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Clause No. Clause Details Query/ Suggestion/ Clarification Responses to the queries

1 1 Last Date & Time of Submission 12th May 2017 at

2:00 PM

Given the broad spectrum of requirements, we

recommend an extension of 2 weeks for the submission

timeline in order to provide an attractive and competitive

bid along with partners.

As per Revised RFP.

2 10 2.1 Project Background

Arogya Online, a software application for Health

Management System (HMS) was started in selected

hospitals by Government of Rajasthan in the year 2009

What are the features which can be utilized in iHMS from

the Existing Arogya Online system?

As per RFP

3 10 2.1 Project Background

The Software Application shall capture data related to

an individual from all possible sources of data entry and

collate and consolidate the same in the form of an

Electronic Health Record,

What are the different possible data sources? As pe RFP

4 10 2.1 This Software Application for Integrated Health

Management System shall be available to government

hospitals and health centers from Medical College

Hospitals through to the Sub-centers, and also be

available to ANMs / ASHAs for Outreach Centers

We request RISL to clarify the total number of hospitals,

Medical colleges, health centers and sub centers under the

scope of this RFP

As per Section 8.3.3 of RFP

5 10 2.1 It may also be made available to interested private

institutions (Dispensaries, Nursing Homes, Small / Big /

Corporate hospitals, Private Laboratories, private Blood

Banks, private Radio-imaging Centers, private

Ambulance providers, etc.) and to research institutions

for their involvement in this intervention

We request RISL to clarify the Scope for Interested Private

institutions

As per RFP

6 10 2.1 It may also be made available to interested private




Ambulance providers, etc.) and to research institutions

for their involvement in this intervention.

1) Please provide number of private entities which will be

covered under iHIMS Program?

2) Please provide detailed scope for private blood bank

and Laboratory/Radiology/ private Ambulance provider/

Research Institutions usage within this IHIMS program.

As per RFP

RFP for Integrated Health Management System with Telemedicine for the State of Rajasthan

Consolidated Statement of Queries of Pre-Bid Meeting Held on 18/04/2017

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7 10 2.1 Software Application shall capture data related to an

individual from all possible sources of data entry and

collate and consolidate the same in the form of an

Electronic Health Record, which any individual / hospital

would be able to access / generate using his / her

Aadhaar / Bhamashah Card; general information would

be available for viewing in public domain and majority

information would be accessible to authorized persons /

hospitals after due authentication.

1) Request you to please provide details around scope of

integration with all source data entry systems?

As per Revised RFP

8 10 2.1 2.1 Project Background

"It may also be made available to interested private




Ambulance providers, etc) and to research institutions

for their involvement in this intervention."

What functionality of iHMS will be used by private

institutions?

As per RFP

9 10 2.1 Government of Rajasthan has taken a decision to

design and launch a comprehensive Health

Management System for capturing data on health and

health-related events and parameters. This

comprehensive Health Management System will be a

superset of Hospital Management System and will

ensure capturing health related data and events of a

person in the form of an Electronic Health Record. The

project also aims to build a telemedicine and PACS

solution

RISL has been given the task of getting an integrated

patient centric application platform which enables

hospitals, physicians, laboratories, pharmacies, and

other health services providers to participate and deliver

faster, more accurate, safer, higher quality and less

redundant medical care to patients in the state. The

application would be used by any hospital of Rajasthan

(government or private), private Laboratories, private

Blood Banks and private Radio Diagnosis and Imaging

Centers as also research institutions

This mean that Existing HIS Application & database for

maximum no of Patients will have to be integrated with the

New EMR Application @ API level.

For which source Code & API with DB table details needs

to be shared with new Bidder at the time of Design itself

Request GOR to share the feasibility & transparency of

sharing API & Design details of exiting HIS Platform

Request GOR to share the standard coding system used

for clinical data by existing HIS Applications ( eg.

SNOMED CT, ICD-10 etc ) & LOINC or Laboratory

Interface.

As per RFP

10 10 2.2 2.2 Project Objectives:

legacy data shall be linked with the new designed

Integrated Health Management System

Kindly clarify the following :

1. Total number of records in Legacy data?

2. Which Application, platform & Database is currently in

use to hold the legacy data?

As per RFP

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11 10 Clause 2.1 Arogya Online, a software application for Health

Management System (HMS) was started in selected

hospitals by Government of Rajasthan in the year 2009.

Till December 2016, about 50 Medical College

Hospitals / District Hospitals are using this

software

Is there a need of another application which is developed

or is the SI expected to Customize the existing HMS to

make it more comprehensive. Please clarify.

As clarified during the pre-

bid meeting entirely fresh

application has to be

developed by the SI which

will replace all currently

running application with

Medical & Health

Department. As per RFP

12 10 Project guidelines Master Provider Index What would be the estimated percentage of duplicates that

would exist in the system?

Cannot be ascertained at

this time. Will be determined

at the time of Study . As per

RFP

13 10 Project guidelines Population of Rajasthan What is the population of state and expected growth in

next 5 years.

Query is not relevant.

Estimated / Projected

Population for Rajasthan for

2017, 2018, 2019, 2020,

2021 and 2022 is 7.59, 7.70,

7.81, 7.92, 8.02 and 8.11

crores respectively. As per

RFP

14 11 2.2 Project Objectives

To link the web-based application for Integrated Health

Management System with following important

applications – (i) Bhamashah Database Hub, (ii) UIDAI

Database Hub, (iii) e-Aushadhi, (iv) e-Mitra, (v)

Bhamashah Swasthya Bima Yojana, (vi) e-Vault, (vii)

State GIS application and (viii) e-Health Card/ Arogya

Rajasthan (legacy data shall be linked with the new

designed Integrated Health Management System.

1)Are the services from these 8 applications available to

intergrate with the iHMS system?

2)Please provide the details of the data needed in iHMS

from these systems

As per revised RFP

15 11 2.2 To link the web-based application for Integrated Health

Management System with following important

applications – (i) Bhamashah Database Hub, (ii) UIDAI

Database Hub, (iii) e-Aushadhi, (iv) e-Mitra, (v)

Bhamashah Swasthya Bima Yojana, (vi) e-Vault, (vii)

State GIS application and (viii) ¬e-Health Card/ Arogya

Rajasthan (legacy data shall be linked with the new

designed Integrated Health Management System.

Will the necessary external service API's will be available ?

(e.g UIDAI, e-Mitra, e-Vault, GIS)

Yes. As per RFP

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16 11 2.2 Provide national, state, district level aggregate

information on health parameters readily available for

identifying disease/ conditions requiring immediate

attention, crafting timely health systems response and

better coordination of public health activities.

1) Do we need to provide analytics tool however there are

no details around the relevant technology stack for the

same. Request you to please clarify.

As per revised RFP

17 12 2.3 Better linkage between government and private

hospitals through telemedicine and by way of referrals

Is the government and private hospitals details are

persisted in single source of truth or we need to fetch from

multiple sources ?

As per RFP

18 12 2.4 2.4 Expected Project Outcomes-

Availability of online Electronic Health Record (EHR) of

individuals linked to their Bhamashah Card / Aadhaar

Card after proper verification process.

Is it expected from the Bidder to link existing legacy patient

data with patient Aadhaar /Bhamashah Card. If yes, please

share the volume data and format.

As per revised RFP

19 13 2.4 Establishment of a network hospitals linked as

Telemedicine Centers with PACS.

1) How many hospitals need to be telemedicine centers? As per revised RFP

20 13 2.4 Establishment of a system of management of

ambulances and vehicles by participating hospitals.

Is the GPS tracking of vehicles part of the scope of work, if

yes kindly clarify the below:

1.) Who will provide the GPS system software and

equipment

2.) Number of vehicles expected to enroll in the scope of

work

GPS tracking is out of scope

of this bid, however, the

feed/ data from online

ambulance moitoring system

has to be incorporated in

iHMS webservice for which

shall be provided by M&H

deptt

21 13 2.4 Efficient and transparent service delivery mechanism

through Web Portal, Mobile Application, Payment

Gateway and SMS

Is the bidder expected to provide the Payment Gateway

and SMS gateway or will it be provided by the Govt of

Rajasthan and the bidder needs to integrate? Please

confirm.

Payment, SMS and eMail

gateways shall be provided

by Govt. of Rajasthan which

bidder has to integrate

22 14 3 4. Technical Capability and Experience Can the vendor provide details of E-healthcare solution

projects other than HIS/EMR/HER/HMIS of said value?

As per RFP

23 14 3 4. Technical Capability and Experience Will self certification by the vendor of the value and

completion of projects be acceptable as we may not be

able to share work orders/completion certificates due to

non-disclosure agreement signed with customers?

As per RFP

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24 14 3. Pre-

qualification/Eligibil

ity Criteria

(Preliminary

Qualification)-

4. Technical Capability & Experience: As per RFP We request you to please give an option of submitting CA

Certificates only for meeting the required criteria. This is

requested as all the SI's will be having a signed NDA with

the clients for almost all the big projects executed.

Kindly do not make submission of work order mandatory.

As per RFP

25 14 3. Pre-

Qualification/Eligibi

lity Criteria

(Preliminary

Qualification)

Point 4: Technical

Capability &

Experience

The bidder or consortium members taken together must

have successfully executed or is executing projects of

total value (excluding hardware) in design,

development, integration, implementation, operations

and maintenance of eHealth Solutions (i.e. HIS/ EMR/

EHR/ HMIS) in last five (5) years (i.e. from 01st Jan.

2012 to 31st Dec. 2016) as mentioned...

We request you to allow any consortium member that

meets the requirement individually to present the similar

project experience i.e. request you to please modify the

clause as following:

“The bidder or any member of the consortium must have

successfully executed or is executing projects of total

value (excluding hardware) in design, development,

integration, implementation, operations and maintenance

of eHealth Solutions (i.e. HIS/ EMR/ EHR/ HMIS) in last

five (5) years (i.e. from 01st Jan. 2012 to 31st Dec. 2016)

as mentioned”

As per RFP

26 14 Chapter 3 3. Pre-


lity Criteria

Turnover from IT/

ITeS

Average annual turnover of the Bidder/ Lead Proponent

of consortium during last three financial years (2013-14

to 2015-16) from IT/ ITeS should be at least Rs. 40

Crores.

We understand the world bidder means Consortium as a

whole & not necessarily only lead proponent. Kindly

confirm.

Bidder mean a single bidder

and Lead proponent of

consortium means lead

bidder of the consortium

27 14 Chapter 3 Clause

1 - Legal Entity

The Company / Lead Proponent and non-lead member

(in case of consortium) should be an entity registered in

India under the Company Act, 1956 (or) a firm

registered under the Limited Liability Partnership Act,

2008 (or) a firm registered in India under the

Partnership Act, 1932 (or) a registered legal entity

under Rajasthan Shops & Commercial Establishments

Act, 1958 (or) a Parastatal Body / Organization, as

applicable, and must have a registered office in India.

Kindly add following in this clause

“ R&D organization / institution/Autonomous Body /

Scientific Society under the Ministry of Electronics and

Information Technology (MeitY) for carrying out R&D in IT,

Electronics and associated areas.

As per RFP

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28 14 Chapter 3. Pre-


lity Criteria

(Preliminary

Qualification)

Point 4: Technical

Capability &

Experience







2012 to 31st Dec. 2016) as mentioned below:

1. One similar work of value not less than Rs. 8.00

Crores.

or

2. Two similar works of value not less than Rs. 5.00

Crores each

or

3. Three similar works of value not less than Rs. 4.00

Crores each

(By “executing (the project)” it is implied that the project

should have been commissioned or must be in Go Live

status as on 31st March 2017)

It should be Software Completion Certificates instead of

Work Completion Certificates from the client.

As per RFP

29 14 Pre-


lity Criteria

(Preliminary

Qualification)

Technical

Capability &

Experience







2012 to 31st Dec. 2016) as mentioned below:


Crores.

or


Crores each

or


Crores each




With respect to proof of work, we request you modify the

criteria as Work Order + Work in Progress Certificate by

client

As per revised RFP

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30 14 Pre-


lity Criteria

(Preliminary

Qualification)

Turnover from IT/

ITeS

Average annual turnover of the Bidder/ Lead Proponent

of consortium during last three financial years (2013-14

to 2015-16) from IT/ ITeS should be at least Rs. 40

Crores.

Average annual turnover could be Rs. 20 Crores As per RFP


Qualification/

Eligibility Criteria

Item 5

The bidder (each member in case of consortium) must

possess a valid: -

• VAT/ Sales Tax Registration Certificate

• RVAT/ Sales Tax clearance certificate till 31st

December 2016 (if applicable)

• Service Tax Registration Certificate

• Income Tax Registration/ PAN

Is RVAT certificate a must? Will it be sufficient to have the

other three available?

As per RFP



lity Criteria

Certification

The bidder or any one of the consortium members must

possess valid certification of CMMI Level 3 or above as

on last date of bid submission

We request to kindly change CMMI Level 3 to ISO

Certification.

As per RFP

33 15 Chapter 3. Pre-


lity Criteria

(Preliminary

Qualification)

Item 6 -

Certification




Most of Healthcare OEMs are small and not having

CMMI3/5. we have been implimenting 42Cr order of health

software for MCGM Mumbai but not able qualify just

because of CMMI 3. Request you to remove CMMI3 to

participate innovative & company having experince in

required domain.

As per RFP

34 15 Pre-


lity Criteria

(Preliminary

Qualification)

Certification




Requesting you to modify this Clause as CMMI Level 3 Or

ISO 9001-2008 Certificate

As per RFP

35 16 8 Authorization The bidder or any member in case of

consortium should be OEM of the proposed eHealth

Solution or its authorized representative.

Please elaborate if the OEM is only in respect of the

Telemedicine/ PACS component?

This authorization has to be

provided by the OEMs of the

third party products

proposed by the bidder on

OEMs letter head. See Annx.

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36 17 4.1 A centralized onsite team for design, customization /

development of integrated HMS software solution,

located at Jaipur, shall be provided for customization of

integrated health solution as per the requirement of

RISL / DHFW / ME Dept.

Can development team work on an Onsite/Offshore

model? Please confirm.

As per RFP

37 17 4.1 4.1 Approach for Development and Implementation of

Integrated Health Management System Solution

Please specify if onsite team to be deployed for design,

customization/development of IHMIS in Jaipur will be

located at vendor office or at client location?

As per RFP

38 17 4.2 4.2 Integration/ Interoperability

iHMS should have the capability to exchange data and

records between heterogeneous/ multiple systems

(EMR/ HIS/ Database) that can be managed and

maintained by multiple hospitals and

Second part of this clause is missing As per Revised RFP.


The iHMS must have provision for data exchange

between various HIS/ EHR systems participating in the

information exchange where an external system can

query information to iHMS and can extract and submit

the desired information.

Are there any standards mandated to be followed by third

party systems for exchange of data?

As per revised RFP

40 17 Chapter 4 Scope

of Work

Clause 4.1

Approach for

Development and

Implementation

Selected Bidder shall deploy the team onsite. A

centralized onsite team for design, customization /

development of integrated HMS software solution,

located at Jaipur, shall be provided for customization of

integrated health solution as per the requirement of

RISL / DHFW / ME Dept.

We understand that the location including space, power

and cooling, furniture, phone lines, bandwidth etc. for

onsite team in Jaipur shall be provided by department.

Please confirm.

Request you to please share the location details in Jaipur.

In case additional resources required to support the FMS

phase, can SI provide remote support?

Sitting space with power,

furniture, connectivity etc. to

the onsite Jaipur

development team shall be

provided by RISL. The

bidder shall provide the

computing environment

(laptops, desktops, printers,

etc.) to its onsite team

41 18 4.2 It is the responsibility of the solution provider/ bidder to

conduct thorough requirement analysis of the all

participating systems and facilitate data exchange in

standard format from multiple formats (i.e. API, HL7,

etc.). The system should have flexibility to take data in

batch mode or real time mode based on the need and

status of the peripheral systems.

Are there any HL7 interfacing engines or HL7 APIs

currently in use?

As per RFP. There are no

HL7 engines currently in use

42 18 4.2 The iHMS must have provision for data exchange

between various HIS/ EHR systems participating in the

information exchange where an external system can

query information to iHMS and can extract and submit

the desired information

Is the SI required to provide an health information

exchange platform. If yes, please specify the requirements

As per revised RFP

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43 19 4.2 Successful Bidder shall provide web-based application

(along with mobile application) for implementation of

Integrated HMS.

1) Please provide detailed Scope of mobile application? As per revised RFP.

44 19 4.2 Successful Bidder shall provide web-based application


Integrated HMS

Are we expected to build the mobile application for

ASHA/ANM workers? Request you to please confirm.

As per revised RFP.

45 19 4.2 Integration/ Interoperability Telemedicine is mentioned twice in the diagram; is there a

reason for that?

As per Revised RFP.

46 19 4.2 4.2 Integration/ Interoperability Please share the scope of integrations required with

databases, applications such as Bhamashah, Aadhaar, e-

Mitra, 108 etc.

As per Revised RFP.

47 19 4.2 Integration/

Interoperability

Successful Bidder shall provide web-based application


Integrated HMS.

Will individual users access the application through a web

portal only? Mobile App is mentioned later in the same

section but is not shown in the diagram.

As per RFP

48 19 Clause 4.2 Successful Bidder shall provide web-based application


Integrated HMS

Mobile app is intended for Outreach workers e.g. ASHA or

ANM workers or is it supposed to be for Clinical

users/Hospital users as well? From citizen' perspective,

what are the functions that needs to be provided from

mobile app?

