1

TENDER

for

DESIGN, DEVELOPMENT AND MAINTENANCE OF WEBSITE FOR CATCH

CERTIFICATION SYSTEM

THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY

(MINISTRY OF COMMERCE & INDUSTRY, GOVERNMENT OF INDIA)

P. B. No. 4272, MPEDA House, Panampilly Nagar, Kochi – 682 036.

Phone: + 91-484- 2321722, 2312812, 2311979

Fax: + 91-484-2312812 / 2313361

E-mail: ho@mpeda.gov.in / ai@mpeda.gov.in

Web Site: http://www.mpeda.gov.in

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INDEX

Sl. No. Item Page No.

1. Tender Summary

Tender Notice

Introduction

Scope of Work

Eligibility Criteria

Specific Terms & conditions

Selection method & criteria

How to apply

3

4

5

5

5-6

6-9

9-10

11

2. Work order 12-30

3. Technical Bid Format 31-33

4. Financial Bid Format 34-35

5. Schedules 36-48

6. Annexure 49-53

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THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY

(MINISTRY OF COMMERCE & INDUSTRY, GOVERNMENT OF INDIA)

P. B. No. 4272, MPEDA House, Panampilly Nagar, Kochi – 682 036.

Name of the work Design, Development and Maintenance of website

for Catch Certification System

Bid Security (Earnest Money

Deposit)

Rs. 2,00,000 (Rupees Two Lakh only) in the form

of Account payee DD from any of the nationalized

banks/ Bank Guarantee/ Fixed deposit receipt in

favour of “THE SECRETARY, MPEDA” payable at

Ernakulam

Last Date and Time for receipt of

Bids

05/02/2018 by 3:00PM.

Time and Date of Opening of

Technical Bid

05/02/2018 by 4:00 PM

Place of Opening the Bid The Marine Products Export Development

Authority, MPEDA House,

Panampilly Avenue,

Kochi – 682 036 KERALA

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THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY (MPEDA)

(Ministry of Commerce & Industry, Govt. of India)

PANAMPILLY NAGAR, KOCHI – 36

TENDER NOTICE

The Marine Products Export Development Authority (MPEDA) invites Tender for the

Design, Development and Maintenance of website for Catch Certification System. For

details, please see Notification – Tender at MPEDA website www.mpeda.gov.in. The

last date for submission of tenders is 05.02.2018 at 15:00 hours

Place: Kochi

Date : 12.01.2018

Secretary

MPEDA

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TENDER DOCUMENT

THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY

PANAMPILLY AVENUE, KOCHI -36

DESIGN, DEVELOPMENT AND MAINTENANCE OF WEBSITE FOR CATCH

CERTIFICATION SYSTEM.

A. INTRODUCTION

The Marine Products Exports Development Authority (MPEDA) (hereinafter referred as

“Authority”) is a statutory body under the Ministry of Commerce and Industry,

Government of India. MPEDA with its Head office at Panampilly Nagar, Kochi is

entrusted with the primary task of promotion of export of marine products.

As per EC Regulation 1005/2008 all marine fishery products traded with EC must be

accompanied by a validated catch certificate as implemented from 1st January 2010.

Ministry of Commerce & Industry has authorized MPEDA as the agency in India to

validate catch certificate for shipments to EU. MPEDA would like to have a new web

portal for the entire catch certification system with access controls for various

stakeholders.

B. SCOPE OF WORK

The detailed Scope of Work for the DESIGN, DEVELOPMENT AND MAINTENANCE OF

WEBSITE FOR CATCH CERTIFICATION SYSTEM is given at Schedule -1 of this tender

document

C. ELIGIBILITY CRITERIA

(i) Essential

1. The bidder shall be an agency having minimum financial turnover of Rs. 2

Crore and above in a financial year, during the last three years commencing

from 2014-15.

2. The bidder shall have audited balance sheet for last 3 years.

3. The bidder should have arranged web support for websites with data collection

and certificate issuing provisions earlier.

4. Bidder should have minimum experience of 5 years in the field.

5. Experience with proof of design, development and maintenance of websites

Union/State government / PSUs/Private Enterprises etc. with data collection

and certificate issuing provisions.

6. Bidder should have GST registration.

7. The Bidder should not have been Black listed by any Government firms in India.

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8. The bidder should have on its roll adequate number of technically qualified

personnel essential for the successful implementation & completion of the

project

(ii) Desirable

1. Awards / certificates of excellence received, if any.

D. SPECIFIC TERMS AND CONDITIONS

1. Sealed Tenders in prescribed format are invited from reputed Agencies for Design,

Development and Maintenance of website for Catch Certification System. Tender

document can only be downloaded from our website www.mpeda.gov.in. The last

date for submission of tenders is 05.02.2018 at 15:00 hours. The technical

bids shall be opened on 05.02.2018 at 16:00 hours in the presence of the bidder

/ representative who choose to be present at the office of the undersigned during

the evaluation process. The Technical bid and financial bid should be given in

separate sealed envelopes.

2. Those who are meeting the eligibility criteria and are interested to take up the

project to the terms and conditions as laid down in the tender document may

furnish their quotes in the prescribed form enclosed herewith in the financial bid

and with copies of other required documents indicated in the tender document.

3. Earnest Money Deposit (Bid Security): Bids received without EMD shall be

summarily rejected without technical evaluation. The EMD may be submitted in

the form of Demand Draft / Pay Order / Bank Guarantee (with 6 months validity)/

Fixed Deposit receipt of Scheduled Commercial Bank.

EMD is not required to be submitted by those Bidders who are registered with the

Central Purchase Organization (DGS&D), National Small Industries Corporation

(NSIC) for similar type of services. Valid documentary evidence in this regard

shall be attached in the technical bid.

The EMD will be forfeited if the bidder withdraws or amends or impairs or

derogates from the tender in any respect within the validity period of their tender.

4. The vendors will have to submit an interest free, refundable Earnest Money Deposit

(E.M.D.) of Rs. 2,00,000/- (Rupees Two Lakh only) in the form of a Demand Draft

/ Pay Order / Bank Guarantee (with 6 months validity)/ Fixed Deposit receipt of

Scheduled Commercial Bank drawn in favour of The Secretary, MPEDA payable

at Ernakulam. The EMD should be kept along with Technical bid envelope.

5. The EMD of unsuccessful bidders will be returned without interest after

finalization of the contract with the successful bidder.

6. The EMD of the successful bidder will be returned upon the receipt of

Performance Security Deposit.

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7. The request of the bidder to withdraw his bid offer after the tender closing date will

not be entertained and will result in the forfeiture of the EMD. The firm will be

black listed and will be debarred from participating in future tenders floated by

MPEDA.

8. All cases/proceedings relating to any dispute or claim arising out of or any case of

performance related to this tender document shall be falling in proper court having

jurisdiction in Ernakulam, Kerala.

9. The Authority shall have right to issue addendum to tendered documents to clarify,

amend, modify, supplement or delete any of the condition, clause or items stated

therein. Each addendum if any will be published in the MPEDA website and shall

form a part of the original invitation to the tender.

10. Tender document should be signed on all the pages by the Authorised signatory

along with seal of the agency.

11. Work order will be issued to the successful bidder with all the terms and

conditions pertaining to this project. The successful bidder shall return the copy of

Work Order to the authority with the signatures of the Authorized signatory with

the official seal of the firm at the bottom of every page as confirmation of

acceptance of the work order within 10 working days, failing which the EMD will be

forfeited. All the terms and conditions, scope of work etc. contained in the tender

documents shall form part of work order.

12. Resolution of the Company (if the Bidder is a Company) authorizing the person

signing the Tender, to sign the Tender on behalf of the Company is to be provided.

13. Arbitration: Any dispute not resolved through the good faith efforts of Senior

Management of both Parties for amicable resolution shall then be submitted before

the Chairman, Marine Products Exports Development Authority, who shall act as

the final arbiter of disputes by agreement of the Parties expressed herein.

Arbitration clause is elaborated in the work order enclosed in this document.

14. Effective Date: The work order shall come into effect on the date of acceptance

of the work order and shall remain valid throughout the project period. The

delivery of the goods and performance of the services shall commence from the

effective date of the work order.

15. Delivery period: The delivery period starts from the date of acceptance of work

order between the Authority and the successful Bidder. The delivery period for

design and development is of 16 weeks and delivery period for launching/

commissioning of the website to the full satisfaction of the authority is of 2 weeks

and hence the total delivery period is of 18 weeks including the period for

successful launching/ commissioning. Time frame for delivery period is elaborated

in the Pert chart given at Schedule - 2 in this document.

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16. Project Period: Project period includes the period for design & development

successful launching/ commissioning, Warranty period and Annual Maintenance

period. The total time frame for the project is elaborated in the Pert chart given at

Schedule - 3 in this document.

