case of downward revision in any duty/tax, the actual quantum of reduction of such duty/tax shall be reimbursed to the Buyer by the Seller. All such adjustments shall include all reliefs, exemptions, rebates, concession etc. if any obtained by the Seller.
(b) Excise Duty
(i) Where the excise duty is payable on advalorem basis, the Bidder should submit along with the tender, the relevant form and the Manufacturer’s price list showing the actual assessable value of the stores as approved by the Excise authorities. (ii) Bidders should note that in case any refund of excise duty is granted to them by Excise authorities in respect of Stores supplied under the contract, they will pass on the credit to the Buyer immediately along with a certificate that the credit so passed on relates to the Excise Duty, originally paid for the stores supplied under the contract. In case of their failure to do so, within 10 days of the issue of the excise duty refund orders to them by the Excise Authorities the Buyer would be empowered to deduct a sum equivalent to the amount
refunded by the Excise Authorities without any further reference to them from any of their outstanding bills against the contract or any other pending Government Contract and that no disputes on this account would be raised by them.
(iii) The Seller is also required to furnish to the Paying Authority the following certificates:-
(aa) Certificate with each bill to the effect that no refund has been obtained in respect of the reimbursement of excise duty made to the Seller during three months immediately preceding the date of the claim covered by the relevant bill. (ab) Certificate as to whether refunds have been obtained or applied for by them or not in the preceding financial year after the annual Audit of their accounts also indicating details of such refunds/applications, if any. (ac) A certificate along with the final payment bills of the Seller to the effect whether or not they have any pending appeal/protest for refund or partial refund of excise duties already reimbursed to the Seller by the Government pending with the Excise authorities and if so, the nature, the amount involved, and the position of such appeals. (ad) An undertaking to the effect that in case it is detected by the Government that any refund from Excise Authority was obtained by the Seller after obtaining reimbursement from the Paying Authority, and if the same is not immediately refunded by the Seller to the Paying Authority giving details and particulars of the transactions, Paying Authority will have full authority to recover such amounts from the Seller’s outstanding bills against that particular contract or any other pending Government contracts and that no dispute on this account would be raised by the Seller.
(iv) Unless otherwise specifically agreed to in terms of the contract, the Buyer shall not be liable for any claim on account of fresh imposition and/or increase of Excise Duty on raw materials and/or components used directly in the manufacture of the contracted stores taking place during the pendency of the contract.
(c) Sales Tax/VAT
(i) If it is desired by the Bidder to ask for Sales tax/VAT to be paid as extra, the same must be specifically stated. In the absence of any such stipulation in the bid, it will be presumed that the prices quoted by the Bidder are inclusive of sales tax and no liability of sales tax will be developed upon the Buyer.
(ii) On the Bids quoting sales tax extra, the rate and the nature of Sales Tax applicable at the time of supply should be shown separately. Sales tax will be paid to the Seller at the rate at which it is liable to be assessed or has actually been assessed provided the transaction of sale is legally liable to sales tax and the same is payable as per the terms of the contract.
(d) Octroi Duty and Local Taxes.
(i) Normally, materials to be supplied to Government Departments against Government Contracts are exempted from levy of town duty, Octroi Duty, Terminal Tax and other levies of local bodies. The local Town/Municipal Body regulations at times, however, provide for such Exemption only on production of such exemption certificate from any authorised officer. Seller should ensure that stores ordered against contracts placed by this office are exempted from levy of Town Duty/Octroi Duty, Terminal Tax or other local taxes and duties. Wherever required, they should obtain the exemption certificate from the Buyer, to avoid payment of such local taxes or duties. (ii) In case where the Municipality or other local body insists upon payment of these duties or taxes the same should be paid by the Seller to avoid delay in supplies and possible demurrage charges. The receipt obtained for such payment should be forwarded to the Buyer without delay together with a copy of the relevant act or bylaws/ notifications of the Municipality of the local body concerned to enable him to take up the question of refund with the concerned bodies if admissible under the said acts or rules.
