Request for Proposal (RFP) -...

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Tender for the Procurement of Global Positioning System (GPS) based Mobile Phones Society for Promotion of Information Technology and e-Governance Page 1 Request for Proposal (RFP) For The Procurement of Global Positioning System (GPS) based Mobile Phones RFP No. DIT-F (11)5/2003-Vol-III

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Tender for the Procurement of Global Positioning System (GPS) based Mobile Phones

Society for Promotion of Information Technology and e-Governance Page 1

Request for Proposal (RFP)

For

The Procurement of Global Positioning System (GPS) based

Mobile Phones

RFP No. DIT-F (11)5/2003-Vol-III

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Member Secretary (EC), SITEG Department of Information

Technology 24, SDA Complex, Kasumpti, Shimla-171009

Table of Contents

Contents Table of Contents .......................................................................................................................................... 2

1. INVITATION FOR BIDS ............................................................................................................................ 4

1. INTRODUCTION .................................................................................................................................... 5

2. OBJECTIVE……………………………………………………………………………………………………………………………………….5

3. SPECIFICATIONS FOR GPS BASED MOBILE PHONES ............................................................................. 6

4. INSTRUCTIONS TO BIDDERS ................................................................................................................. 6

4.1 DEFINITIONS .................................................................................................................. ……….7

4.2 COST OF THE TENDER DOCUMENT ........................................................................................ 7

4.3 SCHEDULE OF TENDER .......................................................................................................... 7

4.4 PROCEDURE FOR SUBMISSION OF BIDS ................................................................................. 8

4.5 EARNEST MONEY DEPOSIT (EMD)…………………………………………………………………………………..….10

4.6 COSTS INCURRED WITH TENDERING .................................................................................... 11

4.7 AMENDMENT IN TENDER DOCUMENT ................................................................................. 11

4.8 LANGUAGE OF BIDS ............................................................................................................ 11

4.9 BID CURRENCY ...................................................................................................................... 11

4.10 VALIDITY ............................................................................................................................... 12

4.11 DEADLINE FOR SUBMISSION OF BIDS…………………………………………………………………………………12

4.12 PRE-BID MEETING ……………………………………………………………………………………………………………..12

4.13 LATE BIDS ………………………………………………………………………………………………………………………….12

4.14 MODIFICATIONS & WITHDRAWAL ...................................................................................... 12

4.15 BID EVALUATION PROCESS ................................................................................................. 13

5. ELIGIBILITY CRITERIA FOR THE BIDDER ............................................................................................. 15

5.1 GENERAL ............................................................................................................................ 15

5.2 SCOPE OF WORK ................................................................................................................. 17

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6. TERMS AND CONDITIONS OF THE TENDER ...................................................................................... 18

6.1 GENERAL CONDITIONS ........................................................................................................ 18

6.2 PURCHASER'S RIGHT TO REJECT ANY / ALL BIDS .................................................................. 18

6.3 BID REJECTION CRITERIA ...................................................................................................... 19

6.4 DELIVERY PERIOD & INSTALLATION ...................................................................................... 20

6.5 RECOVERIES FROM SUPPLIER/ SELECTED BIDDER……………………………………………………………..20

6.6 RESPONSIBILITIES OF THE BIDDER ........................................................................................ 20

6.7 SCHEDULE OF PAYMENT ....................................................................................................... 20

6.8 RATES ................................................................................................................................... 21

6.9 MODIFICATION IN THE ORDER…………………………………………………………………………………….21

6.10 SUBCONTRACT…………………………………………………………………………………………………………….21

6.11 SPECIFICATIONS…………………………………………………………………………………………………………..22

6.12 PENALTIES ........................................................................................................................... 22

6.13 TAXES AND DUTIES ............................................................................................................. 22

6.14 PERFORMANCE GUARANTEE.............................................................................................. 22

6.15 INSURANCE ......................................................................................................................... 23

6.16 INDEMNITY ......................................................................................................................... 23

6.17 CONFIDENTIALITY ............................................................................................................... 24

6.18 FORCE MAJEURE DURING THE PENDENCY ......................................................................... 24

6.19 ARBITRATION ...................................................................................................................... 25

6.20 JURISDICTION OF COURTS ................................................................................................. 25

7. PRELIMINARY SCRUTINY ................................................................................................................... 25

8. FORMAT FOR COMMERCIAL OFFER ................................................................................................... 25

9. TRANSPORTATION…………………………………………………………………………………………………………………………25

10. SIGNING OF THE BID ........................................................................................................................... 25

11. COSTS OF PREPARATION & SUBMISSION OF BID ............................................................................... 26

12. CONFIDENTIALITY OF THE BID DOCUMENT ....................................................................................... 26

13. OWNERSHIP AND RETENTION OF DOCUMENTS ................................................................................ 26

14. PERFORMA A, B, C & D………………………………………………………………………………………………………………….27

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INVITATION FOR BIDS

S. No. Key Activities Date

1. Sale of Tender 12/08/2013

2.

Last date of receiving queries from

bidders 27/08/2013

3. Pre-Bid Meeting 31/08/2013

4. Corrigendum 06/09/2013

5. Last date of submission of document 13/09/2013

6. Opening of Bids 16/09/2013

7. Tender Download Site www.himachaldit.gov.in

8. Contact Details Member Secretary (EC), SITEG, Department

of Information Technology, Block No.24, SDA

Complex, Shimla-171009

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1. INTRODUCTION

Aryabhatta Geo-informatics and Space Application Centre (AGiSAC) has been setup by the Government

of Himachal Pradesh to facilitate use of spatial and geo-spatial technologies for the planning and

development activities in the state and has developed geo-informatics system for the various

departments. The view of setting of AGiSAC is that all the relevant departments would make use of

geo-informatics based decentralized applications and decision making in their functioning and to

undertake monitoring and evaluation of Government Schemes and programmes using geo-informatics

applications and hence it is an endeavor to instutionalize geo-informatics applications in Himachal

Pradesh.