17. Commissioning/ Launching period: Website shall be ready, completing the

details of activities from 1-6 mentioned in the Pert chart given at Schedule – 2 on

completion of 16th week from the date of accepting the work order. The Successful

bidder shall complete the hosting of website in NIC Cloud server in next 2 weeks

time and the website shall be launched/ commissioned before the end of 18th week.

Warranty period commences immediately after the Successful Launching/

commissioning of website. (In order to consider the launching / commissioning as

successful, the website shall run without any issues for a minimum of seven

working days)

18. Warranty Period: The warranty period of one year counts from the date of

successful launching/ commissioning of the website. During the warranty period,

the successful bidder shall give all assistance for effecting the modifications (if any)

suggested by the Authority and to take actions to fix the additional bugs (if any).

The Bidder shall also do the necessary fine tuning of the website and give

necessary follow up trainings for all user groups of the website. The bidder shall

also create the User manuals for various user groups as downloadable from the

website. During warranty period the Bidder shall maintain the Helpdesk via phone

and Remote Support Tools (during office hours Monday to Friday 9 am to 6 pm) for

sorting out issues pertaining to the user groups (Data Entry Operators/ Exporters

/ Field Offices/ Admin).

19. Annual Maintenance Contract (AMC): The AMC period will start upon

expiry of the warranty period. During AMC period the Bidder shall maintain a

Helpdesk via phone and Remote Support Tools (during office hours Monday to

Friday 9 am to 6 pm) for sorting out issues pertaining to the user groups (Data

Entry Operators/ Exporters / Field Offices/ Admin). The bidder shall also give all

assistance for effecting the additional modifications (if any) suggested by the

Authority and to take action to fix the bugs (if any).

20. The bidder shall quote separately for the design, development and

maintenance of website including the warranty period and AMC for 3 years with

separate quote for each year as mentioned in Schedule -5.

21. Performance Security Deposit:

21.1. The successful bidder, irrespective of their exemption of EMD, shall

submit a performance security deposit valid for the total tenure of the project

(18 weeks plus 4 years) in the form of Bank Guarantee equivalent to 10% of the

total bid amount (The total bid amount consists of the bid amount for design,

development and maintenance of website including the warranty period and

the bid amount for AMC for 3 years as stated in schedule -5).

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21.2. During the tenure of the contract if the successful bidder fails to fulfill

the tender conditions, the work order will be terminated and the performance

security deposit will be forfeited.

21.3. If the successful bidder fails to submit the performance security deposit

within the prescribed time limit, the work order issued shall be cancelled and

EMD shall be forfeited.

21.4. In the case of successful bidder who is exempted from submitting EMD,

failure to submit the performance security deposit within the prescribed time

limit warrants the cancellation of work order issued and the matter of non

compliance shall lead to black listing of the firm by MPEDA, besides reporting

the matter to NSIC and DGS&D seeking blacklisting of the bidder.

22. Validity of Bids: The Bids should remain valid till 03 (Three) months from the

last date of submission of the Bids.

E. SELECTION METHOD & CRITERIA

The Bidding process shall be a two-stage process. Prior to the detail evaluation of the

Technical Bids, MPEDA shall determine whether each bid is

a) Complete

b) Is accompanied by the required information and documents towards Eligibility

Criteria and

c) Is substantially responsive to the requirements set forth in the tender document?

The evaluation shall be based on the technical and financial parameters. The

weightage for the technical parameters shall be 70% and the financial parameters

shall be 30%.

a) Technical Weightage (St): The marks scored by the bidder in technical evaluation

shall be calculated to 70 points as below:

St=T*0.70 where T is the Technical score awarded to the bidder as per

Technical Evaluation Criteria

b) Financial Weightage (Sf): The marks scored by the bidder in financial evaluation

shall be calculated to 30 points as below:

The Commercial scores of all the other proposals will be determined by

Sf=30 x (Fm/F) (Fm= Lowest bid offer; F = bid value quoted by individual bidder)

c) Final Selection: Proposals will be ranked according to their combined technical (St)

and Commercial (Sf) scores. The combined technical and Commercial score shall be

calculated as S = St + Sf.

The technical evaluation criteria are broadly defined as under. Bidder has to provide

documentary proof against each criterion as a part of technical proposal.

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Technical Bid Evaluation & Scoring Pattern

SI.No Criteria Score

1 Turnover 20

2 Completeness of tender 10

3 Work with Govt/MPEDA 20

4 Work orders for similar websites (5 mark for

each work order & maximum marks 30) 30

5 Minimum 5 years experience 20

Total 100

Those bidders scoring marks above 80% in the technical bid evaluation ONLY will be

called to make a presentation explaining the proposed modus operandi of this project.

Presentation shall be limited to a maximum of 15 minutes. Questions & Answers and

shall cover 5 minutes after the presentation;

Brief description of the company,

Understanding about the project,

Proposal for the project,

Design templates,

Technologies used,

Details of support, especially during the warranty and AMC periods

Innovative and practical suggestions

Details of professionals proposed for handling the project, etc.

SI.No Criteria score

1 Presentation 100

After adding the marks for presentation in the technical bid score, the financial

bids of those bidders who score above 80% out of 200 marks will be opened.

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F. HOW TO APPLY

Only application of agencies that fulfill the criteria mentioned above would be

considered by the Authority. Accepting the application for engagement by the

Authority would not guarantee the award of contract.

The application in sealed envelope superscribed “TENDER FOR DESIGN,

DEVELOPMENT AND MAINTENANCE OF WEBSITE FOR CATCH CERTIFICATION

SYSTEM’ along with the copies of the relevant certificates and other specified

documents may please be forwarded to:

THE SECRETARY

THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY

P. B. No. 4272, MPEDA House,

Panampilly Avenue, Kochi – 682 036.

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G. WORK ORDER

(NO) (Date)

To

(Address)

Sub: Work order for the Design, Development and Maintenance of website for

Catch Certification System

Ref: Your Tender dated ( )

Dear Sir/Madam,

This work is order issued by the Marine products Export Development

Authority (MPEDA), MPEDA House, Panampilly Avenue, P.B.No-4272, Kochi -

682036, India, represented by its Secretary (hereinafter referred to as the

“Authority” which expression shall include its affiliates, successors and

permitted assigns)

With reference to the Tender dated …………………we hereby appoint M/s.

………………………… for Design, Development and Maintenance of website for

Catch Certification System (hereinafter referred to as the “Successful bidder”) at a

total cost of Rs.----------------------- inclusive of all taxes as detailed and as per the terms

and conditions in this work order..

For ease of reference, the Authority and Successful bidder shall be individually

referred to as “Party” and collectively as “Parties”.

1. ACCEPTED BID AMOUNT

Sl No Details of Activities Cost in Indian Rupees

GST in % Total

SGST CGST

A. Design and development of website for catch certification system and its maintenance during warranty period including help desk support during business hours. It shall also include server monitoring, database performance tuning etc.

B. Annual Maintenance and support of the system including help desk support during business hours for First

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Year of AMC after expiry of warranty period of one year. It shall also include server monitoring, database performance tuning etc.

C. Annual Maintenance and support of the system including help desk support during business hours for Second Year of AMC. It shall also include server monitoring, database performance tuning etc.

D. Annual Maintenance and

support of the system including help desk support during business hours for Third Year of AMC. It shall also include server monitoring, database performance tuning etc.

TOTAL

GRAND TOTAL

2. SCOPE OF WORK

The Scope of Work shall be as further detailed in Schedule - 1, appended to this

work order and included by reference herein (“Services”). The Authority reserves

the right to revise the Scope of Work at any time during the Term of this Project. No

deviations or revisions to the scope of work by the Successful bidder shall be

permitted unless approved in writing in advance by the Authority.

3. PAYMENT TERMS

Description Schedule of Payment.

For item (A) The successful bidder of the Project shall be paid in the following schedule

Part -1 payment: On accepting the final design and on successful

hosting of prototype in test server

30% (Subject to the submission of

a Bank Guarantee from a nationalized bank for the equivalent amount. The bank guarantee is returnable upon successful commissioning/ launching of the website by the 18th week since the date of acceptance of the work order. Failure to comply to the time line, ie., 18 weeks

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since the date of acceptance of the work order, will result in the forfeiture of bank guarantee).

Part -2 payment: On completion of website and on launching/ commissioning the website to the entire satisfaction of Authority

40% (the bank guarantee collected for the release for Part -1 payment will be released upon successful commissioning / launching of the website by the 18th week)

Part -3 payment: On completion of 6 months of warranty period

15%

Part -4 payment: After completion of Warranty period of 1 year

15%

For items (B-D): The successful bidder shall be paid AMC as per the following schedule

For items (B):

AMC for the first year: The payment will be made in four equal installments, at the end of each quarter (3 months).

