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RFP for Installation, Commissioning and Maintenance of KMS under CB-II

National e-Governance Division (NeGD) Page 1 of 80

Request for Proposal (RFP)

For

Installation, Commissioning & Maintenance

Of

Knowledge Management System (KMS)

Under

Capacity Building (CB) Scheme Phase II

RFP No. N-21/8/2016-NeGD



CONTENTS

1. INVITATION FOR BIDS .............................................................................................................................................................. 7

1.1. REQUEST FOR PROPOSAL (RFP) NOTICE ............................................................................................................................... 7

2. CRITICAL INFORMATION........................................................................................................................................................... 7

3. INTRODUCTION ........................................................................................................................................................................ 9

3.1. PROGRAM BACKGROUND .................................................................................................................................................... 9

3.2. ABOUT NEGD & CAPACITY BUILDING PHASE II (CB-II) SCHEME ............................................................................................ 9

4. KNOWLEDGE MANAGEMENT SYSTEM (KMS) ......................................................................................................................... 10

4.1. PROJECT INTRODUCTION ................................................................................................................................................... 10

4.2. PROJECT OBJECTIVE ........................................................................................................................................................... 10

4.3. KEY OUTCOMES EXPECTED THROUGH KMS ....................................................................................................................... 11

4.4. KMS ECOSYSTEMS AND STAKEHOLDERS ............................................................................................................................ 12

4.5. SCOPE OF WORK ................................................................................................................................................................ 15

4.5.1. STRUCTURE FOR IMPLEMENTING THE KNOWLEDGE MANAGEMENT ................................................................................. 16

4.5.2. CHANGE MANAGEMENT PROCESS BY KMS ........................................................................................................................ 17

4.5.3. INDICATIVE KNOWLEDGE MANAGEMENT FRAMEWORK ................................................................................................... 17

4.5.4. KNOWLEDGE MANAGEMENT SYSTEM EXPECTED FEATURES ............................................................................................. 18

4.5.5. KMS FUNCTIONAL & TECHNICAL SPECIFICATIONS ............................................................................................................. 20

4.5.5.1. SUPPORT FROM KMS DEVELOPER / VENDOR FOR FUTURE FUNCTIONAL AND TECHNICAL UPGRADES ......................... 21

4.5.5.2. TECHNICAL REQUIREMENTS .......................................................................................................................................... 21

4.5.5.2.1. INTEGRATION WITH OTHER SYSTEMS ....................................................................................................................... 22

4.5.5.2.2. SCALABILITY .............................................................................................................................................................. 22

4.5.5.2.3. SEARCH FEATURE ...................................................................................................................................................... 23

4.5.5.2.4. NOTIFICATION .......................................................................................................................................................... 23

4.5.5.2.5. SECURITY .................................................................................................................................................................. 23

4.5.5.2.6. SOFTWARE LICENSES ................................................................................................................................................ 23

4.5.5.2.7. SOLUTION ARCHITECTURE AND MODEL FOR HOSTING THE TECHNOLOGY AND INFRASTRUCTURE .......................... 24

4.5.5.2.8. COMPATIBILITY ........................................................................................................................................................ 24

4.5.5.2.9. CONFIGURATION AND BRANDING ............................................................................................................................ 24

4.5.5.2.10. ADMINISTRATION AND ACCESS MANAGEMENT ....................................................................................................... 24

4.5.6. SERVICE EXPECTATIONS ..................................................................................................................................................... 25

4.5.6.1. PROJECT INITIATION...................................................................................................................................................... 25

4.5.6.2. PROJECT IMPLEMENTATION .......................................................................................................................................... 25

4.5.6.3. OPERATIONS, MAINTENANCE, MONITORING AND CONTROL - TILL THE PROJECT PERIOD (MARCH'17) ........................ 25



4.5.6.4. SUBMIT INTERNAL AUDIT REPORTS PERIODICALLY (EVERY MONTH) ON THE PROJECT PROGRESS ............................... 26

4.5.6.5. EXIT PLAN AND HAND OVER THE PROJECT IN ACCORDANCE WITH THE PLAN. .............................................................. 26

4.5.6.6. DELIVERY STAGES. ......................................................................................................................................................... 26

4.5.6.7. SUGGESTED WEBPAGE TABS ......................................................................................................................................... 27

4.5.6.8. GENERAL DELIVERABLES OF THE PROJECT ..................................................................................................................... 28

4.5.6.9. HELP DESK SUPPORT - DEFINITIONS .............................................................................................................................. 29

4.5.6.10. NOTE TO THE KMS DEVELOPER ..................................................................................................................................... 29

5. ELIGIBILITY CRITERIA .............................................................................................................................................................. 30

5.1. GENERAL ELIGIBILITY ......................................................................................................................................................... 30

6. INSTRUCTIONS TO BIDDERS ................................................................................................................................................... 32

6.1. BID SUBMISSION................................................................................................................................................................ 32

6.2. COST OF RFP ...................................................................................................................................................................... 33

6.3. TRANSFER OF RFP .............................................................................................................................................................. 33

6.4. BID RESPONSE ................................................................................................................................................................... 34

6.5. PROPOSAL PREPARATION COSTS ....................................................................................................................................... 34

6.6. SIGNING OF COMMUNICATION TO NEGD .......................................................................................................................... 34

6.7. BIDDER INQUIRIES AND NEGD RESPONSES ........................................................................................................................ 34

6.8. AMENDMENT OF RFP DOCUMENT ..................................................................................................................................... 35

6.9. SUPPLEMENTAL INFORMATION TO THE RFP ...................................................................................................................... 35

6.10. NEGD’S RIGHT TO MODIFY SUBMISSION DEADLINE ........................................................................................................... 35

6.11. NEGD’S RIGHT TO TERMINATE THE PROCESS ..................................................................................................................... 35

6.12. EARNEST MONEY DEPOSIT (EMD) ...................................................................................................................................... 36

6.13. AUTHENTICATION OF BID .................................................................................................................................................. 37

6.14. VALIDATION OF INTERLINEATIONS IN BID ......................................................................................................................... 37

6.15. LANGUAGE OF BIDS ........................................................................................................................................................... 37

6.16. DOCUMENTS COMPRISING THE BID................................................................................................................................... 37

6.17. PERIOD AND VALIDITY OF BIDS .......................................................................................................................................... 38

6.18. PROPOSAL OWNERSHIP ..................................................................................................................................................... 38

7. THE BID PROCESS ................................................................................................................................................................... 39

7.1. PRE-BID CONFERENCE ........................................................................................................................................................ 39

7.2. TENDER EVALUATION COMMITTEE .................................................................................................................................... 39

7.3. OPENING OF BIDS .............................................................................................................................................................. 39

7.4. NEGOTIATIONS, CONTRACT FINALIZATION AND AWARD .................................................................................................. 40

7.5. AWARD CRITERIA............................................................................................................................................................... 40

7.6. NEGD RIGHTS TO ACCEPT / REJECT ANY OR ALL PROPOSALS ............................................................................................. 40



8. EVALUATION PROCESS ........................................................................................................................................................... 41

8.1. OVERALL BID EVALUATION ................................................................................................................................................ 41

8.2. EVALUATION OF BIDS ........................................................................................................................................................ 41

8.3. TECHNICAL BID EVALUATION ............................................................................................................................................. 42

8.4. FINANCIAL BID EVALUATION ............................................................................................................................................. 44

8.5. FINAL EVALUATION OF THE BID ......................................................................................................................................... 44

9. SELECTION PROCEDURE ......................................................................................................................................................... 46

9.1. NOTIFICATION OF AWARD OF CONTRACT ......................................................................................................................... 46

9.2. SIGNING OF CONTRACT ..................................................................................................................................................... 46

9.3. PERFORMANCE BANK GUARANTEE ................................................................................................................................... 47

9.4. MISCELLANEOUS TERMS & CONDITIONS ........................................................................................................................... 47

9.5. FAILURE TO AGREE WITH THE TERMS & CONDITIONS OF THE RFP ..................................................................................... 48

9.6. AGREEMENT ...................................................................................................................................................................... 48

9.7. INDEMNITY ........................................................................................................................................................................ 49

9.8. FORCE MAJEURE ................................................................................................................................................................ 49

10. GENERAL CONDITIONS OF CONTRACT (GCC) .......................................................................................................................... 51

10.1. FRAUD AND CORRUPTION ................................................................................................................................................. 51

10.2. CONFIDENTIALITY .............................................................................................................................................................. 51

10.3. APPLICABLE LAW ............................................................................................................................................................... 52

10.4. RESOLUTION OF DISPUTES ................................................................................................................................................. 52

10.4.1. AMICABLE SETTLEMENT ................................................................................................................................................ 52

10.4.2. ARBITRATION ................................................................................................................................................................ 52

10.5. JURISDICTION OF COURTS ................................................................................................................................................. 53

10.6. TERMINATION / WITHDRAWAL ......................................................................................................................................... 53

10.7. ONLY ONE APPLICATION .................................................................................................................................................... 53

10.8. DISCLAIMER ....................................................................................................................................................................... 53

10.9. BINDING CLAUSE ............................................................................................................................................................... 54

10.10. BIDDER’S INTEGRITY ...................................................................................................................................................... 54

10.11. BIDDER’S OBLIGATIONS ................................................................................................................................................ 54

10.12. PENALTY ........................................................................................................................................................................ 55

10.13. SLA AND OPERATIONAL PENALTIES ............................................................................................................................... 56

10.14. WORKING HOURS / DAYS .............................................................................................................................................. 58

10.15. APPROVAL / CLEARANCES ............................................................................................................................................. 59

11. PAYMENT TERMS ................................................................................................................................................................... 60

12. EXTENSION OF CONTRACT...................................................................................................................................................... 63



12.1. CHANGE ORDERS ............................................................................................................................................................... 63

12.2. KNOWLEDGE TRANSFER & EXIT MANAGEMENT ................................................................................................................ 63

12.2.1. KNOWLEDGE TRANSFER ................................................................................................................................................ 63

12.2.2. COOPERATION AND PROVISION OF INFORMATION ...................................................................................................... 63

12.2.3. CONFIDENTIAL INFORMATION ...................................................................................................................................... 64

12.2.4. TRANSFER OF CERTAIN AGREEMENTS ........................................................................................................................... 64

12.2.5. GENERAL OBLIGATIONS OF BIDDER ............................................................................................................................... 65

12.2.6. EXIT MANAGEMENT ...................................................................................................................................................... 65

12.3. BANKRUPTCY AND INSOLVENCY ........................................................................................................................................ 68

ANNEXURE-I: DECLARATION (ON THE RESPONDENT’S LETTER HEAD).............................................................................................. 69

ANNEXURE-II: COVERING LETTER WITH THE PROPOSAL IN RESPONSE TO RFP NOTICE .................................................................... 70

ANNEXURE-III: DETAILS OF THE RESPONDING FIRM ........................................................................................................................ 72

ANNEXURE-IV: FINANCIAL INFORMATION SUMMARY .................................................................................................................... 73

ANNEXURE-V: CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF* TEMPLATE .......................................................... 74

ANNEXURE-VI: FINANCIAL PROPOSAL COVERING LETTER................................................................................................................ 77

ANNEXURE-VII: FORMAT OF SENDING PRE-BID QUERIES ................................................................................................................ 80



Abbreviations

CB Capacity Building PMIS Project Management Information System

CD Compact Disc PMS Performance Management System

CV Curriculum Vitae PMU Project Management Unit

DONER Development of North East Region QCBS Quality and Cost Based Selection

eGCF e-Governance Competency Framework SCSP Scheduled Caste Sub Plan

EMD Earnest Money Deposit SDS System Design Specifications

ES Evaluation Score SeMT State e-Mission Team

GIGW Guidelines for Indian Government Websites SLA Service Level Agreement

GPR Government Process Re-engineering SI System Integrator

HRMS Human Resource Management System SOP Standard Operating Procedures

KMS Knowledge Management System SRS System Requirement Specifications

LMS Learning Management System STQC Standardization Testing and Quality Certification

MMP Mission Mode Project TSP Tribal Sub Plan

MSA Master Service Agreement UAT User Acceptance Testing

NE North East

NEC North Eastern Council

NeGD* National e-Governance Division

PAN Permanent Account Number

PBG Performance Bank Guarantee

* NeGD: The Department of Electronics and Information Technology, Government of India has formed the National e-Governance Division (NeGD) as an autonomous business division within Media Lab Asia, under the Ministry of Communication and Information Technology, Government of India, for supporting and assisting Department of Electronics and Information Technology in the Program Management of NeGP (e-Kranti) and supporting Digital India Program.



1. Invitation for Bids

1.1. Request for Proposal (RFP) Notice

1. This RFP document invites detailed bid proposals from the interested Parties (Bidders) to submit their Pre-Qualification Criteria, Technical and Financial offers for Installation, Commission and Maintenance of the KMS in accordance with the conditions and manner prescribed in this RFP document.

2. Bidder Agencies are advised to study this RFP document carefully before submitting their Proposals in response to the RFP notice. Submission of a Proposal in response to this notice shall be deemed to have been done after careful study and examination of this document with full understanding of its Terms, Conditions and Implications. Late Submission of the bids will not be accepted at any cost.

3. Bidder Agencies are requested to attend a Pre-Bid Conference on 28-April-2016.

2. Critical Information

S. No Information Details

1. Tender inviting authority NeGD

2. RFP No. and Date N-21/8/2016-NeGD dated 08-April-2016

3. Last date for submission of written queries for clarifications

25-April-2016 at 03:00 p.m.(all queries must be sent in excel format by email as per annexure VII)

Email : [email protected]

4. Cost of RFP document The cost of RFP is ZERO.

5. Earnest Money Deposit (EMD) Rs. 10,00,000/- (Rupees Ten Lakhs) in the form of Demand Draft or Fixed Deposit Receipt (valid for a period of one year) from Nationalized/ Scheduled bank in favor of: Media Lab Asia - NeGD, payable at New Delhi. OR Bank Guarantee from Nationalized/Scheduled bank in acceptable form valid for a period of 1 year.