As per revised RFP

49 19 Clause 4.2 Successful Bidder shall provide web-based application


Integrated HMS. This application shall also be

integrated with following existing State-Level

applications implemented in the State of Rajasthan

Please elaborate on Mobile application scope. As per revised RFP


This application shall also be integrated with following

existing State-Level applications implemented in the

State of Rajasthan:

Bhamashah Database Hub (BDH)

1)Are there services already available to integrate with all

these existing State-Level applications?

2)Please provide the details of the data needed in iHMS

from these systems.

Please share the technology stack for the existing

application that needs to be integrated with iHMS

application

The integration is through

webservices/ APIs hence,

stack of each application

need not be mentioned. As

per RFP

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51 20 4.3 Electronic Health Record and platform to host various

EHR/ HIS/ EMR and other public health IT Systems with

Registries (Master Patient Index; Patient, Provider and

Facility Registries) along with an Analytics Engine

What is meant by "host various HIS/EHR/EMR and other

public health IT systems", please clarify.

Through these Indexes and

Registers various HIS/ EHR/

EMR systems are to be

integrated under iHMS. As

per revised RFP

52 20 4.2 - Integration /

Interperability

This application shall also be integrated with following

existing State-Level applications implemented in the

State of Rajasthan

The List of state applications which need to be integrate,

can you share the detail of the database

The SI is expected to study

the database of applications

to be integrated as part of

requirement gathering for

SRS.

53 20 4.3 - Scope of

Work

Development/ Customization, Testing and Deployment

of Integrated Health Management System (iHMS)

Application (including Telemedicine and PACS)

Software Solution (Web Application & Web Portal)

We already have a solution, then why should it need to be

developed on site. Kindly change this term to

Implementation / Customisation wherever written

Development / Customisation.

Every solution requires some

level of customization and

new functionalities are to be

added as per the specific

requirements hence,

Development &

Customzation is mentioned

54 20 4.3 Scope of Work Data Migration, System Integration with other

applications as per requirement

Need details on any conversion logics / mechanisms

required for data migration?

Cannot be ascertained at

this time. Will be mutually

agreed upon during study

with the selected bidder

55 20 4.3 Scope of Work kindly clarify the scope of Data Migration Cannot be ascertained at

this time. Will be mutually

agreed upon during study

with the selected bidder

56 21 4.3 IHMS requires module for wellness and preventive care

program.

At an Institutional level, do healthcare entities have an

existing integrated care management program along with

Insurance companies to facilitate Wellness and Preventive

Care programs?

The state has wellness and

preventive health care

programmes but no

Insurance companies are

involved

57 21 Clause 4.3 Scope

of Work

Phases and groups chart along with modules What is the logic of Groups within the module. Are they

linked to development and implementation plan in phases.

If so, EHR and EMR is in the Group 1 while most of the

investigation and IP modules are in Group 2 - in which

case Group 1 can't be comprehensive without Group 2.

Request you to please clarify.

As per RFP.

58 22 4.3.1 However, deployment of key resources should be from

the date of agreement signing.

We request RISL to confirm, if key resources are similar to

what is mentioned as minimum resources in the table

given in section 4.3.1. If it is different please specify the

details of key resources?

As per revised RFP. The

minimum resources to be

deployed are mentioned in

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59 22 Clause 4.3 Scope

of Work

iHMS Phase diagram with modules "Billing" module is stated in two phases - "Investigation

and Billing" and Billing. Please clarify if billing module

needs to be developed in 2 phases

As per Revised RFP. Billing

needs to be developed in a

single phase - it will be part

of Investigation & Billing

Module.

60 22 General Clarification required About the Manpower which asked in Bid for solution

development i.e. 27+35, now if someone already has a

product 70-80% ready where only 30-20%

development/customization is require and which can be

achieved with less manpower then why to bound someone

with Min manpower which increses cost of project. So our

request is to keep this Manpower clause flexibale as per

requirement & timeline fo the RFP.

The manpower mentioned is

bare minimum required to

effect the customization/

development etc. However, if

bidder thinks that 70-80%

product is ready then the

implementation time may be

reduced by that many man

months. However, it is

advised that it will be too

premature to estimate the

percentage of similarity. The

bidder should see iHMS in a

broader prespective instead

of only Hospital

Computerization

61 23 4.3.2 Development/Customization, Testing and Deployment

& Commissioning of Integrated HMS Application (Web

Application & Web Portal), Integration and Development

of Mobile Application

Regarding the development, testing, UAT environment &

Infra shall be provided by RISL or that is required to be

taken care by bidder.(both for the Hardware and Licenses)

Stack shall be provided by

RISL as per RFP

62 24 4.3.3 4.3.3 Design, Requirement Analysis, Software

Requirement Specification (SRS)

Will all govt. medical college hospitals, district hospitals,

PHCs and Private Hospitals follow the same processes as

those of the representative sample covered during SRS?

As per RFP

63 24 4.3.3 4.3.3 Design, Requirement Analysis, Software

Requirement Specification (SRS)

Please provide details of existing applications - PCTS,

AshaSoft, e-Aushadi, Arogya online etc.

As per revised RFP

64 24 4.3.4 4.3.4 Development/ Customization of HMS Application

(Web Application, Web Portal)

Please clarify that while user interface of important labels

should be in Hindi also, the data entry/retrieval in the

iHMIS would be done in English only?

As per RFP

65 25 4.3.4 Development/ Customization of HMS Application (Web

Application, Web Portal)

Do we still need to handover the design, if there is some

customization?

As per RFP.

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66 25 4.3.5 User

Acceptance

Testing (UAT)

Final approval/user acceptance of the Integrated HMS

application (Phase Wise/ GroupWise) shall be given by

RISL/ M&H Dept. This is the responsibility of the

Selected Bidder to obtain the UAT approval from the

RISL/ M&H Dept.

We propose to add, "Bidder shall notify RISL/ M&H Dept.

regarding the Final approval/user acceptance of the

Integrated HMS application (Phase Wise/GroupWise). In

case the acceptance is not received with 15 working days

or the system is put to commercial use then the system will

be considered as deemed accepted." Request you to

please consider this modified clause.

As per RFP

67 25 4.3.6 Safe to Host

Certification

The Selected Bidder shall get the Safe to Host

Certification done for Integrated HMS application (Web

Application and Web Portal) (including all the pages)

from the Certin empanelled vendors as a pre-requisite

for Go-Live.

We request RISL to confirm who will pay the charges for

safe to host certification by CERT-IN empaneled vendors?

As per RFP

68 25 4.3.7 Assistance to Third Party Auditor (TPA) appointed by

RISL

Do we still need to handover the design, if there is some

customization?

As per RFP

69 25 Development/

Customization of

HMS Application

(Web Application,

Web

Portal)-

The Selected Bidder would be required to provide

version control and archiving facility for database and

for Integrated HMS software solution as strict version

control is necessary for legal accountability, and

disaster recovery. Versioning should also allow

contributors to know whether team is working with the

latest version, and allow them to merge changes made

in separate versions when needed.

We assume Disaster recovery and database archiving

including IT infrastructure , storage, replication, backup

shall be responsibility of RSDC. Please confirm

Yes. As per RFP

70 25 User Acceptance

Testing (UAT)-

The Selected Bidder shall properly test the Integrated

HMS application (Web Portal and Web Application)

thoroughly and conduct unit and integration testing at

his end before deploying the Integrated HMS Software

solution for UAT. Selected Bidder shall give a

demonstration of different module-wise (for each group)

functionalities developed for Integrated HMS application

after deploying the Integrated HMS Software solution at

RSDC. RISL shall conduct functional testing of

application once the functional demonstration of

Integrated HMS Software solution is over

Request you to please advise if different environments

including hardware and software shall be made available

to selected bidder:

1. Production

2. Pre-Production

3. Testing and UAT

4. Training

5. Development and Sandbox

6. Disaster Recovery

As per RFP

71 26 4.3.8 Deployment/ Configuration/ System Integration and

Commissioning (Go-Live) of Integrated HMS

Application &Web Portal

Kindly advise whether the hardware required for hosting

the application will be provided by RISL. There may be

multiple servers and networking equipment required for a

failsafe installation.

As per RFP

72 26 4.3.9 Training on Integrated HMS application and

Handholding Support

Please specific the type training material required (like any

printed documents, any interactive learning material etc.)

As per revised RFP

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73 26 4.3.9 Support What is the support cycle & SLAs along with the Response

& resolution time for all severity tickets

Please provide number of locations for solution

implementation & support.

As per revised RFP

74 26 4.3.9 4.3.9 Training on Integrated HMS application and

Handholding Support

Please clarify if the identified trainers trained as part of

train-the-trainer by vendor at Jaipur will train the end users

at their respective district locations without presence or

holding support by vendors?

As per revised RFP

75 26 4.3.9 4.3.9 Training on Integrated HMS application and

Handholding Support

For training on Telemedicine and PACS, please clarify at

how many remote sites does demonstration and training

have to be carried out?

As per RFP

76 28 4.3.11 Integrated HMS Application Support & Maintenance

Services:

Design & Upload content on web portal as per

instruction of Purchaser. Content management services

includes (content collection, translation, conversion,

design of content upload content using CMS),

Kindly clarify the requirement As per RFP

77 28 Managed Services

during Support and

Maintenance of

group of Integrated

HMS

Managed Services during Support and Maintenance of

group of Integrated HMS - Technical Helpdesk Support

(Incident/ Problem Management)-

Kindly advise on the location for Technical Helpdesk

Support.

We assume the space, power, communication

infrastructure like phones, bandwidth for helpdesk shall be

provided by RISL. Please confirm

As per RFP

78 29 4.3 Scope of Work

4.3.12 Data

Migration

Selected Bidder shall migrate data from existing

database and application (Arogya Online, e-Aushadhi, e-

Upkaran, PCTS, etc.) to new applications and

databases. RISL will make available the data to the

Selected Bidder for migration. Selected Bidder shall

ensure 100% accuracy with de-duplication in the

migrated data

In order to migrate existing databases it’s required that

before loading data on de-duplication activity is performed

and standardization is done. For this it is imperative

thatData Quality tool should be provisioned in the proposed

solution from some OEM or If department is already using

some OEM stack than that stack should be made

available for SI. In case department has solution stack,

request you clarify the name of the stack along with the

current capacity

As per RFP

79 29 4.3.12 Data Migration Kindly advise if the design/schema details of existing data

available with the department. Also, will the users stop

using existing systems, once the IHMS has been deployed.

Otherwise, new data will keep getting added to the existing

applications, which will have to be migrated again.

The design/ schema is part

of the study. The users shall

shift to the application to be

implemented via this RFP.

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80 29 4.3.12 Selected Bidder shall migrate data from existing



databases.

Please clarify, if Migration will be at Centralised location or

distributed at miltiple locations.

Role & responsibilties to be defined for the application

owners for migration

Please set the responsibility of other agencies for carrying

out the integration.

Migration shall be at a

centralised location and is to

be done by the bidder and no

other agency is involved

81 29 4.3.12 4.3.12 Data Migration Data Migration from existing database and application

(Aarogya online, e-Aushadi, e-Upkaran, PCTS etc.) -

scope of data migration? Format of data to be made

available?

Part of the study

82 29 4.3.12 Data

Migration





Selected Bidder for migration.

In case if the data structure of existing applications do not

map with proposed iHMS then will there be provision to

exclude that detail

Yes.

83 29 4.3.12 Data

Migration





Selected Bidder for migration. Selected Bidder shall

ensure 100% accuracy with de-duplication in the

migrated data and in case any correction is identified

by RISL in the migrated data shall be corrected by the

Selected Bidder. DHFW and ME Dept have health

related data in Arogya Online software and e-Aushadhi

which shall be imported by the Selected Bidder to

Integrated HMS application. Size of data to be migrated

from Arogya Online software is around 40 GB and e-

Aushadhi is around 10 GB. Selected Bidder will have to

migrate data from these applications related to modules

that are made Go-Live. Data migration of related

modules is a prerequisite for Go-Live of the respective

modules.

Request to kindly provide the details of Data to be

Migrated for example the existing system and structure of

data.

Part of the study

84 29 4.3.13 Supply of hardware for demonstrating the functionality

of Telemedicine and PACS Solution.

Kindly advise is it necessary to provide the hardware at the

Specialist end

As per RFP

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85 29 4.3.13 4.3.13 Supply of hardware for demonstrating the

functionality of Telemedicine and

PACS Solution

kindly clarify the following :

1.) Who will provide the Server for PACS and Computer for

telemedicine equipment's?

2.) Who is going to provision the bandwidth for

demonstration?

3.) Which radiology equipment is expected to be integrated

for PACS demo?

1) Server for PACS shall be

provided by RISL and

computer at hospital level is

responsibility of M&H Deptt.

2) By RISL at the Server side

and by Hospital at the patient

side 3) To be shared with

selected bidder during the

SRS

86 29 4.3.13 Selected Bidder shall supply & install necessary

hardware for

Telemedicine and PACS Module for functionality testing

& demonstration purposes.

Hardware shall include medical equipment as

mentioned below at the Specialist End and Remote

(Patient) End…

Request RISL to share the total number of locations where

Telemedicine software / hardware needs to be installed

It is software based

telemedicine solution. The

functionality should be

provided in the software to

connect as many number as

possible

87 29 4.3.13 Supply of

hardware for

demonstrating the

functionality of

Telemedicine and

PACS Solution

Supply of hardware for demonstrating the functionality

of Telemedicine and PACS Solution- Selected Bidder

shall supply & install necessary hardware for

Telemedicine and PACS Module for functionality testing

& demonstration purposes.

We understand that selected bidder needs to provide

medical equipment for demonstration of Telemedicine and

PACS functionality.

Other infrastructure like required server and storage,

bandwidth, desktops, Video conferencing equipments,

network equipments shall be provided by RISL. Please

confirm

Server for PACS shall be

provided by RISL and

computer at hospital level is

responsibility of M&H Deptt.

the bandwidth by RISL at the

Server side and by Hospital

at the patient side


4.3.14 Roles and

Responsibilities

We would like to confirm that once developed, iHMS will

be deployed as a cloud native solution in the state data

center, and the bidder(s) are not responsible for individual

deployments at hospitals, PHCs etc. As is common in

cloud native setups, each Hospital, PHC etc. would be

configured in the iHMS and the solution will be available on

the cloud.

Yes


4.3.14 Roles and

Responsibilities

We would like to confirm that the HW, Database and

middleware layers will be provided by the state in the state

data center, per specs / bill of material provided by the

bidder, and the commercials for the same will not be

included in the RFP.

Yes as per RFP

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90 31 4.3.15 Development Stack for the software solution already

available in RSDC

• Database - Oracle 12C with RAC on Exadata

• App Server- IBM Web Sphere, ORACLE Web Logic,

Windows Server

• Mobile App- IBM Worklight

• Forms- Adobe

• CMS- Adobe (AEM) / IBM (WCM)

• DMS- IBM FileNet / Newgen OmniDocs

• Platform- Java / Dotnet

Are you looking for COTS IHMS providers to use the

development stack, mentioned in section 4.3.15, for web

and mobile application that they are going to propose in

response to this RFP?

As per RFP

91 31 4.3.15 4.3.15 Development Stack for the software solution

already available in RSDC

Does the proposed iHMIS have to be developed on this

technology stack only or is the vendor free to select any

other technology for development of iHMIS?

As per RFP

92 31 4.3.15

Development

Stack for the

software solution

already available in

RSDC

Database - Oracle 12C with RAC on Exadata

No Shareware/Freeware allowed to be used

Windows Server

We request RISL to confirm the hardware and software

licenses procurement as per the stack including Database,

Middleware, Forms, CMS, DMS, Platform, OS,

Virtualization etc.) mentioned in RFP for deployment of

iHMS application shall be done by RISL and hosted at

RSDC.

The hardware and software sizing specs/ Bill of material

shall be shared by selected bidder and commercials for the

same need not be included in the bid. Request you to

please confirm

Yes. As per RFP

93 31 4.3.15

Development

Stack for the

software solution


RSDC

Database and Application server software should

complement each other functions and may have

common tool to monitor like Health Check,

Performance Analyzer, Operations Monitoring,

Compliance Management, Patching, Performance

management, administration and auditing etc.

We understand that EMS server and licenses for

monitoring the health, performance of iHMS application

and Database, operations shall be provided by RSDC.

Please confirm.

Yes. As per RFP

94 31 4.3.15

Development

Stack for the

software solution


RSDC

Database - Oracle 12C with RAC on Exadata

No Shareware/Freeware allowed to be used

Windows Server

Can we propose a third party FDA approved PACS

solution?

As per RFP

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95 31 4.3.17 Payment Terms: As per RFP We request department to not hold the payment of Design

and Development part for five years. Kindly release 100%

payment of Design & development at the time of UAT/Go-

live.

This is requested as all the SI's will have challenge in

keeping that not paid amount in their financial books for a

period of five years. Department can also take BG of the

same amount for the contract period in place of witholding

the amount.

As per revised RFP

96 31 Project

Deliverables,

Timelines &

Payment Terms-

As per RFP request payment terms to be revised As per revised RFP

97 31 Section 4.3.15

Development

Stack for the

software solution


RSDC

• Database - Oracle 12C with RAC on Exadata

• App Server- IBM Web Sphere, ORACLE Web Logic,

Windows Server

• Mobile App- IBM Worklight

• Forms- Adobe

• CMS- Adobe (AEM) / IBM (WCM)

• DMS- IBM FileNet / Newgen OmniDocs

• Platform- Java / Dotnet

In the RFP, the requirement says the database to Oracle

as HealthFore Technologies has built the product

completely on Microsoft Stack it would be helpful if the

concerned committee can relax this requirement and

change this to Oracle / MS SQL database.

Limiting to Oracle is restricting the choice for Govt. and will

promote less competition and thereby extra expenditure for

the state's exchequer.