For items (C):

AMC for the Second year: The payment will be made in four equal installments, at the end of each quarter (3 months).

For items (D):

AMC for the third year: The payment will be made in four equal installments, at the end of each quarter (3 months).

4. COMMENCEMENT AND TERM:

a. This project shall commence from the date of acceptance of work order

within 10 days of issue (hereinafter referred to as “Effective Date”) and shall

remain in force for a period of four (4) years and 18 (eighteen) Months from

the Effective Date unless otherwise terminated or extended as mutually

agreed in writing between the parties.

b. Performance Security Deposit: The successful bidder, irrespective of their

exemption of EMD, shall submit a performance security deposit valid for the

total tenure of the project (18 weeks plus 4 years) in the form of Bank

Guarantee equivalent to 10% of the total bid amount (The total bid amount

consists of the bid amount for design, development and maintenance of

website including the warranty period and the bid amount for AMC for 3

years as stated in schedule -5).

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c. The performance security deposit shall be submitted along with the

submission of signed work order to the authority

d. If the successful bidder fails to submit the performance security deposit

within the prescribed time limit, the work order issued shall be cancelled

and EMD shall be forfeited.

e. During the tenure of the contract if the successful bidder fails to fulfill the

tender conditions, the work order will be terminated and the performance

security deposit will be forfeited.

f. In the case of successful bidder who is exempted from submitting EMD,

failure to submit the performance security deposit within the prescribed

time limit warrants the cancellation of work order issued and the matter of

non compliance shall lead to black listing of the firm by MPEDA, besides

reporting the matter to NSIC and DGS&D seeking blacklisting of the bidder.

5. DELIVERY OF SERVICES

The Successful bidder agrees to perform the Services at such locations and at such

timelines as are notified by the Authority from time to time. Successful bidder

agrees that time is of the essence in completion of the Service and any

delay/extension to the agreed timeline and completion of work shall be at the sole

cost and responsibility of the Successful bidder.

The delivery period starts from the effective date of accepting the work order by the

successful Bidder. The delivery period for design and development is of 16 weeks

and delivery period for launching/ commissioning of the website to the full

satisfaction of the authority is of 2 weeks and hence the total delivery period is of

18 weeks including the period for successful launching/ commissioning. Time

frame for delivery period is elaborated in the Pert chart given at Schedule - 2 in this

document.

A detailed schedule of Services, deliverables and agreed time frame for the total

project is hereby appended to as Schedule - 2 and 3 to this work order and

included by reference herein.

6. WARRANTY PERIOD

The warranty period of one year counts from the date of successful

launching/commissioning of the website. During the warranty period, the bidder

shall give all assistance for effecting the modifications (if any) suggested by the

Authority and to take actions to fix the additional bugs (if any). The Bidder shall

also do the necessary fine tuning of the website and give necessary follow up

trainings for all user groups of the website. The bidder shall also create the User

manuals for various user groups as downloadable from the website. During

warranty period the Bidder shall maintain the Helpdesk via phone and Remote

Support Tools (during office hours Monday to Friday 9 am to 6 pm) for sorting out

16

issues pertaining to the user groups (Data Entry Operators/ Exporters / Field

Offices/ Admin).

During the warranty period, if any defect is observed in the Services performed

hereunder, whether due to design or from any act or omission of the Successful

bidder, without prejudice to the rights and remedies available to the Authority for

such defects, the Successful bidder shall execute all such work of rectification,

repair and making good of defects, as may be required of him by the Authority, at

his own cost and within the time stipulated by the Authority. If the Successful

bidder shall fail to do any such work as required by the Authority, the latter shall

be free to withhold any monies paid by the Successful bidder to the Authority as

Security or the fees payable hereunder or take steps to recover the fees paid under

this Work order without prejudice to its rights and remedies available at law,

equity, contract, tort or otherwise. The Successful bidder shall further indemnify

the Authority against any loss/liability that may be incurred by him on account of

any failure on the part of the Successful bidder for timely rectification of the defects

pointed out within the defect liability period.

7. ANNUAL MAINTENANCE PERIOD

a. The AMC period will start upon expiry of the warranty period. During AMC

period Successful bidder shall maintain a Helpdesk via phone and Remote

Support Tools (during office hours Monday to Friday 9 am to 6 pm) for

sorting out issues pertaining to the user groups (Data Entry Operators/

Exporters / Field Offices/ Admin). Successful bidder shall also give all

assistance for effecting the additional modifications (if any) suggested by the

Authority and to take action to fix the bugs (if any).

b. Further the AMC period is extendable on prorate basis and evaluating

indicators such as timely support & maintenance as per user requirement,

user friendliness of website, acceptance by the industry, provisions for

adopting changes, integration capabilities with new certification systems and

the consistency of website

8. SUCCESSFUL BIDDER ROLES AND RESPONSIBILITIES:

The Successful bidder warrants, covenants and represents that:

a. It is a Company, validly registered under the laws of India;

b. It has full rights to accept this work order, and that the acceptance of this

work order or the performance of its obligations under the work order will

not violate any agreement, person, firm, organization or any law or

governmental regulation;

c. It has valid rights and licenses in all its confidential information and

Intellectual Property, the sharing of which for the purposes of this work

ordre shall be unhindered without any third party restrictions;

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d. The Services shall be performed in a professional manner in accordance with

the general industry standard;

e. Not, by itself or its agents, employees or sub-contractors, do anything that

would in any manner harm the Authority’s name, reputation or goodwill;

f. It shall, at all times, abide by the laws existing and in force in India, and in

particular the State of Kerala with respect to the provision of Services under

this Work order;

g. There is no outstanding or threatened litigation, arbitrated matter or other

dispute to which it is a party which, if decided unfavorably, would

reasonably be expected to have a material adverse effect on either Party’s

ability to fulfill its obligations under this work order;

h. It does not have any conflict of interest in the Project and it shall not be

considered in any manner an ‘interested party’ to the Project;

i. It shall take all consents and governmental approvals necessary to perform

the Services under this work order; and

j. It shall not undertake any work during the Term of the Work order that

would be similar to the Services performed hereunder or directly or

indirectly affect its performance of Services under this work order.

9. ON PREMISE COMPLIANCE:

a. The Successful bidder shall take the steps reasonably required by Authority

to prevent unauthorized persons being admitted to Authority Premises.

b. The Successful bidder agrees that the Successful bidder shall be solely and

exclusively liable and responsible for the health and safety during

deployment of its personnel in Authority Premises.

c. It is the sole responsibility of the Successful bidder to ensure that the

Successful bidder’s personnel/agent, sub-contractors appointed in writing

shall abide by the Safety Manual of Authority that is supplied to the

Successful bidder and its personnel while performing services under this

work order or an applicable Scope of Work.

d. Any claim, loss or damages caused due to the willful negligence of the

Successful bidder’s personnel within Authority premises shall be borne by

the Successful bidder.

10. EMPLOYEES AND PERSONNEL:

a. The Successful bidder shall employ and provide only qualified and

experienced personnel as may be required to carry out the Services.

b. The designations, names and other particulars of each of the Successful

bidder’s Key Personnel required in carrying out the Services shall be

described in Schedule - 4 appended to this work order and included by

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reference herein. Such Key Personnel are herewith approved by the

Authority; any removal or change to Schedule - 4 shall be subject to prior

approval of the Authority in writing.

c. Amongst the Key Personnel, the Successful bidder shall name one person as

the Team Leader who shall act as Authority’s Point of Contact for all

communication and correspondence in relation to the Services, and the

Successful bidder shall not remove/replace the Team Leader during the

Term of this project including defect liability period.

d. The Successful bidder shall remain solely responsible for its employees,

agents and personnel including their compensation and compliance with

applicable labour laws. At no event shall the employees, agents or personnel

of Successful bidder shall be treated as employees, agents or personnel of

the Authority.

e. The Successful bidder warrants that, either for a term of one (1) year

preceding the Work order or during the Term of this project and for a period

of four (4) years immediately thereafter, it (a) has not employed any

employee, agent, director or independent contractor of the Authority and (b)

will not solicit or attempt to solicit, or induce or attempt to induce any

employee, agent, director or independent contractor of the Authority to leave

the employment of the Authority. Breach of this clause shall constitute

material breach of this work order terms.