6. Date of Pre-B Conference 28-April-2016 at 03:00 PM (Confirmation email to be sent to participate in Pre-Bid conference one day in advance)

7. Release of response to clarifications and issuance of Corrigendum

06-May-2016 at 03:00 PM



S. No Information Details

8. Last date of purchasing/downloading RFP

16-May-2016

9. Bid Validity Period 120 days from the last date (deadline) for submission of proposals

10. Last date (deadline) for submission of Bids

17-May-2016 up to 05:00 PM

11. Opening of Technical Bids 18-May-2016 at 11:00 AM

12. Technical presentation by bidders (For

Bidders qualifying Pre-Qualification

Criteria only)

Technical presentation will begin on 18-May-

2016 at 11:30 AM in alphabetical order of

bidder name. Each bidder will be given ½ hour

slot to present.

13. Opening of Financial Bids 24-May-2016 at 02:30 PM

14. Contact Person for queries Mr. Shilohu Rao N J P General Manager(Capacity Building),NeGD Electronics Niketan, Department of Electronics Information Technology(DeitY) 6, CGO Complex, New Delhi Phone : 011-30481621 (10AM - 4PM) Email : [email protected]

15. Addressee and Address at which

proposal in response to RFP notice is

to be submitted:

Ms. Caralyn K Deshmukh, Chief Operating Officer and Director (CB) Electronics Niketan, Department of Electronics Information Technology(DeitY) 6, CGO Complex, New Delhi Phone :+91-11-24301652 Email : [email protected]

16. Deadline/ last date for furnishing performance security

Within 15 days from the date of issue of Work Order.

17. Performance security value (Performance Bank Guarantee)

10% of the quoted amount in the form of Bank Guarantee (from Nationalized/ Scheduled Banks only)

18. Performance Security Validity Period Valid till Mar’ 2017

19. Deadline / last date for signing Agreement

Within 15 days of receipt of the Work Order



3. Introduction

3.1. Program Background

Approved by the Government of India, Digital India is an ambitious Program to ‘transform India into a digitally Empowered society and Knowledge economy’, the focus is on being transformative to realize IT (Indian Talent) + IT( Information technology) = IT( India Tomorrow). The Program aims to benefit every section and sector of the Country by creating an ecosystem for delivery of User centric and qualitative Digital Services. It is an umbrella program which envisages taking together both the Government and the private sector on a fantastic journey of creating Digital India. It is an Umbrella Program that covers multiple Government Ministries and Departments. It weaves together a large number of ideas and thoughts into a single, comprehensive vision so that each of them is seen as part of a larger goal.

This shift requires considerable enhancement of capacities for Visualizing, Conceiving and Delivering Projects aimed at transforming existing systems. This requires knowledge of domain as well as Technical and Techno-Commercial-Legal capabilities in different levels of Government officials. Above all, it requires a basic change in the outlook and functioning of Government, so that it becomes Citizen-centric rather than Process-centric. Moreover, the implementation of numerous e-Governance projects in the country requires specialized professionals who have requisite skills and knowledge in respective areas. With various MMPs in different stages of planning and implementation, various levels of Government officials are involved on different e-Governance projects and they require a deeper understanding of various components to enable them perform more effectively.

3.2. About NeGD & Capacity Building Phase II (CB-II) Scheme

The NeGD is the Central Agency for implementation of Capacity Building Scheme which is aimed at providing technical and professional support to Centre/State/UTs Government at policy and decision making level and to develop specialized skills under e-Governance programme. In addition to this Scheme, NeGD has taken up other initiatives to strengthen North Eastern States and targeted training programme for SC & ST officers serving under TSP and SCSP areas.



4. Knowledge Management System (KMS)

4.1. Project Introduction

To fulfill and translate the vision of Digital India into a successful programme, and to build adequate and relevant capacities at all levels of Government to execute e-Governance projects. Under this scheme, for an overall capacity building, efforts are also being made to establish a Knowledge Management System (KMS) which will help in managing the skill, scale and speed in e-Governance projects under Digital India. KMS will facilitate following:

A. Knowledge creation and capture. B. Knowledge sharing and enrichment. C. Information storage and retrieval. D. Knowledge dissemination.

4.2. Project Objective

One of the key defining elements central to the success of any institution is to ensure an involvement of continual Knowledge sharing. To foster such a practice at an institutional level at NeGD, Department of Electronics & IT (DeitY) and at the MMP departments, it is imperative to use technology in such a way that knowledge exchange becomes a normal engagement without external interventions. Each person would like to use, re-use and contribute Knowledge.

The Knowledge Management System is envisaged as a vibrant platform for accessing knowledge & information on e-governance, as well as to share and collaborate. KMS will facilitate the access to and exchange of knowledge, as well as its generation to maximize the skill, scale and speed in e-Governance projects under Digital India.



4.3. Key Outcomes Expected through KMS

The following are the key outcomes expected after implementing and operationalising KMS,

a) Knowledge creation, capture. b) Knowledge Sharing and enrichment.

i.) Knowledge submission ii.) Knowledge evaluation

iii.) Knowledge publishing

c) Knowledge storage and repository. d) Knowledge dissemination/replication (use of shared knowledge by others),

i.) Publishing the results of such replication. ii.) Capturing any new knowledge that might have been obtained during the replication.

iii.) Generation, evaluation and approval of Innovative Ideas from employees and also publishing their implemented Ideas.

iv.) Rating of content by users.

e) Increasing the reach to maximum stakeholders spread across the country i.) People can share & replicate knowledge without having to physically move from one

location to the other.

f) Scalability is expected to goes up, since the knowledge assets are available all the time and increase in scope



4.4. KMS Ecosystems and Stakeholders

The following is the ecosystem envisaged for KMS

Roles and responsibilities of the different stakeholders

SL No. Roles Responsibility

1. NeGD

Implementation

Committee

Vet and Validate the proposal and detailed specification of

the proposed KMS.

Development and Rollout of the KM System/Portal.

Coordinating and inducting of the Knowledge Managers.

Finalization of Taxonomy of the domains.

Review the current knowledge generation and management

practices to identify good practices as well as bottlenecks,



gaps and duplications.

Review and monitor the KMS implementation progress from

time to time and provide guidance as and when the changes

are required/proposed.

Create policy for KMS usage and suggest rules and regulation

to protect the integrity of Knowledge assets/objects and

communicating the institutional use of the KMS.

Issuing necessary office memorandums for further

development, and clarifications sought by Central and State

departments.

Monitor the implementation of KMS (change management,

staff training, etc) and the effective usage of KMS.

2. KMS Advisory Committee

Provide overall guidance with regards to the strategic inputs at the policy level for KMS implementation.

Provide advice and guidance with regards to decision on extending the scope of KMS.

Provide advice on collaboration with international Governments/International Governmental Organizations / Multilateral Institutions on KM and KMS.

Annual review of outcomes and performance relating to the Knowledge Management System (KMS).

Suggest a systematic method and tools to capture emerging knowledge in the context of the different activities implemented.

3. System Developer (SD) for KMS

Implement the solution as per RFP (Request for Proposal) & scope requirements of KMS.

Support in integration with the existing as well as proposed



systems (HRMS, PMS, LMS etc.)

Deployment & go-live of KM system with dedicated portal.

Support over any defect fixing/ bug fixing as required during KMS implementation.

Provide services as per the defined SLA (Service Level Agreement) in the RFP.

Categorization & Classification of Knowledge by proposed KMS.

Provide customization as and when required.

Provide sufficient resources & technical support during operations & maintenance phase.

4. NeGD KMS Team • KM Team of NeGD to monitor the implementation of KMS as per the project plan shared.

• Highlight the deviation to the NeGD management as required.

• Coordinate between all the agencies for effective & efficient KMS implementation.

• Liaison with all the relevant stakeholders as required.

• Report the status to NEGD as per the predefined frequency.

5 Knowledge Managers / Champions

• To facilitate in providing good quality Content from time to

time.

• To review the content developed and uploaded on the KM

Portal and highlight /modify any irrelevant content.

• To highlight the current Best Practices nationally/

Internationally in KM including its processes and work flows.

• To suggest changes in KM System/Portal for seamless sharing of

knowledge and its continuous improvement.



4.5. Scope of Work

This project envisages the installation, commissioning and maintenance of an integrated KNOWLEDGE MANAGEMENT SYSTEM (KMS) for NeGD, DeitY and MMPs. As per DeitY (Government of India) policy, preference shall be given to Open Source Software (OSS), however, NeGD is open for both Closed Source Software (CSS) and Open Source Software (OSS). The Bidder shall provide justification of exclusion of OSS in their response as the case may be. NeGD will decide by comparing both OSS and CSS options with respect to capability, strategic control, scalability, security, life time costs and support requirements.

This KMS solution shall be implemented on a dedicated portal on managed cloud based hosting model over a dedicated instance. The data shall reside in India premises, i.e. No Data Centre shall be clustered outside India. The following are the broad indicative components to be covered as part of the scope of work for KMS

a. Organization of Knowledge b. Structure for Implementation c. Change Management Process by KMS d. KMS Features e. KMS functional & technical requirements f. Service Expectations g. General Deliverables h. Support and Maintenance



4.5.1. Structure for implementing the Knowledge Management

The Knowledge Management System will be implemented in the three phases covering the objectives defined under the Digital India. Initial phase will cover the knowledge management within the NeGD level, second phase will cover the DeitY and third phase will be covering the MMPs’ under the ekranti.

The advancement of E-Governance develops the knowledge hub with specialists and experts to disseminate knowledge and expertise on a particular domain to other users of the governance model. In addition, the planned KMS should be open to everyone to impart his/her knowledge and also should provide an environment where the knowledge flows smoothly from the source with knowledge to the destination that needs the knowledge.

KM LEADERSHIP

PEOPLE, CoP & KNOWLEDGE MANAGERS

Knowledge Domains

Knowledge Domains

Knowledge Domains

Knowledge Domains

BEST PRACTICES, POLICIES, METHODS ETC

KNOWLEDGE MANAGEMENT SYSTEM

TOOLS TECHNOLOGY PROCESS

NeGD

MMPs

MINISTRY

DEPARTMENT

Knowledge Domains

DeitY

DIGITAL INDIA

PHASE 1 IMPLEMENTATION PHASE 2 IMPLEMENTATION

PHASE 3 IMPLEMENTATION

DIGITAL INDIA PORTAL

KNOWLEDGE MANAGEMENT

SYSTEM (KMS)

PHASE I

NeGD Level

Intra Dept Inter Dept

PHASE II

DeitY

PHASE III

MMP in Central and State Govt.



4.5.2. Change Management Process by KMS

The proposed KMS need to inculcate the change management process by incorporating following features.

The proposed KMS fulfils the change management expectations with following features for the successful change management process through KM at (1) Ministry Level, (2) Each Department within the Ministry and (3) Individual MMP Level.

4.5.3. Indicative Knowledge Management Framework

The above framework is indicative and is subject to modifications depending upon the future requirements and proposed solutions.



4.5.4. Knowledge Management System Expected Features The functional features for the KMS are given below. This will be the basis for designing, developing and implementing the KMS. Based on these features, interested KM system developers are required to submit a proposal on the KMS that they wish to offer, meeting these requirements. Developers are expected to make a demo / presentation showing the functional requirements listed in all sections of this document.

1. Taxonomy 2. KM Process and Workflows 3. Formats for Knowledge Submission, Evaluation, Publishing and Replication structured into various

categories of Knowledge Objects. 4. Integrated Search and retrieval. 5. Flexible - The system must be designed in a flexible manner so that additional categorization fields can

be added in future, as and when required. Also the system should be able to handle knowledge of any form, including different subjects, structures and media. It should be able to handle forms which do not as yet have been defined;

6. A knowledge-object can be mapped to more than one knowledge area. However, in such cases, one area must be specified as “primary”. This is important as the workflow will send notifications for evaluating and publishing the knowledge-submission to the designated Owner of the “primary” domain. If a user submitting knowledge selects more than one area at the time of submission, the system must prompt the user to select one of the areas as “primary”. The remaining areas, if any, will automatically be treated as “secondary”.

7. System-captured meta-data when adding a document such as keywords, date, title, description, target audience, date of issue, date of expiry, role holders etc.

8. Expiry date: This is a date-field where the user can specify a “delete after” date. For content that has a clear date after which it will become obsolete, the expiry date can be defined at the time of submission or publishing itself. The system must automatically delete / archive such content after the specified date.

9. Date of Issue 10. Tag: At the time of submitting (uploading) a knowledge-object. The Tag is an additional field which will

help in search, as well as to notify people who are most likely to be interested in the knowledge being published.

11. Portal capabilities, for use as intranet 12. Developing new knowledge (identifying relations among items and sharing information); 13. Heuristic - For example, if the solution deals with many requests on a particular domain, it should learn

how to assist users in more depth on that domain; 14. Suggestive - The solution should be able to deduce what a user's knowledge needs are and suggest

knowledge associations that he is not able to do himself; 15. Converting tacit knowledge into shared knowledge resources; 16. Create restrictions by user or page

17. Automatic versioning

18. Quick content creation



19. Team-based knowledge and content management

20. Integrates websites, support forums, and mobile based applications.

21. Supports multiple content formats

22. Migration tool (if required)

23. Live chat

24. Document Management

25. Story telling

26. Guided questions for knowledge capture - successful process & reasons for failure.

27. Request Management

28. Diagnostic tool

29. Expert Locator/database

30. Gamification- A complete Gamification overlay should be considered going beyond rating of content

but to include badges, likes/rating, and comment and promote more sharing of information.

