Pre Bid Queries - NCRB

NCRB/NCTC-MOOC/LMS Page 1

Pre Bid Queries

S.No Company Name.

Query No.

Bidding Document Reference(s) (Section Number / Page Number)

Content of RFP Requiring Clarification

Points of Clarification Required NCRB’s Response

1. HEWLETT PACKARD ENTERPRISE INDIA PVT LTD, Cyber city, Gurgaon Rishabh Jain 9810199001 [email protected]

1 Part iv/2.5/25 Penalty Bidders requests an overall penalty cap to be 10% of the TCV

No Change

2 3/page 32 Payment Schedule - Certificate of Successful operation will be decided by competent authority only.

Bidder requests bidder to list down the criteria for successful completion

It will be decided by committee appointed in NCRB.

3 Payment terms Bidder request Payment to be made by the Customer 30 days from the date of invoice.

No Change

4 Pg-24 Clause 2.2 (Moodle Support Requests)

Three modes of LMS support: Phone, in-person, email

Believe the support to Moodle users will be provided by the on-site deployed moodle experts, and managed by the technical project manager. If not, then would you recommend deploying one additional resource on-site for providing dedicated on-site support? Please clarify.

Yes


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Query No.




5 13 Clause 8 (Resource Requirements)

Technical Project Manager (Full Time), Moodle Expert, System & Data Admin

1. The Technical Project Manager has been marked in the RFP as 'full time', whereas the same is not indicated for the other two resources. Does it indicate that the Moodle Experts and the System & Data Admin are not required full time? 2. Please clarify the working days and office timings for these resources.

Technical Project Manager, Moodle Expert, System & Data Admin all manpower will be deployed at NCRB for full time.

6 24 Clause 2.3 (Hours of Coverage, Response Times, and Complaint Resolution)

Standard Moodle support is provided Monday to Saturday, 9:30am to 6 pm, on regular business days.

Believe NCRB is closed on Saturdays. Hence, we believe that the support window should be from Monday to Friday, between 9:30 AM to 6:00 PM. Please confirm.

No change.


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Query No.




7 44 FORM TECH-5 ('Curriculum Vitae (CV) For Key Professionals)

Please provide resume/profiles of the key resources to be deployed on this project.

For the bidding process, request you to please allow submitting resume of the resources that hold these profiles, and not the named profiles. Since the resources cannot be kept idle, it may be possible that the suggested resources are assigned to other projects while the bid progresses and by the time the contract gets awarded in case the bidder wins. We recommend that the named profiles be asked for interviewing after award of the contract.

No change

8 Note 2 (Part I - General Information) (Page 9) Part III - Standard Conditions of RFP (Page 25)

Bidder should have to meet all requirements given in this RFP. The Bidder is required to give confirmation of their acceptance of the Standard Conditions of the Request for Proposal mentioned below which will automatically be considered as part of the Contract concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result

Bidder requests to relax these terms to enable the Bidder to propose/suggest alternate terms on the material terms and conditions of the RFP. Also, the Bidder submits that the contract will be signed based on mutually agreed terms between the parties

No change


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Query No.




Part IV - Special Conditions of RFP (Page 29)

in rejection of the Bid submitted by the Bidder. The Bidder is required to give confirmation of their acceptance of Special Conditions of the RFP mentioned below which will automatically be considered as part of the Contract concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in rejection of Bid submitted by the Bidder.

9 Note 5 (Part I - General Information) (Page 9)

NCRB reserves all rights to reject any bid at any time, at any stage, fully or partly for whole process and/or for particular bidder and also reserves all rights, at any time to add, alter, modify, change, edit & delete any condition at any stage, and any of these terms and conditions or replace fully

Bidder requests that in the event of any change in the terms and conditions of the RFP, the customer will provide an opportunity to the bidder to submit a revised proposal. Bidder wishes to clarify that the bidder submits the bid based on the current requirements under the RFP.

No change


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or partly for whole process and modify without assigning any reasons whatsoever prior to Last date of submission of bid. In this regard, the decision of NCRB shall be final and binding on all the participants. NCRB also reserves the right to cancel the entire tender process without assigning any reason.