11. INTELLECTUAL PROPERTY:

a. For the purpose of this work order, “Intellectual Property” shall mean any

and all tangible and intangible: (i) works of authorship, including copyrights,

moral rights, neighboring rights, and derivative works thereof, (ii) trademark

and trade name, (iii) trade secret, (iv) patents, design, and other industrial

property, and, (v) all other intellectual property rights (of every kind and

nature however designated) whether arising by operation of law, treaty,

contract, license, or otherwise, together with all registrations, initial

applications, renewals, extensions, continuations, divisions or reissues.

b. The Parties acknowledge that all deliverables including design and drawings

or developments or modifications to existing Intellectual Property created in

pursuance to the Services hereunder shall constitute “work made for hire”

under the Copyright Act, 1976 and shall be the Authority’s exclusive

property.

c. Any deliverables in the nature as described in elsewhere in this work order,

of which the ownership or the intellectual property rights do not vest with

the Authority under law, shall automatically stand assigned to the Authority

as and when such deliverable is created and the Successful bidder agrees to

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execute all papers and to perform such other acts as the Authority may

deem necessary to secure its rights herein assigned by the Successful bidder.

d. To the extent such deliverable contains any of Successful bidder’s

confidential information or Intellectual Property, the Successful bidder shall

grant to the Authority, an exclusive, worldwide right towards its intellectual

property and confidential for the purpose of Authority’s unhindered and free

use of the Deliverables.

e. Authority reserves all rights towards its Intellectual Property and

Confidential Information shared during this project, and any use of the

Successful bidder of such information shall be strictly in accordance with

Authority’s written permission and limited to performance of Services under

this work order.

12. CONFIDENTIAL INFORMATION:

a. The Successful bidder herein agrees and understands that, during the Term

of this Work order and continuing thereafter, it shall be privy and/or in

custody of the Authority’s Confidential Information by way of disclosure or

by virtue of its relationship herein. The Successful bidder in this regard

specifically note that the Authority’s Confidential Information shall

constitute Authority’s trade secrets, including without limitation information

relating to its official correspondence and its contents, relationship of its

clients and vendors, projects, techniques, pricing, customer information etc.

and unauthorized disclosure will cause the Authority irreparable harm for

which the Successful bidder shall be held fully responsible.

b. The Successful bidder agrees to and shall keep the Authority’s Confidential

Information confidential and shall not use the Confidential Information for

purposes other than as authorized under this work order.

c. The Successful bidder further agrees to not disclose the Authority’s

Confidential Information to third parties without the latter’s prior written

consent.

d. The Successful bidder shall strictly share the Authority’s Confidential

Information only with its employees who has a “need to know” for the

purpose of this work order.

e. The Successful bidder shall protect the disclosing Party’s Confidential

Information as it would protect its own information of a like nature but in no

event using less than a reasonable standard of care.

f. The terms of this Section shall survive the expiry or earlier termination of

this work order.

g. For the purpose of this work order, “Confidential Information” shall mean all

proprietary, confidential and trade secret information and all other

20

knowledge relating to the Authority’s capacity, business, products and

services, including its manufacturing, technical, financial, intellectual

property, documents, marketing information and the terms of this Work

order (including pricing) which Successful bidder is privy of or comes into

knowledge or possession, during the Term of this work order, or information

which is treated by the Authority as confidential regardless of its form, or

which is designated by its nature as confidential, but excluding information

that is already in the public domain for no fault of the Successful bidder.

13. MATERIALS FURNISHED BY THE AUTHORITY

Materials made available to the Successful bidder by the Authority shall be the

property of the Authority and shall be marked accordingly. Upon termination or

expiration of this Work order, the Successful bidder shall furnish forthwith to the

Authority, an inventory of such materials and shall dispose of such materials in

accordance with the instructions of the Authority.

14. ACCURACY OF DOCUMENTS SUBMITTED BY SUCCESSFUL BIDDER

The Successful bidder shall be responsible for accuracy of the documents drafted

and/or vetted and data collected by it directly or procured from other

agencies/authorities, estimates and all other details prepared by it as part of the

Services performed under this work order. Without prejudice to any right or

remedy available to the Authority under law, equity or contract, the Successful

bidder shall indemnify, defend and hold harmless the Authority against any

inaccuracy in its work which might surface during implementation of the Project, if

such inaccuracy is the result of any negligence or inadequate due diligence on part

of the Successful bidder or arises out of its failure to conform to good industry

practice or breach of any warranties or representations made by it. The Successful

bidder shall also be responsible for promptly correcting, at its own cost and risk,

the documents and the resulting work including any re-survey / investigations.

15. PRICE, TAXES AND PAYMENT TERMS

a. In consideration of the Services performed by the Successful bidder under

this work order, the Authority shall pay to the Successful bidder the

Accepted bid Value as detailed in the Work Order and included by reference

herein at Schedule – 5 of this work order.

b. If, after the date of this work order, there is any change in the Applicable

Laws with respect to taxes and duties which increases or decreases the cost

or expenses incurred by the Successful bidder in performing the Services, by

an amount exceeding 10% (ten per cent) of the Accepted bid Value, then the

payments otherwise payable to the Successful bidder under this Work Order

shall be increased or decreased accordingly by agreement between the

Parties hereto, and corresponding adjustments shall be made to the

aforesaid Accepted bid Value. Except in the circumstances stated in this

21

sub-clause, in no event shall the Authority be responsible or be liable to pay

for any sum other than the Accepted bid Value under this work order.

c. The Accepted bid Value is inclusive of GST, however it is subject to tax

deduction at source in accordance with applicable tax laws in India. The

Successful bidder in this regard shall provide its PAN number and other

relevant details to enable the Authority comply with applicable tax mandates.

d. The Successful bidder shall raise accurate and itemized invoices for the

Services rendered at such agreed time intervals as are detailed in Schedule -

5 to this work order.

e. All payments shall be made in Indian Rupees.

f. All payments shall be subject to completion of work of each stage to the

satisfaction of the Authority. The Authority shall pay only the undisputed

amount.

g. Any excess amount paid by the Authority shall be forthwith reimbursed by

the Successful bidder on receipt of notice from the Authority failing which

such excess amount shall carry a simple interest of 10% p.a. until the date

of payment.

h. Any advance on payment as requested by the Successful bidder shall be

subject to the sole discretion of the Authority and at such interest rates as

are determined by the Authority to be reasonable.

i. Payment of undisputed invoices shall be made by the Authority within sixty

(60) days from the date of acceptance of such invoice. The Authority shall

not unreasonably withhold its acceptance and it shall generally

communicate its approval or disagreement within 45 days from the date of

issuance of invoice.

j. Successful bidder shall issue duly acknowledged receipts of payments

received and shall maintain such records during the period of this project

for the purpose of audit under this work order.

k. The payments to the Successful bidder pursuant to this Clause shall

constitute the Successful bidder’s sole payment in connection with this work

order or the Services and the Successful bidder shall not accept for its own

benefit any trade commission, discount or similar payment in connection

with activities pursuant to this work order or to the Services or in the

discharge of its obligations hereunder, and the Successful bidder shall use

its best efforts to ensure that any employee, personnel and agents of either

of them, similarly shall not receive any such additional payment.

16. REVIEW OF SERVICES, RECORDS AND QUALITY STANDARDS

a. The Parties may constitute a co-ordination committee consisting of key

personnel from both the Parties. This committee will meet at such regular

22

intervals as may be mutually agreed, to discuss Authority’s requirements,

Plans, Successful bidder’s performance, Authority’s quality standards,

change in Authority’s requirements, etc. Successful bidder and Authority

will appoint one coordinator each, as a one-point contact for solving any

issues pertaining to the Services performed by Successful bidder under this

work order.

b. For the assessments/processing conducted by Successful bidder, exclusively

for Authority, Authority requires the records to be maintained by Successful

bidder in a specific manner and format as communicated by Authority;

c. Authority and Successful bidder will define mutually acceptable Service

Levels at every stage of the process based on broad parameters of efficiency,

turn-around times and accuracy.

17. AUDIT

The Successful bidder agrees that the Authority reserves its right to call upon the

Successful bidder for audit of its records and premises at any time, and for this

purpose, the Successful bidder shall provide to the Authority, or its designated

third party contractor, with access to and any assistance (that they may require for

the purpose of performing audits or inspections to confirm compliance with any

statutory audit obligations). For this purpose, the Successful bidder shall retain

records and sufficient documentation as regards the Services and fees paid as

against each invoice throughout the Term of this project and for a period of three

(3) years thereafter. Should the audit reveal any non-compliance with the agreed

terms of this work order, then without prejudice to the rights and remedies

available to the Authority under law, equity or contract, the Successful bidder shall

take commercially reasonable efforts to remedy the same promptly and provide

written report of such remedied issues to the Authority.

18. LIABILITY

In the event of any dispute, the Authority’s liability for direct damages shall in no

event exceed the amount of fees payable for the Services in dispute. The Authority

shall in no event be liable for any indirect, consequential, special or exemplary

damages, howsoever arising under this work order, even if it has been advised of

such damages.