31. Collaboration- Generation, evaluation and approval of Innovative Ideas from employees; and also

publishing implemented Ideas. The tool should allow for each staff member to enter profiles, skills and

map the metadata of such skills to the search capability. The overlay should allow integration with the

content in each domain allowing for comments related to content, providing quick links and contextual

reference when sharing such content.



4.5.5. KMS Functional & Technical Specifications

1. This is a functional specifications document. A detailed system design document must be prepared based on this by KMS developer/vendor. A copy of the final system design document must be provided to NeGD. However, this functional specifications document will continue to be the basis for developing / implementing the KMS. The key KMS portal basic functions

a. Single Sign-on, profile b. Structure, navigation and personalization c. Community, share and collaborate d. Work flow e. Capture, store and publish f. Categorize and classify g. Search and retrieve h. Notification i. Integration with other applications in the eco systems. j. Maintenance.

2. The KMS developer will be responsible for providing the following trainings each phase: a. Training of technical support staff b. Training of KMS administrator c. Different batches of User-training as per the requirements in different phases. d. Total training men days to be specified in the proposal as per the architecture, software

and other technological requirements.

3. The KMS developer must provide hard and soft copies of the following documents before the training:

a. User manual b. Technical manual c. Administrator manual

4. KMS source code is the property of NeGD and must be handed over to the NeGD.

5. It is the Vendor’s responsibility to completely test the KMS for all functional requirements before

offering it to the NeGD. The Vendor must provide an undertaking to rectify any bugs / system errors detected in the system post-implementation and testing, at no extra cost to the Client, for a period of 24 months from the date of phase III of KMS going live.



4.5.5.1. Support from KMS developer / vendor for future functional and technical upgrades

Additional requirements based on new ideas, suggestions from Users and changing organizational requirements may arise in future from time to time. The KMS Developer / Vendor must be capable of providing support for future upgrades both to features / functionality as well with advancing technology. Vendor to give a written undertaking to provide future upgrades / support of the KMS, as and when required without any additional charges.

4.5.5.2. Technical Requirements

S. No.

Area Features Description

1 Compatibility Compatibility with Devices and existing systems (For future integration)

• Desktops, Tablets & Smart phones • Data can be in different formats including but not limited to, MS-

Word, excel, power-point, PDF, video etc.

• Project Monitoring Tool • PMIS, PMS • Custom HRMS applications • Employee database • LDAP, ADS/custom directory

• Chrome, Mozilla Firefox, IE and Safari

Other Compatibility

• KMS shall be compatible and compliant with standards like SCORM 1.2 , LTI 2.0 , SCORM 2004 , Xapi

2 Configurability Configuration, customization and branding the content

• Configurable Home Screen

• Configurable User Registration and information pages

• Brand able - branding (inclusion of logos, usage of fonts and colors etc.) as per the standards required

3 Administration Administration & Access Management

• Should enable different level of privilege across the application

• Customizable roles and levels of access

4 Scalability Technical • Supports clustered/load balanced servers

5 Support Support & Service Management

• L1/L2 Support to be provided for all query handling and for handling issues faced by users in KMS

• Support Availability 24*7 (24 hours a day, 7 days a week)

• Service Request Management

6

Interface User-Friendly GUI • User-friendly interface for Admin and Learner

• Easy navigation through well-defined menus and logically defined structure

• Customizable login screen and dashboard

7 Availability Other parameters • KMS shall be available for 24 hours a day



S. No.

Area Features Description

8 Documentation Technical & Functional Documentation

• FAQs • User Manuals • Standard Operating Procedures • Workflows

9 Security Security Features & Auditing

• Audit Trail shall be maintained for KMS and the audit logs shall be maintained as per NeGD storage and archival requirements.

• Security Audit of the KMS to be conducted from a Cert-In empanelled company after the KMS implementation is performed.

10 Design Architecture and Hosting

Design Architecture and Model for hosting the Technology and Infrastructure

• Bidder to provide the detailed design and architecture of the KMS solution with the details of the Bill of Material and Bill of quantity to support the architecture

• A cloud based hosting model is suggested over a dedicated instance. At the same time the storage of the data shall remain in India premises.

11 Licenses Software licenses The bidder should procure licenses for the KMS application, server, database and related infrastructure and hand over NeGD as required.

12 Communication Mail / Mobile KMS shall be compatible for communication via mail as well as via SMS.

4.5.5.2.1. Integration with other systems

1. KMS should be integrated with other systems like LMS, PMIS, eOffice etc. The interoperability

between KMS and LMS needs to be established when both systems are live. Vendor need to evolve benchmarking standards for integration with other systems in consultation with NeGD.

2. It is desirable that the system links with, at minimum, the HR system to ensure that user accounts can be created based on HR records. Preferably, when a staff exits the organization, the system having been linked with HR system should raise an alert and cause the workflow for removal of the user account from KMS.

3. KMS shall have the provision to notify the members via e-mail about new resources, features etc. 4. KMS shall integrate with social media and other NEGD collaboration portal for increased

collaboration and sharing between the employees.

4.5.5.2.2. Scalability

The KMS should be able to:

a. Handle a minimum of 1000 Users for phase I with provision to further scale up the system for other phases II and III depending upon the requirement from each MMP, DeitY and other central/state departments involved in e-governance.

b. Support at least 500 concurrent sessions for the phase I can be increased as per the requirements various phases (Phase II & III) requirement without any capacity constraints in



cloud access. The phase II & III requirement will be mapped based on the phase I implementation. After the implementation of the phase I, the users can be mapped as Knowledge Managers who contribute contents and viewers of the knowledge objects who are employees of various ministries. As of now Group A & B officers working in the central government is 3.8 Lacs. The KMS need to provide the equipped capacity to handle the viewership for all Group A and B officers at the end of final rollout of the KMS.

c. The bidder should mention the maximum equipped capacity as well as the maximum concurrent session can be provided in their proposal.

d. Can be serviced as Software as a Service (SaaS) using the cloud platform with proper load balancing.

4.5.5.2.3. Search Feature

a. The proposed KMS should be able to provide the search facility within the KMS portal with basic and advance features. The KMS should be able to provide the knowledge objects related subject in structured manner in each category wise.

b. The proposed KMS should be able to provide the internal search widget as well as external search widget in each phase of implementation.

c. The proposed KMS should have the taxonomy filters and different types of filters like data type, domain etc.

4.5.5.2.4. Notification

d. The Proposed KMS should able to provide the notification by email or SMS facility to inform subscribers for any new knowledge object in their domain area of interest.

4.5.5.2.5. Security

1) The KMS should provide for capabilities to enforce access controls to protect User information from manipulation and any unauthorized access.

2) The contents should be accessible via secure port and protocols only. 3) Audit Trail shall be maintained for KMS and the audit logs shall be maintained as per NeGD

storage and archival requirements. 4) Security Audit of the KMS to be conducted from a Cert-In empanelled company after the KMS

implementation is performed.

4.5.5.2.6. Software licenses

1) The bidder should procure licenses for the KMS application, server, database and related infrastructure and hand over to NeGD as required.



4.5.5.2.7. Solution Architecture and Model for hosting the Technology and Infrastructure

1) Bidder to provide the detailed design and architecture of the KMS solution with the details of the Bill of Material and Bill of Quantity to support the architecture.

2) A managed cloud based hosting model is suggested over a dedicated instance. At the same time the storage of the data shall remain in India premises and comply with the guidelines issued by the GoI on cloud services in India like the data center must be located in India without any clustering outside India.

4.5.5.2.8. Compatibility

1) KM portal shall be compatible with Desktops, Tablets & Smart phones. 2) Data can be in different formats including but not limited to, MS-Word, excel, power-point,

PDF, video etc. 3) Browsers: Chrome, Mozilla Firefox, IE and Safari etc ( Browser Independent)

4.5.5.2.9. Configuration and Branding

1) Configurable login screen (by Administrators and Members). 2) Configurable user registration and information pages. 3) Brand able - branding (inclusion of logos, usage of fonts and colors etc.) as per the standards

required.

4.5.5.2.10. Administration and Access Management

1) Should enable different level of privilege across the application (NeGD Super Admin, Knowledge Manager, Domain Owners, Members etc).

2) Customizable roles and levels of access



4.5.6. Service Expectations

Selected bidder is expected to provide the following services during Installation, Commissioning and Maintenance. An Indicative list of services to be provided by the selected Bidder as part of scope of work is as follows.

4.5.6.1. Project Initiation

1. Understanding of the requirements at NeGD. 2. Deployment of the necessary team members for the KMS implementation. 3. Preparation and sharing the detailed project plan with the roles, responsibilities, activities and

milestones covering the KM activities in the NeGD, DeitY, Central/State MMP's and other e-Gov projects.

4. Preparation of the Work Flow and Process flow documents. 5. Submission of the System Requirement Specifications and document citing the Fitment of the

KMS solution all the functional requirements as specified in the RFP 6. Obtain NeGD buy-in and sign-off on these documents.

4.5.6.2. Project Implementation

1. Initiate the implementation 2. Customize the KMS product to suit to KM activities in the NeGD, DeitY, Central/State MMP's and

other eGov projects. 3. Roll out the modules in phases based on the project implementation plans as agreed during the

contractual phases 4. Provide services to ensure the KMS implementation meets the security and SLA requirements 5. Provide services to transition the content into KMS 6. Testing (unit testing, system testing, integration testing, user acceptance testing) 7. Performance testing – Stress, load testings 8. Provide service for bug –fixing and stabilization 9. Go-live after taking NeGD approval

4.5.6.3. Operations, Maintenance, Monitoring and Control - till the Project Period (March'17)

1. Create and operate Help Desk for easy resolution of client issues (L1 and L2 Support) 2. Respond to queries and support requests 3. Monitor and Report Performance as per the Service Level Agreements 4. Submit SLA reports and bidder compliance to the SLAs as per the agreed frequency. 5. Provide support with extraction and various kinds of reports customized to NeGD requirements 6. Report Project Variances



7. Intervene with Control Mechanisms as and when necessary 8. Submit necessary Project Documents to NeGD

Selected Bidder is expected to provide the following services during KMS Implementation and Operationalization and maintenance. An Indicative list of services to be provided by the selected bidder as part of scope of work is as follows,

4.5.6.4. Submit Internal Audit Reports Periodically (every month) on the Project Progress

4.5.6.5. Exit Plan and hand over the Project in accordance with the Plan.

The bidder shall perform the Knowledge Transfer & Exit Management planning as per the section 12 of this RFP document.

4.5.6.6. Delivery Stages.

A. The project is expected to commence within 90 days on issuance of the purchase orders

and signing of contract. Will have to launch pilot covering NeGD and SeMT. B. NeGD Phase I to be completed within 90 days on issuance of the purchase orders. C. On completion of the Phase I, the successful bidder in close coordination with the NeGD

must complete the Phase II covering all the knowledge hubs in the DeitY within 6 months i.e. 180 days from the issuance of the purchase orders.

D. On completion of the Phase II, the , the successful bidder in close coordination with the NeGD must complete the Phase III covering all the knowledge hubs in the Central/State MMP's and other eGov projects within 9 months i.e. 270 days from the issuance of the purchase orders.

E. Any extension of the dates normally not entertained but if any reasonable delay in the project schedule can be extended with the approval of P&CEO, NeGD.

F. The initial Trial Version trail run in the within the NeGD for 1000 users within the 90 days of issuance of the purchase orders with following basic features.



4.5.6.7. Suggested Webpage Tabs

Sl. No Description Remarks

1 P& CEO/Director Tabs

The Home page to be designed to allow quick navigation to individual Directors to access with capability to modify the section.

2 Team Space The Home page to be designed to allow quick navigation to individual Domain/department/vertical/team space with capability to modify the structure/Category/taxonomy of the internal team site and personalized look and feel.

3 Resource Section The Home page to be designed to allow quick navigation to resources like HR & Admin Kit, Orientation Kit for each vertical, Letters/Orders/circulars, Acts/Policies/Framework/Guidelines etc.

4 News & Announcements Section

quick look at news and announcements

5 Events Calendar Section

quick look at events being staged by each domain/department/vertical/team with capability to link to modify their respective information.

6 Personal Folder: this space will allow the user to store and manage personal files.

7 Motivational Quotes

Quote of the day to provide motivational quotes for the employees

8 Know your colleagues Section

Complete directory of all NeGD employees, and the means of contacting them by telephone, e-mail etc. The users will be able to modify and update their personal information.

9 Personalization This function will allow users of the system the capability to customize the information which appears on their Home Page to meet their daily needs. They will be able to create direct links to areas of the site that they access most often.

10 Feedback Link: This function will allow users to send feedback to the site Administrators

11 Search Link This function will provide site wide search capabilities.

12 Help Link This area will provide general instructions to Intranet users regarding browser compatibility and desktop settings.



4.5.6.8. General Deliverables of the project

The following are the deliverables for selected bidder.

Sl No Phases Key Deliverables

1 Project Initiation Project Plan with activities, milestones and responsibilities

Workflows of the various components including but not limited to, User registration, training allotment, online assessment, User access management etc. needs to be created. Bidder needs to obtain NeGD signoff on each of these workflows.

Draft SRS, FRS, SDS documents

2 Project Implementation Project Test Results (including Unit, Integration, Stress, Load, UAT tests)

STQC Certifications

Roll out Plan

Security Audit Report

Training Documents

SOPs, User Manuals

3 Operations, Maintenance Monitoring and Control

SLA Reports

Updates on SOPs and User Manuals

Fortnightly project progress trackers

Internal Audit Reports Periodically (every Quarter) on the Project Progress

4 Exit Plan and hand over Exit Management Plan (As per Section 12.2 of RFP)

Progress Tracking Report of Exit

Deliverables may be added to this based on discussions with NeGD during project implementation stages. The actual list of activities and associated deliverables shall be discussed and agreed during the contractual stages.