As per RFP

98 32 4.3.17 Project Deliverables, Timelines & Payment Terms- 1st

table

ToT for Modules under Group-1 to Group-3 of phase-1

as defined in section 4.2 of RFP

As per Actuals based on agreed cost of Serial no. 7 of

Financial Bid

We understand that there is a typographical error and it

should read as "As per Actuals based on agreed cost of

Serial no. 9 of Financial Bid". Please confirm.

As per Revised RFP.

99 32 4.3.17 4.3.17 Project Deliverables, Timelines & Payment

Terms

Can the vendor suggest some changes in the grouping of

modules in case of interdependency of certain modules?

As per RFP

100 32 4.3.17 Project

Deliverables,

Timelines &

Payment Terms

13% of the Cost of Design and Development of

Integrated HMS solution as per agreed cost of Serial

No. 1 of Financial Bid. (For Group 1 to Group 3)

1. Please make it total 10% instead 13% of the Cost of

Design and Development for each group.

SI should be allowed to submit Group wise invoices and

payments shall be processed groupwise

As per revised RFP

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101 33 4.3.17 Project

Deliverables,

Timelines &

Payment Terms




Request to consider following provisions for payment

milestones


Design and Development for each group and further

devided into different phases of SDLC.

1. Submission of FRS/SRS - 1%

2. Approval of FRS/SRS - 1%

3. Development & Testing - 1%

4. Beta Version Acceptance & Deployment(without final

UAT for Go Live) - 1%

5. Integration & UAT - 1%



As per revised RFP

102 33 4.3.17 Project

Deliverables,

Timelines &

Payment Terms





Design and Development for each group.



As per revised RFP

103 34 4.3.17 Table 2

Data Migration -As per actuals per MB data migrated as

per Serial No. 6 of Financial Bid.




As per Revised RFP.

104 34 4.3.17 Change Request -Based on actuals as per man month

rates as per Serial No. 5 of Financial Bid.




As per Revised RFP.

105 34 4.3.17 4.3.17 Project Deliverables, Timelines & Payment

Terms

Please clarify on the basis of calculation of per MB of data

migrated - is it per MB of data in existing system or iHMIS?

Please clarify on the MIS report to be generated indicating

amount of data migrated?

The calculation will be as per

the migrated data.

106 34 Art.1.3.17, First

Bullet after the

Table :

It may also be noted that the time schedule for each

milestone shown in the table above would be enforced

independently. Any delay in the approval of

thedeliverable(s) submitted by the Selected Bidder

toRISL/ M&H Dept / ME Dept shall not account for the

delay on Selected Bidder’s part.

We propose substitution of “shall be offset against” for the

words “shall not account for” to bring out the intent more

clearly.

As per RFP

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107 37 EMD The Bid security taken from a bidder shall be forfeited,

including the interest, if

any, in the following cases, namely: -

i. when the bidder withdraws or modifies its bid after

opening of bids;

ii. when the bidder does not execute the agreement, if

any, after placement of

supply/ work order within the specified period;

iii. when the bidder fails to commence the supply of the

goods or service or

execute work as per supply/ work order within the time

specified;

iv. when the bidder does not deposit the performance

security within specified

period after the supply/ work order is placed; and

v. if the bidder breaches any provision of code of

integrity, prescribed for

bidders, specified in the bidding document.

The Bid security taken from a bidder shall be forfeited,

including the interest, if

any, in the following cases, namely: -

i. when the bidder withdraws or modifies its bid after

opening of bids due to reasons solely attributable to the

Bidder;

ii. when the bidder does not execute the agreement, if any,

after placement of

supply/ work order within the specified period, due to

reasons solely attributable to the Bidder;

iii. when the bidder fails to commence the supply of the

goods or service or

execute work as per supply/ work order within the time

specified, due to reasons solely attributable to the Bidder;

iv. when the bidder does not deposit the performance

security within specified

period after the supply/ work order is placed, due to

reasons solely attributable to the Bidder; and

v. if the bidder breaches any provision of code of integrity,

prescribed for


As per RFP

108 40 5. INSTRUCTION

TO BIDDERS

(ITB) & BIDDING

PROCESS

Point 12: Selection

Method

Selection Method- Bidder would be selected on the

basis of Least Cost Based Selection Method (LCBS) i.e.

L1 method as specified in “Financial Evaluation Criteria”

of clause titled “Evaluation & Tabulation of Financial

Bids”, wherein an eligible bidder with adequate

technical competence and the most competitive (lowest

or L1) rates / quote would be selected for the

implementation of the project.

Given the complexity of integrating the various

components, we request that a QCBS bid structure be

considered, using the same technical criteria framework in

the RFP, along with the financial evaluation, in a typical

70/30 scoring mechanism i.e. QCBS bid structure of 70%

weightage to Technical Bid and 30% weightage to

Commercial/Financial Bid.

As per RFP

109 41 14 e) 2. Technical Proposal, Presentation and Functional

Demonstration

How will the marks for functional demonstration be

evaluated for vendors who are proposing grounds up

development of IHMIS solution?

As per RFP

110 41 14. Evaluation &

Tabulation of

Technical Bids

Average Turnover of the bidder/ lead bidder in last three

financial years (2013-14 to 2015-16) from IT/ ITeS (incl.

design, development and deployment of software

services)

• >=100 Cr : 10 Marks

• >=80 Cr and <100 Cr : 09 Marks

• >=60 Cr and < 80 Cr : 08 Marks

• >=40 Cr and < 60 Cr : 07 Marks

Request to reduce turnover criteria or add one more

clause as below:

As per RFP

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Tabulation of

Technical Bids

Item (e) Technical

Qualification

Criteria (TQ)

Relevant

Experience

Average Turnover of the bidder/ lead bidder in last three

financial years (2013-14 to 2015-16) from IT/ ITeS (incl.

design, development and deployment of software

services)

• >=100 Cr : 10 Marks

• >=80 Cr and <100 Cr : 09 Marks

• >=60 Cr and < 80 Cr : 08 Marks

• >=40 Cr and < 60 Cr : 07 Marks

A) Requesting you to start the Turnover limit from 20

Crores

B) Request to reduce turnover criteria or add one more

clause as below:

As per RFP


Tabulation of

Technical Bids







2012 to 31st Dec. 2016). Each project should be of

value of Rs. 4 Cr. or higher.

• >= 3 similar projects : 20 Marks

• 2 similar projects : 15 Marks

• 1 similar project : 10 Marks

Request to accept e-Governance Projects under any

domain as experience.

As per RFP


Tabulation of

Technical Bids




• CMMI Level 5 : 10 Marks


Request to change this clause as below:

CMM level or ISO Certifications

• ISO 9001:2015

• ISO 20000-1:2011

• ISO 27001:2013

As per RFP


Tabulation of

Technical Bids

Item (e) Technical

Qualification

Criteria (TQ)

Relevant

Experience






Requesting you to modify this Clause as CMMI Level 3 Or

ISO 9001-2008 Certificate

As per RFP

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115 43 Clause 15 :

Evaluation &

Tabulation of

Financial Bids

Item (d)

Conditional Bids are liable to be rejected We request to please reconsider and allow deviations in

the commercial assumptions

As per RFP

116 46 Chapter 5 Item 17

17. Comparison of

rates of firms

outside and those

in Rajasthan

While tabulating the financial Bids of those firms which

are not entitled to price preference, the element of

Rajasthan Value Added Tax (RVAT) shall be excluded

from the rates quoted by the firms of Rajasthan and the

element of Central Sales Tax (CST) shall be included in

the rates of firms from outside Rajasthan for financial

bid evaluation purpose.

Firms from Rajasthan seems to have a cost advantage

because of exclusion of RVAT for such companies, but

inclusion of CST for those companies from outside

Rajasthan. Kindly advise

As per RFP

117 46 Clause 15 :

Evaluation &

Tabulation of

Financial Bids

a) The evaluation shall include all costs and all taxes

and duties applicable to the bidder as per law of the

Central/ State Government/ Local Authorities, and the

evaluation

criteria specified in the bidding documents shall only be

applied;

We request to modify the clause to the following -" Prices

shall be exclusive of all taxes. Customer shall pay all taxes

as applicable by law on actuals"

We request to please reconsider and allow deviations in

the commercial assumptions

Firms from Rajasthan seems to have a cost advantage

because of exclusion of RVAT for such companies, but

inclusion of CST for those companies from outside

Rajasthan. Kindly advise

As per RFP.

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118 49 25. Right to vary

qunatities

a) If the procuring entity does not procure any subject

matter of procurement or procures less than the

quantity specified in the bidding documents due to

change in circumstances, the bidder shall not be

entitled for any claim or compensation.

b) Repeat orders for extra items or additional quantities

may be placed on the rates and conditions given in the

contract (if the original order was given after inviting

open competitive Bids). Delivery or completion period

may also be proportionately increased. The limits of

repeat order shall be as under: -

1) 50% of the quantity of the individual items and 50%

of the value of original contract in case of works; and

2) 50% of the value of goods or services of the original

contract.


matter of procurement or procures less than the quantity

specified in the bidding documents due to change in

circumstances, the bidder shall not be entitled for any

claim or compensation.


may be placed on the rates and conditions given in the

contract provided that the period is not more than six

month from the date of agreement. Delivery or completion

period may also be proportionately increased. The limits of

repeat order shall be as under: -

1) 50% of the quantity of the individual items and 50% of

the value of original contract in case of works; and

2) 50% of the value of goods or services of the original

contract.

These changes were accepted by RISL finance team and

department in SDC expansion rfp (refer rfp number # F4.9

(213)/RISL/Tech/MISC/2014/11176 dated 02.03.2015)

after multiple deliberations.

Request you to amend the clause in the rfp. Above given

clause is taken from the SDC expansion rfp.

As per RFP.

119 49 Clause 25 : Right

to vary quantity

Item (a)

If the procuring entity does not procure any subject

matter of procurement or procures less than the

quantity specified in the bidding documents due to


entitled for any claim or compensation.

We propose "If the procuring entity does not procure any

subject matter of procurement or procures less than the

quantity specified in the bidding documents due to change

in circumstances, the bidder shall be entitled to claim

compensation against the investment made as per original

quantity". Request you to please consider this modified

clause.

As per RFP.

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120 49 Right to vary

quantity


matter of procurement or

procures less than the quantity specified in the bidding

documents due to


entitled for any claim or

compensation.


may be placed on the rates

and conditions given in the contract. Delivery or

completion period may also be

proportionately increased. The limits of repeat order

shall be as under: -

i. 50% of the quantity of the individual items and 50% of

the value of original

contract in case of works; and

ii. 50% of the value of goods or services of the original

contract.

Request variation to be limited to +/- 10% of the agreed

services/deliverables

As per RFP

121 51 27.a) Execution of

Agreement

A procurement contract shall come into force from the

date on which the letter of acceptance or letter of intent

is despatched to the bidder.

Request to amend the exisitng clause as below:

A procurement contract shall come into force from the date

on which the agreement is signed.

This clause was also present in the RISL other rfp's like

Big Data, Oracle Exadata, IBM PureApp, E-Sanchaar etc..

As per revised RFP

122 51 Forfeiture of

performance

security

Forfeiture of Security Deposit: Security amount in full or

part may be forfeited,

including interest, if any, in the following cases:-

i. When any terms and condition of the contract is

breached.

ii. When the bidder fails to make complete supply

satisfactorily.

iii. if the bidder breaches any provision of code of

integrity, prescribed for



part may be forfeited, including interest, if any, in the

following cases, provided, however, that such reasons are

solely attributable to the bidder:-


breached.


satisfactorily.

iii. if the bidder breaches any provision of code of integrity,

prescribed for


As per RFP

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123 56 Debarment from

Bidding

Where the entire bid security or the entire performance

security or any substitute

thereof, as the case may be, of a bidder has been

forfeited by a procuring entity

in respect of any procurement process or procurement

contract, the bidder may

be debarred from participating in any procurement

process undertaken by the

procuring entity for a period not exceeding three years.

Where the entire bid security or the entire performance

security or any substitute

thereof, as the case may be, of a bidder has been forfeited

by a procuring entity

in respect of any procurement process or procurement

contract, the bidder may

be debarred from participating in any procurement process

undertaken by the

procuring entity for a period not exceeding three years.

As per RFP

124 58 Clause 6: TERMS

AND

CONDITIONS, OF

TENDER &

CONTRACT

Def.: Services

“Services” means the services to be delivered by the

successful bidder and as required to run the project

successfully as per the contract. A service is the

intangible equivalent of an economic good.

“Services” means the services to be delivered by the

successful bidder as per the contract. A service is the

intangible equivalent of an economic good.

As per RFP.

125 60 6. TERMS AND

CONDITIONS, OF

TENDER &

CONTRACT

Point 4:

Consortium

Consortium- Two member Consortium consisting of

one lead bidder and one member is allowed.

Since the solution involves multiple important components,

we request that the number of members in the consortium

be increased to 4 (System Integrator, HMIS/EHR/PACS,

Telemedicine and mHealth Apps/Portals).

As per RFP

126 60 Clause 6 (5)

(a):Eligible

Services, Goods

and Related

Services

For purposes of this Clause, the term “services”

includes the services to be delivered by the Selected

Bidder as per scope of work and required to run the

project successfully…

For purposes of this Clause, the term “services” includes

the services to be delivered by the Selected Bidder as per

scope of work agreed between both the parties.

As per RFP.

127 61 Clause 9 : Delivery

& Installation

Item (d)

Shifting the place of Installation: The user will be free to

shift the place of installation within the same city /town/

district/ division. The successful / Selected Bidder shall

provide all assistance, except transportation, in shifting

of the equipment. However, if the city/town is changed,

additional charges of assistance in shifting and

providing maintenance services for remaining period

would be decided mutually.

We propose even within the same city, charges of

assistance in shifting and providing maintenance services

for remaining period should be decided mutually. Request

you to please consider.

As per RFP.

128 61 Sec. 9(b) :

“Purchaser’s

satisfaction”

The Contract for the supply can be repudiated at any

time by the Purchase Officer, if the supplies are not

made to his satisfaction after giving an opportunity to

the Selected Bidder of being heard and recording the

reasons for repudiation.

To avoid subjectivity we request that the condition to

measure Purchasers Satisfaction should be that the

supplies should conform to the Acceptance Criteria

determined as prior mutual agreement between the

parties.

As per RFP.

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129 62 13.Recoveries

from Supplier/

Selected Bidder

b) Amount may also be withheld to the extent of short

supply and rejected articles and in case of failure in

satisfactory replacement by the supplier along with

amount of liquidated damages shall be recovered from

his dues and security deposit available with RISL.

b) Amount may also be withheld to the extent of short

supply and rejected articles and in case of failure in

satisfactory replacement by the supplier along with amount

of liquidated damages shall be recovered from his dues

and security deposit available under this contract with

tendering authority.


department in SDC expansion rfp (refer rfp number # F4.9

(213)/RISL/Tech/MISC/2014/11176 dated 02.03.2015)

after multiple deliberations.


clause is taken from the SDC expansion rfp.

As per revised RFP.

130 62 14. Taxes & Duties

Item (a)

The TDS, Raj-VAT, Service Tax etc., if applicable, shall

be deducted at source/ paid by RISL as per prevailing

rates. All other taxes, duties, license fee and levies

including Central Sales Tax and Entry Tax shall be

included in the bid price.

Request that the bid is exclusive of taxes as we are

anticipating gross overhaul of taxation system with the

implementation of GST.

Also, Taxes as per GST as and when implementated

should be acknowledged and accordingly SI should be

allowed to raise comprehensive invoice along with delivery

of Goods/Licenses.

As per RFP.

131 62 6. TERMS AND

CONDITIONS, OF

TENDER &

CONTRACT

Point 15:

Copyright/

Intellectual

Property Rights

(IPR)

Copyright/ Intellectual Property Rights (IPR)- The

copyright/ IPR in all drawings, source code design

documents, and other materials containing data and

information furnished to the Purchaser that has been

developed/ customized by the Selected Bidder for the

project herein shall remain vested in the Purchaser, or,

if they are furnished to the Purchaser directly or through

the Supplier/ Selected Bidder by any third party,

including suppliers of materials, the copyright in such

materials shall remain vested in such third party.

Given the various components involved in truly developing

an integrated health management system, and the

aggressive timelines proposed, we would like to bring

together partners with the best capability mix. A majority of

these partners would have COTS solutions which would

then be customized and integrated into iHMS. In this

context, we request consideration and clarification on the

following:

a. We suggest that intellectual property in the proposed

COTS products will not have to be transferred to the

Government of Rajasthan. Following traditional industry

practice, we suggest that “Code Escrow” be used as a

mechanism to protect the interests of the Government of

Rajasthan. Request your confirmation please.

As per RFP.

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132 62 Clause 14 : Taxes

& Duties

Taxes & Duties

a)The TDS, Raj-VAT, Service Tax etc., if applicable,

shall be deducted at source/ paid by RISL as per

prevailing rates. All other taxes, duties, license fee and

levies including Central Sales Tax and Entry Tax shall

be included in the bid price.

b) For goods supplied from outside India, the

successful/ Selected Bidder shall be entirely

responsible for all taxes, stamp duties, license fees,

and other such levies imposed outside the country.

c) For goods supplied from within India, the successful/

Selected Bidder shall be entirely responsible for all

taxes, duties, license fees, etc., incurred until delivery of

the contracted Goods to the Purchaser.

We request to modify the clause to the following -" Prices

shall be exclusive of all taxes. Customer shall pay all taxes

as applicable by law on actuals". Request you to please

consider.