Part IV – Special Conditions of RFP
The Bidder is required to give confirmation of their acceptance of Special Conditions of the RFP mentioned below which will automatically be considered as part of the Contract concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in rejection of Bid submitted by the Bidder. 1. Performance Guarantee.The Bidder will be required to furnish a Performance Guarantee by way of Bank Guarantee through a public sector bank or a private sector bank authorized to conduct government business (ICICI Bank Ltd., Axis Bank Ltd or HDFC Bank Ltd.) for a sum equal to 10% of the contract value within 30 days of signing of this contract. Performance Bank Guarantee will be valid up to 60 days beyond the date of warranty/services (as applicable). The specimen of PBG is given in Form DPM-15, (Available in MoD website and can be provided on request). 2. Option Clause. The contract will have an Option Clause, wherein the Buyer can exercise an option to procure 50% of the original contracted services / goods in accordance with the same terms & conditions of the present contract. This will be applicable within the currency of contract. The Bidder is to confirm the acceptance of the same for inclusion in the contract. It will be entirely the discretion of the Buyer to exercise this option or not.
3. Tolerance Clause. To take care of any change in the requirement during the period starting from issue of RFP till placement of the contract, Buyer reserves the right to 20% plus/minus increase or decrease the quantity of the required goods/ services upto that limit without any change in the terms & conditions and prices quoted by the Seller. While awarding the contract, the quantity/services ordered has been increased or decreased by the Buyer within this tolerance limit.
4. Payment Terms.It will be mandatory for the Bidder to indicate their bank account numbers and other relevant e-payment details so that payments could be made through ECS/EFT mechanism instead of payment through cheques, wherever feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for receiving payments through ECS is at Form DPM-11 (Available in MoD website and can be given on request). The payment will be made as per stages mentioned in Part II of this RFP. 5. Advance Payments. No advance payment(s) will be made. 6. Paying Authority. The paying authority will be PCDA (N), Mumbai. The payment of bills will be made on submission of the following documents by the Seller to the Paying Authority along with the bill:
(a) Ink-signed copy of contingent bill / Seller’s bill. (b) Ink-signed copy of Commercial invoice / Seller’s bill. (c) Copy of Contract with U.O. number / Copy of Supply Order and date of IFA’s concurrence, where required under delegation of powers.
(d) Exemption certificate for Excise duty / Customs duty, if applicable. (e) Bank guarantee for advance, if any. (f) Performance Bank guarantee / Indemnity bond where applicable. (g) DP extension letter with CFA’s sanction, U.O. number and date of IFA’s concurrence, where required under delegation of powers, indicating whether extension is with or without LD. (h) Bank details for electronic payment viz Account holder’s name, Bank name, Branch name and address, Account type, Account number, IFSC code, MICR code (if these details are not incorporated in contract). (i) User Acceptance certificate from IHQ MoD(N)/DIT. (j) Photo copy of PBG
7. Fall Clause. The following Fall clause will form part of the contract placed on successful Bidder:-
(a) The price charged for the stores supplied under the contract by the Sellershall in no event exceed the lowest prices at which the Seller sells the stores or offer to sell stores of identical description to any persons/Organisation including the purchaser or any department of the Central government or any Department of state government or any statutory undertaking the central or state government as the case may be during the period till performance of all supply Orders placed during the currency of the rate contract is completed. (b) If at any time, during the said period the Seller reduces the sale price, sells or offer to sell such stores to any person/organisation including the Buyer or any Dept, of central Govt. or any Department of the State Government or any Statutory undertaking of the Central or state Government as the case may be at a price lower than the price chargeable under the contract, the shall forthwith notify such reduction or sale or offer of sale to the Director general of Supplies & Disposals and the price payable under the contract for the stores of such reduction of sale or offer of the sale shall stand correspondingly reduced. The above stipulation will, however, not apply to:--
(i) Exports by the Seller. (ii) Sale of goods as original equipment at price lower than lower than the prices charged for normal replacement. (iii) Sale of goods such as drugs which have expiry dates. (iv) Sale of goods at lower price on or after the date of completion of sale/ placement of the order of goods by the authority concerned under the existing or previous Rate Contracts as also under any previous contracts entered into with the Central or State Govt. Depts, including their undertakings excluding joint sector companies and/or private parties and bodies.