19. INDEMNITY

Without prejudice to Authority’s rights and remedies available at law, equity or

contract, the Successful bidder shall indemnify, defend and hold harmless the

Authority, its directors, agents, affiliates, subsidiaries and personnel, for any and

all actions, claims, suits, damages, costs or expenses, arising out of or relating to:

(i) any breach of its obligations, duties, representations and warranties including

without limitation its warranties regarding Confidential Information and

Intellectual Property, (ii) any personal injury or property damage solely attributable

23

to its actions and (iii) any negligence, omission, non-performance or failure of

performance of its obligations under this work order except to the extent such

failure or non-performance is directly attributable to a Force Majeure Event.

20. LIQUIDATED DAMAGES

a. Time is the essence of the contract. In case of any delay in delivery due to

reasons attributable to Successful bidder, the Authority reserves the right to

claim penalty as agreed under the terms of this Work order or any relevant

Work Order signed between the parties.

b. For Error/Variation: In case any error or variation is detected in the reports

submitted by the Successful bidder, and such error or variation is the result

of negligence or lack of due diligence on the part of the Successful bidder,

the consequential damages thereof shall be quantified by the Authority in a

reasonable manner and recovered from the Successful bidder by way of

deemed liquidated damages, subject to a maximum of the Accepted bid

Value.

c. For Delay: In case of delay in completion of Services for each Stage as

specified in Schedule - 1, 2, 3 and 5, liquidated damages not exceeding an

amount equal to 0.5% (zero point five percent) of the accepted bid amount

per day, subject to a maximum of 5% (five percent) of the accepted bid

amount shall be imposed and shall be recovered by appropriation from the

current or pending payment for Services. However, in case of delay due

Force Majeure Event, suitable extension of time shall be granted.

d. During the Warranty period, if the website is completely down for more than

a day due to software problems, penalty @1% (one percent) of billable

amount will be deducted per day from the Bills of the corresponding half

yearly payment.

e. During the AMC Period, if the website is completely down for more than a

day due to software problems, penalty @1% (one percent) of billable amount

will be deducted per day from the Bills of the corresponding quarter.

f. During AMC period, if 90% of the Calls / complaints are not closed on the

same day and balance within next 24 hours, there shall be an imposition of

penalty @ 0.5% (zero point five percent) from the Bills of the corresponding

quarter.

g. The Successful bidder shall take adequate measures to prevent Server

downtimes in times other than scheduled maintenance periods. The

scheduled maintenance period shall be informed to the Authority and users

well in advance.

h. Both parties agree that the aforesaid penalty agreed shall not be decreased

at any time during the period of the Work order.

24

i. In addition to the liquidated damages not amounting to penalty, the

Authority reserves its rights to issue warning to the Successful bidder for

minor deficiencies on its part. In the case of significant deficiencies in

Services causing adverse effect on the Project or on the reputation of the

Authority, other penal action including debarring for a specified period may

also be initiated. Any recovery by way of liquidated damages shall be without

prejudice to Authority’s rights and remedies available at law, equity, tort or

contract.

21. TERMINATION

a. This work order shall come into effect from the date of acceptance of work

order and shall continue through the warranty period of one year from the

date of successful launching / commissioning of the project/ website and

also through the three years of AMC period.

b. The Authority shall have the right to terminate this work order for

convenience by providing advance written notice period of thirty (30) days to

the Successful bidder. In case of such termination, the Authority shall pay

such pro-rata portion of undisputed invoices on Services performed to its

satisfaction.

c. Either Party shall have the right to terminate this work order for cause, if

the other Party commits a material breach of this work order and the said

breach remains uncured for a period of thirty (30) days after notice of such

breach is given to the defaulting Party. For avoidance of doubt and without

prejudice to the rights of the Authority, the term material breach shall

include without limitation the following:

i. As regards the Successful bidder any non-payment of undisputed

and accepted invoices within the prescribed due date for payment.

ii. As regards the Authority if the Successful bidder, (a) commits a

breach of its representations and warranties, (b) fails to commence

Services at the agreed timelines except to the extent differed by the

Authority on a Force Majeure Event (c) becomes insolvent or bankrupt

or enters into any agreement with its creditors for relief of debt or

take advantage of any law for the benefit of debtors or goes into

liquidation or receivership whether compulsory or voluntary, (d) fails

to comply with any final decision reached as a result of arbitration

proceedings pursuant to this work order, (e) submits to the Authority

a statement which has a material effect on the rights, obligations or

interests of the Authority and which the Successful bidder knows to

be false, (f) engages in prohibited practices, (g) any document,

information, data or statement submitted by the Successful bidder in

its Proposals, based on which the Successful bidder was considered

eligible or successful, is found to be false, incorrect or misleading.

25

d. Upon termination of this work order, all monies due and payable by the

Authority to the Successful bidder, for any undisputed Services performed to

the satisfaction of the Authority, shall become due and payable, after set off

against any monies owed by the Successful bidder to the Authority.

e. Upon cessation of this project in any manner, all rights and obligations of

the Parties hereunder shall cease, except (i) such rights and obligations as

may have accrued on the date of termination or expiration, or which

expressly survives such termination; (ii) the obligation of confidentiality as

set forth in Clause 12 hereof; and (iii) any right or remedy which the

Authority may have under this work order or the Applicable Laws.

f. Upon cessation of this work order in any manner, the Successful bidder

shall, immediately upon dispatch or receipt of such notice, take all

necessary steps to bring the Services to a close in a prompt and orderly

manner and shall make every reasonable effort to keep expenditures for this

purpose to a minimum. With respect to documents prepared by the

Successful bidder and materials furnished by the Authority, the Successful

bidder shall handover the same to the Authority immediately in good and

proper condition.

g. The provisions under this work order, which by their nature intended to

survive the expiry or earlier termination of this work order, including

Clauses 8, 11, 12, 19 & 20 shall survive in full force and effect after the

expiry or earlier termination of this work order.

22. PROHIBITED PRACTICES:

The Successful bidder and its Personnel shall observe the highest standards of

ethics and not have engaged in and shall not hereafter engage in any corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive

practice (collectively the “Prohibited Practices”). Notwithstanding anything to the

contrary contained in this work order, the Authority shall be entitled to terminate

this work order forthwith by a communication in writing to the Successful bidder,

without being liable in any manner whatsoever to the Successful bidder, if it

determines that the Successful bidder has, directly or indirectly or through an

agent, engaged in any Prohibited Practices in the Selection Process or before or

after accepting this work order. In such an event, the Authority shall forfeit the

EMD and appropriate any pending invoices, if any, as mutually agreed genuine

pre-estimated compensation and damages payable to the Authority towards, inter

alia, time, cost and effort of the Authority, without prejudice to the Authority’s any

other rights or remedy hereunder or in law. In this regard, the following terms shall

have the following meanings as assigned to them:

a. “Corrupt practice” means (i) the offering, giving, receiving or soliciting,

directly or indirectly, of anything of value to influence the actions of any

person connected with the Selection Process (for removal of doubt,

26

offering of employment or employing or engaging in any manner

whatsoever, directly or indirectly, any official of the Authority who is or

has been associated in any manner, directly or indirectly with Selection

Process or work order or dealing with matters concerning the work order

before or after the execution thereof, at any time prior to the expiry of 1

(one) year from the date such official resigns or retires from or otherwise

ceases to be in the service of the Authority, shall be deemed to constitute

influencing the actions of a person connected with the Selection Process);

or (ii) engaging in any manner whatsoever, whether during the Selection

Process or after the issue of work order or after the acceptance of the

work order, as the case may be, any person in respect of any matter

relating to the Project or the work order, who at any time has been or is a

legal, financial or technical adviser the Authority in relation to any matter

concerning the Project;

b. “Fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to

influence the selection process or the exercise of its rights or performance

of its obligations by the Authority under this work order;

c. “Coercive practice” means impairing or harming, or threatening to impair

or harm, directly or indirectly, any person or property to influence any

person’s participation or action in the selection process or the exercise of

its rights or performance of its obligations by the Authority under this

work order;

d. “Undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Authority with the

objective of canvassing, lobbying or in any manner influencing or

attempting to influence the Selection Process or the exercise of its rights

or performance of its obligations by the Authority under this work order;

or (ii) having a Conflict of Interest; and

e. “Restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Applicants with the objective of

restricting or manipulating a full and fair competition in the Selection

Process or the exercise of its rights or performance of its obligations by

the Authority under this work order.

23. DISPUTE RESOLUTION

a. The Parties shall use their best efforts to settle amicably all disputes arising

out of or in connection with this Work order or the interpretation thereof. In

this regard, the Parties shall endeavor to address any issue vis-à-vis the

Secretary, Marine Products Export Development Authority and Managing

Director of the Successful bidder within two (2) Business Days of receipt of a

notice from either Party specifying the nature of the dispute.