As per revised RFP

133 62 Clause 6 (14)

Taxes and Duties

a) The TDS, Raj-VAT, Service Tax etc., if applicable,





b) For goods supplied from outside India, the

successful/ Selected Bidder shall be entirely

responsible for all taxes, stamp duties, license fees,

and other such levies imposed outside the country.

c) For goods supplied from within India, the successful/

Selected Bidder shall be entirely responsible for all

taxes, duties, license fees, etc., incurred until delivery of

the contracted Goods to the Purchaser.

a) The TDS, if applicable, shall be deducted at source by

RISL as per prevailing rates. The Bid Price is exclusive of

the Raj-VAT, Service Tax, and all other taxes, duties,

license fee and levies including Central Sales Tax and

Entry Tax or taxes of a similar nature measured by the

services, deliverables or charges thereon, imposed by any

applicable taxing jurisdiction and where such taxes are

applicable, Purchaser shall be responsible to pay or

reimburse Bidder the amount of such taxes. Where

applicable, Bidder shall invoice such taxes as a separate

line item in applicable invoices and shall pay such amount

of tax to the appropriate taxing authority upon receipt of

such amount from the Purchaser. Each party is

responsible for its own income taxes, corporate taxes and

franchise taxes. The Price should not be linked to the

foreign exchange or any other variable.

Bidder shall be reimbursed for payment of any statutory

duty/tax/levy including interest and/or new taxes or an

increase in the rates of existing taxes or any other sum, if

any payable in respect of any sales tax and/or any other

state or central levy. This will apply retrospectively, if so

applicable upon Bidder.

As per RFP.

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134 62 Clause 6 (15):

Copyright/IPR

The copyright/ IPR in all drawings, source code design

documents, and other materials containing data and

information furnished to the Purchaser that has been

developed/ customized by the Selected Bidder for the

project herein shall remain vested in the Purchaser, or,

if they are furnished to the Purchaser directly or through

the Supplier/ Selected Bidder by any third party,

including suppliers of materials, the copyright in such

materials shall remain vested in such third party.

All intellectual property rights in the software, all tools,

processes, software, utilities and methodology including

any Bidder proprietary products or components thereof any

development carried out by Bidder thereto in the course of

providing services hereunder, including customisation,

enhancement, interface development etc. shall remain the

exclusive property of Bidder and the purchaser shall not

acquire any right title or interest of any nature therein

except to the extent provided herein. Bidder shall however

grant in favour of the Purchaser the right and non

exclusive, non transferable, perpetual and irrevocable

license to use the software for the purposes agreed

hereunder.

Similarly all the Intellectual Property Rights (IPR) in the

third party software used in providing services including

those forming part of or incorporated into the deliverables

shall remain with the respective third party owners/

Bidder’s licensor and Purchaser shall have user rights in

accordance with end user license agreement (EULA) as

applicable to use of such software.

As per RFP.

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135 62 Copyright/

Intellectual

Property Rights

(IPR)

The copyright/ IPR in all drawings,

source code design documents, and other materials

containing data and information

furnished to the Purchaser that has been developed/

customized by the Selected

Bidder for the project herein shall remain vested in the

Purchaser, or, if they are

furnished to the Purchaser directly or through the

Supplier/ Selected Bidder by any

third party, including suppliers of materials, the

copyright in such materials shall

remain vested in such third party

The copyright/ IPR in all drawings,

source code design documents, and other materials

containing data and information

furnished to the Purchaser that has been developed/

customized by the Selected

Bidder for the project herein shall remain vested in the

Purchaser, or, if they are

furnished to the Purchaser directly or through the Supplier/

Selected Bidder by any

third party, including suppliers of materials, the copyright in

such materials shall

remain vested in such third party

No intellectual property rights of any nature shall be

transferred from one party to the other in the course of

performing any obligations or otherwise under this

agreement. For the avoidance of doubt, Bidder may use

certain tools, processes or methodologies of its own in

performing the Services. Ownership of all intellectual

property rights and any other rights in these shall vest with

Bidder, and no rights shall be deemed to have accrued to

the Customer.

As per RFP

136 62 Sec. 14 : Taxes &

Duties

a) The TDS, Raj-VAT, Service Tax etc., if applicable,





Since GST is round the corner we request that Taxes &

Duties should be over and above the bid price, just as

deduction on account of TDS, etc are based on the

prevailing law at that time.

As per RFP.

137 63 Clause 16 -

Confidential

Information:

Item 16(d)

The obligation of a party under sub-clauses above,

however, shall not apply to information that...

We propose addition of a sub-para (v) : “can be proven to

have been independently developed by the receiving party”

As per RFP.

138 63 Clause 16 -

Confidential

Information:

Item 16(f)

The provisions of this clause shall survive completion or

termination, for whatever reason, of the Contract.

We propose a cap on the survival period of 2 years against

the indefinite period mentioned

As per RFP.

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139 63 Clause 6 (17): Sub-

Contracting

Item (a)

a) Unless otherwise specified in the Contract, the

Selected Bidder shall not assign or sub-let his contract

or any substantial part thereof to any other agency

without the permission of Purchaser/ Tendering

Authority.

Unless otherwise specified in the Contract, the Selected

Bidder shall not assign or sub-let his contract or any

substantial part thereof to any other agency without the

permission of Purchaser/ Tendering Authority, which shall

not be unreasonably withheld by the Purchaser.

As per RFP.

140 63 Confidential

Information


termination, for whatever reason, of the Contract.


termination, for whatever reason, of the Contract for a

period of two years.

As per RFP

141 64 Sec. 18:

Specifications &

Standards

We propose addition of a sub-para (f) to include standard

warranty disclaimer against merchantability and fitness for

purpose.

As per RFP.

142 65 Rejection

a)Articles not approved during inspection or testing

shall be rejected and will haveto be replaced by the

Selected Bidder at his own cost within the time fixed by

the Purchase Officer.

b) If, however, due to exigencies of RISL work, such

replacement either in whole or in part, is not considered

feasible, the Purchase Officer after giving an

opportunity to the Selected Bidder of being heard shall

for reasons to be recorded, deduct a suitable amount

from the approved rates. The deduction so made shall

be final.

c) The rejected articles shall be removed by the

Selected Bidder within 15 days of

intimation of rejection, after which Purchase Officer

shall not be responsible for

any loss, shortage or damage and shall have the right

to dispose of such articles

a)Articles not approved during inspection or testing shall

be rejected and will haveto be replaced by the Selected

Bidder at his own cost within the time fixed by the

Purchase Officer.

b) If, however, due to exigencies of RISL work, such

replacement either in whole or in part, is not considered

feasible, the Purchase Officer after giving an opportunity to

the Selected Bidder of being heard shall for reasons to be

recorded, deduct a suitable amount from the approved

rates. The deduction so made shall be final.

c) The rejected articles shall be removed by the Selected

Bidder within 15 days of

intimation of rejection, after which Purchase Officer shall

not be responsible for

any loss, shortage or damage and shall have the right to

dispose of such articles

As per RFP

143 66 25 (a) Except as provided under clause “Force Majeure”, if the

Supplier/ Selected Bidder fails to deliver any or all of the

Services or Goods or perform the Related Services

within the period specified in the Contract, the

Purchaser may without

prejudice to all its other remedies under the Contract,

deduct from the Contract Price, as liquidated damages,

a sum equivalent to the percentage specified in (d)

below for each week or part thereof of delay until actual

delivery or performance, up to a maximum deduction of

the percentage specified in the bidding document and/

or contract.

Point no 25 (a) of general terms and conditions talks about

liquidated damages, a sum equivalent of the percentage

specified in (d) for each week of delay. Whereas 25 (d)

does not have such details. Although 25 (j) gives details of

liquidated damages applicable on delays. We request

RISL to confirm the exact section applicable for calculating

the liquidated damages on delay of delivery of goods and /

or services by the supplier

As per RFP.

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144 67 25 The maximum amount of liquidated damages shall be

10%.

Kindly amend the existing clause as below:-

The maximum amount of agreed liquidated damages shall

be 10% of total value of the items to be supplied in the

particular phase.


department in E-Sanchaar 2.0 rfp (refer rfp number #

F4.3(177)/RISL/Tech/16/10152 dated 14.03.2017) after

multiple deliberations.

Request you to add this clause in the rfp. Above given

clause is taken from the E-Sanchaar rfp.

As per revised RFP

145 68 27. Warranty The Selected Bidder must supply all items (Software

and 3rd party products like CMS / DMS (if any), Work

Flow Management (if any) with comprehensive on-site

OEM warranty valid for the period as specified in this

RFP after the goods or services, or any portion thereof

as the case may be, have been delivered to, installed

and accepted at the final destination(s) indicated in the

bidding document.

We understand that software licenses procurement and

OEM warranty and support is not in scope of bidder.

Please confirm

As per RFP.

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146 68 Clause 6 (27):

Warranty

a) The Selected Bidder must supply all items (Software

and 3rd party products like CMS / DMS (if any), Work

Flow Management (if any) with comprehensive on-site

OEM warranty valid for the period as specified in this

RFP after the goods or services, or any portion thereof

as the case may be, have been delivered to, installed

and accepted at the final destination(s) indicated in the

bidding document. However, if delay of installation is

more than a month’s time due to the reasons ascribed

to the Selected Bidder, the warranty shall start from the

date of last successful installation of the items covered

under the PO.

b) At the time of goods or services delivery, the

Selected Bidder shall submit a certificate/ undertaking

from all the respective OEMs mentioning the fact that

the goods or services supplied are covered under

comprehensive warranty & support for the prescribed

period.

c) The purchaser shall give a written notice to the

Selected Bidder stating the nature of any defect

together with all available evidence thereof, promptly

following the discovery thereof. The purchaser shall

afford all reasonable opportunity for the Selected Bidder

to inspect such defects. Upon receipt of such notice,

the Selected Bidder shall expeditiously cause to repair

the defective goods or parts thereof or replace the

defective goods or parts thereof with brand new

genuine/ authentic ones having similar or higher

specifications from the respective OEM, at no cost to

the Purchaser. Any goods repaired or replaced by the

Selected Bidder shall be delivered at the respective

location without any additional costs to the purchaser.

d) If having been notified, the Selected Bidder fails to

a) The Selected Bidder must supply all items (Software

and 3rd party products like CMS / DMS (if any), Work Flow

Management (if any) with comprehensive on-site OEM

warranty valid for 3 months after the goods or services, or

any portion thereof as the case may be, have been

delivered to, installed and accepted at the final

destination(s) indicated in the bidding document.

b) At the time of goods or services delivery, the Selected

Bidder shall submit a certificate/ undertaking from all the

respective OEMs mentioning the fact that the goods or

services supplied are covered under comprehensive

warranty & support for 3 months period.

c) The purchaser shall give a written notice to the Selected

Bidder stating the nature of any defect together with all

available evidence thereof, promptly following the

discovery thereof. The purchaser shall afford all

reasonable opportunity for the Selected Bidder to inspect

such defects.

Under this warranty, Upon receipt of such notice, Selected

Bidder shall remove the ‘defect’ in the deliverables. The

scope of the warranty shall be limited only to correction of

any bugs that were left undetected during acceptance

testing by Purchaser. Warranty shall not cover any

enhancements or changes in the application software,

carried out after acceptance testing. This warranty is only

valid for defects against approved specifications. The

above mentioned warranty shall also not apply if there is

any (i) combination, operation, or use of some or all of the

deliverables or any modification thereof furnished

hereunder with information, software, specifications,

instructions, data, or materials not approved by Selected

As per RFP.

147 68 Warranty If having been notified, the Selected Bidder fails to

remedy the defect within the

period specified, the purchaser may proceed to take

within a reasonable period

such remedial action as may be necessary, in addition

to other recourses

available in terms and conditions of the contract and

bidding document.

If having been notified, the Selected Bidder fails to remedy

the defect within the

period specified, the purchaser may proceed to take within

a reasonable period

such remedial action as may be necessary, in addition to

other recourses

available in terms and conditions of the contract and

bidding document.

As per RFP

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148 69 Clause 29 :

Limitation Of

Liability

Except in cases of gross negligence or willful

misconduct:

a) neither party shall be liable to the other party for any

indirect or consequential loss or damage, loss of use,

loss of production, or loss of profits or interest costs,

provided that this exclusion shall not apply to any

obligation of the Supplier/ Selected Bidder to pay

liquidated damages to the Purchaser; and

b) the aggregate liability of the Supplier/ Selected

Bidder to the Purchaser, whether under the Contract, in

tort, or otherwise, shall not exceed the amount specified

in the Contract, provided that this limitation shall not

apply to the cost of repairing or replacing defective

equipment, or to any obligation of the Supplier/ Selected

Bidder to indemnify the Purchaser with respect to

patent infringement.

We suggest: In no event shall either party be liable for any

indirect, incidental, consequential, special or punitive loss

or damage including but not limited to loss of profits or

revenue, loss of data, even if the party shall have been

advised of the possibility thereof. In any case, the

aggregate liability of the bidder, whatsoever and

howsoever

arising, whether under the contract, tort or other legal

theory, shall not exceed the total charges received as per

the Contract, as of the date such liability arose, from the

Purchaser, with respect to the goods or services supplied

under this Agreement, which gives rise to the liability.

As per RFP.

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149 69 Clause 6 (27):

Patent Indemnity

a) The Supplier / Selected Bidder shall, subject to the

Purchaser’s compliance with sub-clause (b) below,

indemnify and hold harmless the Purchaser and its

employees and officers from and against any and all

suits, actions or administrative proceedings, claims,

demands, losses, damages, costs, and expenses of

any nature, including attorney’s fees and expenses,

which the Purchaser may suffer as a result of any

infringement or alleged infringement of any patent, utility

model, registered design, trademark, copyright, or other

intellectual property right registered or otherwise

existing at the date of the Contract by reason of: -

i. the installation of the Goods/ delivery of service by the

Supplier/ Selected Bidder or the use of the Goods/

services in the country where the Site is located; and

ii. the sale in any country of the products produced by

the Goods.

Such indemnity shall not cover any use of the Goods or

any part thereof other than for the purpose indicated by

or to be reasonably inferred from the Contract,

neither any infringement resulting from the use of the

Goods or any part thereof, or any products produced

thereby in association or combination with any other

equipment, plant, or materials not supplied by the

Supplier/ Selected Bidder, pursuant to the Contract.

b) If any proceedings are brought or any claim is made

against the Purchaser arising out of the matters

referred to above, the Purchaser shall promptly give the

Supplier/ Selected Bidder a notice thereof, and the

Supplier/ Selected Bidder may at its own expense and

in the Purchaser’s name conduct such proceedings or

a) The Supplier / Selected Bidder shall, subject to the

Purchaser’s compliance with sub-clause (b) below,

indemnify and hold harmless the Purchaser and its

employees and officers from and against any and all suits,

actions or administrative proceedings, claims, demands,

losses, damages, costs, and expenses of any nature,

including attorney’s fees and expenses, which the

Purchaser may suffer as a result of any infringement f any

patent, utility model, registered design, trademark,

copyright, or other intellectual property right registered or

otherwise existing at the date of the Contract by reason of: -

i. the installation of the Goods/ delivery of service by the

Supplier/ Selected Bidder or the use of the Goods/

services in the country where the Site is located; and

Such indemnity shall not cover any use of the Goods or

any part thereof other than for the purpose indicated by or

to be reasonably inferred from the Contract, neither any

infringement resulting from the use of the Goods or any

part thereof, or any products produced thereby in

association or combination with any other equipment,

plant, or materials not supplied by the Supplier/ Selected

Bidder, pursuant to the Contract.

b) If any proceedings are brought or any claim is made

against the Purchaser arising out of the matters referred to

above, the Purchaser shall promptly give the Supplier/

Selected Bidder a notice thereof, and the Supplier/

Selected Bidder in the Purchaser’s name conduct such

proceedings or claim and any negotiations for the

settlement of any such proceedings or claim.

c) If the Supplier/ Selected Bidder fails to notify the

As per RFP.

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150 69 Patent indemnity As per RFP Request indemnification to be restricted to third party

claims only.

Request to add the following,

"Bidder shall not have any liability to Customer under this

Section to the extent that any infringement or claim thereof

is attributable to: (1) the combination, operation or use of

a Deliverable with equipment or software supplied by

Customer where the Deliverable would not itself be

infringing; (2) compliance with designs, specifications or

instructions provided by Customer; (3) use of a

Deliverable in an application or environment for which it

was not designed or contemplated under this Agreement;

or (4) modifications of a Deliverable by anyone other than

Bidder where the unmodified version of the Deliverable

would not have been infringing.

Bidder will completely satisfy its obligations hereunder if,

after receiving notice of a claim, Bidder obtains for

Customer the right to continue using such Deliverables as

provided without infringement, or replace or modify such

Deliverables so that they become non-infringing."

As per RFP

151 69 Sec. 28 : Patent

Indemnity

The sole and exclusive remedy for Purchaser in case of

successful claim by third party for infringement of its IPR

shall be getting at the discretion of Bidder, (i) getting the

claimant consent to continued use of the Product, failing

which (ii) modifying the product so that it is no longer

infringing, failing which (iii) refund the consideration

received against the infringing product , less depreciation

as per GAPP if it has been used for one year or more. All

these, are provided the control of the defence is entirely

left to Bidder and purchaser does not do anything which

would cause prejudice or detriment to Bidder’s interests.

As per RFP.

152 70 Clause 31 : Force

Majeure

We propose to add " In case of force majeure bidder shall

be compensated for the goods delivered and services

rendered before the force Majeure event". Request you to

please consider.

As per RFP.

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153 70 Clause 6(29):

Change in Laws

and Regulations

Unless otherwise specified in the Contract, if after the

date of the Invitation for Bids, any law, regulation,

ordinance, order or bylaw having the force of law is

enacted, promulgated, abrogated, or changed in

Rajasthan/ India, where the Site is located (which shall

be deemed to include any change in interpretation or

application by the competent authorities) that

subsequently affects the Delivery Date and/ or the

Contract Price, then such Delivery Date and/ or

Contract Price shall be correspondingly increased or

decreased, to the extent that the Supplier has thereby

been affected in the performance of any of its

obligations under the Contract. Notwithstanding the

foregoing, such additional or reduced cost shall not be

separately paid or credited if the same has already

been accounted for in the price adjustment provisions

where applicable.