A phase wise implementation approach is envisaged during KMS implementation. Bidder is required to submit a detailed phase wise implementation plan and showcase the same during the technical evaluation phases. Bidder shall submit the following key documents as part of the bid

a. Compliance to the Functional and Technical requirements as specified in the scope of work

Compliance to the GIGW guidelines.

4.5.6.9. Help Desk Support - Definitions

L1 Support:

L1 or Level 1 Support is the initial support level responsible for basic user issues. The first job of a Tier I specialist is to gather the customer’s information and to determine the users issue by analyzing the symptoms and figuring out the underlying problem. L1 support personnel is expected to resolve the basic issues reported by any users over KMS registration, password reset, course not visible so on and so forth. Bidder is requested to provide a list of activities proposed to be undertaken by L1 support personnel as part of the technical bid.

L2 Support:

L2 or Level 2 is a more in-depth technical support level than L1 Support and requires more experienced and knowledgeable personnel on a KMS and related support services. It is synonymous with level 2 support, support line 2, administrative level support, and accounts for advanced technical troubleshooting and analysis required for rendering the solution posed. L2 shall provide support in resolving any query that is unresolved by L1. In case L2 support personnel is not in a position to resolve any query/request raised, they are required to taken support from their organization over the same to ensure request resolution.

4.5.6.10. Note to the KMS Developer

If the vendor wishes to demonstrate and recommend any additional features / capabilities in their KMS, which are not specified in this document, this must be specifically listed in a separate section at the end of their proposal, titled “Extra features offered over and above client’s Functional specifications.” These may be shown in the demo AFTER the vendor has FIRST demonstrated the features, workflows and reports that are specified in this document.



5. Eligibility Criteria

5.1. General Eligibility

The RFP can be responded by software companies certified with CMMI Level 3 & above and having KMS design/development/implementation etc. Categories of organizations can be government, semi-government and private organizations with at least three years of experience in the said categories.

5.2. Pre-Qualification Criteria

SN Pre-Qualification Criteria Required details

1 Certificate of Registration

The firm should possess and furnish proof of certificate of registration/incorporation. It should also provide the PAN & Service Tax registration.

2 The organization must have positive net-worth as on 31st March 2016.

Certificate by Charted Accountants or Statutory Auditors of the Bidder. Please provide the unaudited financial statements in case of 2015-16 (if not available).

3 Is an agency/firm with KMS design/development/implementation

Article of Association of the Bidder Company and its Registration papers

4

The bidder should have annual revenue / turnover of minimum Rs. 1.5 Crores from KMS / KMS similar projects** for each of the last three financial years (FY 2013-14, 2014-15, 2015-16).

Note: **KMS similar projects means the total IT solution having KMS as one of the key component, comply with atleast 50% of the features mentioned in section 4.5.4 in this RFP.

Certificate from Chartered Accountants citing the revenue / turnover from KMS Projects for each of the last four financial years. Please provide the unaudited financial statements case of 2015-16 (if not available).

5

Experience of having successfully completed KMS / KMS similar projects** during last 7 years as on 31.03.2016 with the following a. Three KMS / KMS similar projects**completed with 2 crores turnover. b. Two KMS / KMS similar

References Completion Certificates from the Client; OR Work Order + Self Certificate of Completion (Certified by the Authorized Signatory); OR Work Order + Phase Completion Certificate from the Client



SN Pre-Qualification Criteria Required details

projects**completed with 2.5 crores turnover. c. One KMS / KMS similar projects**completed with 4 crores turnover. Note: **KMS similar projects means the total IT solution having KMS as one of the key component, comply with atleast 50% of the features mentioned in section 4.5.4 in this RFP.

OR Work Order along with proof of payments received from the client. OR Testimonials endorsed by the client + Self Certificate of Completion (Certified by the Authorized Signatory)

6 Details of Company Profile, Strength and Expertise in KMS Implementations

i). Company background, history and why the proposer is qualified to provide the services described in this RFP ii). A description of the firm’s structure, including resumes of the Principals, Project Manager and Professional staff (qualifications, expertise, level of involvement, etc.) who would work directly with NeGD/States

7

The Bidder must have Company Registration Certificate, Valid Sales Tax/ VAT Registration Certificate, Valid Service Tax Registration Certificate

Copy of Certificates

8

The Bidder must not be blacklisted/ debarred/ suspended/banned by any Ministry/ Department of State or Central Government/PSU on the last date of filing of responses to this RFP

A Self Declaration stating to this effect is required to be signed by Authorized Signatory of the Agency with seal.



6. Instructions to bidders

6.1. Bid Submission

The entire proposal shall be strictly as per the format specified in this RFP including Annexure I - VII. Bids with deviation from this format shall be rejected. The Bidders are required to submit the Bid in three (3) separate envelopes as follows: Envelope A: Pre-Qualification Criteria - 2 copies (Original and one copy). Envelope B: Technical Bid - 2 copies (Original and one copy). Envelope C: Financial Bid - 1 copy.

Each copy of Pre-Qualification criteria, Technical Bid and Financial Bid of the tender should be covered in separate sealed covers super-scribing “Pre-Qualification Information for Knowledge Management System Project at NeGD”, "Technical Proposal for Knowledge Management System Project at NeGD" and “Financial Bid for Knowledge Management System Project at NeGD” respectively. Each copy of each Bid should also be marked as "Original" & "First copy" as the case may be.

Format for Financial Bid should be mentioned in separate Sheet.

Two copies of each Bid should be put in a single sealed cover super-scribing “Pre-Qualification criteria" and “Technical Bid” as the case may be.

Financial Bid should be put in separate sealed cover super-scribing “Financial Bid”

Please note that prices should not be indicated in the Technical Bid. It may lead to rejection of the Bid.

Two envelopes containing copies of Pre-Qualification criteria and Technical Bid should be put in another single sealed envelope clearly marked “ RFP for Installation, Commissioning and Maintenance of KMS under CB-II” project.

These envelopes are to be super scribed with RFP Number and the wordings “DO NOT OPEN”.

The cover thus prepared should also indicate clearly the Name, Address, Telephone Number, e-mail ID and Fax Number of the Bidder to enable the Bid to be returned unopened in case it is declared as "Late".

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 with page numbers. Different copies must be bound separately.

Any deficiency or deviation in the documentation may result in the rejection of the Bid.

In case of any discrepancy observed by NeGD 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.

As part of the Bid, Bidder should also provide the Pre-Qualification Criteria and Technical Bid in soft copy format, in the form of a non-re-writeable CD (Compact Disc) as follows:

i) Two copies of CD each containing the Pre-Qualification criteria and Technical Bid - The CDs containing Pre-Qualification criteria and Technical Bid should be sealed along with the hard copies of the respective bids. The CD should contain a single PDF file with all the relevant information included in a sequence exactly as in the paper proposal.

ii) All CDs submitted by the Bidder must be in sealed covers. The sealed covers as well as the CD media must be duly signed by the Bidder using a “Permanent Pen/Marker” and should be super-scribed with “Pre-Qualification Criteria” and “Technical Bid -Soft Copy”, as the case may be and should also bear the Name and Number of the Bidder.

iii) Bidder must ensure that the information furnished in respective CDs is identical to that submitted by them in the original Paper Bid Document. In case of any discrepancy observed by NeGD in the contents of the CDs and original Paper Bid Documents, the information furnished on original Paper Bid Document will prevail over the soft copy.

Bidder must ensure that Technical Bid CDs do not contain any financial items/ prices.

If the outer envelope is not sealed and marked as indicated above, NeGD will assume no responsibility for the Bid’s misplacement or premature opening.

In case of any discrepancy between the soft copy and the hard copy versions of the proposal, the hard copy version will be considered as the final version and be evaluated accordingly.

6.2. Cost of RFP

The cost of RFP is Zero. The Bidders can download the RFP document from “www.negp.gov.in”.

6.3. Transfer of RFP

The RFP document is not transferable to any other Bidder.



6.4. Bid Response Bidders are advised to study all Instructions, Forms, Terms, Requirements and other information in the RFP documents carefully. Submission of Bid shall be deemed to be done after careful study and examination of the RFP document with full understanding of its implications. The response to this RFP should be full and complete in all respects. Failure to furnish all information required by the RFP document or submission of a Proposal not substantially responsive to the RFP document in every respect will be at the Bidder's risk and may result in rejection of its Proposal and forfeiture of the Bid EMD. The decision of NeGD in this regard is final and binding to all Bidders.

6.5. Proposal Preparation costs

The Bidder is responsible for all costs incurred in connection with participation in this process, including, but not limited to, costs incurred in conduct of informative and other diligence activities, participation in meetings/discussions/presentations, preparation of Proposal, in providing any additional information required by NeGD to facilitate the Evaluation Process, and in negotiating a definitive contract or all such activities related to the bid process. NeGD will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding Process. This RFP does not commit NeGD to award a Contract or to engage in negotiations. Further, no reimbursable cost may be incurred in anticipation of award. All materials submitted by the Bidder become the property of NeGD and may be returned at its sole discretion, provided, any materials which are identified as “Proprietary and Confidential Material of Bidder” shall remain the property of such Bidder and the NeGD shall maintain confidentiality of such materials.

6.6. Signing of Communication to NeGD

All the communication to NeGD including this RFP and the Bid Documents shall be signed on each page by the Authorized Representative of the bidder and Authority Letter should be attached with the Bid.

6.7. Bidder Inquiries and NeGD responses All Inquiries / Clarifications from the Bidders, related to this RFP, must be directed in writing/ e - mail to the contact details notified in this RFP document. The preferred mode of delivering written questions to the aforementioned contact details would be through email. Telephone calls will not be accepted. In no event will NeGD be responsible for ensuring that Bidders' inquiries have been received by NeGD.



6.8. Amendment of RFP Document

a) At any time till seven (7) days before the deadline for submission of Bids, NeGD may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the RFP document by an Amendment. All the amendments made in the document would be circulated to the Bidders through e-mail and will form part of RFP for purpose of Bid Evaluation. All the Amendments/ Modifications made will also be available on website www.negp.gov.in.

b) The Bidders are advised to be in contact with NeGD on regular basis for checking necessary updates. NeGD also reserves the right to amend the dates mentioned in this RFP for Bid Process.

c) In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their Bids, NeGD may, at its discretion, extend the last date for the receipt of bids by a reasonable period.

6.9. Supplemental Information to the RFP

If NeGD deems it appropriate to revise any part of this RFP or to issue additional data to clarify an interpretation of provisions of this RFP, it may issue supplements to this RFP. The same will be uploaded as Corrigendum on www.negp.gov.in. Any such Corrigendum shall be deemed to be incorporated by this reference into this RFP.

6.10. NeGD’s Right To Modify Submission Deadline

NeGD may, in exceptional circumstances and at its discretion, extend the deadline for submission of Proposals by issuing a Corrigendum or by intimating all Bidders who have been provided the Proposal Documents, in writing or by facsimile, in which case all rights and obligations of the Project and the Bidders previously subject to the original deadline will thereafter be subject to the deadline as extended.

6.11. NeGD’s Right To Terminate The Process

NeGD may terminate the RFP process at any time and without assigning any reason. NeGD makes no commitments, express or implied, that this process will result in a business transaction with anyone. This RFP does not constitute an offer by NeGD. The Bidder's participation in this process may result in NeGD selecting the Bidder to engage in further discussions and negotiations toward execution of a Contract. The commencement of such negotiations does not, however, signify a commitment by NeGD



to execute a Contract or to continue negotiations. NeGD may terminate negotiations at any time without assigning any reason.

6.12. Earnest Money Deposit (EMD)

Bidders shall submit, along with their Bids, EMD of Rupees Ten Lakhs (10,00,000) Lakhs only in the form of a Demand Draft drawn on Nationalized/Scheduled Bank only or in the form of Fixed Deposit Receipt (valid for one year) in favor of Media Lab Asia - NeGD payable at New Delhi. EMD may also be given in the form of Bank Guarantee valid for the period of one year mentioning all the Terms and Conditions of forfeitures in this Bank Guarantee.

The EMD shall be denominated in Indian Rupees only. No interest will be payable to the Bidder on the amount of the EMD.

Unsuccessful Bidder’s EMD will be discharged/ returned within sixty (60) days after the selection of most responsive Bidder.

The EMD shall be submitted with the Technical Bid in a separately sealed envelope. Bids submitted without EMD will be rejected.

The EMD may be forfeited: o If a Bidder withdraws his Bid or increases his quoted prices during the period of Bid Validity or

its extended period, if any; or

o In the case of a successful Bidder if the Bidder fails to sign the Contract for any reason not attributable to NeGD or to furnish Performance Bank Guarantee within specified time; or

o During the Bid Process, if a Bidder indulges in any such deliberate act as would jeopardize or unnecessarily delay the Process of Bid Evaluation and finalization; or

o During the Bid Process, if any information is found to be wrong/ manipulated/ hidden in the Bid.

The decision of NeGD regarding forfeiture of the EMD amount and Rejection of Bid shall be final and binding to the Bidder.



6.13. Authentication of Bid

The original and all copies of the Bid shall be typed or written in indelible ink. The original and all copies (hard copies) shall be signed by the Bidder or a person(s) duly authorized to bind the Bidder to the Contract. A Letter of Authorization shall be supported by a written Power-of–Attorney accompanying the Bid. All pages of the Bid, except for unamended printed literature, shall be Initialled and Stamped by the person or persons signing the Bid.

6.14. Validation of interlineations in bid

The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder, in which case such corrections shall be initiated by the person or persons signing the bid.

6.15. Language of Bids The Bids and all correspondence and documents relating to the Bids, shall be written in the English language. Supporting documents and printed literature furnished by the bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English language. In case of ambiguity, the English version of the Bid shall be considered final and binding. There should be proper page numbering on every page of Bid for proper referencing.

