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Request for proposal For ANTIVIRUS SOLUTION, MAIL SERVER SECURITY AND SERVER SECURITY At Gujarat Green Revolution Company Limited

Request for Proposal - GGRCggrc.co.in/documents/RFP-GGRCAnti-Virus_01_08_2017.pdf · Request for Proposal - Supply, Installation, Configuration and Implementation of Antivirus Solution

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Request for proposal For

ANTIVIRUS SOLUTION, MAIL SERVER SECURITY AND SERVER SECURITY

At

Gujarat Green Revolution Company

Limited

Strictly Private & Confidential

All Tenders to be addressed to:

Manager – Systems Department

Gujarat Green Revolution Company Ltd

P.O. Fertilizernagar -391 750,

Dist. Vadodara,

Gujarat, India

Tender No. GGRC/SYSD/AntiVirus/RFP/2017

Tender Issue Date 01/Aug/2017

Pre-Bid Meeting Date and Time 08/Aug/2017 14:00 Hrs.

Pre-Bid Meeting Venue GGRC Conference Room

Last Date for technical bid with EMD submission online as well as physical

16/Aug/2017 17:00 Hrs.

Last Date for commercial bid submission (Online only)

16/Aug/2017 17:00 Hrs.

Contact Person J.G.Simon – 9979853483

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Table of contents

1. Eligibility Criteria 4

2. Tender Bids 6

2.1. Invitation 6

2.2. Submission 6

2.3. Pre-Bid Meeting 7

2.4. Bid opening 8

2.5. Tender Evaluation Methodology 8

2.6. Disclaimer 8

3. Scope of Work 9

3.1. Supply, Installation, Configuration & Implementation 9

3.2. Configuration & Associated Services 10

3.3. Delivery terms 10

3.4. Support for Security Solution 10

3.5. Technical Bid 11

3.6. Commercial Bid 11

3.7. Training 11

3.8. Discipline 11

4. Contractual Agreements 13

4.1. Non-Disclosure Agreement 13

4.2. Earnest Money Deposit (EMD) 13

4.3. Performance Bank Guarantee 13

4.4. Service Level Agreement 13

4.5. Payment 14

4.6. Termination of contract 14

4.7. Intellectual Property 14

4.8. Force majeure 15

4.9. SETTLEMENT OF DISPUTES AND ARBITRATION: 15

4.10. GOVERNING LAWS AND DISPUTES: 15

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1. Eligibility Criteria

The eligibility criteria for invitation of bids are mentioned below. Only those Bidders, who satisfy all

the eligibility criteria as mentioned herein below, may respond. Document in support of all eligibility

criteria are required to be submitted along with technical bid.

Sr. No

Criteria Compliance (Yes/No)

Proof to be Submitted

1. The Bidder should be the Original Equipment Manufacturer (OEM) or

authorized highest efficiency partner of OEM

Documentary Proof to be submitted of OEM or Documentary proof of Authorized Highest Efficiency Partner letter issued by OEM authorizing Partner for valid period of Quotation

2. Bidder must have back to back support relation with the OEM’s whose products are proposed by the Bidder to GGRC

Manufacturers Authorization Form / Letter must be submitted along with the bid.

3. The Bidder should be a firm / company registered in India with minimum five years of presence in India.

Certificate of Incorporation to be provided. Proof of orders of similar nature over a period of last five years.

4. The Bidder must have posted a gross profit in each of the last five years from Indian operations.

Certified Copies from the Company Secretary for last five years. Balance sheet for last five years.

5. The OEM should be in the business of providing antivirus, Server Security and email security solution for at least five years as on date of this tender.

Certification/Undertaking letter from OEM is to be submitted clearly mentioning the details and projects where solution is implemented and providing support.

6. The Bidder should have supplied and deployed the solution mentioned in this RFP to at least three Government Organizations in India with more than 200 users and end devices.

Documentary proof should be provided in support like order copy/contract copy/certificate from customer.

7. The OEM solution offered by the Bidder should have been deployed at minimum 4 locations for at least one Government Organizations network in India.

Documentary proof should be provided in support of installation base like order copy/contract copy/certificate from customer

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8. The Bidder must have an office setup in Vadodara / Ahmedabad, Gujarat.

List of Support Centers in Baroda / Ahmedabad to be provided.

9. All Licenses/devices that is supplied should be genuine and legal.

Bidder shall provide in writing an indemnity that all the Licenses/devices proposed in this bid is legal.