27

b. Any dispute not resolved through the good faith efforts of Senior

Management of both Parties for amicable resolution shall then be submitted

before the Chairman, Marine Products Exports Development Authority, who

shall act as the final arbiter of disputes by agreement of the Parties

expressed herein. The Parties agree that all proceedings including, but not

limited to, all communications, pleadings, arguments and discovery shall be

conducted in the English language. The venue for such arbitration shall be

exclusively in the office of Chairman, Marine Products Exports Development

Authority, Panampilly Nagar, Ernakulam, Kerala. The Parties to this Work

order, by entering into it, are expressly waiving their rights to have any

dispute decided in a court of law or equity before a judge or jury, and

instead are accepting the use of binding arbitration. The substantive and

procedural law in relation to the Arbitration shall be the laws of India. The

decision of the arbitrator shall be final and binding upon the Parties. Each

Party shall assume its own costs, but the compensation and expenses of the

arbitrator(s) and any administrative fees or costs associated with the

arbitration proceeding shall be borne equally by each Party.

c. This dispute resolution process shall be the sole and exclusive means for

resolving any dispute or differences; provided, however, that either Party

may seek a preliminary injunction, attachments or other provisional judicial

relief if such action is necessary to avoid irreparable damage or to preserve

the status quo. Despite such action the Parties will continue to participate

in good faith in this dispute resolution process. All time limitations

contained in the dispute resolution sections above may be altered by

agreement of the Parties. The courts at Ernakulam shall have exclusive

jurisdiction over all such matters.

24. FORCE MAJEURE

If and to the extent that a Party's (an "Affected Party") performance of any of its

obligations pursuant to this work order is prevented, hindered or delayed directly

or indirectly by the other Party or by fire, flood, earthquake, war, insurgency,

elements of nature or acts of God or any other similar cause beyond the reasonable

foreseeable control of the Affected Party or a labor strike, lockouts, union disputes

or political hartals (each, a "Force Majeure Event"), and such non-performance,

hindrance or delay could not have been prevented by reasonable precautions, then

the Affected Party shall be excused for such hindrance, delay or non-performance,

as applicable, of those obligations affected by the Force Majeure Event for as long

as such Force Majeure Event continues IF the Affected Party continues to use its

best efforts to recommence performance whenever and to whatever extent

reasonably possible without delay, including through the use of alternate sources,

workaround plans or other means; provided, however, that the use of such

alternate sources, workaround plans or other means shall cease, upon the

cessation of the Force Majeure Event. For so long as a Force Majeure Event

28

continues, the non-Affected Party shall, upon the Affected Party's reasonable

request cooperate with the Affected Party. The Affected Party shall immediately

notify the other Party of the occurrence of the Force Majeure Event and describe in

reasonable detail the nature of the Force Majeure Event. In the event that the Force

Majeure Event shall continue for a period exceeding sixty (60) Business Days, the

non-Affected Party shall be entitled to terminate this work order.

25. LIMITATION OF LIABILITY:

In the event of any dispute, the Authority’s liability for direct damages shall in no

event exceed the amount of fees payable for the Services in dispute. The Authority

shall in no event be liable for any indirect, consequential, special or exemplary

damages, howsoever arising under this work order, even if it has been advised of

such damages.

26. ASSIGNMENT AND SUBCONTRACTING:

The Successful bidder shall not assign or subcontract, its rights and obligations

under this Work order without the Authority’s prior written consent.

27. INSURANCE:

Successful bidder shall procure and maintain for the duration of this Work order,

appropriate insurance including commercial general liability coverage at such

amounts as are commercially reasonable in relation to the Services performed

hereunder and shall produce a copy of such insurance certificate to the Authority.

The Certificate shall name the Authority as an additional insured.

28. RELATIONSHIP:

It is understood by the Parties that the Successful bidder (and its employees) is an

independent contractor with respect to the Authority, and not an employee,

partner, agent or promoter of the Authority.

29. WAIVER:

The failure of either Party to enforce any provision of this Work order shall not be

construed as a waiver or limitation of that Party’s right to subsequently enforce

and compel strict compliance with every provision of this Work order.

30. NOTICES:

a. Notice in Writing: Any notice or other communication given or made under

or in connection with the matters contemplated by this Work Order shall

be in writing and in English.

b. Method of Service: Any such notice or other communication shall be

addressed as provided in clause (30.a) and, if so addressed, shall be deemed

to have been duly given or made (unless it is obvious that it has not been) as

follows: (i) if sent by personal delivery, upon delivery at the address of the

29

relevant Party: (ii) if sent by registered post, 5 (five) days after dispatch: and

(iii) E-mail.

c. Change of Address: A party may notify the other party of a change to its

name, addressee, address, phone numbers and email provided that such

notification shall only be effective on:

(i) The date specified in the notification as the date on which the change is

to take place; or

(ii) If no date is specified or the date specified is less than five days after the

date on which notice is given, the date falling five days after notice of

any such change has been given.

d. Address for Notices: The relevant addressee, address and facsimile

members of the Parties for the purpose of this Work Order shall be:

If to the Consultant:

Full Address, E-Mail of successful bidder

If to the Authority:

The Marine Products Export Development Authority (MPEDA)

MPEDA House, Panampilly Avenue

PB No. 4272, Cochin 682 036

E-mail: ai@mpeda.gov.in

31. ENTIRE AGREEMENT

This work order contains the entire agreement and understanding of the Parties

regarding the project, and there are no other promises or conditions in any other

Agreement whether oral or written. This work order supersedes any prior written

or oral agreement between the Parties.

32. AMENDMENT

No amendment or modification of this Work order shall be valid unless made in

writing and executed by the Parties duly.

33. SEVERABILITY

If any provision of this Work order shall be held invalid or unenforceable for any

reason, the remaining provisions shall continue to be valid and enforceable. If a

court finds that any provision of this Work order is invalid and unenforceable, but

that by limiting such provision it would become valid and enforceable, then such

provision shall be deemed to be written, construed, and enforced as so limited.

30

34. ACCEPTANCE OF WORK ORDER

If the above terms and conditions are acceptable the successful bidder shall return the

copy of Work Order to the authority affixing the signature of the Authorized signatory

with the official seal of the firm at the bottom of every page as confirmation of

acceptance within 10 working days of issue of this work order. Failing to do so will

result in the forfeiture of the EMD.

Yours faithfully,

ERNAKULAM-36, DATE

SECRETARY MPEDA

31

Technical Bid

Last date for receipt of tender is up to 3:00 PM on 05.02.2018

From

…………………………..

…………………………..

…………………………..

To

THE SECRETARY

The Marine Products Export Development Authority

P. B. No. 4272, MPEDA House,

Panampilly Avenue, Kochi – 682 036.

Sl.

No.

Particulars Details to be filled in by the

Agency

1. Name of the Firm/Agency

2. Registered office/business address of the

agency with telephone, cell, Website, Email

and fax number

3. Name of Contact Person(s)

4. Address with telephone, Fax numbers,

Email and name(s) of the contact person (s)

5. Details of network/branches of agency in

Kerala

6. Year of Incorporation & Constitution

7. Income Tax - PAN No. (Attach copy of PAN)

8. Service Tax No. (Attach copy of GST

registration)

9. Turnover during last three years (copy of

audited Balance sheet to be enclosed)

Year Turnover in Rupees lakh (in

words and figures)

2014-15

32

2015-16

2016-17

10. Whether registered with Registrar of Firms /

Companies? If yes Date of Registration

(Attach copy of Registration)

11. Customer Profile (Attach copy of work

orders/proof)

………. Nos.

12. Whether the agency have adequate

professionally trained manpower

(Give list)

13. Whether the agency is providing services to

Union Govt. / Public sector undertakings,

Financial institutions, banks/private sector

companies, etc. in past three years.

14. Details of Previous experience (Copies of experience certificates, work orders and

proof of Work order value to be attached)

15. Details of Contracted

Organization, its

address and contract

numbers

Period of contract Work order value

From To

16. Whether the agency is an income tax assessee

with valid PAN number and having filed its

Income tax return for the last three

assessment years i.e. 2015-16, 2016-17 and

2017-18. (Attach copy of Income Tax

returns for all the above mentioned years).

17. Other relevant information, if any.

33

18. Verification - The application for engagement

should be signed by the authorized signatory

verifying that all the details furnished in the

application are true and correct to the best of

his/her knowledge and that in case of

furnishing any false information or

suppression of any material information would

lead to rejection of application besides

initiation of penal proceedings by the

Authority.

This should not be in a column

with serial number

19. Format for giving details of key personnel of the agency

Sl.