10 Section 8 (iv) (Part II – Essential Details of Services required) (Page 19)

Resources deployed on the project can be replaced by the MSP suo moto with a minimum notice of 2 weeks subject to approval of the proposed resource by NCRB and the replacement resource should be part of transition of 2 weeks. Any transition or notice of less than 2 weeks will attract a penalty of Rs. 50,000. In case of replacement, due to resignation in

Bidder requests deletion of the penalty portion of this section. Further, bidder submits that the two week notice will be applicable only with respect to identified key personnel.

No change


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Query No.




emergency condition, penalty may be waived off after due consideration.

11 EMD forfeiture provision (Page 22)

The EMD shall be forfeited in the following events: i. If Proposal is withdrawn during the validity period or any extension thereof agreed to by the MSP. ii. If the Bidder, having been notified of the acceptance of its bid by the NCRB during the period of bid validity fails or refuses to execute the Contract Form, if required; or fails or refuses to furnish the Performance Security, in accordance with the instructions to Bidders; iii. The envelope containing the bid should be delivered to The Director, National Crime Records Bureau, Mahipalpur, New Delhi 110037 by hand or by post on or before the bid

Bidder submits that the EMD shall not be forfeited for inability of the parties to reach a mutual agreement on the applicable terms and conditions.

No change


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submission date and time. iv. There should not be any financial information in the technical bid.The technical proposal should be submitted in both hard copy and soft copy. The soft copy should be submitted in a CD. vi. The financial proposal should be in a printed format and submitted in hard copy only. It should be signed by authorized signatory. vii. Bidders are requested to submit a bid that is to the point and refrain from providing unwanted information that is not relevant to this bid. viii. A pre-bid meeting shall be held to interact with the prospective bidders. Bidders may seek clarification regarding the RFP by sending their query by email up to the last date of submission of


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clarifications as mentioned in the Table- Key Events and Dates. ix. At any time prior to the opening of the technical bids, NCRB can for any reason, either suo moto or arising out of queries of the Bidders amend the RFP document. Any amendment would be communicated/ indicated to the bidder as corrigendum to RFP document. The amendment so carried out will be binding on all the bidders. It will be assumed that amendments contained in such addendums have been taken into consideration by the bidders in their offers.

12 Section 5 (Page 26)

Agents/Agency Commission

Bidder submits that the customer will provide a 30 day cure period prior to termination or taking any other action under the section.

No change


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Query No.





Termination of Contract Bidder requests provision of a 30 day notice period prior to termination.

No change


Patents and other Industrial Property Rights

Bidder wishes to clarify that o transfer of ownership of any intellectual property will occur under the contract Customer grants bidder a non-exclusive, worldwide, royalty-free right and license to any intellectual property that is necessary for bidder and its designees to perform the ordered services. If deliverables are created by bidder specifically for Customer and identified as such in supporting material, bidder hereby grants Customer a worldwide, non-exclusive, fully paid, royalty-free license to reproduce and use copies of the deliverables internally.

No change

15 Section 1 (Part IV - Special Conditions of RFP) (Page 29)

1. Signing of Contract and Performance Security i. The successful bidder shall have to accept the LoI within 10 days of its placement. In case, the LoI is not accepted within the given time limit, it shall be assumed that the bidder is not interested in executing the work. In the event of non- acceptance

Bidder submits the following: A. Bidder submits that the PBG issuance process is initiated after the execution of the governing contract. Till that period the Customer already retains the EMD. B. It is also sought to be clarified that delays owing to ongoing negotiations on the finalization of terms and conditions of the Contract shall not be accounted towards period for executing

No change


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of LoI, the EMD will be forfeited. ii. After acceptance of LoI, the successful bidders shall enter into an agreement with NCRB. iii. The bidder shall furnish performance security of an amount equivalent to 10% of the bid value in the form of a Bank Guarantee in favour of PAO, DCPW which shall remain in force till 30 days after the expiry of contract. The EMD of the successful bidders shall be returned on submission of the performance security. The Performa for performance security is at Annexure 4(B). Performance security may be forfeited and credited to NCRB in the event of a breach of contract by the MSP.

the contract. C. Within 21 days of the date of signing the contract, the successful Bidder shall submit the performance Bank guarantee for the value equivalent to 10% of total cost of project and should be valid for the duration of the contract. No grace/additional period shall be allowed for the validity of the Performance Bank Guarantee beyond the operative period of the contract. We further submit that the Performance Guarantee shall be valid for a period of 12 months from the date of Contract which shall be renewed at the end of each contract year for the duration of contract. D. Bidder requests that customer shall provide a cure period of 30 days for rectifying the material failure in discharging it contractual obligations prior to forfeiture of performance Bank guarantee or any legal action and such amount be limited to the actual losses suffered and subject to the Limitation of Liability.


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Query No.




16 Section 2.5. Penalty Calculations (Part IV - Special Conditions of RFP) (Page 31)

It is to be noted that if the overall penalty applicable for any of the review period during the currency of the contract exceeds 25% or if the overall penalty applicable for any of the successive half-yearly periods during the currency of the contract is above 15% it will be treated as deficiency in providing service and NCRB shall have the right to en-cash the Performance Bank Guarantee or Terminate the contract or both.

Bidder submits that Service level penalties to be capped at 5% of monthly service charges. Termination for the service level failures to be done after providing the vendor with a reasonable cure period of 15 days. Penalties shall be the sole remedy for any service level failure.

No change

17 Section 3 (Part IV - Special Conditions of RFP) (Page 32)

Payment Schedule Bidder submits that all payments shall be made by the customer within 30 days from the date of the invoice.

No change

18 Annexure 4(b) (Page 47)

Format for Bid Security Bidder submits that the bid security will not be forfeited if the parties are unable to reach a mutual agreement on the terms and conditions. Further, bidder submits that the customer will notify the bidder prior to forfeiture of bid security.

No change


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19 Annexure 4(c) (Page 48)

Format for Performance Security

Bidder submits that the customer will provide a 30 day notice prior to forfeiture of performance security. Further, the performance security shall be valid only for the period of the contract. No grace period shall be provided to the customer.

No change

20 NEW NEW Bidder submits inclusion of the following limitation of liability clause: "To the extent allowed under Indian laws, the Aggregate Liability of either party under the contract, torts or any other legal theory for all claims, loss, damages, breach, etc shall in no event exceed the annual purchase order value/annual value under this contract. Both parties agree that neither party shall be liable for any indirect, remote, consequential loss or damages including but not limited to loss of profit, loss of anticipated earning, loss of data, revenues, goodwill, or business value whether or not that party was aware or should have been aware of the possibility of such costs, expenses or damages." Further, bidder submits that other

No Change


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material terms like warranties, intellectual property, etc. to be included as well.


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2. Probit Plus Pvt Ltd Pooja Herwade, Sr. manager – BD & OPS A3, 2nd Floor, Sushil CHGS above K R Homeo Pharmacy, Nal Stop, Karve Road, Pune - 411004. Mob 8087300678 Email : [email protected]

1. Eligibility Criterion Point No 4 Page No 8 & Scope of Work Point No 16 & Point No 19

Moodle LMS throughout the RFP Only LMS would be called instead of Moodle.

Request to redefine the LMS with any tool, instead of Moodle framework. There are many tools available for LMS along with Moodle that can serve the same purpose in even better ways. Restricting to particular tool may be binding with limited features and functionalities available with that particular tool. Kindly define the scope with expected functionalities without mentioning tool name for wider prospects of better solution up to bidder’s choice.

No change

2. Annexure 1 Point No 4, Page 32

Resource Profile: Key personnel proposed for the assignment Request to remove the marking on proposing key personnel

In any projects the dedicated key personals are deployed only after receiving the project. Proposed CV’s of key personals with bidding is mere formality. These CV’s are either of those working on some other projects or added with modification as per requirement. Keeping 30 Marks on such point is not a fair way of evaluation in terms of ensuring bidder’s capability.

No change


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3. PQ Point No 5 Page No 38

The bidder should have implemented at least two Projects of similar nature in the last 5 years, where consultancy services exceed INR 1crore each. The projects should have gone live or should be successfully completed projects

Request to remove the term ‘Consultancy Services’ from the clause Kindly ask Experience in Similar Nature projects Developing LMS is a production work. It does not get framed in the ‘Consultancy Services’. Defining it as consultancy services would restrict bidders because of ambiguity.

No change

4. PQ Point No 6 Page 39

The bidder should have at least 50 people on its rolls in the similar kind of work.

Request to keep the criteria of minimum Manpower to 20 Keeping criteria of manpower to 50 Numbers is too high in comparison of project size. It would minimize the participation and many bidders with excellent solution, experience and compatibility would away from bidding. 20 numbers are sufficient to ensure bidder’s strength for this particular development

No change


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3. Enthralltech Private Limited Punit Chandwadkar, AVP Sales Full Address: 7th Floor Cybernex, 899 Shankarsheth Road, Pune 411037 Phone: +91-9371777539 Email: [email protected]

1. SCOPE of Work. Page 8 of Tender/RFP

A basic LMS will be provided by NCRB after that vendor has to maintain its functionality in future

Which version of Moodle will be provided by NCRB? Are there any customizations done in core part of Moodle? Are there any additional plugins installed?

Moodle version 3.6, Yes. Yes.


Management of online module content in all available formats. The content covers general module information, learning materials, and assessment

Which formats are required for learning material?

documents, Word Documents, PDF documents, Images, Photographs, multimedia files, Audio/Video files etc


A diary and a calendar What is the use of diary? Keeping notes?

Event management display.


The website Maintenance shall include day-to-day updating and publishing of content of all existing pages and designing new pages as per the requirement of the NCRB in English, Hindi and other languages simultaneously in conformity with GIGW

Will the designing of new pages in different languages will be at our end or NCRB will create it and we only have to maintain it.

All type of customization will be done by bidder.


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guidelines.


Various types of content should be delivered through the Website. The Indicative content types may be HTML documents, Word Documents, PDF documents, Images, Photographs, multimedia files, Audio/Video files etc

What kind of Multimedia files will be there? Will it contain animation? What will be the format of the file

All file formats supported by Moodle


A knowledge base about the module content

Can you please give more detail about it? Do you want to keep all the learning objects saved at one place?

Bidder should have knowledge about file type, formats.


In built players to enable previewing before download.

What will be resource use for it? Will it be a file?

It will be use by trainees to stream online content or they can download content.


Regular Updation of Moodle frame work

Do you mean that whenever a new version of Moodle will come then we have to update the entire LMS?

Yes


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9. Bid Security and Performance Security Pages 5 1 and 52 of Tender/RFP

Does Udyog Adhar Memorandum (UAM) is acceptable to avail EMD exemption? If not please mention in detail documents required to avail EMD exemption for MSME.

Refer to RFP and Refer General Financial Rule 2017(GFR 2017), Rule 170-Bid security.

10. Curriculum Vitae (CV) For Key Professionals Page no-51

Please make a provision that successful bidder can depute either same resource whose CV submitted in technical bid or equivalent. Tendering / bid evaluation process will take at least 1-2 month during which possibility of job change cannot be avoided.

Not accepted

11. Staffing Schedule Page no-53

Can you please explain with one example how to fill this table during pre- bid meeting?

Refer to Annexure 1 of corrigendum

12. Pre-Qualification Page no-44

The bidder should have implemented at least two Projects of similar nature in the last 5 years, where consultancy services exceed INR 1crore each.

We request to make this criterion 75 Lakh per project.

No change


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13. Timelines and Deliverables Page no-24

We understand all development will be happen at NCRB premises, does all development environments will be provided by NCRB, or vendor can take source code to his place and develop in house too.

Yes vendor has to carry out all development at NCRB only.

14. General We are in LMS industry for last 10 years with tag of profit making firm since year of establishment. Would like to suggest below recommendation which can save lots of money for NCRB- The scope of

work mentioned in RFP is very simple and common that any elearning company having sufficient experience in LMS customization can easily do within 6 months. No need to keep such heavy experience manpower at site. Only one

project coordinator cum database admin having 2-3 years of experience in handling LMS project with database knowledge is enough for onsite placement with condition that running project successfully and within timeline is responsibility of bidder, in that case let bidder decide whether to put extra

resources. All development can be possible in vendor premise with NDA of not to use same source code at any

No change


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other project. Anyway Moodle is open

source. Within 6 months all major functionality can be developed. Project coordinator placed on site will be for 24 months and whatever changes/suggestions coming from NCRB he can get developed from his

development team. We are very very confident that NCRB can get this project developed within 1/4th of budget allocated considering 4 manpower on

site. Keeping 4 manpower on site will restrict Moodle certified companies/ Major LMS companies in India to participate in this bid whose major business is development rather than manpower supply.

4.

Data Ingenious Global Limited Mr. Anil Jain – General Manager (Sales & Marketing) Inside Jaipur Glass Factory,

1. Resource Requirement Annexure 2 (Page No.:-33-34) Clause No.: 3:- System & Database Admin

As per RFP, required System & Database Admin Role responsibility (Indicative):- Develop and implement Moodle (LMS) to meet the requirements

As per RFP, system and Database admin describes only 1 role, but both are different. Please clarify that we have to provide system admin or database admin?

Person should be able to do System and database maintenance.


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Station Road, Durgapura, Jaipur.-302018 Phone:-0141-2554970/71 Fax:-0141-2554972 Email:[email protected] / [email protected]

2. FORM TECH-5: Curriculum Vitae (CV) For Key professionals

During the technical evaluation, only 4 key resources (Project manager, Moodle Expert and System & Database Admin) will be evaluated. Please provide resume/profiles of the key resources to be deployed on this project. The bidder shall not replace any Key Professional except with the prior written consent of the employer

Please clarify, If any of the deployed manpower leave the company, can we replace them with another employees with written consent?

Yes but with the approval of NCRB

5. FCS Software Solutions Limited - Business Development FCS Software Solutions Limited Plot No – 83, NSEZ Phase 2, Noida Dadri Road, Gautam Budh .

1. FORM FIN -1: Financial Bid- Page 48 to 49 And BOQ_562234Price Schedule

BOQ_562234 do not match with the price format provided in the tender document. The column “Proposed Effective Man months” is missing in the column. Can we change the “Quantity” column to match the price bid format? Instead of 1, 2, 1 can we modify to 24, 48, and 24?

Refer to BOQ_562234 Under “Total Amount without Taxes“ Col(13)=(4)*(7) Should be read as Col(13)=(8)*(7) Refer Annexure 2 of corrigendum Refer


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6. Drcsystems Pankaj Bhatia

1. Page 19 The above resource requirements are minimum requirements. The bidder, based on the understanding of the scope, timelines and deliverables may propose additional resources.

No comments

2. Page 24: Do you already have Mobile interface? By mobile interface do you mean mobile app or responsive website?

NCRB have app which is provided by Moodle Both mobile app and responsive website are required.

3. Page 39: Is it mandatory for technical project manager to have a Post Graduate degree in Business Administration or PMP certification with 10 Years’ experience in IT project Management?

As per RFP

4. For CERT-In certificate we believe that the coordination and resolution to technical problems will be required from our side and cost will be paid by NCRB?

As per RFP


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5. Security testing of the application? Does it mean CERT-In testing of mobile app or web app or both? In this case the CERT-In cost will be paid by NCRP, right?

Yes

6. As per pre bid, we understand the Moodle system is ready and we have to provide support, maintenance and customization, right

Yes

7. As there will be a lot of work initially, so shall we consider more resources to meet the deadlines?

As per RFP

8. We are MSME registered company, so this means we don’t have to submit EMD, right?

Refer RFP


Annexure 1

FORM TECH-6: Staffing Schedule

Sr.No. Name of

Resource and Role

Months Total man- month

1 2 3 4 5 6

1. Technical Project

Manager(Full time)

Project mangement

-----do----- ----do----- -----do----- -----do----- -----do----- 24

2. Moodle Expert Operation of

Moodle based NCRB

Application

-----do----- -----do----- ----do----- ----do----- -----do----- 24

3. System & Database

Admin

System and database

Administration

-----do----- -----do----- ----do----- ----do----- ---do----- 24

Total

72


Annexure 2

EXAMPLE ONLY