(c) The Seller shall furnish the following certificate to the Paying Authority along with each bill for payment for supplies made against the Rate contract – “We certify that there has been no reduction in sale price of the stores of description identical to the stores supplied to the Government under the
contract herein and such stores have not been offered/sold by me/us to any person/organisation including the purchaser or any department of Central Government or any Department of a state Government or any Statutory Undertaking of the Central or state Government as the case may be upto the date of bill/the date of completion of supplies against all supply orders placed during the currency of the Rate Contract at price lower than the price charged to the government under the contract except for quantity of stores categories under sub-clauses (a),(b) and (c) of sub-para (ii) above.
8. Risk & Expense clause
(a) Should the stores or any instalment thereof not be delivered within the time or times specified in the contract documents, or if defective delivery is made in respect of the stores or any instalment thereof, the Buyer shall after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the contract as cancelled either wholly or to the extent of such default. (b) Should the stores or any instalment thereof not perform in accordance with the specifications / parameters provided by the SELLER during the check proof tests to be done in the BUYER’s country, the BUYER shall be at liberty, without prejudice to any other remedies for breach of contract, to cancel the contract wholly or to the extent of such default. (c) In case of a material breach that was not remedied within 45 days, the BUYER shall, having given the right of first refusal to the SELLER be at liberty to purchase, manufacture, or procure from any other source as he thinks fit, other stores of the same or similar description to make good:-
(i) Such default.
(ii) In the event of the contract being wholly determined the balance of the stores remaining to be delivered thereunder.
(d) Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any other supplier as the case may be, over the contract price appropriate to such default or balance shall be recoverable from the SELLER. Such recoveries shall not exceed 10% of the value of the contract.”
9. Force Majeure
(a) Neither party shall bear responsibility for the complete or partial non-performance of any of its obligations (except for failure to pay any sum which has become due on account of receipt of goods under the provisions of the present contract), if the non-performance results from such Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State Authorities or any
other circumstances beyond the parties control that have arisen after the conclusion of the present contract. (b) In such circumstances the time stipulated for the performance of an obligation under the present contract is extended correspondingly for the period of time of action of these circumstances and their consequences. (c) The party for which it becomes impossible to meet obligations under this contract due to Force Majeure conditions, is to notify in written form the other party of the beginning and cessation of the above circumstances immediately, but in any case not later than 10 (Ten) days from the moment of their beginning. (d) Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or organization of the respective country shall be a sufficient proof of commencement and cessation of the above circumstances. (e) If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six) months, either party hereto reserves the right to terminate the contract totally or partially upon giving prior written notice of 30 (thirty) days to the other party of the intention to terminate without any liability other than reimbursement on the terms provided in the agreement for the goods received.
10. Quality Assurance. The solution would be tested on location at the discretion of the Buyer. Separate security testing including VA by authorised agencies of the IN would be undertaken at the discretion of the buyer. The vendor must agree to incorporate changes in the solution as required by the VA team.
11. Inspection Authority. The Inspection will be carried out by nominated officer. 12. Arbitration. Any dispute between the parties shall be resolved mutually by the parties. If the dispute cannot be resolved by mutual consultation between the parties, the same shall be resolved in accordance with provisions of Arbitration and Conciliation Act, 1996 and rules framed there under as may be amended from time to time or its re-enactment. Place of Arbitration shall be Delhi. The Arbitrator will be appointed by the Indian Navy and decision of the Arbitrator shall be final and binding on the parties.