If after the date of the Invitation for Bids, any law,

regulation, ordinance, order or bylaw having the force of

law is enacted, promulgated, abrogated, or changed in

Rajasthan/India, where the Site is located (which shall be

deemed to include any change in interpretation or

application by the competent authorities) that subsequently

affects the Delivery Date and/ or the Contract Price, then

such Delivery Date and/ or Contract Price shall be

correspondingly increased or decreased, to the extent that

the Supplier has thereby been affected in the performance

of any of its obligations under the Contract.

As per RFP.

154 70 Clause 6(31):

Force Majeure

b) For purposes of this Clause, “Force Majeure” means

an event or situation beyond the control of the Supplier/

Selected Bidder that is not foreseeable, is unavoidable,

and its origin is not due to negligence or lack of care on

the part of the Supplier/ Selected Bidder. Such events

may include, but not be limited to, acts of the Purchaser

in its sovereign capacity, wars or revolutions, fires,

floods, epidemics, quarantine restrictions, and freight

embargoes.

d) If the performance in whole or part or any obligation

under the contract is prevented or delayed by any

reason of Force Majeure for a period exceeding 60

days, either party at its option may terminate the

contract without any financial repercussion on either

side.

b) For purposes of this Clause, “Force Majeure” means an

event or situation beyond the control of the Supplier/

Selected Bidder that is not foreseeable, is unavoidable,

and its origin is not due to negligence or lack of care on the

part of the Supplier/ Selected Bidder. Such events may

include, but not be limited to, act of God, acts of the

Purchaser in its sovereign capacity, wars or revolutions,

fires, floods, explosions, epidemics, quarantine restrictions,

action or request of governmental authority, accident,

labour trouble and freight embargoes.

d) If the performance in whole or part or any obligation

under the contract is prevented or delayed by any reason

of Force Majeure for a period exceeding 30 days, either

party may at any time thereafter while such performance

continues to be excused, at its option terminate the

contract without any financial repercussion on either side

by notice in writing to the other party. However, Bidder

shall be entitled to receive payments for all services

rendered by it under this Contract.

As per RFP.

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155 70 Limitation of

Liability


misconduct: -


indirect or consequential

loss or damage, loss of use, loss of production, or loss

of profits or interest costs,


obligation of the Supplier/

Selected Bidder to pay liquidated damages to the

Purchaser; and




inthe Contract, provided that this limitation shall not





Except in cases of gross negligence or willful misconduct: -

a) nNeither party shall be liable to the other party for any

indirect or consequential

loss or damage, loss of use, loss of production, or loss of

profits or interest costs,

provided that this exclusion shall not apply to any obligation

of the Supplier/

Selected Bidder to pay liquidated damages to the

Purchaser; and

b) the aggregate liability of the Supplier/ Selected Bidder to

the Purchaser, whether under the Contract, in tort, or

otherwise, shall not exceed 25% of the annual amount

specified in the Contract, provided that this limitation shall

not apply to the cost of repairing or replacing defective


Bidder to indemnify the Purchaser with respect to patent

infringement.

As per RFP

156 71 Change orders

and contract

amendments

As per RFP Request deletion of this clause and the following to the

inserted in place,

"Either party may request a change order (“Change

Order”) in the event of actual or anticipated change(s) to

the agreed scope, Services, Deliverables, schedule, or any

other aspect of the Statement of Work/Purchase Order.

Wipro will prepare a Change Order reflecting the proposed

changes, including the impact on the Deliverables,

schedule, and fee. In the absence of a signed Change

Order, Wipro shall not be bound to perform any additional

services."

As per RFP

157 71 Termination for

Default

The procuring authority may, without prejudice to any

other remedy for breach of contract, by a written notice

of default of at least 30 days sent to the supplier/

selected bidder, terminate the contract in whole or in

part:

The procuring authority may, without prejudice to any

other remedy for breach of contract, by a written notice of

default and a cure period of at least 30 days sent to the

supplier/ selected bidder, terminate the contract in whole or

in part:

As per RFP

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Default

The tender sanctioning authority of RISL may, without

prejudice to any other

remedy for breach of contract, by a written notice of

default of at least 30 days

sent to the supplier / Selected Bidder, terminate the

contract in whole or in

part: -

a. If the supplier / Selected Bidder fails to deliver any or

all quantities of the

service within the time period specified in the contract,

or any extension

thereof granted by RISL; or

b. If the supplier / Selected Bidder fails to perform any

other obligation under

the contract within the specified period of delivery of

service or any

extension granted thereof; or

c. If the supplier / Selected Bidder, in the judgment of

the Procuring Authority

has engaged in corrupt, fraudulent, collusive, or

coercive practices in

competing for or in executing the contract.

d. If the supplier / Selected Bidder commits breach of

any condition of the

contract.

The tender sanctioning authority of RISL may,subject to a

cure period of thirty (30) days, without prejudice to any

other

remedy for breach of contract, by a written notice of default

of at least 30 days

sent to the supplier / Selected Bidder, terminate the

contract in whole or in

part: -

a. If the supplier / Selected Bidder fails to deliver any or all

quantities of the

service within the time period specified in the contract, or

any extension

thereof granted by RISL; or


other obligation under

the contract within the specified period of delivery of

service or any

extension granted thereof; or

c. If the supplier / Selected Bidder, in the judgment of the

Procuring Authority

has engaged in corrupt, fraudulent, collusive, or coercive

practices in

competing for or in executing the contract.

d. If the supplier / Selected Bidder commits material

breach of any condition of the contract.

In any event of termination byRISL, the Bidder shall be

paid for the:

1. goods delivered

2. services rendered

3. work in progress

4. unpaid AMCs

5. third party orders in pipeline which cannot be cancelled

As per RFP

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159 72 34 Settlement of Disputes Kindly add the below caluse I the exisiting clause:

The Arbitration and Conciliation Act 1996, the rules there

under and any statutory modification or re-enactment’s

thereof, shall apply to the arbitration proceedings.







As per revised RFP

160 72 Sec. 34(b) :

Standing

committee for

settlement of

Disputes

If a question, difference or objection arises in

connection with or out of the contract agreement or the

meaning of operation of any part, thereof or the rights,

duties or liabilities of either party have not been settled

by mutual discussions or the decision of tender

sanctioning Procurement Committee, it shall be referred

to the empowered standing committee for decision if

the amount of the claim is more than Rs 50,000. The

empowered standing committee shall consist of

members jointly constituted by Department and RISL.

Suggested Alternative:The Standing Committee for

settlement of disputes should consist of equal number of

representatives from BOTH sides. If this fails, the

Arbitration and Conciliation Act, 1996 and rules framed

thereunder and for the time being in force shall apply. The

Buyer cannot arrogate to itself the sole authority to decide.

Arbitrator to be jointly appointed.

As per RFP.

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Convenience/

Foreclosurei.

i. RISL, by a written Notice of at least 30 days sent to

the supplier / Selected

Bidder, may terminate the Contract, in whole or in part,

at any time for its

convenience. The Notice of termination shall specify

that termination is for the

Purchaser’s convenience, the extent to which

performance of the Supplier/

Selected Bidder under the Contract is terminated, and

the date upon which

such termination becomes effective.

ii. Depending on merits of the case the Supplier /

Selected Bidder may be

appropriately compensated on mutually agreed terms

for the loss incurred by

the contract if any due to such termination.

iii. The Goods that are complete and ready for shipment

within twenty-eight (28)

days after the Supplier/ Selected Bidder’s receipt of the

Notice of termination

shall be accepted by the Purchaser at the Contract

terms and prices. For the

remaining Goods, the Purchaser may elect:

iv. To have any portion completed and delivered at the

Contract terms and

prices; and/or

v. To cancel the remainder and pay to the Supplier/

Selected Bidder an agreed

amount for partially completed Goods and Related

Services and for materials

and parts previously procured by the supplier / Selected

Bidder.

i. RISL, by a written Notice of at least 3090 days sent to the

supplier / Selected

Bidder, may terminate the Contract, in whole or in part, at

any time for its

convenience. The Notice of termination shall specify that

termination is for the

Purchaser’s convenience, the extent to which performance

of the Supplier/

Selected Bidder under the Contract is terminated, and the

date upon which

such termination becomes effective.

ii. Depending on merits of the case the Supplier / Selected

Bidder may be

appropriately compensated on mutually agreed terms for

the loss incurred by

the contract if any due to such termination.

iii. The Goods that are complete and ready for shipment

within twenty-eight (28)

days after the Supplier/ Selected Bidder’s receipt of the

Notice of termination

shall be accepted by the Purchaser at the Contract terms

and prices. For the

remaining Goods, the Purchaser may elect:

iv. To have any portion completed and delivered at the

Contract terms and

prices; and/or

v. To cancel the remainder and pay to the Supplier/

Selected Bidder an agreed

amount for partially completed Goods and Related

Services and for materials

and parts previously procured by the supplier / Selected

Bidder.

As per RFP

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162 74 Clause 7.1:

Payment Terms &

Schedule

• Due payments shall be made promptly by the

Purchaser, generally within sixty (60) days after

submission of an invoice or request for payment by the

supplier/ Selected Bidder, and the Purchaser has

accepted it.

Due payments shall be made promptly by the Purchaser,

generally within thirty (30) days after submission of an

invoice or request for payment by the supplier/ Selected

Bidder.

All payments due for more than thirty (30) days will attract

an interest at the rate of 2 percent per month on the

invoice amount calculated from the date the payment

became due until the recovery is made in full with interest.

Without prejudice to the other rights available, Bidder also

reserves the right to withhold the provision of Services till

such time all the payments due to it under this Agreement

have been made by Bank and any such withholding by the

Bidder shall not be treated as breach by it of the provisions

of this Agreement. Invoices shall be deemed to have been

accepted if Bank does not furnish a written objection

specifying the nature of the dispute within ten (10) days

from the date of invoice.

As per RFP.

163 74 Payment terms

and Schedule

As per RFP Request to reduce payment term to 30 days and request to

consider advance payment

As per RFP

164 74 Sec. 7.1, fourth

bullet

Due payments shall be made promptly by the

Purchaser, generally withinsixty (60) days after

submission of an invoice or request for payment by

thesupplier/ Selected Bidder, and the Purchaser has

accepted it.

We suggest that credit period may be reduced to 30 days

instead of 60 days.

As per RFP

165 75 7.3 c) c) Hours of Operation (Help Desk): 7:00 AM to 11 as

per working days of hospitals.

Please clarify if this is 11 AM or PM? Also how many

working days of hospitals are there per week?

As per Revised RFP

166 75 7.3 Service Level

Standards/

Requirements/

Agreement

Hours of Operation (Help Desk): 7.00 AM to 11.00 as

per working days of hospitals

Need clarification on the timing As per Revised RFP.

167 75 Service Level

Standards/

Requirements/

Agreement

As per RFP Maximum aggregate penalty under this RFP to be limtied

to 3% of the total contract value of the delayed

deliverables/services

As per RFP

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168 76 7.3 h) h)Penalty for downtime

"Number of hours the iHMS is non-functional/non-

accessible/non-available/non-responsive in each case

of outage."

Does this mean the entire system is down and not just a

single module or functionality? Also downtime due to

reasons beyond the application such as hardware,

connectivity etc. should be excluded from this calculation.

Also planned downtime for update of patches, database

maintainance etc. should not be included.

As per RFP

169 76 Clause 7.3

Item (h) Penalty for

Downtime

Any downtime due to hardware, network bandwidth, other

agencies shall not be attributable to bidder and shall not be

penalised. Request you to please confirm.

Yes but as per the reports

provided by RSDC

170 76 Clause 7.3 (i)

Penalty for Non-

Availability of

deployed

Personnel/

Resources/

Manpower: A Maximum of 18 leaves per year (4.5 per

quarter on prorate

basis) shall be allowed for resource deployed.

Our Company policy is 21 days - Can RISL consider the

same instead of 18 days Annually?

As per RFP.

171 76 Clause 7.3 (j)

Penalty for non-

timely performing

software support

service…

Clause a bit ambiguous need more clarity on KPI As per RFP.

172 76 Clause 7.3 Service

Level Standards/

Requirements/

Agreement

Item (h) Penalty for

Downtime

Number of hours the Integrated HMS Software solution

(Web Application or Web Portal) is non-functional / non-

accessible / non-available / non-responsive in each

case of outage

Kindly advise, is the SLA applicable if the IHMS is not

accessible from certain locations (due to unavoidable

circumstances such as internet connectivity), but is

accessible from all other locations

As per revised RFP

173 76 Clause 7.3 Service

Level Standards/

Requirements/

Agreement

Item (k) Penalty for

attrition of key

resources during

the project

duration

SI shall make sure that the key personnel involved in

the development, operation and maintenance of the

Integrated HMS software solution are designated to the

project for the entire project duration. In case, any key

person listed below has to leave the project, the

following penalties shall be applicable...

Attrition is generally pretty high in the IT industry; there

should be no penalty on this count, if an adequate

replacement has been provided. Kindly advise

As per RFP

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174 77 7.3 (J) Penalty for non-timely performing software support

service like Update Content Management on IHMS

Software solution (Web Portal or Web Application)

/Defect fixing/ Change Management (Application

Software) i.e. Minor Change Requests- Up to 2 days -

No penalty > 2 days - 200 per incident per day

We understand that the calculation of 2 days will be done

based on helpdesk service window. E.g. if ticket is open at

Saturday 5 PM and assuming Sunday as holiday the

service window for that ticket will be till 5 PM on Tuesday.

Please confirm if our understanding is correct?

No assumptions as it is

calender days and not

working days. It is expected

that the changes are done as

soon as possible irrespective

of any holidays

175 77 7.3 (k) Penalty for attrition of key resources during the project

duration: SI shall make sure that the key personnel

involved in the development, operation and

maintenance of the Integrated HMS software solution

are designated to the project for the entire project

duration. In case, any key person listed below

has to leave the project, the following penalties shall be

applicable: Helpdesk Support Engineer - Penalty Rs.

5,000/- on second change and thereafter on every

change

As there are 12 resources required for helpdesk so there

will be 12 changes allowed in helpdesk resources during

the tenure of the project beyond that there will be penalty

on every change as mentioned. Please confirm if our

understanding is correct?

As per RFP.

176 77 Clause 7.3 (k)

Penalty for attrition

of key resources

during the project

duration

As per the clause for every second change there is

fixed penalty for different categories. That too during

entire project duration which is for 5 years.

Please clarify how the second change is computed? Does

it mean one change is allowed. 5 years enough in IT

services for career growth we cant expect a developer to

remain developer for 5 years. This needs to be reviewed

may be based on incidents penalty can be imposed.

As per RFP

177 77 Penalty Penalty on Manpower The penalties on resource replacement shall be capped at

10% of the quarterly contract value. However penalty on

resource replacement may be waived off subject to the

approval of RISL under the following circumstances:

i) Medical Emergency

ii) Resignation of deployed resource


department in Big Data rfp (refer rfp number #




clause is taken from the Big Data rfp.

As per revised RFP

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178 78 7.3 (l) l) The maximum total penalty in any quarter (excluding

non-availability of deployed manpower/ resources/

personnel) shall not be more than 20% of the total

amount due for the quarter beyond which the tendering

authority will be free to initiate action as per RFP terms

and condition for breach of SLA. The tendering

authority may also forfeit the PSD and also debar the SI

from bidding (for all types and form of bids) for at least

three years in RISL and M& H Department.

Please consider Penalty Capping: 10% of quarterly

payment

As per revised RFP.

179 78 The maximum total penalty in any quarter (excluding

non-availability of

deployed manpower/ resources/ personnel) shall not be

more than 20% of the

total amount due for the quarter beyond which the

tendering authority will be

free to initiate action as per RFP terms and condition for

breach of SLA. The

tendering authority may also forfeit the PSD and also

debar the SI from

bidding (for all types and form of bids) for at least three

years in RISL and M&

H Department.

The maximum total penalty in any quarter (excluding non-

availability of

deployed manpower/ resources/ personnel) shall not be

more than 203% of the

total amount due for the quarter beyond which the

tendering authority will be

free to initiate action as per RFP terms and condition for

breach of SLA. The

tendering authority may also forfeit the PSD and also

debar the SI from

bidding (for all types and form of bids) for at least three

years in RISL and M&

H Department.

As per RFP

180 82 7.5 g) Training,

hand-holding and

knowledge transfer

i. The Selected Bidder shall hold technical knowledge

transfer sessions with designated technical team of

Department in the last 3 months of the project duration.

a) Please let us know that the Training will be held at

centralized location.

b) The Space/Training Lab for training will be provided by

the Department.

c) Consumables for Training will be provided by the

department, as consumables cannot be accurately

determined by the Bidder/SI.

As per revised RFP

181 84 8.1.1 Electronic Health Record and platform to host various

EHR/ HIS/ EMR andother public health IT Systems with

Registries (Master Patient Index; Patient, Provider and

Facility Registries) along with an Analytics Engine

What is the estimated number of patients who would be

enrolled to this system?

As per RFP

182 84 8.1.1 Blockchain Fabric shall be provided by DoIT&C The RFP doesn't mention about scope and use cases for

Blockchain? What are expectations from bidder in this

regard?