No.

Name of key

personnel

Designation

Years with

the Agency

Contact

number

Specialisation

Name & Signature of authorized signatory

Date: Name & Seal of

Agency

34

Financial Bid

Last date for receipt of tender is up to 3:00 PM on 05.02.2018

From

…………………………..

…………………………..

…………………………..

To

THE SECRETARY

The Marine Products Export Development Authority

P. B. No. 4272, MPEDA House,

Panampilly Avenue, Kochi – 682 036.

I/We have read and examined the documents relating to the tender for design,

development and maintenance of website for catch certification system.

The successful bidder shall be finalised based on the combined lowest bid amount for

the details of activities from the Sl. No. A, B C & D as tabulated below.

Sl No Details of Activities Cost in Indian Rupees

GST in % Total

SGST CGST

A. Design and development of website for catch certification system and its maintenance during warranty period including help desk support during business hours. It shall also include server monitoring, database performance tuning etc.

B. Annual Maintenance and support of the system including help desk support during business hours for First Year of AMC after expiry of warranty period of one year. It shall also include server monitoring, database performance tuning etc.

C. Annual Maintenance and support of the system including help desk support during business hours for Second Year of AMC. It shall

35

also include server monitoring, database performance tuning etc.

D. Annual Maintenance and support of the system including help desk support during business hours for Third Year of AMC. It shall also include server monitoring, database performance tuning etc.

TOTAL

GRAND TOTAL

(TOTAL In words)______________________________________________________

GST Applicable: _________% (Rs. ___________________________________)

GRAND TOTAL In words: Rs.

________________________________________________________

1. Price has to be quoted in Indian Rupees only.

2. All inclusive prices have to be quoted. The applicable TDS shall be deducted

from the payments made by Authority.

3. In case of a mismatch in the amount mentioned in Figures and Words, the

amount mentioned in words shall be considered as final.

4. The Agency agrees that the above price have been quoted after reading and

understanding the complete tender documents.

If the Tender is accepted, I/We agree to keep the Tender valid till 03 (Three) months

from the last date of submission of the Bids. I/We shall not withdraw the Tender

during the validity period and the Authority shall be at liberty to forfeit the EMD and

make alternate arrangements in case of withdrawal of Tender during the validity

period.

Signatures of authorized signatory:

Name:

Designation:

Date:

Seal of Agency

36

SCHEDULES & ANNEXURES

SCHEDULE - 1

SCOPE OF WORK

Sl. No

Details of job

1. Designing and development of website for catch certification system

2. Creation of separate user credentials for three different user groups (Data Entry

Operators (DEO)/ Exporters/ MPEDA Field offices) plus Administrator. There are

13 field offices at different locations along the nine maritime states of India and

under each field office there will be a set of fishing harbours, DEOs and Exporters.

At present 49 fishing harbours are covered with DEOs. It is proposed to expand

the number of harbours covered under the scheme.

3. Creation of online facilities for Data Entry Operators to enter the log sheet data

pertains to various exporters which is dropped in drop boxes located in each

harbour.

4. Coordinating the issue of digital signature tokens, their renewals and assisting

the users (DEOs, exporters and field offices) in installing the same in their

systems.

5. Creation of online facilities for the exporters for entering their purchase details

from harbours other than the above mentioned 49 harbours. Provision for viewing

their catch data entries by themselves and by DEOs. Provision for applying

certificates with digital signature to the field offices

6. Creation of online facilities for field offices for verifying the data entered by DEOs

and exporters. Provisions to validate the certificates by the field offices as applied

by exporters and provision to issue the certificates to the exporters in PDF by

putting digital signature.

7. Provision for the field offices to enter the details in the master lists consisting of

Zone, State, Harbour, Fishing Vessel details, Processor, Exporter, Catch

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Classification, fish Species, Re-exporter, Algorithm etc

8. Creation of online facilities for the administrator for viewing, verifying, editing

masters entry, generating reports, audit module etc

9. Generating various reports by the different user groups (DEOs, exporters and field

offices)

10. Conducting Security Audit by CERT-In Empanelled Information Security Auditors

11. Arranging of SSL Certificate License (256-bit) Bundled with 1 Static IP for www.c-

cert.mpeda.gov.in

12. Maintaining Helpdesk via phone and Remote Support Tools (Monday to Friday 9

am to 8 pm) for sorting out issues pertaining to the user groups (Data Entry

Operators, Exporters and Field Offices) during the warranty period of one year.

13. Creation of user manuals for various user groups (Data Entry Operators,

Exporters and Field Offices)

14. Other information

a. System should maintain the database of all processing units. The

processing unit processing the total catch and used by the exporter for

exporting shall be captured in the system.

b. Database of MPEDA field offices from where Catch certificate is issued shall

be captured in the system.

c. Transfers of officials should be handled through the Administrator panel.

d. Maintaining database of Fishing harbours / landing centres from where the

data of purchase of fish from vessels shall be captured

e. Vessel Registration System – Integration with Realcraft to fetch registered

vessels data through web services is required. Provisions to regularly

update this data are also required. Audit trail of such updations to be

maintained.

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f. For maintaining Vessel catch-Log, the system should have provisions to

enter voyage of vessel and catch information on daily basis.

g. Mobile platform can be given to capture the voyage of vessel and catch

information at the harbor level. This data shall be reconciled with the

purchase data of the exporters.

h. Procurement and consignment creation by Exporters – Every exporter shall

have access to declare their purchase in the system which shall be mapped

to the catch record. Once, they are ready to apply for catch certificate, they

can create a consignment with relevant details. Exporter would require

digital token to submit their application online.

i. Submission of Application for Catch certificate ; The data that need to be

maintained by exporter as a part of Submission of his Application for Catch

certificate

Raw material receiving register

Production register

Catch certification register

File containing Log sheet duplicate copies

Catch certification file

Shipment register/ Invoice register

j. The traceability shall be established through the above data points.

k. As a part of catch certificate application, the exporter needs to upload the

following documents for every application. System should have provision to

upload supporting documents specifying the file size.

Customs certified invoice

Bill of lading

Health certificate

Shipping bill

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Copy of log entry

l. Payment Verification – MPEDA is already running a centralised module for

collecting payment from the exporters for various services. Catch system

should be integrated with centralised module for collecting payment to verify

whether payment has been made by the exporter or not. From futuristic point

of view, wallet facility may be created. Agency must design the system keeping

this requirement is mind.

m. Provision for inspection of fishing vessels that supplied their catch to the catch

certification system – As an audit measure

n. Re-Export- MPEDA endorses re-export of consignments accompanied with

catch certificates from other countries. Module to certify such consignments to

be developed.

o. Single sign in – MPEDA exporters already having login credentials on other

systems. Same login credentials shall be used to login into catch certification

website.

p. SMS and Email Integration – Provision to integrate SMS and email services for

sending alerts and notifications to users. MPEDA shall provide the SMS

gateway as required.

q. Digital Signature Integration – Exporters and MPEDA officials shall use digital

signature tokens for submitting applications and issuance of certificate

respectively. Already MPEDA has issued digital tokens to these users. Provision

to be made to ensure integration of these tokens in the system and check for

authenticity of each token before it can be re -used.

r. Integration with Health Certification System – exporter need to submit health

certificate along with application for catch certificate. Export Inspection Council

is issuing Health certificate and hence provision to be developed for

authenticating each health certificate and also pull respective data fields which

may be required in catch certification system.

15. Servers for hosting the catch certificate website shall be provided by MPEDA.

Provision to assist the authority in hosting the website in NIC cloud server.

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16. Delivery period: The delivery period starts from the date of acceptance of work

order between the Authority and the successful Bidder. The delivery period for

design and development is of 16 weeks and delivery period for launching/

commissioning of the website to the full satisfaction of the authority is of 2 weeks

and hence the total delivery period is of 18 weeks including the period for

successful launching/ commissioning. Time frame for delivery period is elaborated

in the Pert chart given at Schedule - 2 in this document.

17. Commissioning/ Launching period: Website shall be ready, completing the

details of activities from 1-6 mentioned in the Pert chart given at Schedule – 2 on

completion of 16th week from the date of accepting the work order. The successful

bidder shall complete the hosting of website in NIC Cloud server in next 2 weeks

time and the website shall be launched/ commissioned before the end of 18th

week. Warranty period commences immediately after the Successful Launching/

commissioning of website. (In order to consider the launching / commissioning as

successful, the website shall run without any issues for a minimum of seven

working days)

18. Warranty Period: The warranty period of one year counts from the date of

successful launching/ commissioning of the website. During the warranty period,

the bidder shall give all assistance for effecting the modifications (if any) suggested

by the Authority and to take actions to fix the additional bugs (if any). The Bidder

shall also do the necessary fine tuning of the website and give necessary follow up

trainings for all user groups of the website. The bidder shall also create the User

manuals for various user groups as downloadable from the website. During

warranty period the Bidder shall maintain the Helpdesk via phone and Remote

Support Tools (Monday to Friday 9 am to 8 pm) for sorting out issues pertaining to

the user groups (Data Entry Operators/ Exporters / Field Offices/ Admin).