10. The Bidder shall not quote for the products, whose End of sale/ End of Support has been declared by the OEM and the certificate assuring the same has to be submitted with product having minimum support life for 5 years from date of purchase

Bidder to provide the following documents:

Certificate from the OEM assuring that the proposed Solution has not reach end-of-life and end-of-support.

Authorization letter of the OEM stating the product has the most recent/stable version of the operating system that is to be installed at the site.

Authorization Letter of the manufacturer stating the product has the most recent/stable Hardware device that is to be installed at the site for all the solution.

11. The Solution proposed, as per Tender RFP Specs, has to be end to end from single OEM

Documentary Proof to be submitted.

12. The OEM of the proposed solution, has to be in top 3 in leaders quadrant in Gartner / IDC / NSS Lab reports

Documentary Proof to be submitted.

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2. Tender Bids

2.1. Invitation Gujarat Green Revolution Company Ltd (hereafter referred to as GGRC) invites sealed tenders

comprising of Technical bid and Commercial bid from experienced OEM(Original Equipment

Manufacturer) or their certified/authorized running gold partner Bidders having proven capabilities

in supply, installation, configuration, maintenance, support and Implementation of Antivirus, Email

Security and Separate Server Security solutions. Hereinafter in the document, all the Solution

mentioned above will be referred to as Security Solution. The bid documents should be strictly as per

the following terms and conditions:

1. The Tender must be apply online through https://nprocure.com

2. The Tender document is available for all Bidders and it can be downloaded from https://nprocure.com or from www.ggrc.co.in

3. The bid, correspondence and supporting documents should be submitted in English.

4. The Bids should be addressed to:

Manager – Systems Department Gujarat Green Revolution Company Ltd P.O. Fertilizernagar -391 750, Dist. Vadodara, Gujarat, India

5. The Bid document shall be in two parts viz. Technical Bid & Commercial Bid.

6. The Bidders should take care of submitting the bids properly filed so that the papers are not loose. The bid documents should be properly numbered and submitted in a file in proper manner so that the papers do not bulge out and tear during scrutiny and as per the order given.

7. The Technical Bid will be evaluated first for technical compliance mentioned in Annexure B of this RFP. Commercial Bid of only those Bidders who have qualified as per the technical specifications as mentioned in Annexure ―B‖, will be requested and opened by GGRC.

8. GGRC is not responsible for non-receipt of response to RFP within the specified date and time due to any reasons.

9. No bid will be modified after the target date & time for submission of bids.

10. No Bidder shall be allowed to withdraw the bid at the time of submission.

11. Bids once submitted shall not be returned to the Bidder in future.

2.2. Submission

1. The bidders shall have a valid Class-III digital signature certificate for participation in the online tender. Without Digital Signature online tender process is not possible. The cost of digital signatures, if any, will be borne by respective bidders. For the same all may contact to following address: E PROCUREMENT SUPPPORT (n) Code solutions A division of Gujarat Narmada Valley Fertilizrs Compnay Ltd. 301, GNFC Info Tower, Bodakdev, Ahmedabad-380054 Ph. 079-26857316/17/18,079-4007501/02/515/525 Fax-079-26857321.

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2. RFP responses must be accompanied by Demand Draft of Rs. 15,000.00 as a part of the EMD (explained in section 4.2).

3. Technical bids must be submitted online as well as in physical with separate sealed envelopes super scribing ―Technical Bid – Antivirus with Anti-Ransomware and Server Protection‖ on top of the envelope containing Technical Bid. Commercial Bid must be submitted online through https://nprocure.com only. EMD should be in separate sealed envelopes super scribing ―EMD – Antivirus with Anti-Ransomware and Server Protection‖ Both the envelops (Technical Bid and EMD) should be sent in single sealed envelope super scribing ―Antivirus with Anti-Ransomware and Server Protection‖ with Tender number and date given hereinabove.

4. Any Technical Bid found with priced commercial bid shall not be entertained and shall be rejected by GGRC.

5. Technical bid must include un-priced commercial bid. 6. Any cost incurred in relation with the submission of bid will not be reimbursed by GGRC.

7. RFP responses to be submitted according to format specified in Annexure E and Annexure F for

Technical & Commercial bids respectively.

8. The Technical bid should be complete in all respects, except prices, contain all information asked

for and most importantly comply with the technical specifications detailed in Annexure B. The

documentary proof in support of all Eligibility Criteria should be submitted along with technical

Bid.

9. Incomplete bid or bids not confirming to the terms and conditions are liable for rejection by

GGRC. Any Technical Bid, submitted with incorrect information will be liable for rejection.

Further, if any Bidder is found to have submitted incorrect information at any time, he may be

debarred from participation in the tendering processes.

10. GGRC reserves the right to seek clarification or call for supporting documents from any of the

Bidders, for which the concerned Bidder needs to submit the documentary evidence(s) as

required by GGRC.

11. GGRC does not bind itself to accept the lowest bid and reserves the right to reject any or all bids at

any point of time prior to the issuance of purchase order without assigning any reasons

whatsoever.

12. GGRC can solicit information from OEM’s where Bidder has supplied/worked on projects as

mentioned in the criteria.

13. GGRC reserves the right to resort to re-tendering without providing any reason whatsoever.

GGRC shall not incur any liability on account of such rejection.

14. GGRC reserves the right to modify any terms, conditions or specifications for submission of bids

and to obtain revised Bids from the Bidders due to such changes, if any, at any time prior to

completion of evaluation of technical bids from the participating Bidders.

15. Printed /PDF document literature (for specific Security Solution and version numbers) describing

configuration and functionality should be provided to GGRC for the solution proposed to be

supplied for the project.

16. Bidder should provide single point of contact for any related work.

2.3. Pre-Bid Meeting

1. For the purpose of clarifications of doubts of the Bidders on issues related to the RFP, GGRC

intends to hold a pre bid meeting. The date and venue of the pre-bid meeting is mentioned in the

earlier section.

2. No individual correspondence will be accepted in this regard.

3. Only authorized representatives of Bidder will be allowed to attend the Pre-bid meeting. A letter

to this effect must be carried by the person representing the Bidder at the time of pre bid Meeting.

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4. Not more than 3 (including OEM Representatives, if any) individuals would be permitted from

each Bidder at the time of the pre bid meeting.

2.4. Bid opening

1. On the scheduled date and time, technical and commercial bids will be opened by GGRC.

2. Bids that are received after the target date and time will not be accepted in any circumstances.

2.5. Tender Evaluation Methodology

2.5.1. Technical Evaluation

1. Technical Bid should comply with the technical specification of the required solution as

specified in Annexure – B

2. GGRC will review the bids submitted in line with the technical specifications that are a part of

the RFP and will inform the qualified Bidder about the commercial evaluation.

2.5.2. Commercial Evaluation

1. The commercial offer will be valid for two months from the day of opening of the commercial bid keeping in mind that exchange rate fluctuations, changes in import duty and other taxes will not affect the rupee value of the commercial bid over the price validity period. A declaration in this regard should be submitted.

2. Commercial Bid of only those Bidders, who have qualified after the technical evaluation, will be opened by GGRC.

3. Commercial evaluation criteria for the winner will be decided by GGRC representatives during the scrutiny period of commercial bid.

2.6. Disclaimer

GGRC reserves the right to reject any or all offers based on its own evaluation of the offers received, or on the basis of stability, capabilities, track records, reputation among users and other similar features of a Bidder. When GGRC makes any such rejection, GGRC will not be bound to give any reason and/or justification in this regard to the Bidder. GGRC further reserves the right to cancel the entire RFP process without assigning any reasons whatsoever at any stage of the RFP process. The RFP is not an offer by GGRC, but an invitation for Bidder’s responses. No contractual obligation on behalf of GGRC, whatsoever, shall arise from the offer process unless and until a formal contract is signed and executed by duly authorized officials of GGRC and the Bidder.

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3. Scope of Work

3.1. Supply, Installation, Configuration & Implementation

1. GGRC has decided to procure the following Security Solution to establish structured and

secure network at their Baroda office.

Antivirus Solution for Desktop, Server and Mobile

Separate Server Protection Solution

Email Security Solution for Linux based Zimbra Mail.

2. All Security solution must be of same make.

3. Security Solution of OEM acquired companies will not be accepted.

4. Supply, installation configuration and Implementation of total security solution complying

with the technical specifications given in Annexure - B, along with associated software

licenses and necessary documents/manuals on site. The costs related to these will be a part of

the Bid amount and no additional payment will be done by GGRC for the same.

5. GGRC reserves the right to change the actual quantity of each of the Security Solution to be

ordered during the execution of project. However, GGRC will not exceed the tender values as

finalized for this bid.