As per RFP

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183 85 Section 8.1.1 Search utility for effectively searching all medical details

of a patient using unique ID like Aadhaar Card or

Bhamashah Card, with due verification process as

required

Since many of the participating private hospitals, clinics,

pharmacies and diagnostic center might have different

registration system and might not capture bhamasha and

Adhaar number. In such cases if the patient has been

brought to a trauma center for an emergency, the doctor

sould be able to search and identfy the patient uniquely by

using any identifier they have in that case. It is very

necessary for the doctor to see the longitudinal health

record of the patient before they start the treatment

especially when the patinet is unconsious.

we would like to recommend to add "search utility to

identify a patient uniquely using other identifier in addition

to Aadhaar and bhamasha"

Other identity documents like

Driving License, EPIC may

also be allowed. In addition,

during emergency

registration will also be

allowed without an Identity

card, which could be entered

at a later stage.

184 86 8.1.2 Out Patient

Department (OPD)

Module

Automatic issue of medicines in pharmacy based on

doctor prescription

Need clarity on the method of to be followed for issuing

drugs

As per revised RFP. Once

the doctor has prescribed

medicines, the process will

be workflowed to the

Pharmacy for issue of

medicines.

185 89 8.1.6

Investigations

Module

(Laboratory,

Radiology, others)

Facility to integrate dicom-enabled machines related to

radiology, cardiology imaging, and radiotherapy device

(X-ray, CT, MRI, ultrasound, etc.) to upload captured

images in the software application

Can we assume that only DICOM compliant modalities will

have to be integrated with PACS?

If non-DICOM compliant Radiology or Cardiology

modalities need to be integrated, please provide the details

of the non-DICOM modalities.

Initially only DICOM

compliant machines are to

be integrated. However, if

M&H deptt. provides

requisite h/w for scanning &

digitizing non DICOM

enabled content then

functionality has to be

provided in the application

186 89 8.1.7 Pharmacy

Module

Functionality of Lifeline Fluid Stores Need clarity on lifeline fluid stores, does it means stores

maintaining life saving and essential drugs

Lifeline Fluid Stores have

been established within the

hospital campus for supply

of emergency drugs, syringe-

needles, catgut, IV fluids and

other consumables at a rate

lesser than market rate.

187 95 8.1.16 8.1.16 Billing, RMRS (including Lifeline Drug Stores)

and Procurement Module

Please clarify if the vendor is expected to deliver an

Accounting package as part of the solution? If yes, what is

the modules/functionality expected as part of the

Accounting package?

As per RFP

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188 96 8.1.16 Facility to enter reimbursement received from insurance

agency

Are hospitals currently being reimbursed by insurance

companies through a Fee-for-Service model?

Currently, under Bhamashah

Swasthya Bima Yojana,

premium has been paid by

government for cashless

treatment of eligible

beneficiaries. Funds linked

to package rates are

reimbursed by the Insurance

Agency to the hospitals.

189 96 8.1.16 8.1.16 Billing, RMRS (including Lifeline Drug Stores)

and Procurement Module

Facility to generate MIS Reports (Head-wise Monthly

Expense Report, Grant In Aid Monthly Summary

Report, Cash Book Summary Report, Abstract Bill

Summary Statement, Paramedical Tri Monthly Report,

etc)

Do we have existing rules and specifications for the reports

mentioned ?

Part of the study

190 98 8.1.18 Equipment Maintenance (e-Equipment) and Fixed

Assets Management

Module

Asset management is one of the criticial component in the

IHMS system invisioned by the Department. We would like

to suggest that below set of requirements are also included

to in order to achieve desired goals :

• Manage vendor contracts with comprehensive contract

management support for purchase, lease, rental, warranty,

rate, master, blanket and user-defined contracts.

• Use portable/mobile devices for input data for work

orders, inventory and calibration activities in combination

with the core system achieving benefits in terms of saving

labor cost and quality data accuracy.

• Asset Management, Mobile and Calibration should be

supporting electronic signatures and electronic records

requirements (re: FDA’s 21 CFR part11) and are all

“workflow enabled”.

• Offers Key Performance Indicators (KPIs) to monitor,

track, and manage asset performance, utilization, and

management activities. The more commonly used KPIs

should OEE (Operational Equipment Efficiency) and ROA

(Return on Asset).

• Multi-organization, multi-site, multi-language configuration

to work in connected or disconnected mode of operation.

As per RFP

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191 99 8.1.24 8.1.24 Personnel Information (including Resource

Management) and Resource Scheduling Module

Is the requirement for a basic module to capture employee

detaisl or a full fledged Human Resource module? If yes,

please mention what all modules are expected such as -

Recruitment, Training, Appraisal, Leave Management,

Payroll etc?

As per revised RFP

192 101 8.1.28

Telemedicine and

PACS Module

Kindly confirm the list of equipments that needs to be

integrated – is it the same as mentioned under Section

4.3.13

A routing software is recommended for connecting

remotely located Radiology / Cardiology Equipment to the

PACS server. It will be helpful if the list also include the

number of such remotely located devices along with the

device details.

Part of the study

193 101 8.1.28

Telemedicine and

PACS Module

Is the equipment to be integrated at Specialist End as well,

kindly advise

The equipment has to be

integrated at Specialist End

as well, for the simple

reason that the District

Hospital, for example, will

work as a Specialist End

while interacting with CHC or

PHC and as Patient End

when interacting with

Medical College Hosptial.

194 102 8.1.28 Would the concept of post-discharge programs be

accommodated?

Yes, the concept of post-

discharge and follow-up

programs are an integral part

of iHMS, with the objective of

generating Electronic Health

Record.

195 102 8.1.28 Compliance with global standards like HL-7, ICD,

MDDS and SNOMED CT, LOINC, DICOM-3, NDC,

DRG and HIPAA as and when applicable.

Under HIPAA, does EDI implementation fall in scope? Yes Electronic Data

Interchange (EDI) is part of

the scope for EMR/ EHR

196 102 8.1.28 8.1.28 Telemedicine and PACS Module

The telemedicine software shall be layered and module

based. The telemedicine solution should be based on

Object-oriented, modular and scalable architecture,

designed as platform independent.

Please provide details on the SLA's expected As per RFP

197 102 8.1.28

Telemedicine and

PACS Module

If all existing HIS are going to migrate to IHMS, why do we

need interface to import and export to existing HIS. Kindly

advise

As per RFP

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198 102 8.1.28

Telemedicine and

PACS Module

The software architecture should be scalable so that

any expansion in terms of number of clients is easier

and cost-effective. In case of server failure, the patient-

end software should be able to handle major tasks and

store the patient information in the local disk, which can

be transferred to server end upon link restoration. The

software should be able to take care of the redundancy

in servers.

Need Clarification As per revised RFP

199 103 8.1.28 Telemedicine and PACS Module Kindly advise, what is meant by ‘interoperable with other

vendor systems’. Is it expected that Doctor on one system

will be able to provide tele-consultation to a patient on

another system. If yes, how will the workflow be

implemented in such a case e.g. fixing an appointment

with a Specialist, when the two ends are on different

systems

As per revised RFP

200 104 8.1.28 Functional

Requirements of

Telemedicine

software

EMR/ e-health card building capability

• Provision to include unrecognized file formats

Kindly advise, why are the files with unrecognized format

required. How will the files in unrecognized format be

displayed

As per revised RFP


Requirements of

Telemedicine

software

Offline Data Transfer

• The system should have capability to send patient’s

medical data offline from one location to another.

If the system is offline, kindly advise how the data can be

transferred

As per revised RFP

202 105 8.1.28 8.1.28 Telemedicine and PACS Module

Proper security measures like user authentication, data

edit and

delete privileges, administration privileges should be

incorporated into the system.

Is there any existing security framework? Can it be reused

or does it need new security implementation ?

Security should be integral

part of the application and

taken care of by the bidder


Requirements of

Telemedicine

software

Other Features Can the Video Conference be an integrated application,

and also web based, instead of connecting with an external

Video Conference system. Kindly advise

Yes the telemedicine should

by software based solution

and not the hardware based

video conferencing system

204 107 8.2 Functional &

Non Functional

Requirement of

Mobile Application

Is radiology image required to be shown along with the

Radiologist’s report in the mobile application? If yes, can

this image be shown through a web-viewer on the mobile

browser?

Please note that requirement for showing lossless DICOM

images on a mobile will increase the minimum

specification required for mobile devices.

Functionality for the same

has to be provided in the

software

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205 107 8.2 Non-functional

requirements for

the Mobile

Application

o Delivery should be in the form of a four published

mobile applications on each platform in the market

place (Play store and Apple store)

Kindly advise, which are the four applications As per revised RFP

206 107 8.2 Non-functional

requirements for

the Mobile

Application

o The solution architecture should be highly available

and in harmony with the existing backend systems. The

solution should enforce network level security, traffic to

be encrypted using secured connectivity. The mobile

app should use token based authentication that is

integrated with the existing systems authentication

services. The users can login through Single Sign On

Government of Rajasthan.

For SSO, will we have access to API’s for user verification.

Kindly advise

Yes

207 108 8.3 Document Management– Web Application developed

for iHMS shall have huge number of scanned

documents as part of Pre-authorization requests

and for Claims Processing. Web Application shall

provide comprehensive functionality for searching,

tagging of documents using the stack mentioned in

this RFP. The solution shall have facility for uploading

documents, photos,videos, etc.

Are you suggesting that application developed for IHMS

should use DMS stack (IBM FileNet / Newgen OmniDocs)

mentioned in the RFP section 4.3.15 for document

management?

As per revised RFP

208 109 8.3 Non Functional

Requirement of

Software solution

• Payment Gateway: Selected Bidder shall integrate the

payment gateway(s) of various banks/ Aggregators as

decided by RISL, with the proposed Web Portal /

Application software, as required for HMS for facilitating

online payments.

How many banks/aggregators do we need to integrate

with. Kindly advise

The Bidder / SI shall be

required to integrate the

iHMS solution with RPP

(Rajasthan Payment

Platform) through e-Mitra via

webservices and APIs

209 109 8.3 Non Functional

Requirement of

Software solution

Web Portal

• Web Portal envisaged should be multi lingual (both

English and Hindi) and needs to have the following…

Kindly advise as to who will maintain the list of hospitals,

doctors, etc. on the web portal. List of doctors and their

duty rosters will keep changing and there should be

dedicated personnel for maintenance.

The PIS or HR management

shall be done under the IT

initiative called e-Office (Raj-

Kaj) the bidder shall be

required to integrate this

data through webservices

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210 110 8.3 Non-Functional

Requirement of

Software Solution

è Portal Login

Dashboard related to log-in ID For the success of the project one of the important factor is

to create a single view i.e. patient centric dashboard or

360 degree view of patient based on the data being

received from different system. For this Data

Integration,Data Quality, BI Reporting and analytical engine

are the important components of the complete solution.

These preferable from one OEM to avoid any solution

integration issue. This can be achieved by either SI

factoring both the solutions (Data Integration,Data Quality,

BI Reporting and analytical engine) from some OEM in the

proposed solution or If department is already using some

OEM stack than that stack should be made available for

SI. In case department has solution stack, request you

clarify the name of the stack along with the current

capacity

As per revised RFP

211 110 8.3.1 Additional

Requirements

Integration requirement Are you looking to use existing Raj Sewa Dwaar (ESB, API

mgmt and Security Gateway layer) to faciltate service

oriented integration of proposed IHMS solution with other

systems mentioned in this requirement?

Yes. As per RFP


Requirements

Integration Requirements Is the supply of biometric devices a part of the scope of

delivery. Kindly advise

No, supply of biometric

devices or any other h/w

(except telemedicine demo

equipment) is not a part of

the scope of this project.


Requirements

CMS shall also provide facility for archival of historical

records.

Would PHI(Protected Health Information) regulations be

applicable during the implementation and

support/maintenance phase?

Yes

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Requirements

Integration

Requirements

o UID Aadhaar (Biometric interface for Aadhaar

authentication shall be implemented for authentication

devices of Make- Morpho, Secugen and Cogent)

o Bhamashah

o E-Office

o 108 ambulance

o e-Mitra

o Payment Gate Way

o SMS Gate Way

o E Mail Solution

o e-Aushadhi

o Existing Arogya Online

o Rajasthan Sampark

o Raj SSO

o E-Vault

o Additional Integration Requirement (If any)

Need clarification on level / type of integration required with

each application. Will this be on realtime basis.

As per Revised RFP

215 113 Additional Requirements

CMS shall also provide facility for archival of historical

records.

Do we need to archive the historical data in tape or any

storage device ?

Historical records shall be

stored in server(s) at RSDC.

216 113 8.3.1 Proposed Deployment Architecture We understand from this that a centralized IHMS system

will be hosted at RSDC and different hospitals/ health

centers will connect to use it. Does this mean a single

instance of IHMS application will run at center? If that is

the case then is multi tenancy required at application level

only or at database level only or at both layers?

As per RFP

217 113 8.3.1 Proposed deployment architecture As per our understanding, hardware, OS, database,

middleware etc. required to deploy the iHMS application at

both the data center and the hospitals will be provided by

RSDC. The supply, installation, maintainance of the

hardware, networking, connectivity and system software

required for running the iHMIS is outside the scope of the

RFP. Please confirm.

As per RFP


Requirements

Proposed

Deployment

Architecture

Software solution shall be deployed at RSDC. Selected

Bidder shall deploy iHMS on middleware provided by

RSDC to meet the functional requirements of Integrated

HMS.

Please let us know the configuration of the environment on

which application will be hosted which will be provided by

RSDC.

As per RFP

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219 113 Clause 8.3.1

Item : Proposed

Deployment

Architecture

Project locations End user desktops, bandwidth is out of scope of selected

bidder. Request you to please confirm

No, supply of end user

desktops, bandwidth is out of

scope of this project.

220 113 Clause 8.3.1

Item : Proposed

Deployment

Architecture

Sufficient internet bandwidth will be provided by RISL at

RSDC, Jaipur for the Web/ Application Server access

by the department officials and citizens.

Network bandwidth at DC, DR, end user location,

replication link, project locations shall be out of scope of

selected bidder. Request you to please confirm

Network bandwidth at DC,

DR, end user location,

replication link, project

locations is not part of scope

of this project.

221 113 Proposed

Deployment

Architecture

Software solution shall be deployed at RSDC. Selected

Bidder shall deploy iHMS on middleware provided by

RSDC to meet the functional requirements of Integrated

HMS.

We understand that all software licenses not limited to

1. Database software with RAC licenses

2. Middleware

3. Web server

4. ESB Integration and Messaging software

5. Operating System

6. Virtualization software

7. Antivirus and HIPS Licenses

8. Backup and Archival Software

9. Disaster Recovery Automation Tool

10. Reporting, ETL and Analytics Tools

11. Replication Software

12. EMS Software

13. CMS

14. DMS

15. Development tools

16. Forms

17.Mobile App

18. Digital Signatures and security certificates

19. Domain Names

shall be provided by RISL through RSDC. Please confirm

As per RFP

222 114 8.3.3 8.3.3 Data Sizing, Named Users & Concurrency of data Please specify if the number of 10,0000 concurrent users

for iHMIS includes portal and mobile users? What would

be the estimated concurrent users of application for a)

internal web application b) mobile applications and c) web

portal?

As per revised RFP

223 114 8.3.3 Data Sizing,

Named Users &

Concurrency of

Data

The estimated number of concurrent users will be about

10,000.

Please let us know the total number of users As per revised RFP

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224 114 Sec 8.3.3 Data

Sizing, Named

User & Con

current users

Master Provider Index What is the expected growth of new patients ,health

facilities and healthcare workers in each year over the next

5 years following go-live?

As per RFP

225 115 8..3.3 8.3.3 Data Sizing, Named Users & Concurrency of data Please specify the location and number of beds of the

government hospitals/health institutions who would be

using the internal web application? Similarly for the private

hospitals/healthcare institutions.

As per RFP

226 115 8..3.3 8.3.3 Data Sizing, Named Users & Concurrency of data Please specify the functionality of iHMS which will be used

by private hospitals and other private healthcare facilities.

Will they also be using the internal web application meant

for use by the government hospitals? Who would provide

training to the users of private hospitals/healthcare

institutions?

As per RFP

227 115 8.3 Non-Functional

Requirement of

Software è 8.3.4

Analytical Engine

• The system must have analytics engine to generate

aggregate indicators at various levels (facility, block,

district, state etc.). This includes aggregating patient

level clinical information on- services, procedures,

activities, diseases in addition to administrative

information such as human resources distribution,

service availability, and service quality etc. from the

facilities participating in to the iHMS.

For the success of the project one of the important factor is

to create a single view i.e. patient centric dashboard or

360 degree view of patient based on the data being

received from different system. For this Data

Integration,Data Quality, BI Reporting and analytical engine

are the important components of the complete solution.

These preferable from one OEM to avoid any solution

integration issue. This can be achieved by either SI

factoring both the solutions (Data Integration,Data Quality,

BI Reporting and analytical engine) from some OEM in the

proposed solution or If department is already using some

OEM stack than that stack should be made available for

SI. In case department has solution stack, request you

clarify the name of the stack along with the current

capacity

As per revised RFP

228 115 8.3.4 The Dashboard should support map-based analysis

where data (multiple indicators) could be plotted over

maps where it can be drilled down up to most granular

level on the map.

Is it be assumed that GIS data would made available by

RISL?

Yes

229 115 8.3.4 BI Tool Which BI tool is being used currently at RISL? Is same to

be used for this implementation?

As per revised RFP

230 115 8.3.4 8.3.4 Analytical Engine Please specify the number of users of the analytical engine

and dashboard. How many KPIs are expected to be

generated as part of the dashboard?

As per revised RFP

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231 115 Section 8.3.4

Analytical Engine

In order to successfully run health analytics , it is

recommended to include ETL and Datawarehouse

capabilites along with Analytics engine. ETL tools will help

to standardize and move relevant data from IHMS

database and other data sources into a Data warhouse

system which can then be used for deeper analytics. Are

there any plans to use Datawarehouse and ETL in this

solution? How is the analytics engine being planned to

work with different data sources?