6.16. Documents Comprising The Bid The Bids prepared by the Bidder shall comprise of the following: Envelope A: Pre- Qualification Criteria: The Bid should comprise of Pre- Qualification Criteria along with all the supporting documents as mentioned in RFP. Envelope B: Technical Bid: The Bids prepared by the Bidder shall comprise of the following along with all the supporting documents as mentioned in RFP:

An Authorization Letter of competent Authority, the Bidder to sign/ execute the Proposal as a binding document and also execute all relevant agreements forming part of RFP.

Declaration that the Bidder has not been debarred/ blacklisted by any State/Central Govt./ UT Administration/Semi-Government Organization/ PSU, etc. for Quality of Services.

Declaration by the Bidder about the Projects currently undertaken and satisfactory execution of the Project under NeGP/ Mission Mode Projects, and in such cases the complete details of the



project value, project period, and current progress as on date should be provided. NeGD has the right to evaluate and counter check with the respective Government agency on the performance of the Bidder.

Team Composition – Proposed Team size, skill sets of people proposed to be engaged / deployed for the projects.

Curriculum Vitae (CV) of Proposed Staff to be deployed for the Project as per Annexure-V.

Envelop C: Financial Bid: The Bid should comprise of Financial bid as required in the RFP.

6.17. Period and Validity of bids The Bid shall be valid for one hundred and twenty (120) days from the closing date of submission of the Bid. In extreme circumstances, NeGD at its discretion may solicit the Bidders’ consent to extend the Period of Validity. The request and the responses for the same shall be made in writing. The Bid valid for shorter period shall be rejected as Non-Responsive Bid. In any case Bid once submitted cannot be withdrawn. Any conditional Bid would be summarily rejected.

6.18. Proposal Ownership The Proposal and all supporting documentation submitted by the Bidder shall become the property of NeGD.



7. The Bid Process

7.1. Pre-Bid Conference

NeGD will host a Pre-Bid conference on 22-April-2016. If there would be any change in date, then the same will be informed to the Bidder.

The Bidder or its official representative will be invited to attend the Pre-Bid Conference.

Bidders may confirm their participation one day in advance.

The purpose of the meeting is to provide Bidders with information regarding the RFP and the Project requirements, and to provide each Bidder with an opportunity to seek clarifications regarding any aspect of the RFP and the Project.

The response of the Pre-Bid Conference shall be uploaded on the website: https://negp.gov.in/

NeGD may make modifications to the RFP if necessary as a result of Pre-Bid Conference. All such modifications made to the RFP by NeGD will be issued as a Corrigendum to the RFP and shall be uploaded on the website: www.negp.gov.in

NeGD reserves the right to cancel the Pre-Bid Conference without assigning any reason.

7.2. Tender Evaluation Committee

The Tender Evaluation Committee constituted by NeGD shall evaluate the Bid Response submitted by the Bidders. The decision of the Tender Evaluation Committee in the evaluation of the Pre – Qualification Criteria, Technical and Financial Bids shall be final. No correspondence will be entertained outside the Process of Negotiation/ Discussion with the committee.

7.3. Opening of Bids

NeGD reserves the right to postpone or cancel the opening of the Bid.

The Bidders’ representatives, who are present at the time of opening of the Bid, shall sign a Register evidencing their attendance. In the event of the specified Date of Bid Opening being declared a holiday, the Bids shall be opened at the same time and location on the next working day. However if there is no representative of the Bidder, NeGD shall go ahead and open the Bid of the Bidders.

https://negp.gov.in/



During Bid opening preliminary scrutiny of the Bid documents will be made to determine whether they are complete, whether the documents have been properly signed, and whether the Bids are generally in order. Bids not conforming to such preliminary requirements will be prima facie rejected.

To assist on the scrutiny, evaluation & comparison of offers, NeGD may at its discretion ask some or all the Bidders for clarification of the offer. The request of and response to such clarification and response shall necessarily be in writing.

The Bidders shall be responsible for properly super-scribing and sealing of each envelope. Neither NeGD nor the Tender Evaluation Committee shall be responsible for accidental opening of envelopes that are not properly Super-scribed and Sealed.

7.4. Negotiations, Contract Finalization and Award

NeGD shall reserve the right to negotiate with the Bidder(s) whose proposal has been ranked first by the Tender Evaluation Committee on the basis of best value to the project. If NeGD is unable to finalize a Service Agreement with the Bidder ranked first, NeGD will have the discretion to formulate their own Selection Procedure in the best interest of the Project.

7.5. Award Criteria

NeGD will award the Contract to the Bidder whose Bid has been determined to be substantially responsive and has been determined as the Best Value Bid, provided further that the Bidder has demonstrated that it is qualified to perform services required for the Project satisfactorily.

7.6. NeGD Rights to Accept / Reject Any or All Proposals

NeGD reserves the Right to Accept or Reject any Proposal, and to annul the Bidding Process and reject all Bids at any time prior to Award of Contract, without assigning any reason.



8. Evaluation Process

8.1. Overall Bid Evaluation

Tender Evaluation Committee will evaluate and compare the Bids determined to be substantially responsive.

Substantially Responsive Bid: A substantially responsive Bid is one, which conforms to all the Requirements, Terms, Conditions and Specifications of the Request for Proposal without any material deviations. Deviations or Objections or Reservations to critical provisions such as those concerning Performance Security, Warranty, Applicable Law, Taxes and Duties will be deemed as material deviation and make the bid liable for rejection.

NeGD’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself without recourse to extrinsic evidence. It is NeGD/ Tender Evaluation Committee’s intent to select the Proposal that is most responsive /advantageous to the Project needs and each Proposal would be evaluated using the Criteria and Process outlined in this section.

The Technical Evaluation of Bids will be carried out using a Points System. Bidders with score of seventy (70) and above in the Technical Bid shall be considered as Technically Qualified. The Financial Bid of only the Technically Qualified Bidders shall be opened.

If there is a discrepancy between words and figures, the amount in words will prevail. If the Bidder does not accept the correction of the errors, its Bid would be rejected and may result in forfeiture of EMD amount.

The Tender Evaluation Committee may waive any minor infirmity, nonconformity or irregularity which does not constitute a Material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. The Tender Evaluation Committee reserves the right to reject any or all Proposals on the basis of any deviations.

8.2. Evaluation of Bids

Tender Evaluation Committee will carry out a detailed evaluation of the Technical Bids received by it in order to determine whether they are substantially responsive to the requirements set forth in the RFP. In order to reach such a determination, Tender Evaluation Committee will examine the information supplied by the Bidders, and shall evaluate the same as per the Evaluation Criteria specified in this RFP. The Tender Evaluation Committee shall invite only Substantially Responsive Bidders to make a Technical Presentation. The purpose of such presentations would be to allow the Bidders to present their Proposed Solutions to the Tender Evaluation Committee and the key points in their Proposals.



Based on the Technical Evaluation, the Financial Bids of only the Technically Qualified Bidders shall be opened by Tender Evaluation Committee. The Financial evaluation will take into account the information supplied by the Bidders in the Financial Proposal, and shall evaluate the same as per the Evaluation Criteria specified in this RFP.

8.3. Technical Bid Evaluation

The Objective of the Technical Bid Evaluation is to short list Bidders who have the technical expertise/skills that are essential to establish / implement this business activity as envisaged in the scheme.

The Technical Bids shall be evaluated by the Tender Evaluation Committee based on a Weighted Point System, assessing each Bidder’s ability to satisfy the requirements set forth in the RFP Document. The Tender Evaluation Committee will evaluate the Technical Proposals by taking into account factors mentioned below. The information furnished by the Bidders in the Technical Bid shall be the basis for this evaluation.

Each of the Technical Bids shall be evaluated on a score of hundred (100) points

Each Proposal will be evaluated according to the following criteria, but not limited to:

Project Objective, Scope of Work and understanding along with past experience in projects executed of similar nature. Bidders must demonstrate their experience by submitting documentary proof.

Capability of the Proposed Team: Experience and capability of the Proposed Team in similar Projects/Technologies and relevant certifications, if any, of the project team which might help in project delivery.

Feasibility and Technical Viability of the Proposed Solution – The Bidder’s Implementation, Operation and Maintenance Plan, its deployment of sound project management strategy etc. for the project. Also the Quality, Responsiveness, Responsibility, Ease of Use, Reliability and Comprehensiveness of the proposed technologies, Monitoring Solution, Standard Information Systems Security Policies etc. would be evaluated from the perspective of the proposed solution.

In support of the different criteria, the Bidder has to submit the applicable documents.

An Evaluation Score (ES) shall be assigned to each Prospective Bidder on the basis of the Technical Bid submitted. The Technical Evaluation Score shall be based on the number of points that shall be awarded as per the following Evaluation Criteria



S No. Criteria Marks

1 Experience of Bidder in executing KMS projects with atleast 50% of functional features referred under section 4.5.4 within the last 5 years for any national or international clients.

Upto 2 projects --- 10 marks 3 projects to 4 projects --- 16 marks 5 projects to 6 projects --- 18 marks >6 projects --- 20 marks

2 CMMI Level Certified KMS / KMS similar projects** developer Note: **KMS similar projects means the total IT solution having KMS as one of the key component, comply with atleast 50% of the features mentioned in section 4.5.4 in this RFP.

CMMI Level 3 – 3 marks CMMI Level 4 – 4 marks CMMI Level 5 – 5 marks

3 Incorporating Best Industry (National/Global) Practices in KM implementation

Average – 3 marks Good – 6 marks Very Good – 9 marks Excellent - 10 marks

4 Value Addition (demonstrate and recommend any additional features / capabilities in proposed KMS, which are not specified in the scope)

Average – 3 marks Good – 6 marks Very Good – 9 marks Excellent - 10 marks

5 Concurrent sessions in proposed KMS. Up to 500- 2 marks 501-999- 3 marks 1000-4999- 4 marks ≥5000- 5 marks

6 The Maximum Equipped Capacity in terms of registered users of proposed KMS.

Upto 50000 --- 2 marks

50001 – 75000 ----3 marks

75001 - 100000 ----4 marks

> 100000 ----5 marks

7 Proposed Approach & Methodology:

Demonstration of understanding of the project’s

objectives, scope and requirements. Following

parameters will be examined for evaluation:

1) Clarity and depth of understanding of the project’s objectives, scope and requirements

2) Fitment to the functional and technical requirements specified in the scope of work

3) Design effectiveness, built in redundancy, envisaged scalability aspects etc.

4) Completeness and responsiveness: The extent to which the proposal responds exhaustively to all the requirements of NeGD Scope of work

As per Evaluation Committee (Max 30 marks)



S No. Criteria Marks

5) Risks identification and proposed mitigation plan 6) KMS Implementation Plan

8 Demonstration of proposed KMS tool to check the fitment of the proposed KMS meeting the Functional requirements in RFP.

As per Evaluation Committee (Max 10)

9 Proposed Project team to be deployed (as per format) As per Evaluation Committee (Max 5)

Total 100

8.4. Financial Bid Evaluation

The Financial Bid would be opened only of those Bidders qualifying the Technical Evaluation and score a minimum of seventy (70) marks.

8.5. Final Evaluation of the Bid

Financial Bid of the Technically Qualified Bidders, who scored seventy (70) marks or more, will be opened & QCBS method would be applied on 70:30 (Technical : Financial) basis for Technical and Financial Bids submitted. Financial Bid should mention the sum total of prices for all line items mentioned by the Bidder inclusive of all taxes and levies.

NeGD reserves the right to negotiate and award the Contract to the most Responsive Bidder as per the QCBS criteria as mentioned below:

The individual Bidder’s Technical marks will be standardised as per the formula below: Ts= (Tb/Tmax) * 100 Where, Ts = Standardized Techno score for the Bidder under consideration Tb = Total technical points scored by the Bidder under consideration Tmax = maximum technical points scored by any Bidder

The individual Bidder’s Financial marks will be standardised as per the formula below: Fn= (Fmin/Fb) * 100 Where, Fn = Standardized financial score for the Bidder under consideration Fb = Total cost quoted by the Bidder under consideration Fmin = Minimum cost quoted by any Bidder



The method of final evaluation of the Bids is described as follows: Bids will be ranked according to their Standardised Technical (Ts) and Financial (Fn) scores using the weights WT= 0.70 the weight given to Technical Bid; WF=0.30, the weight given to the Financial Bid. The combined Techno-Financial & Price score (S) for the Bidder under consideration shall be computed as per the formula given below: Final Score = (Ts x WT) + (Fn x WF) The Bidder achieving the highest Final Score would be considered for award of the Contract. In case two (2) Bidders have same Final Score, the Bidder having higher Technical score would be considered for award of the Contract.



9. Selection Procedure

9.1. Notification of Award of Contract

Prior to the expiration of the Period of Proposal Validity, NeGD will notify the Successful Bidder in writing or email that the bid has been accepted.

NeGD may place the work order on the Successful Bidder.

The Bidder shall acknowledge in writing to NeGD the acceptance of the Work Order and shall sign the Agreement with NeGD within fifteen (15) days of receipt of the Work Order.

9.2. Signing of Contract

Within fifteen (15) days of receipt of the Work Order, the Successful Bidder shall sign the Agreement with NeGD.

All Incidental expenses of execution of the Agreement shall be borne by the Successful Bidder.

The Agreement between NeGD and the Successful Bidder shall cover in detail the Aspects/Terms of Contract such as mentioned below but not limited to:

Performance security

Warranty Payment

Prices

Assignment

Sub-contracts

Termination

Applicable Law

Notices

Change orders

Taxes and Duties

Confidentiality

Limitation of Liability

Training and Consultancy

Technical Documentation

Project Management

Bidder’s Obligations

Department’s Obligations

Patent Rights

Any additional items as decided by NeGD



Thereafter the Successful Bidder shall be officially termed as “KMS Implementation Partner” for NeGD under the CB II Scheme.