In view of the above, SITEG, Department of Information Technology, Government of Himachal

Pradesh invites sealed tenders for the procurement of Global Positioning System (GPS) based mobile

phones for the mobile based GIS web applications developed by AGiSAC.

2. OBJECTIVE

The web application (GPS based) developed by AGiSAC is being accessed over internet through mobile

and for the same purpose AGiSAC requires GPS based mobile phones with Java support. The

procurement of GPS based mobile phones approved by the Government for various departments is as

under:

Sr.No. Department Requirement of Mobiles

1 Rural Development 77

2 Public Works Department 15

3 Irrigation and Public Health 10

4 Forest 100

5 Town & country planning 10

6 Environment 25

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3. SPECIFICATIONS FOR GPS ENABLED MOBILE PHONES

Following are the desired specifications for the GPS enabled mobile phones:

Item Features

Operating System Android/ Windows/ Symbian/ Bada/ Java/ ios

Internal Memory At least 40 MB

Display Type: Capacitive Touch Screen Size: 3.5 inch, 320 x 480 pixels resolution

or Keypad (Optional): screen size must be 2 inch

Camera Minimum 2 Mega Pixel

GPS GPS with A-GPS support

Network Minimum 2G

GPS Accuracy +/- 15 meters

Battery 1200 mAh

Stand by: upto 240 h

Talk time: upto 4 h

4. INSTRUCTIONS TO BIDDERS

The Bidder is expected to have read and examined all the instructions, forms, terms and specifications

in the Tender Document with full understanding of its implications. Failure to furnish all information

required in the Tender Document or submission of a bid not substantially responsive to the Tender

Document in every respect will be at the Bidder's risk and may result in outright rejection of the bid.

The Bidders are advised to strictly adhere to the Performa provided for that purpose in this document.

Any deviation in this matter will lead to disqualification of the Tender.

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4.1 DEFINITIONS

The following definitions shall govern for the respective terms as hereinafter mentioned in this Document:

SITEG: Society for Promotion of IT and e- Governance,

Department of Information Technology, Shimla, H.P.

Bidder: The prospective tenderer who has submitted the

tender fee and intends to offer the goods and

services mentioned in this document.

Original Equipment Manufacturer (OEM): Original equipment manufacturer in case of hardware

and original developer in case of software.

AGISAC: Aryabhatta Geo-informatics and Space Application

Centre

4.2 COST OF THE TENDER DOCUMENT

The Bidder shall deposit Rs.10,000 (Rupees Ten Thousand Only) in the form of a Demand Draft favoring

Member Secretary (EC) as the cost of the tender document along with the forwarding letter from the

Bidder giving its address & contact details. Payment made through any other mode will not be

accepted and decision of the SITEG in this regard shall be final, conclusive and binding on the Bidder.

4.3 SCHEDULE OF TENDER

4.3.1 The Tender Document will be available for purchase from the SITEG, Department of Information

Technology, Shimla, H.P as per details mentioned in "INVITATION FOR BIDS".

4.3.2 Bids will be accepted as per details mentioned in "INVITATION FOR BIDS". The SITEG may at their

discretion extend the bid submission date. Incase, there is any change in the schedule, it will be

notified on the official web site of Department of Information Technology i.e. at himachaldit.gov.in

4.3.3 The Qualification Bids will be opened as per details mentioned in "INVITATION FOR BIDS". The

Bidders or their authorized representatives may be present, if they desire.

4.3.4 The Commercial Bids of only technically qualified Bidders will be opened at a date announced by

the SITEG and/or the Consultant at the time of opening of the Qualification Bids. The Bidders who

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have been declared eligible after evaluation of the Qualification bids or their authorized

representatives may be present, if they desire.

4.3.5 The address for all the above activities is:

SITEG, Department of Information Technology,

STPI Building, Block No. 24,

SDA Complex, Kasumpti, Shimla-171009.

4.3.6 Clarification regarding Tender Document: A prospective Bidder requiring any clarification about the

Tender Document may request the Purchaser in writing by Fax/ E-Mail/ Speed post at the

Purchaser's address indicated in the Invitation for Bids. An envelope containing request for

clarification or any other correspondence regarding this Tender sent by post must be super scribed

clearly by the words "Immediate: Tender for the procurement of GPS based mobile phones"". The

Purchaser will respond in writing, only to such requests for clarification, which it receives as per

details mentioned in "INVITATION FOR BIDS". Written copies of the Purchaser's response to the

query (without identifying its source) will be sent to all the prospective Bidders who have

purchased the Tender Document on the date when clarification is issued. Such clarifications will be

binding on all the Bidders. However, the Purchaser will not be responsible for non-receipt of a

clarification, due to transmission loss/ delay or any other reason.

4.4 PROCEDURE FOR SUBMISSION OF BIDS

It is proposed to have a seven cover system (envelope) for this tender.

a) Tender fee of Rs.10,000 only.

b) Earnest Money Deposit of Rs.2 Lacs only.

c) Eligibility/ Technical Qualification Bid.

d) Commercial Bid.

e) First Copy of Eligibility Bid (Photo copy of unmodified eligibility bid (exact replica) but duly

signed and sealed)

f) First Copy of Commercial Bid (Photo copy of unmodified commercial bid (exact replica) but

duly signed and sealed)

Sealed Tenders are invited in two parts:

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1. ELIGIBILITY CUM TECHNICAL BID:

In support of his eligibility cum technical bid, a Bidder must submit the relevant documents

strictly in accordance with Performa B marked with page numbers.

2. COMMERCIAL BID:

The Commercial Bid shall consist of:

(i) Price Bid in Proforma D.

(ii) The rate quoted by bidder should be FOR in Shimla.

(iii) Price Bid should include AMC charges for all items. The Bidder should quote for 5 years'

warranty after making his own assessment in association with the ASP/ OEM. The rates

quoted by him will be used for comparing the bids.

Technical Bid as Envelope-1 and Commercial Bid as Envelope-2 put together in separate sealed

Envelope 3 marked "Tender for the Procurement of Global Positioning System (GPS) based Mobile

Phones".