As per revised RFP

232 115 Section 8.3.4

Analytical Engine

Requesting you to provide the list of BI tools available with

RISL and can this tool be leveraged for iHMS project.

As per revised RFP

233 116 8.3.4 The Dashboard should be able to conduct population

level analytics using multiple query combinations and

detect the presence of infectious diseases/change in

pattern for any disease, symptom etc. at an early stage

of anoutbreak in addition it should provide insights into

the patterns and trends ofdisease throughout a

population group.

Would the design and development of Population Health

Management or Disease Management programs be part of

scope?

As per RFP

234 124 Financial bid

format

Support cost of components. Is RISL is also looking for Support & Maintenance cost of

each component per year? Also, will be support be paid

directly by RISL or by SI/partner to the OEM?

As per RFP

235 137 ANNEXURE-15-

ROLE OF RSDC

(Rajasthan State

Data Centre)

RSDC is the focal point of Integrated HMS ICT

infrastructure. The core infrastructure of Software

solution (Web Application and Web Portal both) is

expected to be hosted at the

RSDC.

We understand that RSDC shall implement and provision

the IT Infrastructure (Server, storage, Network and

Security etc.) with required software tools like operating

system, virtualization, middleware, Database, replication

and hand it to bidder for iHMS application deployment.

Please confirm if our understanding is correct.

As per RFP


ROLE OF RSDC

(Rajasthan State

Data Centre)

RSDC will provide infrastructure such as firewall,

Intrusion Detection/ Prevention,

service, directory service, management and data

storage services, which could be a

shared infrastructure to all the applications

/departments in the RSDC.

Request you to kindly provide details on the directory

services available at RSDC.

As per RFP


ROLE OF RSDC

(Rajasthan State

Data Centre)

Some of the key functionalities of RSDC are Central

Data Repository of the State, Secure Data Storage,

Disaster Recovery, Remote Management and Service

Integration

Disaster recovery, backup, database replication shall be in

RSDC's scope as RISL RPO and RTO requirements.

Request you to please confirm.

Yes. As per RFP

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TECHNICAL

PROPOSAL

The section should also include the Bill of Materials

(BOM) for all the software components, products and

tools that are proposed for the application development,

testing, deployment and maintenance

Kindly provide details around the minimum technical

specifications and quantities for the software components,

products and tools for the application development, testing,

deployment and maintenance

As per RFP

239 138 Integration with E-

mail Gateway,

SMS Gateway and

Payment Gateway

E-mail gateway: Selected Bidder shall provide an

interface for e-mail solution of

HMS with the newly built software solution.

We understand that bidder needs to integrate the

application with the Email- gateway provided by RISL.

Request you to please provide details around the existing

Email solution that needs to be integrated

As per revised RFP


mail Gateway,

SMS Gateway and

Payment Gateway

SMS Gateway: The Software solution (Web Portal &

Web Application) shall be integrated with MSDG

Gateway of Rajasthan, for automatically sending the

required details/ information through SMS to the

designated officers of DHFW

and other stakeholders. Selected Bidder would be

responsible for preparing interfaces for integration with

the MSDG Gateway and the proposed Software

solution.


application with the MSDG SMS gateway provided by

RISL. The cost for SMS and SMS gateway shall be borne

by RISL. Please confirm if our understanding is correct.

As per revised RFP


mail Gateway,

SMS Gateway and

Payment Gateway

Payment Gateway: Selected Bidder shall integrate the

payment gateway(s) of various banks/ Aggregators as

decided by RISL, with the proposed Web Portal /

Application software, as required for HMS for facilitating

online payments.


application with the payment gateway provided by RISL.

The transactional cost for payment GW shall be borne by

RISL. Please confirm if our understanding is correct.

As per revised RFP

242 102,

106

8.1.28

Telemedicine and

PACS Module

Functional Requirements of Telemedicine software:

Other Features

One bullet point on page 102 specifies that telemedicine

and PACS solution should be browser based while another

bullet point talks about patient-end software having the

ability to store patient information in local disk.

Further, page 106 talks about data acquisition, viewing,

transfer and transformation...of DICOM3 part 10 compliant

file.

Can PACS viewer be non-browser based application

installed on the client side computer / system?

As per revised RFP

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243 115-

116

8.3.4 Analytical

Engine

Application and Web Portal shall as bilingual (English

and Hindi). The users should see the labels and

captions on selected language and additionally be able

to feed-in their data in English language. Also, the SI

must translate, at its own, the equivalent Hindi Captions

for the English version (without altering the meaning) of

the Web Portal and the Software solution and the same

must be submitted to RISL for approval before

implementation/ uploading or vice versa.

We suggest that only the patient centric data labels like

registration info be bilingual, The rest clinical part should

be in english.

As per revised RFP

244 14-15 Chapter 3. Pre-


lity Criteria

(Preliminary

Qualification)

Item 4 - Technical

Capability &

Experience


Crores.

or


Crores each

or


Crores each




One similar work of value not

less than Rs. 25Crores with payment receipt of min 3Cr

(Work Order + Self

Certificate of work in progress/ CA indicating the value of

payment received

against the work order(s))

(In the above case the

value of payment received

shall be min of 3Cr)

or

2. Two similar works of value not

less than Rs. 5.00 Crores each

or

3. Three similar works of value not

less than Rs. 4.00 Crores each

(By “executing (the project)” it is

implied that the project should have

been commissioned or must be in

Go Live status as on 31st March

2017)

Note:- Since PO executed in India are not big in volume.

Big projects have been coming for last 12-18 months. So

completed project of asked size would be difficult for many

bidder. Reuquest to ask for work in progress douments

from client...

(Note:- Addressing the queries either of Sn -01 or Sno 02

will make us elegible for participation in bid)

As per revised RFP

245 17 &

84

Section 4.2 and

Section 8.1.1

Inclusion of HIE standards For a successful implemenation of HIE it is very necessary

to add IHE standards and its profiles which will make the

platform standard based for improved exchange of

information among hetrogeneous clinical systems

As per RFP

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246 31-32 4.3.17 Project

Deliverables,

Timelines &

Payment Terms

Project Milestones and Deliverables We request you to please change the timeline to develop

and implement HIMS project milestones to 18 months

instead 1 year. Request you to please consider.

As per revised RFP

247 31-32 4.3.17 Project

Deliverables,

Timelines &

Payment Terms




1. Please consider to make it total 20% instead 11% of

the Cost of Design and Development for each group and

further devided into different phases of SDLC.

1. Submission of FRS/SRS - 3%

2. Approval of FRS/SRS - 2%

3. Development & Testing - 5%

4. Beta Version Acceptance & Deployment(without final

UAT for Go Live - 5%

5. Integration & UAT - 5%



As per revised RFP

248 31-33 4.3.17 4.3.17

Project

Deliverables,

Timelines &

Payment Terms

The milestones and deliverables for the implementation

of Integrated HMS will be as follows:-

11% of the Cost of

Design and

Development of

Integrated HMS

solution as per

agreed cost of Serial

No. 1 of Financial

Bid…..

The overall cost for Development & Digitization considered

till Go Live for Payment is 80% and 20% is payable in

Support Period. This has a prolonged negative impact on

business sustenance.

Request to kindly consider 14% of Design and

Development cost of HMIS till Go Live during SRS and

Design Document Delivery of Group I in Two Months and

remaining 6% to be distributed during SRS and Design

document for Group II and Group III.

This will help in Cashflow of SI and will be crucial.

As per revised RFP

249 31-33 4.3.17 Project

Deliverables,

Timelines &

Payment Terms

Total Payment to be released before o&M is 80% Based on above suggest milestone consider to make it

90%

As per revised RFP

250 43-46 Chapter 5 Item 15

Evaluation &

Tabulation of

Financial Bids

a) the evaluation shall include all costs and all taxes

and duties applicable to the bidder as per law of the

Central/ State Government/ Local Authorities, and the

evaluation criteria specified in the bidding documents

shall only be applied;

Taxes and duties should be excluded from the price

quotation

As per RFP.

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251 50-51 26.e.ii)

Performance

Security



following cases:-


breached.


satisfactorily.

Request to amend the exisitng clause as below:



following cases:-

a. When any terms and condition of the contract is

breached.

b. When the bidder fails to make complete supply as per

rfp Scope.

This clause was also present in the RISL other rfp's like

Big Data, Oracle Exadata, IBM PureApp etc..

As per RFP

252 62-63 Clause 6 (16):

Confidential

Information

Item (d)


however, shall not apply to information that: -

i. the Purchaser or Supplier / Selected Bidder need to

share with RISL or other institutions participating in the

Contract;

ii. now or hereafter enters the public domain through no

fault of that party;

iii. can be proven to have been possessed by that party

at the time of disclosure and which was not previously

obtained, directly or indirectly, from the other party; or

iv. otherwise lawfully becomes available to that party

from a third party that has no obligation of

confidentiality.


however, shall not apply to information that: -

i. the Purchaser or Supplier / Selected Bidder need to

share with RISL or other institutions participating in the

Contract;

ii. now or hereafter enters the public domain through no

fault of that party;

iii. can be proven to have been possessed by that party at

the time of disclosure and which was not previously

obtained, directly or indirectly, from the other

party; or

iv. otherwise lawfully becomes available to that party from

a third party that has no obligation of confidentiality.

v. is required to be provided under any law, or process of

law duly executed

As per RFP.

253 62-63 Clause 6 (16):

Confidential

Information

Item (f)

f) The provisions of this clause shall survive completion

or termination, for whatever reason, of the Contract.

The provisions of this clause shall survive completion for a

period of 2 years after the expiry or termination, for

whatever reason, of the Contract.

As per RFP.

254 66-67 Clause 6(25):

Extension in

Delivery Period

and Liquidated

Damages (LD)

The maximum amount of liquidated damages shall be

10%.

The maximum amount of liquidated damages shall be 5%

of the value of delayed goods or services.

As per RFP.

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255 67-68 Clause 6 (26):

Authenticity of

Equipments/Softw

are

a) The Selected Bidder shall certify (as per Annexure-7)

that the supplied goods and services conform to the

description and quality as specified in this bidding

document and are free from defects in material,

workmanship and service.

b) If during the contract period, the said goods/ services

be discovered counterfeit/unauthentic or not to conform

to the description and quality aforesaid or have

determined (and the decision of the Purchase Officer in

that behalf will be final and conclusive), notwithstanding

the fact that the purchaser may have inspected and/ or

approved the said goods/services, the purchaser will be

entitled to reject the said goods/services or such portion

thereof as may be discovered not to conform to the said

description and quality, on such rejection the

goods/services will be at the Selected Bidder’s risk and

all the provisions relating to rejection of goods/services

etc., shall apply. The Selected Bidder shall, if so called

upon to do, replace the goods etc., or such portion

thereof as is rejected by Purchase Officer, otherwise

the Selected Bidder shall pay such damage as may

arise by the reason of the breach of the condition herein

contained. Nothing herein contained shall prejudice any

other right of the Purchase Officer in that behalf under

this contract or otherwise.

c) Goods accepted by the purchaser in terms of the

contract shall in no way dilute purchaser’s right to reject

the same later, if found deficient in terms of this clause

of the contract.

document and are free from defects in material,

workmanship and service.

a) The Selected Bidder shall certify (as per Annexure-7)

that the supplied goods and services conform to the

description and quality as agreed between the parties and

are free from defects in material, workmanship and

service.

b) If during the contract period, the said goods/ services be

discovered counterfeit/unauthentic or not to conform to the

description and quality as agreed between the parties the

purchaser will be entitled to reject the said goods/services

or such portion thereof as may be discovered not to

conform to the said description and quality, on such

rejection the goods/services will be at the Selected

Bidder’s risk and all the provisions relating to rejection of

goods/services etc., shall apply. The Selected Bidder shall,

if so called upon to do, replace the goods etc., or such

portion thereof as is rejected by Purchase Officer,

otherwise the Selected Bidder shall pay such damage as

may arise by the reason of the breach of the condition

herein contained. Nothing herein contained shall prejudice

any other right of the Purchase Officer in that behalf under

this contract or otherwise.

c) Goods accepted by the purchaser in terms of the

contract cannot be rejected by the purchaser later on.

As per RFP.

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256 69-70 Clause 6(29):

Limitation of

Liability


misconduct: -


indirect or consequential loss or damage, loss of use,

loss of production, or loss of profits or interest costs,


obligation of the Supplier/ Selected Bidder to pay

liquidated damages to the Purchaser; and









Limitation of Liability-

a) neither party shall be liable to the other party whether in

contract, tort, or other theories of law for any special,

punitive, exemplary, incidental, indirect or consequential

loss or damage, claims, liabilities, charges, costs,

expenses or injuries, including, without limitation loss of

use, loss of data, loss of production, or loss of profits, loss

of revenues or interest costs, and for any claims of

customers of the Purchaser or other third parties claiming

through the Purchaser arising under or in connection with

this Agreement even if such Party has been advised in

advance of their possibility.

b) the aggregate liability of the Supplier/ Selected Bidder to

the Purchaser, whether under the Contract, in tort, or

otherwise, shall not exceed the total amount paid to Bidder

by the Purchaser in the preceding twelve months under

that applicable work that gives rise to such liability (as of

the date the liability arose); provided that this limitation

shall not apply to any obligation of the Supplier/ Selected

Bidder to indemnify the Purchaser with respect to third paty

claims for patent infringement.

Bidder shall be excused and not be liable or responsible

for any delay or failure to perform the services or failure of

the services or a deliverable under this Agreement, to the

extent that such delay or failure has arisen as a result of

any delay or failure by the Purchaser or its employees or

agents or third party service providers to perform any of its

duties and obligations as set out in this Agreement. In the

event that Bidder is delayed or prevented from performing

its obligations due to such failure or delay on the part of or

on behalf of the Purchaser, then Bidder shall be allowed an

As per RFP.

257 70-71 Clause 29

Limitation of

Liability

Please consider and ensure that any indirect Liabilities are

exempt for the SI.

As per RFP.

258 70-71 Clause 29

Limitation of

Liability

Item (b)









The Limitation of Liability should be capped at 10% of

TCV. Request to kindly amend the clause.

As per RFP.

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259 71 &

72

c) Termination for

Default &

Convenience

Refer RFP Request you to add the below in both the existing clause

(Default & Convienence):

As on effective date of termination, Tendering Authority

shall pay:

a. the unpaid value of all the assets supplied by the Bidder

and accepted by the purchaser in accordance with the

RFP specifications in order to take over the possession of

the assets / application.

b. all the services delivered by the Bidder and accepted by

the purchaser, the consideration payable shall be based on

service rate as per agreement.

This clause was also present in the othe RISL rfp's like Big

Data, Oracle Exadata, IBM PureApp, E-Sanchaar etc..

As per RFP

260 71-72 Clause 6 (33)

Termination

Item (b):

Termination for

Insolvency

RISL may at any time terminate the Contract by giving a

written Notice of at least 30 days to the supplier /

Selected Bidder if the supplier / Selected Bidder

becomes bankrupt or otherwise insolvent. In such

event, termination will be without compensation to the

supplier / Selected Bidder, provided that such

termination will not prejudice or affect any right of action

or remedy that has accrued or will accrue thereafter to

RISL.

Either Party may at any time terminate the Contract by

giving a written Notice of at least 30 days to the other party

if the other partyr becomes bankrupt or otherwise

insolvent. In such event, Purchaser shall be liable to make

payment of the entire amount due under the contract for

which services have been rendered by the Selected

Bidder.

As per RFP.

261 71-72 Clause 6 (33)

Termination

Item (c):

Termination for

Convenience

i. RISL, by a written Notice of at least 30 days sent to

the supplier / Selected Bidder, may terminate the

Contract, in whole or in part, at any time for its

convenience. The Notice of termination shall specify

that termination is for the Purchaser’s convenience, the

extent to which performance of the Supplier/ Selected

Bidder under the Contract is terminated, and the date

upon which such termination becomes effective.

RISL, by a written Notice of at least 90 days sent to the

supplier / Selected Bidder, may terminate the Contract, in

whole or in part, at any time for its convenience. The

Notice of termination shall specify that termination is for

the Purchaser’s convenience, the extent to which

performance of the Supplier/Selected Bidder under the

Contract is terminated, and the date upon which such

termination becomes effective.

Similarly the Selected Bidder shall also have a right to

terminate this contract by giving 90 days written notice to

the Purchaser at any time for its convenience.

As per RFP.

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262 71-72 Clause 6 (33)

Termination

Item (a):

Termination for

Default

i. The tender sanctioning authority of RISL may, without

prejudice to any other remedy for breach of contract, by

a written notice of default of at least 30 days sent to the

supplier / Selected Bidder, terminate the contract in

whole or in part: -

a. If the supplier / Selected Bidder fails to deliver any or

all quantities of the service within the time period

specified in the contract, or any extension thereof

granted by RISL; or


other obligation under the contract within the specified

period of delivery of service or any extension granted

thereof; or

c. If the supplier / Selected Bidder, in the judgment of

the Procuring Authority has engaged in corrupt,

fraudulent, collusive, or coercive practices in competing

for or in executing the contract.

d. If the supplier / Selected Bidder commits breach of

any condition of the contract.

ii. If RISL terminates the contract in whole or in part.

a. Amount of performance security deposit may be

forfeited.

b. Before cancelling a contract and taking further action,

advice of senior most finance person available in the

office and of legal adviser or legal assistant posted in

the office, if there is one, may be obtained.