19. Annual Maintenance Contract (AMC): The AMC period will start upon expiry of

the warranty period. During AMC period the Bidder shall maintain a Helpdesk via

phone and Remote Support Tools (Monday to Friday 9 am to 8 pm) for sorting out

issues pertaining to the user groups (Data Entry Operators/ Exporters / Field

Offices/ Admin). The bidder shall also give all assistance for effecting the additional

41

modifications (if any) suggested by the Authority and to take action to fix the bugs

(if any).

Scope Of Work specific to AMC period shall be as detailed below.

a. From the next day of expiry of the warranty period the date of AMC will be

commenced.

b. During AMC period the Successful bidder shall maintain a Helpdesk via phone

and Remote Support Tools for sorting out issues pertaining to the user groups

(Data Entry Operators/ Exporters / Field Offices/ Admin).

c. The Successful bidder shall maintain a team of qualified and experienced

personnel as may be required to carry out the help desk Services.

d. The designation, names and other particulars of each of the Successful bidder’s

personnel handling the help desk including the number of queries dealt currently

shall be made visible to each user of this website.

e. Any change in the personnel attending the help desk shall be intimated to the

authority/ administrator.

f. Amongst the help desk personnel, the Successful bidder shall name one person

as the Team Leader who shall act as Authority’s Point of Contact for all

communication and correspondence in relation to the Services, and the

Successful bidder shall not remove/replace the Team Leader during the Term of

this Work order.

g. The online queries/ calls/ emails / fax etc from the user groups (Administrator/

Exporters/ MPEDA Field offices/ Data Entry Operators) shall be received by the

team leader and subsequently marked to the suitable member of the help desk

team for attending the same.

h. The Help desk should operate during Monday to Friday except National Holidays

from 9 am to 8 pm.

i. The Help desk shall operate on Saturdays and other holidays on exceptional cases

on making special request by the Authority before a minimum of 2 days of such

Saturdays and holidays.

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j. The Successful bidder shall also give all assistance for effecting the additional

modifications (if any) suggested by the Authority and to take action to fix the bugs

(if any).

k. The personnel posted in the help desk should have thorough knowledge about all

functionalities of the website

l. The personnel posted in help desk are expected to have to be prompt in attending

the queries from the user groups and should have thorough service experience to

troubleshoot the software

m. The Successful bidder has to ensure that the personnel attending the help desk

are not changed frequently.

n. Coordinating the issue of digital signature tokens, their renewals and assisting

the users (DEOs, exporters and field offices) in installing the same in their

systems.

o. The Successful bidder shall generate monthly reports in the administrator panel

on the actions taken by the help desk in the format approved by the authority.

p. 90% of the Calls / complaints to be closed on the same day and balance within

next 24 hours.

q. Monitoring of calls and resolution of issues shall be done on a daily basis and

report shall be available in real time to the administrator and same may be sent

everyday by email. Any discrepancy noted will attract penal clause as mentioned

in the work order (Clause 20.f).

r. Requisite follow-up trainings/ workshops/ demos/ webinars to be conducted/

provided to MPEDA Personnel as well as to data entry operators and exporters as

and when needed

s. If the website is completely down for more than a day, penalty @1% of billable

amount will be deducted per day from the Bills of the corresponding quarter.

t. During the Warranty period, if the website is completely down for more than a day

due to software problems, penalty @1% (one percent) of billable amount will be

deducted per day from the Bills of the corresponding half yearly payment.

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u. During the AMC Period, if the website is completely down for more than a day due

to software problems, penalty @1% (one percent) of billable amount will be

deducted per day from the Bills of the corresponding quarter.

v. During AMC period, if 90% of the Calls / complaints are not closed on the same

day and balance within next 24 hours, there shall be an imposition of penalty @

0.5% (zero point five percent) from the Bills of the corresponding quarter.

w. The Successful bidder shall take adequate measures to prevent Server downtimes

in times other than scheduled maintenance periods.

x. The Services rendered by the Successful bidder shall be subject to regular review

by Authority and Authority shall be at liberty to make suggestions relating to the

quality thereof.

20. The AMC period is extendable on prorate basis and by evaluating the indicators

such as timely support & maintenance as per user requirement, user friendliness

of website, acceptance by the industry, provisions for adopting changes,

integration capabilities with new certification systems and the consistency of

website

21. To understand the data fields formats of Vessel Log Sheet (Annexure A), Catch

Certificate (Annexure -B), Annexure To Catch Certificate (Annexure - C) and

Fishing vessel Registration Certificate (Annexure – D) are enclosed.

22. Authority shall have the right to amend the scope or the Scope of Work to a

reasonable extent which shall be duly intimated in advance to the Successful

bidder from time to time in writing and the same shall be binding on the

Successful bidder as agreed and signed of between the parties.

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SCHEDULE - 2

DELIVERY PERIOD: TIME FRAME FOR WEBSITE DESIGN, DEVELOPMENT AND

LAUNCHING

Sl.No

Details of Activities TIME FRAME IN WEEKS

2 4 6 8 10 12 14 16 18

1. Layout design approval

2. On accepting the final design and on successful hosting of prototype in test server

3. Testing of website and fixing bugs

4. Training for users

5. Security Audit

6. Arranging SSL Certificate

7. Hosting in NIC Cloud

8. Commissioning/ launching

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SCHEDULE - 3

TOTAL TIME FRAME FOR WEBSITE DESIGN, DEVELOPMENT AND

MAINTENANCE

Sl.No

Details of Activities 18 weeks

Year 1 Year 2 Year 3

Year 4

1. Website development & launching

2. Warranty period

3. AMC Period

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SCHEDULE – 4

KEY PERSONNEL OF THE SUCCESSFUL BIDDER

Sl.

No.

Name of key personnel

Designation

Years with the Agency

Contact number

Specialisation

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SCHEDULE – 5

ACCEPTED BID VALUE AND PAYMENT SCHEDULE

Sl No Details of Activities Cost in Indian Rupees

GST in % Total

SGST CGST

A. Design and development of website for catch certification system and its maintenance during warranty period including help desk support during business hours. It shall also include server monitoring,

database performance tuning etc.

B. Annual Maintenance and support of the system including help desk support during business hours for First Year of AMC after expiry of warranty period of one year. It shall also include server monitoring, database performance tuning etc.

C. Annual Maintenance and support of the system including help desk support during business hours for Second Year of AMC. It shall also include server monitoring, database performance tuning etc.

D. Annual Maintenance and support of the system including help desk support during business hours for Third Year of AMC. It shall also include server monitoring, database performance tuning etc.

TOTAL

GRAND TOTAL

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SCHEDULE – 5 CONTINUATION The payment for the successful bidder shall be paid in the following schedule:

Description Schedule of Payment.

For item (A) The successful bidder of the Project shall be paid in the following schedule

Part -1 payment: On accepting the final design and on successful hosting of prototype in test server

30% (Subject to the submission of a Bank Guarantee from a nationalized bank for the equivalent amount. The bank guarantee is returnable upon successful commissioning/

launching of the website by the 18th week since the date of acceptance of the work order. Failure to comply to the time line, ie., 18 weeks since the date of acceptance of the work order, will result in the forfeiture of bank guarantee).

Part -2 payment: On completion of website and on launching/ commissioning the website to the entire satisfaction of Authority

40% (the bank guarantee collected for the release for Part -1 payment will be released upon successful commissioning / launching of the website by the 18th week)

Part -3 payment: On completion of 6 months of warranty period

15%

Part -4 payment: After completion of Warranty period of 1 year

15%

For items (B-D): The successful bidder shall be paid AMC as per the following schedule

For items (B):

AMC for the first year: The payment will be made in four equal installments, at the end

of each quarter (3 months).

For items (C):

AMC for the Second year: The payment will be made in four equal installments, at the end of each quarter (3 months).

For items (D):

AMC for the third year: The payment will be made in four equal installments, at the end of each quarter (3 months).

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ANNEXURE - A:

FISHING VESSEL LOG SHEET FORMAT

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ANNEXURE – B: EU CATCH CERTIFICATE FORMAT: PAGE-1

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ANNEXURE – B:

EU CATCH CERTIFICATE: PAGE-2

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ANNEXURE – C:

ANNEXURE TO CATCH CERTIFICATE

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ANNEXURE – D:

FISHING VESSEL REGISTRATION CERTIFICATE FORMAT