I. Eligibility Bid - (Envelope-1) in one cover.

II. Commercial Bid - (Envelope-2) in one cover.

Each copy of Eligibility Bid and single copy of Commercial Bid of the Tender should be covered in

separate sealed covers super-scribed "Eligibility Bid" and "Commercial Bid" respectively. Each copy of

Eligibility bid should also be marked as "Original" and "Copy" as the case may be. The copy of Eligibility

Bid should be put in a separate sealed cover super scribed "Eligibility Bid" and Commercial bid shall be

put in a separate cover super-scribed "Commercial Bid". Please note that prices should not be

indicated in the Eligibility Bid and should only be indicated in the Commercial Bid.

The two envelopes containing two copies of Eligibility Bid and original copy of Commercial Bid shall be

super scribed with Tender Number and the wordings "DO NOT OPEN BEFORE" Time and Date ....... and

shall be put in another single sealed envelope duly sealed and clearly marked "Tender for the

Procurement of Global Positioning System (GPS) based Mobile Phones".

The cover thus prepared should also indicate clearly the name, address, telephone number, E-mail ID

and fax number of the Bidder.

Each copy of the tender should be a complete document and should be bound as a volume. The

document should be page numbered and appropriately flagged and must contain the list of contents

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with page numbers. Any deficiency in the documentation may result in the rejection of the Bid.

In case of any discrepancy observed by the Nodal Agency in the contents of the submitted original

paper bid documents with respective copies, the information furnished on original paper bid

document will prevail over others.

Bidder must ensure that Eligibility Bid do not contain any Financial information.

Telex/Telegraphic/Tele-fax bids will not be considered. All out-station bids, if sent by post, should be

sent through registered post/Speed post/Courier only.

If the outer envelope is not sealed and marked as indicated above, the Nodal Agency will assume no

responsibility for the bid's misplacement or premature opening.

4.5 EARNEST MONEY DEPOSIT:

I. The Bidder shall furnish, as part of its bid, bid security of an amount equal to Rs.2,00,000/-

(Rupees Two Lakhs Only). The bid security is required to protect the SITEG against the risk of

Bidder' conduct.

II. The bid security shall be denominated in the INDIAN RUPEES only and shall be in the form of a

Demand Draft, payable to the Member Secretary (EC), SITEG. Any bid not secured in accordance

with the above will be rejected as non-responsive. Unsuccessful Bidders' bid security will be

returned as promptly as possible but not later than 30 days after the expiration of the period of

bid validity prescribed by the SITEG.

III. The successful Bidder's bid security will be discharged upon the Bidder signing the Contract and

furnishing the performance Guarantee.

IV. The EMD may be forfeited:

a) If a Bidder withdraws his bid or increases his quoted prices during the period of

bid validity or its extended period, if any; or

b) In the case of a successful Bidder if the Bidder fails to sign the Contract for any

reason not attributable to the State Nodal Agency or to furnish Performance Bank

Guarantee within specified time in accordance with the format given in the RFP.

c) During the bid process, if a Bidder indulges in any such deliberate act as would

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jeopardize or unnecessarily delay the process of bid evaluation and finalization.

The decision of the Nodal Agency regarding forfeiture of the Bid Security shall be

final & shall not be called upon question under any circumstances.

d) If more than one bid's are submitted by same organization/ other divisions of

same organization. In such a scenario Nodal Agency reserves the right to

disqualify the bids and forfeit the EMD.

e) During the bid process, if any information provided by the Bidder to the Nodal

Agency is found false / manipulated / hidden in the bid. The decision of Nodal

Agency regarding forfeiture of the Bid Security and rejection of bid shall be final &

shall not be called upon question under any circumstances.

4.6 COSTS INCURRED WITH TENDERING

The Bidder shall bear all costs associated with the preparation and submission of its Bid, including

cost of presentation for the purposes of clarification of the Bid, if so desired, the SITEG will in

no case be responsible or liable for those costs, regardless of the conduct or outcome of the

Tendering Process.

4.7 AMENDMENT IN TENDER DOCUMENT

4.7.1 At any time upto the last date of receipt of Bids, the SITEG may, for any reason, whether at its

own initiative or in response to a clarification requested by a prospective Bidder, modify the

Tender Document by an amendment. All such amendments shall be uploaded to the website of

the Department of Information Technology and shall be binding on all the Bidders.

4.7.2 In order to afford prospective Bidders reasonable time to take the amendment into account in

preparing their Bids, the SITEG may, at its discretion, extend the last date for the receipt of Bids.

4.8 LANGUAGE OF BIDS

The Bids prepared by the Bidder and all correspondence and documents relating to the Bids exchanged

by the Bidder and the SITEG, shall be written in the English Language, provided that any printed

literature furnished by the Bidder may be written in another language so long as it is accompanied by

an English translation in which case, for purposes of interpretation of the Bid, the English translation

shall govern.

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4.9 BID CURRENCY

The Prices in the bid document shall be expressed in Indian Rupees only.

The contract price shall be paid in Indian rupees.

4.10 VALIDITY

Bids shall remain valid for 180 days from the last date of submission. The Bidders may be required to

give consent for the extension of the period of validity of the bid beyond initial 180 days, if so desired

by the SITEG in writing or by fax. Refusal to grant such consent would result in rejection of bid without

forfeiture of the EMD. However any extension of validity of bids will not entitle the Bidder to revise

/modify the bid. The decision of the SITEG in this behalf will be final, conclusive and binding on the

Bidder.

4.11 DEADLINE FOR SUBMISSION OF BIDS

Bids will be received by the Purchaser at the specified address not later than 5:00 pm on

13/09/2013.

The Purchaser may, at its discretion, extend this deadline for any administrative reason.

Bids submitted after the prescribe time will not be taken in account in the offer submitted by the

Bidder.

4.12 PRE-BID MEETING

Pre-bid meeting of the bidders will be held on 31/08/2013 at 11:00 am. Only those persons who have

purchased the RFP document shall be allowed to participate in the Pre-Bid meeting. During the

course of the pre-bid meeting, the bidders will be free to seek clarification and make suggestions

for consideration of the tender.