1. The tender sanctioning authority of RISL may, without

prejudice to any other remedy for breach of contract, by a

written notice of default of at least 30days sent to the

supplier / Selected Bidder, terminate the contract in whole

or in part: -

a. If the supplier / Selected Bidder fails to deliver any or all

quantities of the service within the time period specified in

the contract, or any extension thereof granted by RISL the

reason of which is solely attributable to the Bidder; or


other obligation under the contract within the specified

period of delivery of service or any extension granted

thereof the reason of which is solely attributable to the

Bidder; or

c. If the supplier / Selected Bidder, in the judgment of the

Procuring Authority has engaged in corrupt, fraudulent,

collusive, or coercive practices in competing for or in

executing the contract.

d. If the supplier / Selected Bidder commits material

breach of any condition of the contract.

Prior to providing a written notice of termination to the

Selected Bidder, Purchaser shall provide the selected

bidder with a written notice of 30 days to cure any breach

of the Contract. The decision to terminate the contract

shall be taken only if the breach continues or remains

unrectified, for reasons within the control of Bidder, even

after the expiry of the cure period.

ii. If RISL terminates the contract in whole or in part.

a. Amount of performance security deposit may be

forfeited.

As per RFP.

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263 72-73 Clause 6 (34):

Settlement of

Disputes

a) General: If any dispute arises between the supplier/

Selected Bidder and RISL during the execution of a

contract that it should be amicably settled by mutual

discussions. However, if the dispute is not settled by

mutual discussions, a written representation will be

obtained from the supplier/ Selected Bidder on the

points of dispute. The representation so received shall

be examined by the concerned Procurement

Committee which sanctioned the tender. The

Procurement Committee may take legal advice of a

counsel and then examine the representation. The

supplier / Selected Bidder will also be given an

opportunity of being heard. The Committee will take a

decision on the representation and convey it in writing

to the supplier / Selected Bidder.

b) Standing Committee for Settlement of Disputes: If a

question, difference or objection arises in connection

with or out of the contract agreement or the meaning of

operation of any part, thereof or the rights, duties or

liabilities of either party have not been settled by mutual

discussions or the decision of tender sanctioning

Procurement Committee, it shall be referred to the

empowered standing committee for decision if the

amount of the claim is more than Rs 50,000. The

empowered standing committee shall consist of

members jointly constituted by Department and RISL.

c) Procedure for reference to the Standing Committee:

The supplier / Selected Bidder shall present his

representation to the Managing Director, RISL along

with a fee equal to two percent of the amount of

dispute, not exceeding Rupees One lakh, within one

month from the date of communication of decision of

the tender sanctioning Procurement Committee. The

a) General: If any dispute arises between the supplier/

Selected Bidder and RISL during the execution of a

contract that it should be amicably settled by mutual

discussions. However, if the dispute is not settled by

mutual discussions within 30 days of raising such dispute

by any either party, a written representation will be

obtained from the supplier/ Selected Bidder on the points

of dispute. The representation so received shall be

examined by the concerned Procurement Committee

which sanctioned the tender. The Procurement Committee

may take legal advice of a counsel and then examine the

representation. The supplier / Selected Bidder will also be

given an opportunity of being heard. The Committee will

take a decision on the representation and convey it in

writing to the supplier / Selected Bidder within 30 days of

such representation by the selected bidder.

b) Standing Committee for Settlement of Disputes: If a

question, difference or objection arises in connection with

or out of the contract agreement or the meaning of

operation of any part, thereof or the rights, duties or

liabilities of either party have not been settled by mutual

discussions or the decision of tender sanctioning

Procurement Committee, the same will be referred for

arbitration to a sole arbitrator mutually appointed by both

the parties. Such Arbitration shall be governed by the

provisions of the Indian Arbitration and Conciliation Act

1996. The decision of the arbitral tribunal shall be final and

binding on the parties. The language of arbitration shall be

English and the Arbitration will be carried out at New Delhi.

d) Legal Jurisdiction: All legal proceedings arising out of

any dispute between both the parties regarding a contract

As per RFP.

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264 NA Clause to be

added

Risk and Title: Kindly add the below clause:

All title, risk and ownership of the assets is to be

transferred to RISL or its nominated agencies on the day

of the successful delivery / installation/ commissioning,

whichever is earlier of the supplied items. All expenses

occurred during transfer of titleship of assets shall be

borne by the selected bidder/authorized partner.







As per revised RFP.

265 NA Clause to be

added

Saving Clause / Dependencies Kindly add the below clause:

The dependencies on the performance of services beyond

the control of either party and where default is due to

reasons beyond the control of the selected bidder or due to

reasons attributable to RISL or third parties, the selected

bidder would not be penalized.







As per RFP.

266 Additional

Hardware

Clause not present in RFP Notwithstanding anything to the contrary in the RFP, any

requirement by Purchaser of any additional Hardware

under the Agreement shall be provided by the Successful

Bidder at an additional cost to Purchaser and the same

shall be done through a Change Order.

As per RFP.

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267 Arbitration If the dispute cannot be settled by mutual discussions

within the thirty (30) day period, either party may refer the

matter to a panel of three arbitrators. Each party shall

choose one arbitrator, both of whom shall elect the third

arbitrator who shall be the presiding arbitrator. The

arbitration proceedings shall be held under the provisions

of the Arbitration and Conciliation Act, 1996 or any of its

subsequent amendments. The arbitration proceedings

shall be in English and the venue of arbitration shall be

Bangalore, India.

As per RFP.

268 Change Order Clause not present in RFP Either party may request a change order (“Change Order”)

in the event of actual or anticipated change(s) to the

agreed scope, Services, Deliverables, schedule, or any

other aspect of the Statement of Work/Purchase Order.

Wipro will prepare a Change Order reflecting the proposed

changes, including the impact on the Deliverables,

schedule, and fee. In the absence of a signed Change

Order, Wipro shall not be bound to perform any additional

services.

As per RFP.

269 Deemed

Acceptance

Clause not present in RFP Products/Services and/or deliverables shall be deemed to

be fully and finally accepted by Customer in the event

when Customer has not submitted its acceptance or

rejection response in writing to Wipro within 15 days from

the date of installation/commissioning or when Customer

uses the Deliverable in its business, whichever occurs

earlier. Parties agree that Wipro shall have 15 days time to

correct in case of any rejection by Customer.

As per RFP.

270 ERV Clause not present in RFP “It is agreed that the price quoted is arrived at based on the

exchange rate of 1 USD = INR ___ (“Base Exchange

Rate”). In the event the Base Exchange Rate either

increases or decreases by percentage points greater than

two per cent [2%], the prices shall be charged as per the

then current exchange rate.”

As per RFP

271 Force Majeure Wipro is not responsible for delays caused by the reasons

of strikes, changes in Government Regulations, labor

disputes, wars, acts of God or any other such reason

beyond its reasonable control.

As per RFP.

272 General In the resource list did not mentioned PM and Architect. Do the Client will be doing Project management and

Architecture of the application?

As per revised RFP

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273 General They did not specify which technology resource they

required

Clarification required As per RFP

274 General Do all the Development resource need to be deployed

Onsite?

Clarification required As per RFP

275 General Clarification required 1) There is very important component (State Health

Information Exchange) hidden in RFP which We have

raised in Pre-Bid meeting. Entire solution now has to be

Health exchange ready for data interoperability. Couple of

components of HIE is not covered under FRS (MPI and

Registry). Making this HIE component is not very

important at this stage but to make solution for Health

institutions exchange ready for HIMS, Telemed,

EMR/HER, PACS in future. Because this HIE is very Big

component to increase the cost. Recently MoH rolled out

one RFP “IHIP” for National Health Exchange which was

somewhere 150CR. If you want State Health exchange to

be part of this RFP then please increase the Budget to

30CR. Keeping all the Components (HMS, Telemedicine,

PACS cum Teleradiology and HIE), There is extra Cost

involved to done during rollout e.i. ·

* Instrument interfacing in Lab (Pathology) (Physically one

person has to go and do this onsite, ·

PACS Integration physical one has to go on site and

do it,

· Onsite support in case of Telemedicine setup

because it is client server architecture)

As per RFP

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276 General Clarification required 2) Since Rajasthan state wanted to built entire Health

Information ecosystem keeping Patient in center and

patients services, to reduce TAT of service and increase

the reachability with quality health service. So Here we

pointed out a very important component i.e. PACS cum

Teleradiology which will not only store Radiology Image’s

(DICOM) but also enable Doctors to do remote reporting

and viewing image from anywhere in the world. This will

reduce current TAT for patients who comes from remote

place for treatment can able to get the report and consult

with doctor on same day. Also our point is to aggregate all

DICOM images from every health institutions(PHC, CHC,

District Hospitals and Specialty Hospitals) wherever

Rajasthan state health has Modality (MRI, CT, X-Ray

etc…) Because PACS is the application which pull images

from all Modality after integration with Modality

workstations and enhance the capability to store Medical

images for long time(8-10yrs, based on storage capacity)

which not only give Health Institutions to reprint report from

system but also help Clinician to retrieve image anytime

and exchange image with any other body in world. This will

soon cover under regulation that every health institutions

has to maintain medical image for certain defined period

(passive and active). Also for medical research and

education purpose if we get central PACS for Rajasthan.

Point number two In Current scenario all hospitals are

storing images in Modality work stations not in central

PACS server and if Clinician want to see X-Ray and MRI of

same patient he can’t and never can until all image get

stored in Central storage (PACS).

Point number three is if we going to keep Centralised

PACS (RajCom – DC) in that scenario we need to

calculate Number of Modalities with per day volume of test,

As per RFP

277 General Clarification required 3) Telemedicine is asked in Client server architecture

….why not in the same architecture of HMS. It should be

available in Mobile as well for doing teleconsulting. But

there is no scope defined for Mobile teleConsultancy.

Yes telemedicine is software

based and even can run on a

mobile and not hardware

based

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278 General Clarification required 4) There is an additional component for training of 300 at

Jaipur for ToT. Total Training personnel will be 5000

resources. It also speaks that local trainers will be

available across Rajasthan. Do we have to provide the

Food, Snacks tea and Stationary during the interaction at

remote locations as well? What is the breakup of the

same. Who will provide space and other requirements for

training in remoter areas.

As per revised RFP

279 General We need Clarification on Number of Users to be trained,

as per Financial Form, users count is 5000. Need clarity on

this

As per revised RFP

280 General We need clarity on Number of Centres the solution has to

be rolled out across the Rajasthan

As per RFP

281 General Need clarity on Number of Telemedicine Spokes/Hubs, in

the Tender document there is requirement for 2 Sets of

Telemedicine Devices

It is a web based solution

with enterprise wide

resources hence, there is no

restriction in joining of

entities.

282 General Need clarity on the Deployment of Manpower and

associated SLAs. Can we propose our own Resource

model for both Implementation and Support?

As per RFP

283 General Need clarity on Hardware/ Infrastructure, Do we need to

provide specifications and quotations for required

Hardware/Infrastructure?

As per RFP

284 General Need clarity on Mobile Application? Client is expecting

Web based application along with Mobile application. Do

we need to cover all the below modules as mentioned in

Page No

As per revised RFP

285 General Please specify the required quality for VC system. It is

suggested that System should support latest Video

Conferencing resolutions i.e 4k which is very important in

telemedicine application

Telemedicine shall be

software based and not

hardware based and shall be

able to run on minimal

bandwidth

286 General Request for extension in timelines of submission date As per revised RFP

287 General Is the bidder expected to provide centralized application or

the hospital/ remote side rollout is also included in the

scope? Please confirm.

The bidder is expected to

provide centralized

application. Roll-out will be

responsibility of RISL / M&H

Dept & ME Dept

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288 General Hardware for PACS 1. Generally, having a local caching server (having both

compute as well as storage facility for 1-3 months) at the

hospital / Healthcare centres with Radiology / Cardiology

modalities is advisable to improve performance. If this is

required, please specify whether this hardware will be

provided to the bidder during implementation.

2. The following details will be helpful to determine storage

requirement for PACS images: Complete list of all

modalities in each Healthcare Center, average number of

scans done on each modality type.

As per RFP

289 General Application Sizing Production sizing for the solution will be provided by the

Bidder.

What is the current hardware infrastructure allocated in

Data center for this particular project

As per RFP

290 Non Hire Clause Clause not present in RFP Customer acknowledges that personnel to be provided by

Wipro represent a significant investment in recruitment and

training, the loss of which would be detrimental to Wipro’s

business. In consideration of the foregoing, Customer

agrees that for the term of this Agreement and for a period

of one year thereafter, Customer will not directly or

indirectly, recruit, hire, employ, engage, or discuss

employment with any Wipro employee, or induce any such

individual to leave the employ of Wipro. For purposes of

this clause, a Wipro employee means any employee or

person who has who has been involved in providing

services under this Agreement.

As per RFP

291 Pass Through

Warranty

Clause not present in RFP Wipro shall “pass-through” any and all warranties and

indemnities received from the manufacturer or licensor of

the products and, to the extent, granted by such

manufacturer or licensor, the Customer shall be the

beneficiary of such manufacturer’s or licensor’s warranties

and indemnities. Further, it is clarified that Wipro shall not

provide any additional warranties and indemnities with

respect such products.

As per RFP

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292 Penalty Cap Clause not present in RFP Nothing withstanding anything contained here, including

annexures etc, the maximum aggregate penalty against

the bidder for all claims, by which ever name so called,

shall be limited to 3% of the respective SOW/PO and shall

be in lieu of all available remedies. Also, Wipro does not

agree to any form of risk purchase.

As per RFP

293 SNR Clause not present in RFP Customer hereby agrees to make the site ready as per the

agreed specifications, within the agreed timelines.

Customer agrees that Wipro shall not be in any manner

be liable for any delay arising out of Customer's failure to

make the site ready within the stipulated period, including

but not limited to levy of liquidated damages for any delay

in performance of Services under the terms of this

Agreement. In case the SITE is not ready for a continious

period of 30 days, milestone payment related to installation

will be released to vendor based on the SNR report, also if

there is any additional warranty cost due to continious site

not readiness for 30 days, same will be borne by the

customer

As per RFP

294 Tax Clause not present in RFP The fees chargeable by Wipro are stated exclusive of all

taxes, duties and levies imposed by any government body.

Company shall be liable and will pay for all applicable tax

liabilities such as sales, services, use or value added

taxes, but specifically excluding employment related taxes

concerning Wipro personnel and corporate taxes based on

Wipro’s net income. If Company claims exemption from

any taxes resulting from this Agreement, then Company

will promptly provide Wipro with the relevant

documentation to avail of such exemption including

required certificates, if any, from the relevant taxing

authorities.

As per RFP

295 Upgrades/Enhanc

ements

Clause not present in RFP Notwithstanding anything to the contrary in the RFP, any

requirement by Purchaser of any upgrade/enhancement

shall be provided by the Successful Bidder at an additional

cost to Purchaser and the same shall be done through a

Change Order.

As per RFP

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296 Bidder shall be reimbursed for payment of any statutory

duty/tax/levy including interest and/or new taxes or an

increase in the rates of existing taxes or any other sum, if

any payable in respect of any sales tax and/or any other

state or central levy. This will apply retrospectively, if so

applicable upon Bidder.

As per RFP.

297 10 2.1 Government of Rajasthan has taken a decision to

design and launch a comprehensive Health

Management System for capturing data on health and

health-related events and parameters. This

comprehensive Health Management System will be a

superset of Hospital Management System and will

ensure capturing health related data and events of a

person in the form of an Electronic Health Record. The

project also aims to build a telemedicine and PACS

solution

RISL has been given the task of getting an integrated

patient centric application platform which enables

hospitals, physicians, laboratories, pharmacies, and

other health services providers to participate and deliver

faster, more accurate, safer, higher quality and less

redundant medical care to patients in the state. The

application would be used by any hospital of Rajasthan

(government or private), private Laboratories, private

Blood Banks and private Radio Diagnosis and Imaging

Centers as also research institutions

This mean that Existing HIS Application & database for

maximum no of Patients will have to be integrated with the

New EMR Application @ API level.

For which source Code & API with DB table details needs

to be shared with new Bidder at the time of Design itself

Request GOR to share the feasibility & transparency of

sharing API & Design details of exiting HIS Platform

Request GOR to share the standard coding system used

for clinical data by existing HIS Applications ( eg.

SNOMED CT, ICD-10 etc ) & LOINC or Laboratory

Interface.

As per RFP

298 31 4.3.15 Note- No open source / freeware shall be allowed Requesting to broaden the development stack and not limit

to Oracle only. Govt of India DEITY is promoting usage of

Open source tools and many states have heath systems

on open source systems. This will reduce the overall cost

of the project

As per RFP

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299 41 Criteria 1.3 - The bidder or any one of the consortium

members must possess valid certification of

CMMI Level 3 or above as on last date of

bid submission

· CMMI Level 5 : 10 Marks

· CMMI Level 3 : 07 Marks

We propose the following:

Criteria 1.3 - The bidder or any one of the consortium

members must possess valid certification of

CMMI Level 3 or above as on last date of

bid submission

CMMI Level 5 : 10 Marks

CMMI Level 3 : 07 Marks

ISO 9001 : 05 Marks

ISO 27001: 03 Marks

If an organization has multiple certifications, the

certification having the highest marks will be awarded to

the organization

As per RFP

300 20-24 4.3 — What are the platforms of the (i) Bhamashah Database

Hub, (ii) UIDAI Database Hub, (iii) e-Aushadhi, (iv) e-Mitra,

(v) Bhamashah Swasthya Bima Yojana, (vi) e-Vault, (vii)

State GIS application and (viii) e-Health Card/ Arogya

Rajasthan

— Volume of legacy data for migration

— Detail knowledge of the above existing application

should be given

— How the clinical information to be stored; manual or

software driven

— What if the Patient has no entry in the existing system?

— In case there is connectivity issue, what should be the

mode of data updation in the central db

— What are the different modules in the new app?

As per revised RFP

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