9.3. Performance Bank Guarantee

The Bidder shall submit Bank Guarantee of amount equivalent to ten percent (10%) of the Contract Value as unconditional and irrevocable Performance Bank Guarantee (PBG) from the Nationalized/ Scheduled Bank in the name of Media Lab Asia - NeGD.

The Performance Bank Guarantee shall be valid till the end of Mar, 2017 from the date of signing the agreement. The Performance Bank Guarantee shall be returned to the Bidder only on completion of all work satisfactorily by Mar, 2017. In case Bidder fails to perform the obligation as per the Agreement, the Performance Guarantee will be invoked by NeGD. The Performance Guarantee shall be returned to the Bidder within sixty (60) days from the date of the successful discharge of the Contractual Obligations.

In the event of the Bidder being unable to service the Contract for whatever reason, NeGD would invoke the PBG. Notwithstanding and without prejudice to any rights whatsoever NeGD under the Contract in the matter, the proceeds of the PBG shall be payable to NeGD as compensation for any loss resulting from the Bidder’s failure to complete its obligations under the Contract. NeGD shall notify the Bidder in writing of the exercise of its Right to Receive such compensation within thirty (30) days, indicating the Contractual Obligation(s) for which the Bidder is in default. NeGD shall also be entitled to make recoveries from the Bidder’s bills, Performance Bank Guarantee, or from any other amount due to him, the equivalent value of any payment made to him due to inadvertence, error, collusion, misconstruction or misstatements.

9.4. Miscellaneous Terms & Conditions

The Bidders must individually submit their Technical and Financial offers. Consortium is not allowed.

The end product of the work assignment carried out by the selected Bidder, in any form, will be the sole property of NeGD.

The selected Bidder shall not outsource the work to any other Associate / Franchisee / Third party under any circumstances without the written prior approval of NeGD.

The selected Bidder shall perform the services and carry out its obligations with due diligence and efficiency, in accordance with generally accepted techniques and practices used in the industry and with Professional Training / Consulting Standard recognized by national / international professional bodies



and shall observe sound management practice. It shall deploy appropriate advanced technology and safe and effective methods.

The selected Bidder automatically agrees with NeGD for honoring all aspects of Fair Trade Practices in executing the Work Orders placed by NeGD.

The selected Bidder shall take all the necessary permission required from various Government bodies, and other entities wherever required to carry out the work.

In the event the selected Bidder or the concerned Division of the Company is taken over / bought over by another Company, all the obligations under the agreement with NeGD, should be passed on for compliance to the new Company/ new Division in the negotiations for their transfer.

All the cost and charges in the Bid should be expressed in Indian Rupees without any dependence on exchange rate, duty or tax structure. The Financial Bid quoted by the Bidder must be inclusive of all type of expenses including any type of tax etc. No additional amount will be paid in excess to the quoted price.

Travel requirement of KMS Team member would be decided by NeGD and prior approval of NeGD authorities will be required for undertaking official journeys. The expenses thereof would be borne by NeGD as per NeGD policy.

9.5. Failure To Agree With The Terms & Conditions of The RFP Failure of the Bidder to agree with the Terms & Conditions of the RFP shall constitute sufficient grounds for the annulment of the award of Contract, in which event the Contract may be awarded to the next most responsive Bidder.

9.6. Agreement

NeGD shall execute an Agreement for Award of Contract with the Bidder as per the Terms and Conditions of the RFP. The conditions stipulated in the Agreement must be strictly adhered to and any violation/deviation of any of the conditions may entail termination of the contract or levy of penalty without prejudice to the rights of NeGD. In such a case, NeGD has the right to invoke Performance Bank Guarantee and further right to terminate the entire or part of the contract by giving three (3) months notice period.



9.7. Indemnity Bidder has to indemnify NeGD against any claims, losses, causes, damages, expenses, action suits and other proceedings, resulting from any proceedings initiated against NeGD for any deficiency in services related to the project provided by the Bidder and/or infringement of any IPR during the period of contract.

9.8. Force Majeure

Force Majeure shall not include any events caused due to Acts/Omissions of such party or result from a Breach/Contravention of any of the Terms of the Contract, Bid and/or the Tender. It shall also not include any default on the part of a party due to its negligence or failure to implement the stipulated/proposed precautions, as were required to be taken under the Contract.

The failure or occurrence of a delay in performance of any of the obligations of either party shall constitute a Force Majeure event only where such failure or delay could not have reasonably been foreseen or where despite the presence of adequate and stipulated safeguards the failure to perform obligations has occurred. In such an event, the affected party shall inform the other party in writing/ e-mail at the earliest. NeGD will make the payments due for services rendered till the occurrence of force majeure. However, any failure or lapse on the part of the Bidder in performing any obligation as is necessary and proper to negate the damage due to projected Force Majeure events or to mitigate the damage that may be caused due to the above mentioned events or the failure to provide adequate Disaster Management/ Recovery or any failure in setting up a Contingency Mechanism would not constitute Force Majeure, as set out above. In case of a Force Majeure all parties will endeavor to agree on an alternate Mode of Performance in order to ensure the continuity of service and implementation of the obligations of a party under the Contract and to minimize any adverse consequences of Force Majeure.

Force Majeure clause shall mean and be limited to the following in the execution of the conditions of empanelment placed by NeGD:-

War / Hostilities

Riot or Civil commotion

Earth quake, Flood, Tsunami, Tempest, Lightning or other natural physical disaster

Restriction imposed by the Government or other Statutory Bodies, which is beyond the control of the selected Bidder, which prevents or delays the executive of the order by the selected bidder.

The selected Bidder shall inform NeGD in writing, the beginning and the end of the above causes of delay, within seven (7) days of the occurrence and cessation of the Force Majeure conditions. In the event of a delay lasting for more than one month, if arising out of clauses of Force Majeure, NeGD reserves the right to cancel this agreement without any obligation to compensate the selected Bidder in any manner for what so ever reason, subject to the provision of clause mentioned above.



Neither party shall be responsible to the other for any delay or failure in performance of its obligations due to any occurrence commonly known as Force Majeure which is beyond the control of any of the parties, including, but not limited to fire, flood, tsunami, explosion, acts of God or public disorder, riots, embargoes, or strikes, acts of military authority, epidemics, insurrections, civil commotion, war, enemy actions. If a Force Majeure arises, the bidder shall promptly notify NeGD in writing of such condition and the cause thereof. Unless otherwise directed by NeGD, the successful Bidder shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. The successful Bidder shall, at the discretion of NeGD, be excused from performance of his obligations in whole or part as long as such causes, circumstances or events shall continue to prevent or delay such performance.



10. General conditions of Contract (GCC)

10.1. Fraud and Corruption

NeGD requires that the Bidders engaged through this process must observe the highest Standards of Ethics during the performance and execution of the awarded Project(s). The following terms apply in this context:

NeGD will reject the response of the Bidder, if the Bidder has been determined by NeGD to having been engaged in corrupt, fraudulent, unfair trade practices, coercive or collusive.

These terms are defined as follows:

"Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of NeGD or any personnel during the tenure of project.

"Fraudulent practice" means a misrepresentation of facts, in order to influence a procurement process or the execution of a contract, to NeGD, and includes collusive practice among applicants (prior to or after Proposal submission) designed to establish proposal prices at artificially high or non-competitive levels and to deprive NeGD of the benefits of free and open competition.

“Unfair trade practices” means supply of services different from what is ordered on, or change in the Scope of Work which was agreed to.

“Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation during the period of empanelment.

“Collusive practices” means a scheme or arrangement between two or more applicants with or without the knowledge of the NeGD, designed to establish prices at artificial, non-competitive levels.

NeGD will reject an application for Award of Contract, if it determines that the applicant recommended for Award has, directly or through an Agent, engaged in corrupt, fraudulent, unfair trade, coercive or collusive practices in competing for any assigned Project.

10.2. Confidentiality

Information relating to evaluation of application and recommendations concerning awards shall not be disclosed to the Applicants who submitted the applications or to other persons not officially concerned with the process. The undue use by any applicant of confidential information related to the process may result in the rejection of their application.



Moreover, in the performance of this Agreement or in contemplation thereof, Bidder and its employees and Agents may have access to confidential information owned or controlled by the other party relating to Content, Project, Programs, Software, Plans and other data (hereinafter ‘Information’), Any Information supplied by NeGD or any other Government Department, which is not in public domain. The receiving Bidder shall use a reasonable degree of care, which the receiving Bidder uses to protect its own proprietary and confidential information, to keep, and have its employees and Agents keep, confidential any and all Proprietary Information. In keeping therewith, the recipient shall not copy or publish or disclose the Proprietary Information to others, or authorize its employees, or Agents or anyone else to copy, publish or disclose it to others, without the disclosing party’s written approval, nor shall the receiving party make use of the Proprietary Information except for the purposes of executing its obligations hereunder, and shall return the Proprietary Information to the disclosing party at its request. These nondisclosure obligations will not apply to Proprietary Information which: (a) becomes generally known to the public by publication or by any means other than a breach of duty on the party of the recipient hereunder; (b) is information previously known to the recipient; (c) is information independently developed by or for the recipient; or (d) is information released by the owning party without restriction or released pursuant to a judicial or governmental decree.

10.3. Applicable Law

Applicable Law means the laws and any other instruments having the force of law in India as they may be issued and in force from time to time.

10.4. Resolution of Disputes

10.4.1. Amicable Settlement

Any dispute arising out of or in connection with this Agreement shall in the first instance be settled by mutual conciliation by the Parties after due consultation.

10.4.2. Arbitration

In the case of dispute arising upon or in relation to or in connection with the Agreement

between the parties, which has not been settled in accordance with above Clause within 10 days

from the date such request for mutual conciliation was made, any Party can submit the dispute

for Arbitration.. Such disputes shall be referred to Arbitral Tribunal. The Indian Arbitration and

Conciliation Act, 1996 and any statutory modification or re-actment thereof, shall apply to these

arbitration proceedings.

Arbitration proceedings will be held in India at Delhi and the language of the arbitration



proceeding and that of all documents and communications between the Parties shall be in

English. The decision of the majority of Arbitrators shall be final and binding upon both the

Parties. All Arbitration Awards shall be in writing and shall state the reasons for the Award. The

expenses of the Arbitrators as determined by the Arbitrators shall be shared equally between

the parties. However, the expenses incurred by each Party in connection with the preparation,

presentation etc. before the Tribunal shall be borne by the party itself.

10.5. Jurisdiction of Courts All legal disputes between the Parties shall be subject to the jurisdiction of the Courts situated in New Delhi only.

10.6. Termination / Withdrawal

a) Without prejudice to any other right or remedy it may have, NeGD reserves the Rights to Terminate this Agreement at any time by giving one (1) month advance notice in writing to the other Party in following circumstances.

Applicant becomes insolvent, bankrupt, resolution is passed for the winding up of the Applicant’s organization;

Information provided to NeGD is found to be incorrect;

Bid conditions are not met within the specified time period;

Misleading claims are made;

Clear evidence is received that Bidder has breached copyright laws/ plagiarized from another source; b. If the Bidder does not execute the contract to the satisfaction of the NeGD then the NeGD may invoke any or all of the following clauses.

Forfeit the Performance Guarantee Amount

Terminate the Contract without any liability of NeGD. Note: It is for consideration that we may have one month as notice since the contract is only for one year and therefore three months notice appears somewhat large.

10.7. Only one Application

An Applicant may submit only one Proposal on its own. If an applicant submits more than one Proposal on its own, both Proposals shall be disqualified.

10.8. Disclaimer (i) This RFP is not an offer by the NeGD, but an invitation to receive responses from eligible



interested Applicants for setting up, operationalizing and maintenance of KMS. No Contractual Obligation whatsoever shall arise from this process. (ii) The evaluation shall be strictly based on the information and supporting documents provided by the Bidders in the responses submitted by them. It is the responsibility of the Applicants to provide all supporting documents necessary to fulfill the Mandatory Eligibility Criteria. In case, information required by NeGD is not provided by Applicant, NeGD may choose to proceed with evaluation based on information provided and shall not request the Applicant for further information. Hence, responsibility for providing information as required in this form lies solely with Applicant.

10.9. Binding Clause

All decisions taken by the NeGD regarding this Contract shall be final and binding on all concerned Parties.

10.10. Bidder’s Integrity

The Bidder is responsible for and obliged to conduct all contracted activities as defined in the Scope of Work in accordance with the Contract.

10.11. Bidder’s Obligations

a. The Bidder is obliged to work closely with the NeGD’s staff, act within its own authority and abide by directives issued by the NeGD/States so as to achieve the targets in conformity with overall Scope of Work. b. The Bidder will abide by the job safety measures prevalent in India and will free NeGD from all demands or responsibilities arising from accidents or loss of life the cause of which is the Bidder’s negligence. The Bidder will pay all indemnities arising from such incidents and will not hold NeGD responsible or obligated.

c. The Bidder is responsible for managing the activities of its personnel or sub-contracted personnel and will hold itself responsible for any misdemeanor.



10.12. Penalty

S. No.

Activity Timeline Responsibility Penalty

1 Issue of Work Order to the Successful Vendor

T0 NeGD None

2 Submission of Performance Bank Guarantee by the Bidder and completion of Contract signing formalities

T1 = T0 + 15 days*

Bidder *

* If the bidder fails to submit PBG within 15 days from the issue of work order, EMD would be forfeited and the bid response submitted by the bidder stands rejected and NeGD may consider to award the contract to other bidder/call for fresh bids.



10.13. SLA and Operational Penalties SLAs for the Implementation Phase

Liquidated damages for delay in implementation

If the bidder fails to meet the specified completion of schedule, the bidder shall be liable to pay as liquidated damages at the rates specified below, for each completed Calendar Week of delay or part thereof, on the Total Project Cost.