6. Security being prime concern, the proposed solution should not breach the security of any

other installations of GGRC in any way.

7. Any corruption in the software or media shall be rectified during the full period of the

contract at no extra cost to GGRC.

8. The security solution supplied must be seamlessly integrated with the existing network of

GGRC.

9. Initial scanning and cleaning of all PC’s/Laptops/Servers etc to be done before installing Anti-virus Solution with no formatting of device. Dynamic Application Containment- Checking of Applications for virus.

10. Application of machine behavior learning - classification to block zero-day threats before they are executed and stop live execution of threats that evaded previous detection

11. Threat Prevention with Integrated spyware protection and cleanup. 12. Integrated Firewall of Antivirus Protects endpoints from botnets, distributed denial of service

(DDoS) attacks, un-trusted executables, advanced persistent threats, and risky web connections.

13. Specialized Antivirus and Anti-Ransomware for mail server, windows server 14. Selective blocking of .exe and Trojans for USB,CD Drive, External Data-Source with a view to

allow certain types of files and block which are not necessary. 15. Single windows for highly scalable, flexible, and automated management of security policies

to identify and respond to security issues which simplifies administration with central Console for security and data policy

16. Single windows for highly scalable, flexible, and automated management of security policies to identify and respond to security issues which simplifies administration with central Console for security and data policy

17. Good file check, Behavioral analysis (against scripts, injection, ransomware, memory and browser attacks, File reputation, Variant protection, Web reputation , Identify, monitor, and prevent data loss—on or off network, Notify employees of risky behavior or enforce user controls if necessary High-fidelity machine learning (pre-execution and runtime)

18. Remote support 24/7 for any call reported and solution to be provided within 1 hour of reporting.

23 Escalation matrix for resolving issues with timelines for a) Remote desktop support within 1 hour of reporting.

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b) Deployment of personnel within two hours after failure of Remote support. 24 Faster scanning and uses minimal system resources.

a) Terminating all known virus processes and threads in memory. b) Repairing the registry. c) Deleting any drop files created by viruses. d) Removing any Microsoft™ Windows™ services created by viruses.

25 Restoring all files damaged by viruses

3.2. Configuration & Associated Services

Following services have to be provided as a part of this tender:

1. Configuration of total security solution to be installed in Laptop, Desktop, Servers, Mobiles

and other items, all necessary patches for Security Solution must be installed at GGRC.

2. Installation and Implementation activities that will require a downtime of more than 4 hours

will be carried out between 6PM (present day) and 6AM (following day). This will be done in

co-ordination with concerned GGRC teams. A 48-hour notice to be given to GGRC for the

same.

3.3. Delivery terms

1. GGRC reserves the right to place a work/purchase order for entire scope or a part of it.

2. The Bidder shall supply, install and integrate the Security Solution within 4 weeks from date of

issue of purchase order.

3. Because of teething issues and instant remedial measures a site engineer will be deployed at

GGRC for first 1 week after the GO LIVE date for General Shift.

4. The project will be deemed to complete when all the products specified in Annexure-A have been

supplied, installed, configured, integrated and made operational as per the technical

specifications and satisfactory acceptance given by GGRC. This will be termed as the ―GO LIVE‖

date.

5. The Bidder has to resolve any Operating system and Application software, etc. problems for

successful installation and operations.

6. Any license, if required, need to be provided by the successful Bidder.

7. The successful Bidder is solely responsible for any legal obligation related to licenses during

support period of thirty six (36) months for solution proposed as implemented by the Bidder.

3.4. Support for Security Solution

1. The selected Bidder shall provide OEM support for all the products that are delivered & installed

at sites for a period of 36 months from the GO LIVE date.

2. The product will cover technical on-site support from the Bidder and back to back OEM support,

software updates, OS upgrades, version upgrades, troubleshooting, TAC support from the OEM,

new signatures for security solution and all relevant updates for all to ensure that the most

updated security risk library is available at any given point in time.

3. During the support period, the Bidder will have to undertake preventive maintenance for proper

operation, performance and output as specified in the technical specifications of all the Security

Solution supplied by the Bidder.

4. During the support period, the Bidder should maintain the acceptance criteria and shall be

responsible for all costs relating to service, maintenance (preventive and corrective), technical

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support and transport charges from and to the sites in connection with the maintenance of the

solution.

5. The Bidder should inform GGRC about the end of support and end of life of the product proposed.

6. The Bidder should inform the product life cycle of all the products supplied by the Bidder and

should specify the product road map in the technical bid.

7. The successful Bidder shall ensure that services of professionally qualified persons will be

available for preventive on-site maintenance of the Security Solution during support period.

GGRC shall approve the work-permission of personnel and then only they would be allowed to

work on the network. Any other personnel will be not allowed to access GGRC network.

3.5. Technical Bid

1. Technical bid must be submitted only as per the format specified in Annexure E.

2. All the supporting documents should be submitted along with the bid so that the compliance can

be verified by GGRC during technical evaluation.

3. Technical bid should contain the un-priced commercial bid.

4. Technical bid should contain compliance to the points mentioned in the section eligibility criteria

along with the supporting documents.

3.6. Commercial Bid

1. Commercial bid must be submitted only as per the format specified in Annexure F.

2. Prices quoted by the Bidder shall be in Indian Rupees, not subject to any escalation.

3. Once the price is quoted, the Bidder must keep the price valid over the entire period of project

execution. Any deviation from the quoted price will not be entertained under any circumstances.

4. Commercial bid should contain price for complete supply, installation, configuration, seamless

integration and Implementation of all the Security Solutions and associated services.

5. The Price should cover all parts including updates, upgrades of software/OS, new signatures for

Security Solution, and all relevant updates for the entire product.

6. Commercial bid should contain the price covering support period of 36 months from the GO LIVE

date.

7. Commercial bid should cover the entire scope of this project.

8. Commercial bid must include all applicable taxes such as Sales/VAT/Service/GST/ etc., wherever

applicable on submission of actual tax receipt.

9. No additional payment apart from the final tender bid value will be processed/released by GGRC

to the Bidder under any circumstances.

3.7. Training

1. The Bidder shall impart training to at least two GGRC officials on the features, CLI, management

of the Security Solution etc. The training should be official curriculum of OEM. Technically

competent & qualified personnel will impart the training.

2. Relevant documents / reports must be submitted at the locations.

3.8. Discipline

1. No information about GGRC can be used by the Bidder in whatsoever circumstances for any

purpose. Breach of this will legally be filed as per the Govt. of India IT Act 2008.

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2. Permission of GGRC will be required before Bidder uses GGRC’s name for any referrals.

3. Since the personnel of the service provider have to work in GGRC, they shall adhere to all

administrative and safety requirements of GGRC.

4. The service provider’s personnel are requested to make their own arrangement of lodging,

boarding and travelling. No additional payment will be done for the same.

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4. Contractual Agreements

4.1. Non-Disclosure Agreement

Bidder is required to sign a Non-Disclosure Agreement (NDA) as per the format specified in

Annexure C. This should be submitted along with the technical bid.

4.2. Earnest Money Deposit (EMD)

1. All the responses to RFP must be accompanied by a refundable interest free Earnest Money

Deposit of amount of Rs. 15,000.

2. EMD should be in the form of Demand Draft/ Banker’s Cheque in favor of ―Gujarat Green

Revolution Company Limited‖ payable at Vadodara.

3. Any bid received without EMD in proper form and manner shall be considered unresponsive

and rejected.

4. Request for exemption from EMD (Security Deposit) will not be entertained.

5. The EMD amount of all the unsuccessful Bidders would be refunded within 15 days of

happening of the following events:

Issue of Purchase Order to the successful Bidder by GGRC

The EMD may be forfeited:

a. If a Bidder withdraws its bids during the period of bid validity.

b. If a Bidder makes any statement or encloses any form which turns out to be false/

incorrect at any time prior to signing of the contract.

6. The EMD amount of the successful Bidder would be refunded within 15 days of happening of

the following events:

Acceptance of purchase order by GGRC and submission of PBG by the Bidder.

The EMD may be forfeited:

a. If a Bidder withdraws its bids during the period of bid validity.

b. If a Bidder makes any statement or encloses any form which turns out to be false/

incorrect at any time prior to signing of the contract.

c. If the Bidder fails to accept the Purchase Order or sign the contract or fails to furnish

the performance bank guarantee.

4.3. Performance Bank Guarantee

1. Performance Bank Guarantee (PBG) of 5% of total purchase order (including taxes) is to be submitted as per the format specified in Annexure D to GGRC within 15 days of receiving the Purchase Order

2. PBG will be released six (6) months after the completion of Work Order period. 3. In case the acceptance of Security Solution is delayed due to any reasons beyond GGRC’s

purview, successful Bidder shall have the PBG validity extended for a period as per the Work Order and an additional six months.

4.4. Service Level Agreement

1. GGRC expects 99% uptime during the support period for Security Solution and services delivered by the successful Bidder to GGRC. This will be calculated on monthly basis.

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Resolution Procedure on occurrence of any amount of downtime related to the Security Solution and services delivered will be as follows:

a. GGRC will log the ticket with the Successful Bidder by means of a phone call and/or an email. Phone number and email to lodge a complaint/ticket must be provided to GGRC on or before the GO LIVE date.

b. Following conditions apply: If the Security Solution is termed non-operational/non-functional, the problem

should be resolve within the first 4 hours after the ticket was logged considering the criticality of the business requirements of GGRC.

If the Security Solution is termed non-operational/non-functional and the ticket is not closed by the Bidder during the time frame, the ticket will have to be escalated to the respective OEM. It is the responsibility of the Bidder (with assistance from OEM) to resolve the ticket within 24 hours.

2. Any deviation from the figures mentioned will invite penalty levied as per the downtime and considering business loss.

4.5. Payment

1. Payment shall be released subject to the following:

a. After one month of Go-Live Date subject to submission of the Satisfactory Service Report

by the Bidder and its acceptance* by GGRC.

b. No additional payment apart from the tender bid value will be done under any

circumstances.

*GGRC will provide a sign-off/satisfactory acceptance that the Security Solutions are functioning as

desired.

4.6. Termination of contract

GGRC reserves the right to cancel the order placed on the selected Bidder by providing one months

notice and recover expenditure incurred by GGRC on the following circumstances:

1. In case of any changes in GGRC’s business plan, GGRC may terminate any part or entire services

to be rendered by giving a notice period of one month.

2. The selected Bidder commits a breach of any of the terms and conditions of the bid.

3. The progress regarding execution of the order accepted, made by the selected Bidder is found to

be unsatisfactory.

4. If the selected Bidder does not perform satisfactorily or delays execution of the contract, GGRC

reserves the right to get the balance contract executed by another party of its choice by giving one

month notice for the same. In this event, the selected Bidder is bound to make good the additional

expenditure, which GGRC may have to incur in executing the balance of the contract. This clause

is applicable, if for any reason, the contract is cancelled.

5. In addition to the cancellation of purchase order, GGRC reserves the right to appropriate the

damages through encashment of Performance Guarantee given by the Bidder.

4.7. Intellectual Property

GGRC retains all rights to its pre-existing intellectual property and any intellectual property it creates

in connection with the agreement; and the Bidder assigns to organization all rights in any work

product developed pursuant to the agreement and acknowledges that all materials created by the

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Bidder pursuant to the agreement shall be deemed to be owned by the organization. If the Bidder will

not agree to an assignment, then the Bidder should, at a minimum, grant organization a perpetual,

irrevocable, worldwide, royalty-free license to use the work product developed pursuant to the

agreement.

4.8. Force majeure

1. Force majeure is herein defined as any cause, which is beyond the control of the selected Bidder

or GGRC as the case may be which they could not foresee or with a reasonable amount of

diligence could not have foreseen and which substantially affect the performance, such as:

a. Natural phenomenon, including but not limited to floods, droughts, earthquakes, epidemics,

etc.

b. Acts of any Government, including but not limited to war, declared or undeclared, priorities,

quarantines, etc

c. Terrorist attacks, public unrest in work area, etc.

2. If a Force Majeure situation arises, either party (GGRC & Bidder) shall within ten (10) days from

the occurrence of such a cause notify the other in writing of such causes. The Bidder or GGRC

shall not be liable for delay in performing his / her obligations resulting from any Force Majeure

cause as referred to and / or defined above.

4.9. SETTLEMENT OF DISPUTES AND ARBITRATION:

All disputes, differences and questions arising out of or in any way touching or concerning this

agreement or subject matter thereof or the representative rights, duties or liability of the parties

shall be referred to the sole arbitration of the GGRC or any person nominated by her/him. The

arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996. The arbitrator

shall be entitled to extend the time of arbitration proceedings with the consent of the parties. No

part of the agreement shall be suspended on the ground of pending arbitration proceedings. The

decision of the sole arbitrator shall be final and binding on the parties.

4.10. GOVERNING LAWS AND DISPUTES:

This shall be construed and governed by the laws of Republic of India and the parties hereby

submit to the exclusive jurisdiction of the Vadodara Courts of Law.