4.13 LATE BIDS

Any bid received by the Purchaser after the deadline for submission of bids prescribed by

the Purchaser, as per clause 4.11 will be rejected.

4.14 MODIFICATIONS & WITHDRAWAL

The bid submitted may be withdrawn or resubmitted before the expiry of the last date of submission

by making a request in writing to the Member Secretary (EC), SITEG to this effect. No Bidder shall be

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allowed to withdraw the bid after the deadline for submission of bids.

4.15 BID EVALUATION PROCESS

4.15.1 Bid evaluation process will be as follows:

i. The Bids shall be opened at 16/09/2013 or on any other later day and time fixed in the

Conference Hall, SITEG, 24, SDA Complex, STPI Building, Kasumpti, Shimla in the presence

of representatives of the Bidders who may choose to attend the proceedings. The

representatives of Bidders will sign a register in evidence of their presence.

ii. The prospective bidder must comply with general qualifications and eligibility criteria

mentioned below. In case the bidder does not fulfill the eligibility criteria, such bids will be

rejected and shall not be considered for further evaluation.

iii. In the first instance, envelopes super scribed with the words 'Eligibility Bid' only will be

opened, and eligibility of each Bidder will be ascertained. Commercial or Technical Bids of

only those Bidders shall be opened who are found to be eligible as per the criteria laid

down in clause.

iv. The envelopes containing Technical Bids of only the Eligible Bidders will be opened in the

presence of all Bidders or their authorized representatives.

v. In case, less than two participating bidders qualify on technical criteria, then the SITEG, at

its sole discretion, may qualify three (total) bidders on the basis of the lowest deviations

(only minor).The decision of SITEG in this regard shall be final and conclusive.

vi. The SITEG may, at its sole discretion, decide to seek more information from the bidders in

order to normalize the bids. However, bidders will be notified separately, if such

normalization exercise as part of the technical evaluation is carried out.

vii. Bidders who are shortlisted based upon technical criteria may be asked, if necessary, to

make a presentation/ demonstration on their product / solution at SITEG HO, at their own

cost. SITEG will finalize appropriate and suitable technologies on the basis of proposed

product / solution. SITEG in its best interest reserves the right to reject / modify the

proposed product / solution.

viii. All technically qualified bidders will be evaluated based upon their commercial offers. The

bidder offering lowest commercials will be considered as the successful bidder for award

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of contract. This commercial comparison shall be made based upon the technical proposal

of the Bidder.

ix. Opening of Bid Security: After various aspects are checked and the Bidder is found eligible

on the basis of techno-financial parameters, the envelope containing Bid Security shall be

opened. The Eligible Bidders who have given Bid Security also will be deemed to be

substantially Responsive for the purpose of opening Commercial Bid.

4.15.2 Evaluation and Comparison of Commercial Bids

i. The Bidders are required to complete their Commercial Bid in Performa-D. The bid value

must include all levies and duties including customs duty, excise duty, sales tax/VAT,

service tax etc. However it is preferred that OEM or their Authorized partner shall have

dump/depot in the state of Himachal Pradesh. If there is a reduction in any of the

statutory duties and levies before the dispatch of goods, the benefit of the same will be

passed on to the Purchaser.

ii. Price quoted in Performa-D will be treated as final amount and will be used for the

comparison of bid during financial evaluation.

iii. The Bidder shall not quote prices subject to any conditions. Bids containing any conditional

prices may be rejected or the Purchaser may take a final decision in its discretion about

such conditionality.

iv. Arithmetical errors will be rectified on the following basis: If there is a discrepancy

between the unit price and the total price that is obtained by multiplying the unit price

and quantity, the unit price shall prevail and the total shall be corrected. If the Bidder does

not accept the corrections of errors, its bid will be rejected. If there is any discrepancy

between word and figures, the amount in words will prevail.

4.15.3 Award Of Contract

i. Award of contract will be made to the lowest Bidder (L 1).

ii. Post Qualification: The lowest Bidder can be denied the right of continuing with the

contract, if the equipment being supplied by him, fails the standard performance

criteria. In such an event, the next lowest bidder (L-2) shall be considered.

iii. Notification of Award:

Prior to the expiry of the period of Bid validity, the Purchaser will notify the

successful Bidder in writing by speed post or Fax or email that his Bid has

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been accepted.

The liability of the supplier(s) to deliver the Goods and perform the services

will commence from the date of notification of Award. The Delivery Period

shall be counted from the date of 'Notification of Award of Contract'. The

"date of delivery" shall be the date on which the equipment /material is

received at the destinations.

Upon the successful Bidders' furnishing of performance security, the

purchaser will promptly notify each unsuccessful Bidder and will refund

their Bid Security.

iv. Signing of Contract: After the Purchaser notifies the successful Bidder(s) that his

'Bid' has been accepted, the Purchaser will sign an agreement (described as

Contract herein after) with the successful Bidder on mutually agreed terms for

efficacious implementation of the order. The Purchaser's liability of taking the

goods from the selected supplier (s) shall commence only from date of signing

the date of the Contract

5. TECHNICAL & ELIGIBILITY CRITERIA FOR THE BIDDER

Only those Bidders who fulfill the following General criteria are eligible to respond to the RFP.

Offers received from the bidders who do not fulfill all or any of the following eligibility criteria

are liable to be rejected.

5.1 General

S.No. Criteria Relevant Documents Required

1. 1 The bidder should be registered under

Indian Companies Act 1956

Registration Letter

2. 2 Detailed Profile of Company Relevant documents (Not more than 10 Pages)

3. 3 A Bidder should be manufacturer or

authorized distributor or large scale system

integrator of the required GPS based phones

systems/peripherals/software

Letter of Authorization and undertaking as per

Performa ‘B’ from the OEM

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4. 4 A Bidder should have minimum overall

turnover of Rs.1 Cr in each of last three

financial years (2010-11, 2011-12, 2012-13).

CA certified audited balance sheet of last three

years

5. 5 The Bidder (or his OEM) must be able to

establish his capability to execute this order

by showing satisfactory/ timely delivery of

GPS based mobile phones.