S.No Measurement Baseline * (T)

Penalty Applicable

Penalty Severity

1. Implementation and configuration of KMS product and related components as per the agreed Functionality

As per Project Plan

> T + every subsequent week

0.5 % of Quoted Cost shall be the penalty for every week of delay.

NA

2 Application Go Live

As per

Project Plan

> T + every subsequent week

0.5 % of Quoted Cost shall be the penalty for every week of delay.

NA

a. “T” refers to the timelines as agreed as part of Project Plan.In case of shortfall in the uptime/ SLA, bidder shall be penalize d as per the SLA p ara mete rs speci fied in “SLA ” sect ion .

b. Bidder a gre es a nd c onsi ders that t he liquidated damages set out herein above are fair and reasonable and that they shall raise no objection or dispute with regard to NeGD‟s right to recover the liquidated damages.

c. Liquidated Damage is not applicable for the reasons attributable to NeGD and Force Majeure.

d. Liquidated damages is capped to a total of 10% of the total project cost as per bid value proposed by the successful bidder. NeGD will have the rights to recover the liquidated damages, if any, from any amount payable to Bidde r. Al so, if the spe cificati ons of the RFP are not m et by Bi dder duri ng vari ous test s, Bidder shall rectify or replace the same to comply with the specifications immediately to ensure the com mitted uptime, failing which NeGD has the sole right either to reject or to accept it finally by recovering the suitable amount as deemed reasonable by NeGD.



SLAs for the Operations Phase

Expected SLA ’s for KMS Operations

Service Area Activity SLA Measurement

SLA failure indicator

Penalty Severity

Software (KMS Application)

Monitoring Maintenance and Resolution

> 99 % uptime for a monthly

The uptime is below the threshold of 99 % for the annual

NA Severity – 2

>=97 & < 99 % uptime for a monthly

1% of Contract Value

>=95 & < 97 % uptime for a monthly


< 95% uptime for a monthly


Other services not covered above but are

part of the RFP

As indicated in RFP.

For the Project Period

Non-compliance

To be finalized during contractual stages

NA

Non implementation of additional distinct and significant features in tools or services.

Implementation of those features.

Within the timelines asked by NEGD

Non-implementation of such features.

To be finalized during contractual stages

NA

SLA for Help Desk Services

S.No Measurement

Definition Measurement Interval

Target Penalty Severity

1. Resolution Time

“Resolution Time”, means time taken by Bidder staff to troubleshoot and fix the problem from the time the call has been logged at the Helpdesk

Annual 95% calls to be resolved within 30 minutes

No Penalty NA

Unresolved call Penalty of 5% of the Annual payments will

NA



till the time the problem has been fixed.

The Help Desk will

typically receive calls

from NeGD and other

Government Agencies for

Account Creation,

Deletion, System

Administration,

Server not accessible, Ad-hoc Report Generation etc.

be levied.

Severity Levels

Sl No Severity Response Time Resolution Time

1 Severity 1 – Critical 15 minutes Within 90 minutes

2 Severity 2 – Urgent 30 minutes Within 2 hours

3 Severity 3 – High 1 hour Within 8 hours

4 Severity 4 – Medium 3 hours Within next business day

Other SLAs pertaining to the Incident Management, Change Management, Reporting and other Compliance Procedures etc. will be discussed and added during the Contractual stages.

If the deduction on account of penalty / liquidated damages exceeds more than 10% of the total contract value, NeGD reserves the right to cancel the Contract and forfeit the PBG.

10.14. Working Hours / Days

a) When engaged, the professionals will keep to the normal working hours of NeGD or the State Government where the official is placed.

b) The officials will also follow the Holiday Schedule of DeitY or the State Government where they are placed.

c) When engaged the officials will work exclusively on these projects. The official will not work on any other assignment during the days for which they are required to work for these projects.

d) However, in case of certain important and time bound pressing assignment; the resources may be required to work extra hours on weekdays and/or may be on holidays and for which no additional compensation shall be payable by NeGD.



10.15. Approval / Clearances

All the necessary approvals/ clearances from concerned Authorities (such as Govt duties, tax etc) required for discharging services by the Bidder shall be obtained by the Bidder.



11. Payment Terms Payments based on deliverables of the Contract are as below:

All the payments shall be made by NeGD to Bidder except as otherwise provided in the RFP after deducting all taxes including TDS, as per laid down provisions from time to time. All the payment shall be in Indian Rupees. The detailed payment terms are given below.

NeGD will release the payment after receiving the invoice on completion of the phase / period to the satisfaction of NeGD. After deduction of any charges such as penalties as per “SERVICE LEVEL AGREEMENT” etc. Payments will be made to the vendor thirty (30) days after submission of invoice agreed as per NeGD norms. No advance payments will be made. Further, it may be noted that the mentioned criteria is only for the purpose of effecting agreed price payment. The selected Bidder shall cover the entire scope including deliverables mentioned in the RFP.

Payment Terms

Sr. No. Description Deliverables Terms of Payment

1. Team Mobilization, Preparation of Project Plan, Kick-off meeting

Detailed Project Plan with manpower details.

Organization chart showing the proposed organization/ manpower along with Escalation Matrix Standard Operating Procedures (SOPs) &

Exit Management Plan.

10% of contract value quoted by the bidder against the submission of Performance Bank Guarantee.

2. Phase I - Implementation, Configuration of KMS (Application and related infrastructure components)

Implementation, Configuration Reports for the KMS product implementation. Acceptance Testing of deployed solution including functionality , module requirements as agreed during the SRS/FRS stages ( All the documents, manuals & CDs need to be made available to NeGD) Licenses, Service Support documents will be checked and cleared by NeGD.

Sample SLA Reports

Training Completion Certificate from User

20 % of Implementation Cost



Sr. No. Description Deliverables Terms of Payment

3. Phase II &III - Implementation, Configuration of KMS (Application and related infrastructure components)


4. Go- Live of Integrated Learning Management Solution

Acceptance Testing of deployed KMS solution


5. Six (6) Months of Successful operations after Go- Live of Learning Management

Audit Report by empanelled Auditor

Acceptance Testing of deployed Solution and final clearance by the implementation commitee

20% of Implementation Cost

6. KMS Managed Services Detailed SLA Compliance Report and Logs.

Equated Monthly Quarterly payments of remaining 20% quoted cost after successful implementation on the KMS for next 12 months after successful launch.

The Bidders are expected to examine all Instructions, Forms, Terms, NeGD Project Requirements and other information in the RFP document. Failure to furnish all information required by the RFP document or submission of a Proposal not substantially responsive to the RFP document in every respect will be at the Bidder’s risk and may result in rejection of its Proposal and forfeiture of the Proposal.

The following general clauses and conditions shall apply to contracts placed by the Company so far as not stated otherwise in the relevant Contract. Furthermore, specific Clauses and Conditions may be set out or invoked in a Contract and its Annexure.

The Company shall have the right to check the technical performance of the Contract, and for this purpose, and for the general purpose of collaboration, they shall nominate a representative.

Bidder is expected to provide a breakup of Implementation Cost and Opex (Operational expenditure) in their Financial Proposal from the second year of operation.

Implementation Cost component includes the Software (application), Related Infrastructure, Setting Up and Implementation Costs along with the cost involved for Hosting in Private Cloud.



The payments shall be based on the adherence to the SLAs.

Payments shall be subject to any deductions (such as TDS, penalty as per SLA, etc.) of any amount, for which the KMS Vendor is liable under the Agreement against this RFP.

The payments to the KMS Vendor will be made Quarterly at the end of each quarter on acceptance of the invoice by the NeGD. After acceptance of the invoice along with the supporting documents as per the checklist (to be provided by NeGD), the invoice would be processed for release of payment within thirty (30) days after due verification of the invoice & other supporting documents by NeGD.

However, in case the processing of the invoice gets delayed beyond thirty (30) days from the date of acceptance of invoice, the KMS Vendor would be paid an adhoc amount of 50% of invoice value & the remaining amount would be released after getting clarifications, due verification & imposition of penalty, if any within the next period of thirty (30) days.

All the deliverables would be certified by Director (CB), NeGD.

For any delay in completion of any of the above deliverables beyond Mar’ 2017, a ten percent (10%) penalty of Total Project Cost would be levied for completion of the deliverable beyond that timeframe as agreed during the Project Plan submitted by the Bidder.



12. Extension of Contract NeGD may extend the Contract on Pro-rata basis beyond March 2017, in case of any requirements.

12.1. Change Orders NeGD may at any time before completion of work under Project awarded to the Bidder, change the Work Content by increasing the quantities of the services as required in the Contract Agreement for execution of the Project, without creating any liability for compensation on any grounds, whatsoever due to this change. In such a case, the Bidder will have to perform the service in the increased quantity at the same Contract Rates within the time stipulated for providing services to NeGD.

12.2. Knowledge Transfer & Exit Management

12.2.1. Knowledge Transfer

1. Knowledge Transfer is an integral part of the Scope of Work of Bidder. This will have to be done even in case the Contract with Bidder ends or is terminated before the planned timelines.

2. Bidder needs to include in the response the Exit Management Plan for the KMS Solution and Operations at the end of the Contract duration. The transition period shall span a minimum of six (6) months before the contract end date. The selected Bidder shall ensure during the Exit Management the following:

a. Handover the existing system and infrastructure to NeGD in running condition;

b. Have a minimum three (3) months overlap period of running the operations with the new bidder;

c. Three (3) months independent operations of KMS Solution by new bidder from last date of support of outgoing Bidder.

3. At the end of the Contract Period, Bidder will be required to provide necessary handholding and transition support to designated staff or any other Agency that is selected for maintaining the system post the Contract with Bidder. The handholding support will include but not be limited to, conducting detailed walkthrough and demonstrations for the IT Infrastructure, handing over all relevant documentation, addressing the queries/clarifications of the new Agency with respect to the working / performance levels of the infrastructure, conducting training sessions etc.

12.2.2. Cooperation and Provision of Information

During the Exit Management period:

1. The selected Bidder will allow NeGD and/ or its Nominated Agency access to information reasonably required to define the then current Mode of Operation associated with the provision of the services to enable NeGD to access the existing services being delivered;



2. Promptly on reasonable request by NeGD, the selected Bidder shall provide access to and copies of all information held or controlled by them which they have prepared or maintained in accordance with this Agreement relating to any material aspect of the services (provided by the selected Bidder). NeGD shall be entitled to copy of all such information. Such information shall include details pertaining to the services rendered and other performance data etc.

12.2.3. Confidential Information

Selected Bidder will promptly on the commencement of the Exit Management Period supply to NeGD and/or its nominated agency the following:

1. Information relating to the current services rendered.

2. Documentation relating to the Project’s Intellectual Property Rights.

3. All current and updated data as is reasonably required for purposes of NeGD or its nominated agencies transitioning the services to its Replacement agency in a readily available format.

4. All other information (including but not limited to documents, records and agreements) relating to the services reasonably necessary to enable NeGD or its Nominated Agencies, or its Replacement agency to carry out due diligence in order to transition the provision of the Services to NeGD or its Nominated Agencies, or its Replacement Agency (as the case may be).

5. Before the expiry of the Exit Management Period, Bidder shall deliver to NeGD or its Nominated Agency all new or up-dated materials from the categories set out in t h e Plan and shall not retain any copies thereof, except that Bidder shall be permitted to retain one copy of such materials for archival purposes only.

6. Before the expiry of the Exit Management Period, unless otherwise provided under the MSA, NeGD or its Nominated Agency shall be delivered by the selected Bidder all forms of confidential information, which is in the possession or control of Bidder.

12.2.4. Transfer of Certain Agreements

On request by NeGD or its Nominated Agency Bidder shall effect such Assignments, Transfers, Licences and Sub-Licences as NeGD may require in favour of NeGD or in relation to any equipment lease, maintenance or service provision Agreement between Bidder and Third Party Lessors, Bidders, and which are related to the services and reasonably necessary for the carrying out of replacement services by NeGD or its Nominated Agency.

Bidder shall provide the perpetual licenses for all involved KMS components (as applicable) and same shall be shared with NeGD.



12.2.5. General obligations of Bidder

1. Bidder shall provide all such information as may reasonably be necessary to effect as seamless a handover as practicable in the circumstances to NEGD or its nominated agency and which Bidder has in its possession or control at any time during the exit management period.

2. For the purposes of exit management schedule, anything in the possession or control of Bidder or associated entity is deemed to be in the possession or control of Bidder.

3. Bidder shall commit adequate resources to comply with its obligations under this Exit Management plan.

12.2.6. Exit Management Bidder shall prepare an Exit Management Plan for Transfer of Operations to NeGD and/or as may be advised by NeGD in the event of Termination or Expiry of the Contract with NeGD, without affecting services to stakeholders adversely. Bidder shall get this process approved by NeGD. The Plan shall include, but not be limited to, the following- A.1. Detailed Program of the Transfer Process that could be used in conjunction with a Replacement Agency including details of the means to be used to ensure continuing provision of the services throughout the Transfer Process or until the cessation of the services and of the Management Structure to be used during the transfer; 2. Plans for communication with such Bidder's staff, OEM’s and any related third party as are necessary, to avoid any material detrimental impact on NeGD’s project operations as a result of undertaking the transfer; 3. Plans for provision of contingent support to NeGD and Replacement Agency for a reasonable period. 4. Bidder shall draft the Exit Management Plan periodically thereafter to ensure that it is kept relevant and up to date. 5. Exit Management Plan shall be presented by Bidder to NeGD and approved by NeGD or its Nominated Agencies. 6. During the Exit Management Period, Bidder shall use its best efforts to deliver the services. 7. Payments during the Exit Management period shall be made in accordance with the Payment Schedule as specified in the Exit Plan. 8. The Exit Management plan shall be furnished in writing to NeGD or its Nominated Agencies within sixty (60) days from the Effective Date of this Agreement 9. In case of exit due to termination prior to expiry of the Agreement for any reason whatsoever, the Bidder shall pay Liquidated Damages to NeGD to compensate for the various losses and reputation due to the delay. In such circumstances NeGD shall not make any further payments and shall recover all



amount paid to the Bidder after levying ten percent (10%) interest without prejudice to the bidder right to represent to the competent authority of NeGD. The decision of the competent authority is final in this regard.