13. OEM Certificate: In case the Bidder is not the OEM, the agreement certificate with the OEM for sourcing the spares/items shall be mandatory.
14. Placement of Order. The Purchase order will be placed on L1 firm.
.
Part V – Evaluation Criteria & Price Bid issues
1. Evaluation Criteria - The broad guidelines for evaluation of Bids will be as
follows:-
(a) Only those Bids will be evaluated which are found to be fulfilling all the
eligibility and qualifying requirements of the RFP, both technically and
commercially.
(b) In respect of Two-Bid system, the technical Bids forwarded by the
Bidders will be evaluated by the Buyer with reference to the technical
characteristics of the equipment as mentioned in the RFP. The compliance of
Technical Bids would be determined on the basis of the parameters specified
in the RFP. The Price Bids of only those Bidders will be opened whose
Technical Bids would clear the technical valuation.
(c) The Lowest Bid will be decided upon the lowest price quoted by the
particular Bidder as per the Price Format given at Para 2 below. The
consideration of taxes and duties in evaluation process will be based on all
taxes and duties (including those for which exemption certificates are issued)
quoted by the Bidders will be considered. The ultimate cost to theBuyer would
be the deciding factor for ranking of Bids.
(d) The Bidders are required to spell out the rates of VAT, Service Tax, etc
in unambiguous terms; otherwise their offers will be loaded with the maximum
rates of duties and taxes for the purpose of comparison of prices. In the
absence of any such stipulation it will be presumed that the prices quoted are
firm and final and no claim on account of such duties will be entrained after
the opening of tenders. If a Bidder chooses to quote a price inclusive of any
duty and does not confirm inclusive of such duty so included is firm and final,
he should clearly indicate the rate of such duty and quantum of excise duty
included in the price. Failure to do so may result in ignoring of such offers
summarily.
(e) If there is a discrepancy between the unit price and the total price that
is obtained by multiplying the unit price and quantity, the unit price will prevail
and the total price will be corrected. If there is a discrepancy between words
and figures, the amount in words will prevail for calculation of price.
(f) The Lowest Acceptable Bid will be considered further for placement
ofcontract / Supply Order after complete clarification and price negotiations as
decided by the Buyer. The Buyer will have the right to award contracts to
different Bidders for being lowest in particular items. The Buyer also reserves
the right to do Apportionment of Quantity, if it is convinced that Lowest Bidder
is not in a position to supply full quantity in stipulated time.
2. Vendor Qualification Criteria. The vendor qualification would be based on
following criteria :-
(a) Company Profile. The following details to be provided by the vendor:-
Organizational Information (SI Partner) Vendor Response
Company Name
Corporate Address
Contact name, Title, Email and Phone number of primary contact person
Number of years in business
Sample list of clients within India
Number of total employees
Organizational Information (Product Vendor) Vendor Response
Company Name
Corporate Address
Contact name, Title, Email and Phone number of primary contact person
Number of years in business Supporting Documents Required
Number of years providing IRM solution
Number of active clients using IRM solution globally
Number of active clients using IRM solution within India
Sample list of clients using IRM solution globally
Sample list of clients using IRM within India
Number of total employees
(b) Vendor Evaluation Criteria
Eligibility Criteria Vendor Response/ Supporting
Documents Required
Minimum of 30 product deployments with minimum 3 of more than 2000 - 3000 users within India Supporting Documents Required
Minimum 1 large scale deployment of more than 2000 - 3000 users by the Implementation Partner Supporting Documents Required
Minimum of 1 Government / PSU deployment for the product within India Supporting Documents Required
On request, the product source code should be available to the Navy in a reliable, third party, escrow service provider mutually agreed between the Navy and the product OEM
Implementation Partner to be certified and authorized by the product vendor Supporting Documents Required
Implementation Partner to have trained and certified personnel’s for the project implementation Supporting Documents Required
The Bidder / each member of the Consortium partners should be registered under the Companies Act, 1956, should have registered offices in India and should be in existence for at least last 5 years.
Copy of Certificate issued by Registrar of companies
Eligibility Criteria Vendor Response/ Supporting
Documents Required
The Bidder / Lead Bidder of Consortium should have an annual turnover of at least INR. 7.5Crores from the IT Business and operations (System Integration Services, Software Development Services, Hardware supply, installation, commissioning and facilities management services) during each of the last three financial years (i.e. 2012-2013, 2013-14, 2014-15), with positive net worth and profitability in last 2 years.
Extracts from the audited Balance sheet and Profit & Loss; OR Certificate from the Statutory Auditor.
(c) The bidder should have implemented a RMS project at one location. The bidder should also have the experience of having successfully completed IT projects during last 5 years ending last day of month previous to the one in which applications are invited should include:-
(i) Three similar projects costing not less than Rs1.12 Cr.
or (ii) Two similar projects costing not less than Rs1.4 Cr.
or (iii) One similar project costing not less than Rs3 Cr
(d) The bidder should enclose copy of the work order indicating both the value of the project with breakdown of the project into different categories and the value of consultancy services provided against each.The bidder should provide details of past projects undertaken in last three years in the format given below:-
Ser Name of the assignment, name of the client & location
Date of Award and date of completion (Attach completion certificate)
Contract value
Brief Description of Scope
Documents attached & support of work done
3. Price Bid Format: The Price Bid Format is given below and Bidders
arerequired to fill this up correctly with full details: -
Basic Cost of Item
Ser
No
Item Unit Price Qty Total
(a) Client Licenses 3000
(b) Server Licenses 08
(c) Installation and
Commissioning of Policy
Server (04 locations at
New Delhi, Mumbai, Kochi
and Vishakhapatnam)
04
(d) Cost of Services
during handholding for 06
Months
(e) Cost of Services
during warranty for one
year
(A) Total Of Basic Price
Taxes Applicable for Items
Ser No Tax Applicable Rate of Tax Amount on
which
applicable
Tax Payable
VAT
Service Tax
Any other Tax
(B) Total of Taxes Payable
(C) Grand Total (A) + (B)
(D) AMC for 5 years (To be quoted per year as % of cost
of client and server licenses. This will not be part
of existing SOW but will be used to determine L1)
including taxes
Grand Total:-
(a) Excluding AMC (with all taxes) (C)
(b) Including AMC (with all taxes) (will be used to determine L1):-(C+D)
Appendix ‘A’
COMPLIANCE MATRIX BY THE VENDOR
(It is mandatory to submit this compliance matrix, failing which the Buyer
reserves the right to reject the bids submitted)
Ser Clause Compliance Yes/No
1. Part I Para 6
Bids submission under 2 Bid system
2. Part I Para 7 of RFP. Documentary
proof of VAT/CST Registration, TIN
No or any other registration by any
government organisation mandatory
for executing the contract should be
enclosed.
Self-attested
documentary proof
attached
3. Part I Para 13
Validity of Bid - 120 days from bid submission date
4. Part I Para 14 of RFP – EMD
In case vendor is registered with
DGS&D, NSIC or any other govt
organisation, please enclose self-
attested copy of valid registration
certification
Self-attested
documentary proof
attached
5. Part I Para 16 Cost of Bid - ₹ 500.00
6. Part II Para 2 of RFP
Confirmation to all technical
specifications and requirements as
per Part II of RFP.
Please specify
variations if any
clearly in the
technical bid.
7. Part II Para 3 of RFP
Confirmation to all service
specifications and requirements as
per Part II of RFP.
Please specify
variations if any
clearly in the
technical bid.
8. Part II Para 4 of RFP
Confirmation to all requirements of
Resident engineer as per Part II of
RFP.
Please specify
variations if any
clearly in the
technical bid.
9. Part II Para 7 of RFP
Terms of payments as per Part II of
RFP.
Please specify
variations if any
clearly in the
technical bid.
10. Part II Para 8 of RFP
Confirmation regarding Delivery
period as per Part II of RFP.
Please specify
variations if any
clearly in the
technical bid.
11 Part II Para 9
Patches and Upgrades
12 Part II Para 10
Backup and Recovery
13 Part II Para 11
PERT Chart for complete deployment phase
14 Part II Para 12
Service Support
15
Part II Para 13
Ready for VA of solution by Indian Navy at test setup including incurring cost for the same
16 Part II Para 15
AMC Clause
17 Part III Para 7 Acceptance to
Confidentiality and
Non-Disclosure
Clause
18 Part III Para 8 LD Clause accepted
19 Part IV Para 1 of RFP Acceptance of PBG
Clause
20 Part IV Para 3
Tolerance Clause acceptable
21 Part IV Para 4 and 6 of RFP Acceptance of E-
payment and
Payment terms
22 Part IV Para13
OEM Certificate attached
23 Acceptance of Standard Conditions
of Contract as per DPM – 09
Standard Conditions
of Contract as per
DPM – 09 have been
read and understood
in all aspects and
acceptable, and there
is no objection to
including the same in
the Contract
Agreement.
24 The vendor must give an undertaking
that the implementation/support
would be undertaken only by
registered employees of the firm.
Undertaking to be
given by the firm
25 Minimum annual turnover of Rs 7.5
Cr.
IT returns for the
financial year to be
submitted by the firm
26 Project Experience. Projects undertaken
by the firm in the
current financial year
to be provided
Office Stamp Signature of Bidder
Appendix ‘B’ (Refers to Para 7, Part III of RFP)
CONFIDENTIALITY AND NON DISCLOSURE AGREEMENT The Indian Navy and the vendor shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party any documents, data or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following termination of the Contract. Notwithstanding the above, the vendor may furnish to its Subcontractor(s) such documents, data and other information it receives from the Navy to the extent required for the Subcontractor(s) to perform its work under the Contract, in which event vendor shall obtain from such Subcontractor(s) an undertaking of confidentiality similar to that imposed on this vendor under this Clause. Vendor also undertakes not to use any information gained by virtue of this project, in any form, to prepare, develop, market or sell any system or product for utilization by any other client. The provisions of this Clause shall survive termination, for whatever reason, of the Contract.
Office Stamp Signature of Bidder
Appendix ‘C’ (Refers to Para 15, Part II of RFP)
SERVICE LEVEL AGREEMENT DURING AMC (IF CONCLUDED)
1. The Buyer reserves its right to terminate the maintenance contract at any time without assigning any reason after giving a notice of 03 months. The Seller will not be entitled to claim any compensation against such termination. However, while terminating the contract, if any payment is due to the Seller for maintenance services already performed in terms of the contract, the same would be paid to it as per the contract terms 2. Scope for AMC. AMC for 05 years would be signed at discretion of the Indian Navy. The scope of the AMC is as follows:-
(a) Position 01 Service Engineer at IHQ MoD (N) for carrying out troubleshooting of installation/configuration on call. (b) Configuration and restoration of the policy server (c) The patches, bug fixes and upgrades for the RMS server and clients will be patched by the user when released by the OEM. (d) During this period the bidder will provide assistance to Indian Navy in resolving all issues pertaining to maintenance of the RMS infrastructure delivered as part of this contract.
3. Service Level Agreement. The Service Level Agreement for AMC is as follows:-
(a) During AMC, the onsite engineer will assist resolving service level issues expeditiously on a day to day basis not greater than 02 weeks. (b) Where any update of client software is required due to new OS/ Application etc, the same would be provided within 01 months of the public release of the OS. (c) Where server side software is to be updated, the same would be made available within 03 months of release of new server version and installation/configuration of the new version shall remain vendor’s responsibility as part of AMC.
Office Stamp Signature of Bidder