List of 3 such orders

6. 7 The Bidder can choose to have a separate

Authorized Service Provider (ASP). There is

no turnover criterion for the ASP but it

should provide the first level of OEM's

support which is fully backed up by the

O.E.M.

Letter of declaration is required in this regard

7. 8 The Bidder should already have reasonable

support base in this region (particularly in

Himachal Pradesh). The Purchaser's

discretion regarding reasonableness of

support base shall be final. It is clarified that

this clause pertains to only the existing level

of support. The actual support required to

implement this arrangement has been

described in the relevant section.

Details of service / support centres required for the

same. In case if bidder don't have such setup in

Himachal, bidder has to produce the undertaking

to establish a support base in Himachal exclusively

for this project

8. 10 Company should be in existence from more

than 5 years

Letter of establishment

9. 11 Benchmarking Report of the products (if any

) done by reputed organization regarding

overall performance of the product

Benchmarking reports

10. 12 Receipt of Rs. 10,000/- towards the cost of

the tender document.

11. 13

EMD as per clause 4.5

12. 14 Acceptability of all conditions contained in

the Tender Document by the Bidder.

Declaration in Performa 'A' by an authorized

signatory

5.1.1 Bidding firm/company should be in existence in India for minimum of five years as on

30.07.2013. The bidder should be registered under Indian Companies Act 1956.

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5.1.2 The Bidder Company should have a registered office & Service Tax, Sales Tax and VAT

Registration in Himachal Pradesh.

5.1.3 Annual Turnover of the bidder for the last three financial years (2010-11, 2011-12 and 2012-13) as

per the last published audited balance sheets), should be at least Rs. 1 Crore.

5.1.4 The bidder must have successfully supplied GPS based mobile phones to any state/central

government organization/PSU's (excluding Banks)/private firms only in India.

5.1.5 The net worth of the bidder in the last financial year, i.e. 2012-13 should be positive.

5.1.6 The bidder company should be in same line of business for past five years.

5.1.7 Bidder or the OEM should have not been black listed as of RFP issue date by the Central /any of

the State Governments in India or any Financial Institutions in India. An undertaking to this

effect must be submitted in their letter head.

5.1.8 The Bidder Company should have ISO/ equivalent standard.

5.1.9 Bidder must comply with all above-mentioned criteria. Non-compliance of any of the criteria will

entail rejection of the offer summarily. SITEG reserves the right to verify/evaluate the claims

made by the bidder independently. Any decision of SITEG in this regard shall be final, conclusive

and binding upon the bidder.

5.2 SCOPE OF WORK

i. SITEG desires to provide the Supply and Maintenance of Global Positioning System (GPS) mobile

phones for AGiSAC.

a) The successful bidder shall supply 250 (approx.) GPS based mobile phones to AGiSAC.

b) The Successful bidder shall supply and maintain the requisite number of GPS based mobile

phones at AGiSAC and provide warranty as per "Warranty" clause as specified in the RFP

requirement.

c) As a proof of delivery, the successful bidder shall submit delivery challans.

ii. Project Deliverables, Milestones & Time Schedule:

Sr.No. Project activity/ Scope of work Deliverables Timelines

1. Supply of 250 (approx.) GPS

based mobile phones for various

departments

Delivery challans of all the supplied

devices

T0+6

Weeks

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iii. WARRENTY

The bidder shall provide carry in onsite warranty support for 5 years. The selected bidder should

have service centres in Shimla to meet the SLA.

6. TERMS AND CONDITIONS OF THE TENDER

6.1 GENERAL CONDITIONS

6.1.1 Minimum validity of the Tender must be 45 days from the date of opening of the Tender.

6.1.2 SITEG reserves the right, not an obligation, to carry out the capability assessment of the Bidder

and pre dispatch inspections at the cost of the Bidder. The SITEGs decision shall be final in this

regard.

6.1.3 SITEG will neither provide nor shall pay any charges for boarding, lodging and transportation

facilities for the Bidder or their Representative.

6.1.4 The products/ services offered should strictly conform to the specifications given in the product

literature. The models proposed / marked for withdrawal from the market or models under

quality testing should not be offered.

6.1.5 In case the services/ products delivered or installed are not having the equipment and software as

specified in the Purchase Order, found in the testing by SITEG, the Bidder will have to replace the

service / product or upgrade it as per specifications in the purchase order. All the expenses in this

regard for transportation of equipment or for up-gradation shall be entirely borne by the Bidder.

6.1.6 It is implicit that the Bidder has guaranteed that all the equipment supplied is original & new

including all its components and as per the technical specifications. All the hardware and

software supplied is licensed and legally obtained in the name of SITEG.

6.2 PURCHASER'S RIGHT TO REJECT ANY / ALL BIDS

6.2.1 The SITEG reserves the right to accept or reject any bid in part/full or annul the bidding process

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

thereby incurring any liability to the affected Bidder(s) or any obligation to inform the affected

Bidder(s) of the ground for its action. Any decision of the SITEG in this regard shall be final,

conclusive and binding on the Bidders.

6.2.2 The SITEG in its best interest reserves the right to accept or reject any technology /make

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proposed by the Bidder without assigning any reason thereof.

6.2.3 The SITEG reserves the right to re-issue the tender and or any part thereof without assigning

any reason whatsoever, at the sole discretion of the SITEG. Any decision in this regard shall be

final, conclusive and binding on the Bidder(s).

6.2.4 The SITEG reserves right to give minor deviations to any or all of the Bidder(s) in the techno

commercial specifications of bid. Any decision of the SITEG in this regard shall be final and shall be

binding on the Bidder.

6.2.5 The SITEG reserves the right to issue Purchase Order in phases or to alter the quantities specified

in the offer. The SITEG also reserves the right to delete one or more items from the list of items

specified in offer. Any decision of the SITEG in this regard shall be final, conclusive and binding on

the Bidder.

6.3 BID REJECTION CRITERIA

The bid(s) will be rejected in case of any one or more of the following conditions:

6.3.1 Bids not substantive and in strict compliance with the Performa given in this document.

6.3.2 Bids not made in compliance with the procedure mentioned in this document.

6.3.3 Failure on part of the Bidder to provide appropriate information as required in the bid proposal or

any additional information as requested by the SITEG, including any supporting document.

6.3.4 Incomplete or conditional bids or bids that do not fulfill all or any of the conditions as specified in

this document.

6.3.5 Bids without earnest money deposit.

6.3.6 The submission of more than one bid under different names by one Bidder. If the same is found at

any stage, all the bids by that Bidder will be rejected.

6.3.7 Material inconsistencies in the information submitted.

6.3.8 Misrepresentations in the bid proposal or any supporting documentation.

6.3.9 Bid proposal received after the last date and time specified in this document.

6.3.10 Bids found in unsealed cover, unsigned bids, bids signed by unauthorized person and unsigned

corrections in the bids.

6.3.11 Bids containing erasures or overwriting except as necessary to correct errors made by the Bidder,

in which case such corrections shall be authenticated by the person or persons signing the bid.

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6.4 DELIVERY & INSTALLATION

6.4.1 Subject to the conditions of the contract, the delivery of the goods and completion of the

related services shall be in accordance with the delivery schedule specified in the bidding

document. The details of supply/shipping and other documents to be furnished by the

successful/selected bidder are specified in the bidding document.

6.4.2 The contract for the supply can be repudiated at any time by the purchase officer, if the supplies

are not made to his satisfaction after giving an opportunity to the bidder of being heard and

recording the reasons for repudiation.

6.4.3 The Supplier/selected bidder shall arrange to supply, delivery and commission the ordered

mobile phones /system as per specifications within the specified delivery/completion period at

various departments and/or their offices/locations mentioned in the PO/WO.

6.5 RECOVERIES FROM SUPPLIER/ SELECTED BIDDER

6.5.1 Recovery of liquidated damages, short supply, breakage, rejected articles shall be made ordinarily

from bills.

6.5.2 The Purchase Officer shall withhold amount to the extent of short supply, broken/damaged or

for rejected phones/ system unless these are replaced satisfactorily. In case of failure to withhold

the amount, it shall be recovered from his dues and performance security deposit available with

SITEG.

6.5.3 The balance, if any, shall be demanded from the Supplier/Selected Bidder and when recovery is

not possible, the Purchase Officer shall take recourse to law in force

6.6 RESPONSIBILITIES OF THE BIDDER

6.6.1 The Bidder shall supply and deliver the mobile phones to AGiSAC.

6.6.2 The Bidder must provide details of the support to be given to the SITEG. The Bidder, in this

respect is responsible for: installation, customization, parameterization, implementation,

maintenance, testing, commissioning and support.

6.7 SCHEDULE OF PAYMENT

6.7.1 No payment will be made in advance.

6.7.2 Payment shall be made to successful bidder only after the mobile phones are supplied and

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delivered at the desired locations by the purchaser with applicable rates given in Performa-D, no

other charges shall be payable.

6.7.3 On receipt of such invoice after verification by SITEG and after deducting Income Tax, other

taxes and any Penalties (as applicable), SITEG shall pay the amount within a period of 15

days from the date of receipt of the invoice and accompanying documents as provided here in

above.

6.8 RATES

The rates quoted shall remain firm throughout the period of contract and this contract will

remain valid upto the date of completion of the job by the Tenderer and shall not be subject to

any upward modification whatsoever. This includes the support period of five years also for the

services offered like maintenance etc.

6.9 MODIFICATION IN THE ORDER

i. The Purchaser may at any time, by written order given to the Supplier make changes

within the general scope of the Contract in anyone or more of the following:

the specifications of the Goods

the method of shipment or packing

the service to be provided by the Supplier

quantity of goods

Any other change that the purchaser may deem fit

ii. If any such change causes an increase or decrease in the cost of, or the time required

for, the Supplier's performance of any part of the work under the Contract, an

equitable adjustment shall be made in the Contract price or delivery Schedule, or both,

and the Contract shall accordingly be amended. Any claims by the Supplier for

adjustment under this clause must be put forth within 30 days from the date of the

Supplier's receipt of the Purchaser's change

6.10 SUBCONTRACT

The Supplier shall not assign in whole or in part, its obligations to perform under the

Contract, except with the Purchaser's prior written consent.

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The Supplier shall notify the Purchaser, in advance and in writing, of all Sub Contracts

awarded under the Contract if not already specified in his bid. Such notification, in his

original bid of later (even if with prior approval of Purchaser) shall not relieve the

Supplier of any liability or obligations under the Contract.

6.11 SPECIFICATIONS

The stores/goods / services to be supplied by the successful bidder against this tender

shall be in accordance with the minimum standards / specifications mentioned in the

tender clause: 3 of this document. The specifications may, however, improve in

keeping with latest technological trends at the time of bidding (and at shipment too

without any rise in price).

6.12 PENALTIES FOR DELAY IN DELIVERY & SUPPORT

6.12.1 Service Level Requirements

The selected bidder shall provide a standby system within 48 hours (not including holidays) of

similar or higher configuration when the fault is not rectifiable and device is to be taken out of

site for any such repair/replacement and all charges towards such as transportation, repair, and

replacement will be borne by the Bidder/ Tenderer.

6.12.2 Penalty for non-achievement of Service Level Requirements

A penalty of Rs.500/- per day per mobile phone (maximum up to purchase price of the mobile

phone) shall be imposed for downtime of respective device for a period beyond 48 hours after

lodge of complaint by the department (not including holidays) for all devices for which standby

has not been provided.

6.13 TAXES AND DUTIES

The Bidder shall be solely responsible for the payment of all taxes including VAT, duties, license

fees, octroi etc. incurred until completion of the project.

6.14 PERFORMANCE GUARANTEE

• Within 7 days of 'Issuance of Letter of Intent (LOI)', the Supplier shall furnish Performance

Security to the Purchaser @ 15% of the order value to ensure proper after- sales service

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during the comprehensive onsite warranty period.

• The proceeds of the Performance Security shall be payable to the Purchaser as compensation

for any loss resulting from the Supplier's failure to complete his obligations under the

Contract. The Purchaser may claim such compensation in addition to initiating any other legal

proceedings.

The Performance Security shall be given in one of the following forms:

An irrevocable and unconditional Bank Guarantee in favour of the Purchaser issued by a

Nationalized/ Scheduled bank in a format given by the Purchaser.

The Bank Guarantee will be valid for a period of 5 years and 6 months (extendable further

with the direction of the Purchaser, if the need arises) and will be provided in a format to

be given by the Purchaser. This Bank Guarantee will be released to the Supplier not later

than 30 days following the date of completion of the Supplier's performance related

obligations, under the Contract.

6.15 INSURANCE

SITEG will not pay for any insurance charges against loss or damage incidental to manufacture or

acquisition, transportation, storage and delivery etc. The insurance shall be purchased by the

Bidder, in an amount equal to the exact value of the goods up to the delivery at site on all risks

basis, including war Risks and strike clauses etc.

6.16 INDEMNITY

6.14.1 The Bidder shall, at their own expense, defend and indemnify the SITEG against all third party

claims or infringement of intellectual Property Right, including Patent, trademark, copyright,

trade secret or industrial design rights arising from use of the unaltered proprietary products or

any part thereof in India or abroad.

6.14.2 The Bidder shall expeditiously extinguish any such claims and shall have full rights to defend itself

there from. If the SITEG is required to pay compensation to a third party resulting from such

infringement, the Bidder shall be fully responsible therefore, including all expenses and court and

legal fees.

6.14.3 SITEG will give notice to the Bidder of any such claim without delay, provide reasonable assistance

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to the Supplier in disposing of the claim, and shall at no time admit to any liability for or express

any intent to settle the claim.

6.14.4 The Bidder shall grant to the SITEG a fully paid-up, irrevocable, non-exclusive license throughout

the territory of India or abroad to access, replicate and use of all the software supplied by the

Bidder, including-all inventions, designs and marks embodied therein in perpetuity for their own

use.

6.17 CONFIDENTIALITY

6.17.1 The Bidder shall not, and without the SITEG's prior written consent, disclose the contract or any

provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by

or on behalf of the SITEG in connection therewith to any person other than a person employed by

the Bidder in the performance of the contract. Disclosure to any such employed person shall be

made in confidence and shall extend only as far as may be necessary for purposes of such

performance.

6.17.2 The Bidder shall not without the SITEG's prior written consent, make use of any document or

information.

6.17.3 Any document other than the contract itself shall remain the property of the SITEG and shall be

returned (in all copies) to the SITEG on completion of the Bidder's performance under the

contract if so required by the SITEG.

6.18 FORCE MAJEURE DURING THE PENDENCY

During the pendency of the contract if the performance in whole or part thereof by either party is

prevented/ delayed by causes arising due to any war, hostilities, civil commotion, act of public

enemy, sabotage, fire, floods, explosion, epidemics, non-availability of raw material, and other

consumables, or any other causes including breakdown of equipment beyond their reasonable

control neither of the two parties shall be made liable for loss or damage due to delay or failure

to perform the contract during the pendency of forced conditions provided that the happenings

are notified in writing within 7 days from the date of occurrence. The work shall be resumed

under the contract as soon as possible after resumption of normalcy.

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6.19 ARBITRATION

All disputes, differences, claims and demands arising under or pursuant to or touching the

contract shall be referred to the sole arbitrator to be appointed by the Member Secretary (EC),

SITEG, Shimla, H.P. The award of the sole arbitrator shall be final and binding on both the parties

under the provisions of the Arbitration and Conciliation Act, 1966 or by statutory modification/re-

enactment thereof for the time being in force. Such arbitration shall be held at Shimla.

6.20 JURISDICTION OF COURTS

In all matters and disputes arising there under, the appropriate Courts at Shimla, or any

competent court in H.P. only shall have the jurisdiction to entertain and try them.

7. PRELIMINARY SCRUTINY

SITEG will scrutinize the offers/bids to determine whether they are complete, whether any errors

have been made in the offer/bid, whether required technical documentation has been furnished,

whether the documents have been properly signed, and whether items are quoted as per the

schedule.

8. FORMAT FOR COMMERCIAL OFFER

The commercial offer should be quoted in Indian Rupees as per the format given in Performa-D.

9. TRANSPORTATION

• The entire cost of carriage/transportation from the port of discharge to the destination

shall be borne by the Supplier.

• Where the Supplier is required to effect delivery to some other address within Himachal

Pradesh, the supplier shall be required to meet all transport and storage expenses until

delivery is completed.

10. SIGNING OF THE BID

The bid shall be signed by a person or persons duly authorized by the Bidder with signature duly

attested. In the case of a body corporate, the bid shall be signed by the duly authorized officers.

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11. COSTS OF PREPARATION & SUBMISSION OF BID

The bidder shall bear all costs for the preparation and submission of the bid. SITEG shall not be

responsible or liable for reimbursing/compensating these costs, regardless of the conduct or

outcome of the bidding process. The bidder shall certify that the solution offered is complete in

all respects. In case any of the component required for the completion of the project is found

missing, the same will be treated as included in the solution and no cost will be charged.

12. CONFIDENTIALITY OF THE BID DOCUMENT

The bidder, irrespective of his/her participation in the bidding process, shall treat the details of

the documents as secret and confidential.

13. OWNERSHIP AND RETENTION OF DOCUMENTS

SITEG shall own the documents, prepared by or for the selected bidder arising out of or in

connection with the Contract. Forthwith upon expiry or earlier termination of the Contract and at

any other time on demand by SITEG, the Vendor shall deliver to SITEG all documents provided by

or originating from SITEG and all documents produced by or from or for the Vendor in the course

of performing the Service(s), unless otherwise directed in writing by SITEG at no additional cost.

The bidder shall not, without the prior written consent of SITEG Store, copy, distribute or retain

any such Documents. The bidder shall preserve all documents provided by or originating from

SITEG and all documents produced by or from or for the bidder in the course of performing the

Service(s) in accordance with the legal, statutory, regulatory obligations of SITEG in this regard.

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P R O F O R M A – A

D E C L A R A T I O N R E G A R D I N G A C C E P T A N C E O F T E R M S & C O N D I T I O N S C O N T A I N E D

I N T H E T E N D E R D O C U M E N T

To,

The Member Secretary,

Society for Promotion of Information Technology and e-governance,

STPI Building,

24, SDA Complex,

Kasumpti,

Shimla.

Sir,

I have carefully gone through the Terms & Conditions contained in the Tender Document regarding

procurement of GPS based mobile phones for the government of Himachal Pradesh. I declare that all the

provisions of this Tender Document contained the RFP document are acceptable to my Company. I further

certify that I am an authorized signatory of my company and am, therefore, competent to make this

declaration. Yours truly,

Name: _________________________

Designation: _____________________

Company: ______________________

Address: ____________________

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P R O F O R M A – B

D E C L E R A T I O N B Y T H E O . E . M .

To

The Member Secretary,

Society for Promotion of Information Technology and e-governance,

STPI Building,

24, SDA Complex,

Kasumpati, Shimla (HP) - 171 009

Subject : Authorization to a distributor for tender No. ________________

Dear Sir,

Please refer to your Notice Inviting Tenders for procurement of GPS based mobile phones.

M/S___________(Bidder), who is our reliable distributor for the last years, is hereby authorized to

quote on our behalf for this prestigious tender. M/S_________ (Bidder) is likely to continue as our

business partner during years to come. We undertake the following regarding the supply of all the

equipments and related software as described in this tender

1. The machines/ equipment supplied in this tender shall be manufactured by us as per the

specifications required by the Purchaser. M/S________ (Bidder) shall not be allowed to do any

hardware integration on our machines.

2. It will be ensured that in the event of being awarded the contract the machines will be delivered

by M/s (Bidder) & maintained by M/S_________ (ASP) properly as per the conditions of the

contract. For this purpose, we shall provide M/S__________________________________________

_________________________ (Bidder) necessary technical support including technical updates,

software version updates (such as Firmware, Operating System), required patches, replacements &

spares to the Bidder as well as ASP as per the RFP conditions. If M/s fails to maintain the

hardware and SITEG is compelled to appoint an operator due to non-maintenance of the equipment

supplied by us or for any other reason whatsoever, we will provide necessary support to the new

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operator for total period 5 years as per the RFP and SLA to be signed with the Bidder, in the event of

his being successful. It is reiterated that if the bidder does not operate or maintain the network for

any reason whatsoever and SITEG decides to appoint another operator, warranty support shall be

transferred to such other operator without any additional charges. An original copy of equipment

warranty (repair / replacement) shall be submitted to the client/ purchaser at the time of installation.

On the whole, it shall be ensured that the clauses regarding supply, service and maintenance of

equipment do not get affected in implementation due to non-availability of equipment, spares and

lack of technical inputs from our side during 5 year's warranty period. We shall ensure adherence to

conditions regarding delivery and installation of equipment to be procured from us as per the RFP

and SLA to be signed with the Bidder.

3. The equipment supplied will not be under end of life/ end of sale within the duration of project

(i.e. within period of 5 years' warranty). Also the supplied equipments in this project should not be

declared end of support within ten years of its installation in this Project. In case it happens will have

to replace that equipment with an equivalent new equipment of same make, free of cost.

4. If due to any reason whatsoever, the tie up between our Company & M/S -------- (Bidder)

breaks down subsequently or supply/ installation does not take place for a reason not attributable to

SITEG, alternative arrangements made by SITEG shall be acceptable to us for honouring the terms of

the contract regarding supply of the components and related services to be provided by us as per the

original contract. Yours very truly,

Name : _____________________________

Designation

Company

Date

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Tender for the Procurement of Global Positioning System (GPS) based Mobile Phones

Society for Promotion of Information Technology and e-Governance Page 30

P R O F O R M A – C

T E C H N I C A L C U M E L I G I B I L I T Y C H E C K

S.No. Criteria Relevant Page No. Yes / No.

Documents

1 The bidder should be registered under Indian

Companies Act 1956

Registration Letter

2 Detailed Profile of Company Relevant documents

(Not more than 10

Pages)

3 A Bidder should be manufacturer or

authorized distributor or large scale system

integrator of the required GPS based phones

systems/peripherals/software

Letter of Authorization

and undertaking as per

Performa B from the

OEM

4 A Bidder should have minimum overall

turnover of Rs. 1 Cr in each of last three

financial years (2010-11, 2011-12, 2012-13).

CA certified audited

balance sheet of last

three years

5 The Bidder (or his OEM) must be able to

establish his capability to execute this order

by showing satisfactory/ timely delivery and

supply of GPS based mobile phones.

List of 3 such orders

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Tender for the Procurement of Global Positioning System (GPS) based Mobile Phones

Society for Promotion of Information Technology and e-Governance Page 31

6 The Bidder can choose to have a separate

Authorized Service Provider (ASP). There

is no turnover criterion for the ASP but it

should provide the first level of OEM's

support which is fully backed up by the

O.E.M. by means of a written

understanding regarding maintenance.

However, the Purchaser shall have the

final discretion in this regard and can

even ask for a trilateral agreement with

the Bidder and the OEM in such cases to

ensure timely delivery and maintenance.

Letter of declaration is

required in this regard

7 The Bidder should already have

reasonable support base in this region

(particularly in Himachal Pradesh). The

Purchaser's discretion regarding

reasonableness of support base shall be

final. It is clarified that this clause

pertains to only the existing level of

support. The actual support required to

implement this arrangement has been

described in the relevant section.

Details of service /

support centres required

for the same. In case if

bidder don't have such

setup in Himachal,

bidder has to produce

the undertaking to

establish a support base

in Himachal exclusively

for this project

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Tender for the Procurement of Global Positioning System (GPS) based Mobile Phones

Society for Promotion of Information Technology and e-Governance Page 32

Sr. No.

Description Price in INR including all

taxes

Price in Words

1. Charges per GPS based mobile phone

PERFORMA-D

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