B. 1) Upon completion of the Contract Period or upon Termination of the Agreement for any reasons, the Bidder shall comply with the following:

Notify to NeGD forthwith the particulars of all Project Assets;

Deliver forthwith actual or constructive possession of the Project free and clear of all Encumbrances and execute such deeds, writings and documents as may be required by NeGD, for fully and effectively divesting the Bidder of all of the rights, title and interest of the Bidder in the Project and conveying the Project.

2) Subject to clause (1) of Exit Management, upon completion of the Contract Period or upon Termination of the Agreement, the Bidder shall comply and conform to the following Divestment Requirements in respect of the project:

a) All Project assets including the hardware (if applicable), software, documentation and any other infrastructure shall have been renewed and cured of all defects and deficiencies as necessary so that the Project is compliant with the specifications and standards set forth in the RFP, Agreement and any other Amendments made during the Contract Period;

b) The Bidder delivers relevant records and reports pertaining to the Project and its Operation, and Maintenance including all Operation and Maintenance Records and Manuals pertaining thereto and complete as on the Divestment date;

c) The Bidder executes such deeds of conveyance, documents and other writings as NeGD may reasonably require to convey, divest and assign all the rights, title and interest of the Bidder in the project free from all encumbrances absolutely and free of any charge or tax to NeGD, or its Nominee;

d) The Bidder complies with all other requirements as may be prescribed under applicable laws to complete the Divestment and Assignment of all the rights, title and interest of the Bidder in the Project free from all encumbrances absolutely and free of any charge or tax to NeGD or its Nominee.

3) Not earlier than three (3) months before the expiry of the Contract Period but not later than thirty (30) days before such expiry, or in the event of earlier termination of the Contract, immediately upon but not later than fifteen (15) days from the date of issue of Termination Notice, the Independent Consultant as nominated by NeGD shall verify, in the presence of a representative of the Bidder, Compliance by the Bidder with the Divestment Requirements set forth in relation to the Project and, if required, cause appropriate tests to be carried out at the Bidder’s cost for determining the Compliance therewith. If either Party finds any shortcomings in the Divestment Requirements, it shall notify the other of the same and the Bidder shall rectify the same at its cost.



4) Upon the Bidder conforming to all Divestment Requirements and handing over actual or constructive possession of the Project to NeGD or a person nominated by NeGD in this regard, NeGD shall issue a certificate substantially in the form set forth, which will have the effect of constituting evidence of divestment of all Rights, Title and Lien in the Project by the Bidder and their vesting in Project pursuant hereto. NeGD shall not unreasonably withhold issue of such Certificate. The divestment of all Rights, Title and Lien in the Project shall be deemed to be complete on the date when all the Divestment Requirements have been fulfilled or the Certificate has been issued, whichever is earlier, it being expressly agreed that any defect or deficiency in any Divestment Requirement shall not in any manner be construed or interpreted as restricting the exercise of any rights by NeGD or its nominee on or in respect of the Project on the footing as if all Divestment Requirements have been complied with by the Concessionaire. Bidder shall ensure transfer of all required Software Products and Licenses utilized for the KMS implementation to NeGD. At the end of the Contract Period or upon Termination of Contract, Bidder is required to provide necessary handholding and transition support to ensure the continuity and performance of the Services to the complete satisfaction of NeGD. Bidder shall ensure that their Cloud Service Provider (CSP) shall support the NeGD in migration of the VMs, Data, Content and any other assets to the new environment created by the NeGDor any Agency (on behalf of the Government) on alternate Cloud Service Provider’s offerings to enable successful deployment and running of the Government Department’s solution on the new infrastructure. Bidder and their CSP shall certify the VM, Content and Data destruction to the NeGD as per stipulations and shall ensure that the data cannot be forensically recovered. Bidder along with their CSP shall have the responsibility to support and assist the NeGD till the division is able to successfully deploy and access the services from the new environment. Bidder shall not delete any data at the end of the agreement (for a maximum of 45 days beyond the expiry of the Agreement) without the express approval of the NeGD. During the Exit/Transition Management Process, it is the responsibility of the Bidder to address and rectify the problems with respect to migration of the Department Application and related IT infrastructure including installation/reinstallation of the system software etc. The ownership of the data generated upon usage of the system, at any point of time during the Contract or Expiry or Termination of the Contract, shall rest absolutely with NeGD. During the Contract Period, the Bidder shall ensure that all the documentation required by the NeGD for smooth transition including configuration documents are kept up to date and all such documentation is handed over to the Department during the Exit Management Process.



12.3. Bankruptcy and Insolvency NeGD can terminate the contract if the Bidder becomes bankrupt and/or loses the desired state of solvency with a notice of thirty (30) days. NeGD, in such cases of termination, will not be responsible for any loss or financial damage to the service provider resulted due to the termination. NeGD will also, in such cases have the Right to Recover any pending dues by invoking the Performance Bank Guarantee or any such instrument available with NeGD.



Annexure-I: Declaration (On the Respondent’s Letter Head)

DECLARATION

i. I, _______________ (Name & Designation) solemnly affirm that the facts stated above are correct and nothing has been withheld. If any information submitted above, is found to be false or fabricated, I may be liable to be debarred from selection. ii. I permit NeGD to inspect my records to ascertain the above facts. iii. I permit NeGD to cross check the above facts from any other source. iv. I or my Authorized Representative, if required by NeGD, would make a presentation before the duly constituted Committee at my own cost. v. I will abide by the decision of NeGD regarding empanelment. vi. I have read & understood the RFP and agree to all the Terms & Conditions stated therein. SIGNATURE Full Name and Designation: Date: (Seal of Organization)



Annexure-II: Covering letter with the Proposal in response to RFP Notice

(To be submitted on the Letter head of the Responding Firm) {Place} {Date} To

The Chief Operating Officer(COO) &Director-CB National e-Governance Division(NeGD) 6 CGO Complex Electronics Niketan (4th Floor) New Delhi - 110003

Ref: RFP for Installation, Commissioning and Maintenance of KMS under CB-II , reference RFP no. _______ dated _______ Subject: Submission of proposal in response to the RFP for “RFP for Installation, Commissioning and Maintenance of KMS under CB-II”. Dear Sir/Madam, 1. Having examined the RFP document, we, the undersigned, herewith submit our proposal in response to your RFP no. _______ dated ______ for “KMS”, in full conformity with the said RFP document.

2. We have read the provisions of the RFP document and confirm that these are acceptable to us. We further declare that additional conditions, variations, deviations, if any, found in our proposal shall not be given effect to.

3. In the event of acceptance of our Bid, we do hereby undertake:-

To commence services as stipulated in the schedule of delivery forming a part of the attached Technical Bid.

We affirm that the prices quoted are inclusive of all charges and all sales, service taxes and any other type of taxes as may be applicable from time to time.

4. We agree to abide by this Proposal, consisting of this letter, the detailed response to the RFP and all attachments, for a period of one hundred and twenty (120) days from the date of submission of the Bid.

5. The EMD of twenty (20) Lakhs submitted by us may be en-cashed if we do not submit the requisite Performance Bank Guarantee within fifteen (15) days of Award of Contract for “KMS”.

6. We would like to declare that we are not involved in any major litigation that may have an impact of affecting or compromising the delivery of services as required under this assignment and we are not under a declaration of ineligibility for corrupt or fraudulent practices.



7. We would like to declare that there is no conflict of interest in the services that we will be providing under the Terms and Conditions of this RFP.

8. We hereby declare that all the information and statements made in this Proposal are true and accept that any misrepresentation contained in it may lead to our disqualification.

9. We understand you are not bound to shortlist / accept any Proposal you receive. Please find enclosed details of our Company in the format as given in Annexure – III. We hereby declare that our Proposal submitted in response to this RFP is made in good faith and the information contained is true and correct to the best of our knowledge and belief. Sincerely, FIRM’S NAME Signature of Authorized Signatory and Seal of the Bidder Name Title Date:



Annexure-III: Details of the Responding Firm

S.No. Particulars Details to be Furnished

1 Details of the Responding Firm

Name

Address Corporate Office Local Office

Telephone

Fax

Website

e-Mail

2 Details of the Authorized person for the Bid

Name

Designation

Telephone

Fax

e-Mail

3 Status of the Firm/Company (Public /Pvt. Ltd.)

Details of Registration

ROC Ref No

Date

4 Number of Professionals (On the rolls of the Firm) providing managed services (Excluding Temporary Staff)



Annexure-IV: Financial Information Summary

Sl. No. Name of the Bidder Turnover (in INR - Crores)

FY 2013-14 FY 2014-15 FY 2015-16

Note: Please enclose Balance Sheet and Profit & Loss Statement duly certified by Authorized Auditor.



Annexure-V: Curriculum Vitae (CV) for Proposed Professional Staff* Template

1. Proposed Position [only one candidate shall be nominated for each position]:

2. Name of Firm [Insert name of firm proposing the staff]:

3. Name of Staff [Insert full name]:

4. Date of Birth:

5. Nationality:

6. Education [Indicate College/University and other relevant specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]:

7. Membership of Professional Associations:

8. Other Training *Indicate significant training since degrees under “5 – Education” were obtained]:

9. Countries of Work Experience: [List countries where staff has worked in the last ten years]:

10. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:

11. Employment Record [Starting with present position, list in reverse order every employment held by staff member since Graduation, giving for each employment (see format here below): Dates of Employment, Name of Employing Organization, Positions Held, Project Handled.]:

From [Year]: To [Year]:

Employer:

Positions held:

Detailed Tasks Assigned

Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned

[List all tasks to be performed under this Assignment]

[Among the Assignments in which the Staff has been involved, indicate the following information for those Assignments that best illustrate staff capability to handle the Project]

Name of Assignment or Project: Year: Location:



Client: Main Project Features: Positions held: Activities performed:

11. Staff is Resident / Native of:

12. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any willful misstatement described herein may lead to my disqualification or dismissal, if engaged.

Date:

[Signature of staff member or authorized representative of the staff] Day/Month/Year

Full name of Authorized Representative:

* Minimum Qualification for Proposed Professional Staff:

Sl No.

Role Qualification Total Work Experience in Years

Experience in the domain of KMS in Years

1 Project Manager (B.Tech/B.E /MCA) + MBA 10 5

2 Senior Technical Implementation Expert

(B.Tech/B.E /MCA) 7 5

3 Technical Implementation Expert


4 Quality Assurance/Testing Personnel


5 Content Transformation Personnel




6 Support Personnel – Help Desk – L2


7 Support Personnel – Help Desk – L1




Annexure-VI: Financial Proposal Covering Letter

{Place} {Date} To The Chief Operating Officer(COO) &Director-CB National e-Governance Division(NeGD) 6 CGO Complex Electronics Niketan (4th Floor) New Delhi - 110003

Ref: RFP no. ______ dated ______

Subject: Submission of Financial Proposal in response to the RFP for installation, Commissioning and Maintenance of KMS-Reg

Dear Sir/Madam,

We, the undersigned, offer to provide the services for [Insert title of assignment] in accordance with your Request for Proposal dated ______. Our Financial Proposal is submitted as per the instructions given in the RFP document.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the Validity Period of the Proposal. Any change in the Government’s tax during the Project duration will be borne by us and will not be transferred to NeGD.

The following is the breakup of our Financial Proposal covering both Implementation Cost and Opex Expenses.

Table 1

Sl No. Type Cost Components Amount (INR) – Inclusive of all taxes & levies

1 KMS Implementation Cost

KMS Solution

Hosting –Cloud

Services Cost – till go-live

Any other components (please specify)

Total Implementation Costs

Total

2 KMS Operations – Opex (Till March 2017)

Hosting – Cloud (Maintenance / Support)

AMC for the Product (if applicable)



Sl No. Type Cost Components Amount (INR) – Inclusive of all taxes & levies

Other system maintenance costs (Server, OS, DB) (if applicable)

Support Services – KMS Tool Maintenance

Support Services – L1 & L2 for Help desk services

Any other components (Please specify)

Total Opex Total

3 Total Cost (Implementation Cost + Opex)

You are also requested to provide the breakup of expenses for operation and maintenance for all KMS components. (This table shall be used as a reference in case NeGD decides to extend the contract of the selected bidder)

Table 2

Sl No.

Type Cost Components April 2017 – March 2018 (INR)- Inclusive of all taxes & levies

April 2018 – March 2019 (INR)- Inclusive of all taxes & levies



1 KMS Operations – Opex (Beyond March 2017)

Hosting – Cloud (Maintenance / Support)

AMC for the KMS product

Other system maintenance costs (Server, OS, DB) (if applicable)

Support Services – KMS Tool Maintenance

Support Services – L1 & L2 for Help desk services

Any other components



Sl No.

Type Cost Components April 2017 – March 2018 (INR)- Inclusive of all taxes & levies




(please specify)

You are also requested to provide the costs over license costs based on the number of Users.

Table 3

Number of Users Additional License Cost (INR) - Inclusive of all taxes & levies

up to to 1000

1000 to 100000

100000 & above

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm:



Annexure-VII: Format of Sending Pre-Bid Queries

Ref: RFP Notification no RFP No. N-21/8/2016-NeGD dated 31-March-2016

Name of the Bidder- <<>> Contact Address of the Bidder- <<>>

Sl. No.

Section No. Page No. Query Remark

1

2

3

4

Signature: Name of the Authorized signatory: Company seal: