2024

RFP for Hiring of Technical Experts to work on analytics stack of Govt of Rajasthan

d70cument Hist ory

RajCOMP Info Services Limited

Document Publ ication History
(RISL)
Distribution

Request for Proposal (RFP)

For
Hiring of Technical Experts Services for SAS Analytics
Stack

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 RFP for Hiring of Technical Experts Services for SAS Analytics Stack

Request for Proposal (RFP) document for Hiring of Technical Experts Services for SAS
Analytics Stack

Reference No. F3.3(525)/RISL/PUR/2024/1855 Dated: 07.06.2024

Unique Bid No. RIS2425SLOB00020

Mode of Bid Submission Online though e-Procurement/ e-Tendering

system at [Link]
Procuring Authority Managing Director, RISL,
First Floor, C-Block, Yojana Bhawan, Tilak
Marg, C-Scheme, Jaipur-302005 (Rajasthan)
Last Date & Time of Submission of Bid As per NIB
Date & Time of Opening of Technical Bid As per NIB

Bidding Document Fee: Rs. 2,000 (Rupees Two Thousand only)

Name of the Bidding Company/ Firm:

Contact Person (Authorised Bid
Signatory):
Correspondence Address:
Telephone
Mobile No.
& Fax Nos.:
Website & E-
Mail:

RajCOMP Info Services Limited (RISL)

First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.)
Phone: 0141- 5103902 Fax: 0141-2228701
Web: [Link] Email: [Link]@[Link]

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 RFP for Hiring of Technical Experts Services for SAS Analytics Stack

Table of Contents

ABBREVIATIONS & DEFINITIONS..........................................................................................................6

1. INVITATION FOR BID (IFB) & NOTICE INVITING BID (NIB)......................................................9
2. PROJECT PROFILE & BACKGROUND INFORMATION...............................................................12
2.1 About RajComp Info Services Limited (RISL) 12
2.2 Project Profile 12
3. PRE-QUALIFICATION/ ELIGIBILITY CRITERIA..........................................................................13
4. SCOPE OF WORK, DELIVERABLES & TIMELINES.....................................................................15
4.1 Scope of Work 15
4.1.1 Resource Requirement 16
4.1.2 Resource Profile, Qualification & Experience 16
4.1.3 Project Deliverables, Milestones, Time Schedule& Payment: 17
4.1.4 Training& Capacity Building 18
5. INSTRUCTION TO BIDDERS (ITB)..................................................................................................19
1) Sale of Bidding/ Tender Documents 19
2) Pre-Bid Meeting / Clarifications/ Modifications/ Changes 19
3) Period of Validity of Bids 20
4) Format and Signing of Bids 20
5) Cost & Language of Bidding 21
6) Alternative/ Multiple Bids 21
7) Bid Security 21
8) Deadline for the submission of Bids 23
9) Withdrawal, Substitution, and Modification of Bids 24
10) Opening of Bids 24
11) Selection Method: 25
12) Clarification of Bids 25
13) Evaluation & Tabulation of Technical Bids 25
14) Evaluation & Tabulation of Financial Bids 27
15) Correction of Arithmetic Errors in Financial Bids 27
16) Price/ purchase preference in evaluation 28
17) Negotiations 28
18) Exclusion of Bids/ Disqualification 29
19) Lack of competition 29
20) Acceptance of the successful Bid and award of contract 30
21) Information and publication of award 30
22) Procuring entity’s right to accept or reject any or all Bids 30
23) Right to vary quantity 31
24) Dividing Quantities among more than one bidder at the time of Award 31

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25) Performance Security 31

26) Execution of agreement 33
27) Confidentiality 33
28) Cancellation of procurement process 34
29) Code of Integrity for Bidders 35
30) Conflict of Interest 35
31) Brech of Code of Integrity by the Bidder 36
32) Interference with Procurement Process 36
33) Appeals 36
34) Bid Prices/Comparison of Rates 37
35) Risk & Cost Clause 38
36) Change in Law 38
37) Stay of procurement proceedings 39
38) Vexatious Appeals & Complaints 39
39) Offenses by Firms/ Companies 39
40) Debarment from Bidding 40
41) Monitoring of Contract 40
6. GENERALTERMS AND CONDITIONS OF TENDER & CONTRACT..........................................42
Definitions 42
1) QUALIFICATIONS / ELIGIBILITY OF BIDDERS 43
2) Contract Documents 44
3) Interpretation 44
4) Language 45
5) Joint Venture, Consortium or Association 45
6) Eligible Goods and Related Services 45
7) Notices 45
8) Governing Law 45
9) Supplier’s/ Selected Bidder’s Responsibilities 45
10) Purchaser’s Responsibilities 46
11) Contract Price 46
12) Recoveries from Supplier/ Selected Bidder 46
13) Taxes & Duties 46
14) Copyright 46
15) Confidential Information 47
16) Sub-contracting 47
17) Extension in Delivery Period and Liquidated Damages (LD) 48
18) Patent Indemnity 48
19) Limitation of Liability 49
20) Force Majeure 50
21) Change Orders and Contract Amendments 50
22) Termination 50
a) Termination for Default 50

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b) Termination for Insolvency 51

c) Termination for Convenience 51
23) Exit Management 51
24) Settlement of Disputes 54
25) Verification of Eligibility Documents by RISL: 55
26) Jurisdiction 55
27) Provision in Conflict 55
7. SPECIAL TERMS AND CONDITIONS OF TENDER & CONTRACT...........................................56
1) Payment Terms and Schedule 56
2) Other Important Terms & Conditions 56
3) Quality of Services 56
4) Resource Replacement 56
5) Penalty 56
ANNEXURE-1: BILL OF MATERIAL (BOM)............................................................................................58
ANNEXURE- 2: BIDDER’S AUTHORIZATION CERTIFICATE{TO BE FILLED BY THE BIDDER}.........59
ANNEXURE- 3: SELF-DECLARATION {TO BE FILLED BY THE BIDDER}................................................60
ANNEXURE-4: FORMAT FOR SUBMISSION OF PROJECT REFERENCES FOR PRE-
QUALIFICATION EXPERIENCE...............................................................................................................61
ANNEXURE-5: FINANCIAL BID COVER LETTER & FORMAT..........................................................62
ANNEXURE-6:BANK GUARANTEE FORMAT{TO BE SUBMITTED BY THE BIDDER’S BANK}...............64
ANNEXURE-7: DRAFT AGREEMENT FORMAT{TO BE MUTUALLY SIGNED BY SELECTED BIDDER AND
PROCURING ENTITY}......................................................................................................................................67

ANNEXURE-8: MEMORANDUM OF APPEAL UNDER THE RTPP ACT, 2012....................................70

ANNEXURE-9: INDICATIVE CONFIDENTIALITY AND NON DISCLOSURE AGREEMENT...........71
ANNEXURE-10: UNDERTAKING OF SUCCESSFUL HANDOVER/TAKEN OVER DURING
EXIT MANAGEMENT................................................................................................................................76
ANNEXURE- 11: BANK GUARANTEE FORMAT – BID SECURITY {TO BE SUBMITTED BY THE
BIDDER’S BANK}............................................................................................................................................77

ANNEXURE-12: THE DETAILS OF AVAILABLE SAS STACK.............................................................80

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ABBREVIATIONS & DEFINITIONS

The Rajasthan Transparency in Public Procurement Act, 2012 (Act No. 21 of
Act
2012) and Rules thereto
Authorised Signatory The bidder’s representative/ officer vested (explicitly, implicitly, or through
conduct) with the powers to commit the authorizing organization to a binding
agreement. Also called signing officer/ authority having the Power of Attorney
(PoA) from the competent authority of the respective Bidding firm.

BG Bank Guarantee
Bid/ e-Bid A formal offer made in pursuance of an invitation by a procuring entity and
includes any tender, proposal or quotation in electronic format
Bidder / Supplier Any person/ firm/ agency/ company/ contractor/ supplier/ vendor participating
in the procurement/ bidding process with the procurement entity

Documents issued by the procuring entity, including any amendments thereto,

Bidding Document that set out the terms and conditions of the given procurement and includes the
invitation to bid
BoM Bill of Material
CMC Contract Monitoring Committee
Competent Authority An authority or officer to whom the relevant administrative or financial powers
have been delegated for taking decision in a matter relating to procurement.
MD, RISL in this bidding document.
Contract/
A contract entered into between the procuring entity and a successful bidder
Procurement
concerning the subject matter of procurement
Contract
Day A calendar day as per GoR/ GoI
Department of Electronics and Information Technology, Government of India
DeitY, GoI

DoIT&C Department of Information Technology and Communications,

Government of Rajasthan.
ESP Event Stream Processing
ETL Extract Transform Load
GoI/ GoR Govt. of India/ Govt. of Rajasthan
All articles, material, commodities, electricity, livestock, furniture, fixtures, raw
material, spares, instruments, software, machinery, equipment, industrial plant,
vehicles, aircraft, ships, railway rolling stock and any other category of
Goods
goods, whether in solid, liquid or gaseous form, purchased or otherwise acquired
for the use of a procuring entity as well
as services or works incidental to the supply of the goods if the

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value of services or works or both does not exceed that of the goods
themselves

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GST Goods & Services Tax

ICT Information and Communication Technology.
Invitation for Bids (A document published by the procuring entity inviting
Bids relating to the subject matter of procurement and any amendment thereto
IFB
and includes notice inviting Bid and request for proposal)

INR Indian Rupee

ISI Indian Standards Institution
ISO International Organisation for Standardisation
IT Information Technology
ITB Instruction to Bidders
LD Liquidated Damages
LoI Letter of Intent
NIB Notice Inviting Bid
Notification A notification published in the Official Gazette
OEM Original Equipment Manufacturer
PAN Permanent Account Number
PBG Performance Bank Guarantee
PC Procurement/ Purchase Committee
PQ Pre-Qualification
The process of procurement extending from the issue of invitation to Bid till
Procurement
the award of the procurement contract or cancellation of the procurement
Process
process, as the case may be
The acquisition by purchase, lease, license or otherwise of works, goods or
services, including award of Public Private Partnership projects, by a procuring
Procurement/ Public entity whether directly or through an agency with which a contract for
Procurement procurement services is entered into, but does not include any acquisition
without consideration, and “procure” or “procured” shall be construed
accordingly
Project Site Wherever applicable, means the designated place or places.
PSD/ SD Performance Security Deposit/ Security Deposit
Purchaser/ Person or entity that is a recipient of a good or service provided by a seller
Tendering Authority/ (bidder) under a purchase order or contract of sale. Also called buyer. RISL in
Procuring Entity this RFP document.
RISL RajCOMP Info Services Limited
RSDC Rajasthan State Data Centre, New IT Building, Jaipur

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Any subject matter of procurement other than goods or works and includes
physical, maintenance, professional, intellectual, consultancy and advisory
Services services or any service classified or declared as such by a procuring entity and
does not include appointment of any person made by any procuring entity

Service Level Agreement is a negotiated agreement between two parties

wherein one is the customer and the other is the service provider. It is a service
SLA contract where the level of service is formally defined. In practice, the term SLA
is sometimes used to refer to the contracted delivery time (of the service) or
performance.
State Government Government of Rajasthan (GoR)
State Public
[Link]
Procurement Portal
Subject Matter of
Any item of procurement whether in the form of goods, services or works
Procurement
TIN Tax Identification Number
VA Visual Analytics
WO/ PO Work Order/ Purchase Order

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NIB No. F3.3(525)/RISL/PUR/2024/1855 Dated: 07.06.2024

Unique Bid No. RIS2425SLOB00020

1. INVITATION FOR BID (IFB) & NOTICE INVITING BID (NIB)

 Name: RajCOMP Info Services Limited (RISL)
Name & Address of the
 Address: First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-
Procuring Entity
Scheme, Jaipur (Rajasthan)
 Name: Sh. Dheeraj Gaur
Name & Address of the  Designation: System Analyst (Jt. Director)
Project Officer In-charge  Address: First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-
(POIC) Scheme, Jaipur (Rajasthan)
 Email: [Link]@[Link]
Subject Matter of
Hiring of Technical Experts Services for SAS Analytics Stack.
Procurement
Single Stage Two Envelope Open Competitive e-Bid procedure at
Bid Procedure
[Link]
Bid Evaluation Criteria Least Cost Based Selection (LCBS)– L1
(Selection Method)
Websites for downloading
Bidding Document,  Websites: [Link]
Corrigendum’s, Addendums [Link]
etc.
Rs. 2.97 Crore (Rupees Two Crore and Ninety Seven Lakh)
Estimated Procurement Cost
including GST
 Bidding document fee: Rs. 2000 (Rupees Two Thousand only) in
Demand Draft in favour of “Managing Director, RISL” payable at
“Jaipur”.
 RISL Processing Fee: 2000 (Rupees Two Thousand only) in Demand
Draft in favour of “Managing Director, RISL” payable at Jaipur.
Submission of Banker’s
 Amount (INR): 2.0% of the estimated procurement cost (mentioned
Cheque/ Demand Draft for
above), 0.5% for S.S.I. of Rajasthan, 1% for Sick Industries, other
Tender Fee, Bid Security, and
than S.S.I., whose cases are pending with Board of Industrial &
Processing Fee
Financial Reconstruction.
 Mode of Payment: Banker’s Cheque or Demand Draft or Bank
Guarantee (in specified format), of a Scheduled Bank in favour of
“Managing Director, RISL” payable at “Jaipur”

Upload Date of RFP  07.06.2024

Period of Sale of Bidding  Start Date: 07.06.2024, 02:00 PM
Document (Start/ End Date)  End Date: 21.06.2024, 04:00 PM
 Manner: Online at e-Proc website [Link]
Manner, Start/End date for
 Start Date: 15.06.2024, 05:00 PM
the submission of Bids
 End Date: 21.06.2024, 04:00 PM
Submission of Banker’s
Upto 21.06.2024 till 3:00 PM
Cheque/Demand Draft for
Tender Fee, Bid Security and

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RISL processing fees

Date: 21.06.2024 Time: 05:00 PM
Date/ Time/ Place of
Place: RISL Board Room, First Floor, Yojana Bhawan, C-Block, Tilak
Technical Bid Opening
Marg, C-Scheme, Jaipur-302005
Date/ Time/ Place of Financial
Will be intimated later to the Technically qualified bidders
Bid Opening
Bid Validity 90 days from the bid submission deadline

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Note - The RISL processing fees may be deposited through single challan on e-GRAS as per F.D. circular no.
F.6(5)Finance/GF&AR/2018 dated 27-04-2020 or in the form of Demand Draft / Banker's Cheque in the name
of Managing Director, RISL payable at Jaipur alongwith Bid Document Fee from the bidders.

1) Bidder (authorised signatory) shall submit their offer on-line in Electronic formats both for technical
and financial proposal. However, DD for Tender Fees, RISL Processing Fees and Bid Security should
be submitted physically at the office of Tendering Authority as prescribed in NIB and scanned copy of
same should also be uploaded along with the technical Bid/ cover.
2) In case, any of the bidders fails to physically submit the Banker’s Cheque/ Demand Draft for Tender
Fee, Bid Security, and RISL Processing Fee up to date/time mentioned in NIT, its Bid shall not be
accepted. The Banker’s Cheque/ Demand Draft for Bidding document fee, RISL Processing Fee and
Bid Security should be drawn in favour of “Managing Director, RajCOMP Info Services Ltd.”
payable at “Jaipur” from any Scheduled Commercial Bank.

3) To participate in online bidding process, Bidders must procure a Digital Signature Certificate (Type
III) as per Information Technology Act-2000 using which they can digitally sign their electronic bids.
Bidders can procure the same from any CCA approved certifying agency, i.e. TCS, Safecrypt, Ncode
etc. Bidders who already have a valid Digital Signature Certificate (DSC) need not procure a new
DSC. Also, bidders must register on [Link] (bidders already registered on
[Link] before 30-09-2011 must register again).
4) RISL will not be responsible for delay in online submission due to any reason. For this, bidders are
requested to upload the complete bid well advance in time so as to avoid 11th hour issues like slow
speed; choking of web site due to heavy load or any other unforeseen problems.
5) Bidders are also advised to refer "Bidders Manual Kit" available at e-Procurement website for further
details about the e-Tendering process.
6) Training for the bidders on the usage of e-Tendering System (e-Procurement) is also being arranged by
DoIT&C, GoR on a regular basis. Bidders interested for training may contact e- Procurement Cell,
DoIT&C for booking the training slot.

Contact No: 0141-4022688 (Help desk 10 am to 6 pm on all working days)

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e-mail: eproc@[Link]

Address : e-Procurement Cell, RISL, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur
7) The procuring entity reserves the complete right to cancel the bid process and reject any or all of the
Bids.
8) No contractual obligation whatsoever shall arise from the bidding document/ bidding process unless
and until a LoI has been issued or a formal contract is signed and executed between the procuring
entity and the successful bidder.
9) Procuring entity disclaims any factual/ or other errors in the bidding document (the onus is purely on
the individual bidders to verify such information) and the information provided therein are intended
only to help the bidders to prepare a logical bid-proposal.
10) The provisions of RTPP Act, 2012 and Rules, 2013 thereto shall be applicable for this procurement.
Furthermore, in case of any inconsistency in any of the provisions of this bidding document with the
RTPP Act 2012 and Rules thereto, the later shall prevail.

11) The sale of bidding documents shall be commenced from the date of publication of Notice Inviting
Bids (NIB) and shall be stopped one day prior to the date of opening of Bid. The complete bidding
document shall also be placed on the State Public Procurement Portal and e-Procurement portal. The
prospective bidders shall be permitted to download the bidding document from the websites and pay
its price while submitting the Bid to the procuring entity.
12) Bidding documents purchased by Principal of any concern may be used by its authorised sole selling
agents/ marketing agents/ distributors/ sub-distributors and authorised dealers or vice versa.

(Dheeraj Gaur)
SA (Joint Director)

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2. PROJECT PROFILE & BACKGROUND INFORMATION

2.1 About RajComp Info Services Limited (RISL)

RajCOMP Info Services Ltd. (formerly RajCOMP) is a fully owned Government of Rajasthan Company; it
is a leading consulting organization in the field of Information Technology. RajCOMP Info Services Ltd.
(RISL) operates under the aegis of Government of Rajasthan. RISL is designated State Designated Agency
(SDA) for implementation of NeGP Components i.e. State Data Centre (SDC), State Wide Area Network
(SWAN), Common Service Centre (CSC), State Service Delivery Gateway and other State’s Mission Mode
Projects (MMPs). RISL is also Technology Partner with departments like Agriculture Department, Election
Department, State Election Department, JCTSL, and Education Department etc. RISL takes up the activities
of procuring and outsourcing of hardware, software, networking components and other products and services
on behalf of Government Departments/ Organization(users).

2.2 Project Profile

RajCOMP Info Services Limited (RISL) is equipped with State of the Art SAS Analytical Stack.

RISL has developed and deployed numerous analytical reports across the various state government
departments like Medical& Health, Commercial Taxes, Transport, Excise, Mines & Geology, Registration &
Stamps, Rajasthan Police and more. Therefore, RISL intends to hire Technical Experts’ Services to work on
the existing SAS analytical stack.

The deployment of technical experts shall be on man-month basis to carry out the activities/ work as per the
requirement arise from time to time. The activities/ work to be carried out (but not limited to) by the
deployed manpower is as mentioned in “Chapter-4, Scope of Work”. It is expected that the bidder would
involve only competent and qualified personnel who are self-motivated and delivery oriented. The deployed
resources shall work under the direct supervision of the OICs nominated from RISL / DoIT&C. The
deployed resources would act as an augmentation to the existing team working on various projects
/applications.

RISL has also setup a big data analytics platform based on Cloudera Hadoop platform. The platform acts
as a common source of data for various tools present in analytical stack.

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3. PRE-QUALIFICATION/ ELIGIBILITY CRITERIA

1) A bidder participating in the procurement process shall possess the following minimum pre-
qualification/ eligibility criteria.
Sl. Basic Specific Requirements Documents Required
No. Requirement
1. Legal Entity A) The bidder should be a Proprietorship firm - Copy of valid
duly registered either under the Rajasthan Registration Certificates
Shops & Commercial Establishments Act,
1958 or any other Act of State/ Union, as - Copy of Certificates
applicable for dealing in the subject matter of of incorporation
procurement
(Note: A self-certified declaration regarding
the non-applicability of registration to any Act
should be submitted by the bidder)
OR
B) A company registered under Indian
Companies Act, 1956
OR
C) A partnership firm registered under Indian
Partnership Act, 1932.

2. Financial: The net worth of the Bidder as on CA Certificate with

Net Worth 31.03.2023 (as per the last published CA’s Registration
audited balance sheets), should be Number & Seal.
‘Positive’.
3. Tax registration The bidder should have a valid registered Copies of relevant
number of: certificates of
i. GSTN registration
ii. Income Tax / PAN number.
4. Financial The average annual financial turnover of the CA Certificate with
Turnover last three financial year i. e. 2020-21, 2021-22 CA’s Registration
& 2022-23 from IT/ITeS should Number & Seal.
not be less than 25 Crore.
5. Bidder’s The bidder must have successfully Copies of work orders
Capability implemented at least one project of similar with order value and
nature (technical experts’ services for Data completion/ phase
Analytics projects) in the last 5 years from the completion certificates
date of submission of bid. issued by the client
organization.
The value of the project should be Rs. 1 Crore
and above.
OR
The bidder should have implemented at least
two projects of similar nature with cumulative
value of Rs. 1.5 Crore and above.
OR
The bidder should have implemented at least
three projects of similar nature with

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Sl. Basic Specific Requirements Documents Required

No. Requirement
cumulative value of Rs. 2 Crore or above.

6. Mandatory Submission of Self Certified letter as per A Self Certified letter

Undertaking Annexure-3: titled Self-Declaration. as per Annexure-3:
Self-Declaration.

2) In addition to the provisions regarding the qualifications of the bidders as set out in (1) above:-

a. The procuring entity shall disqualify a bidder as per the provisions under “Clause:
Exclusion/ Disqualification of bids in Chapter-5: ITB”; and

b. The procuring entity may require a bidder, who was pre-qualified, to demonstrate its qualifications
again in accordance with the same criteria used to pre-qualify such bidder. The procuring entity shall
disqualify any bidder that fails to demonstrate its qualifications again, if requested to do so. The
procuring entity shall promptly notify each bidder requested to demonstrate its qualifications again
as to whether or not the bidder has done so to the satisfaction of the procuring entity.

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4. SCOPE OF WORK, DELIVERABLES & TIMELINES

4.1 Scope of Work

RISL intends to invite qualified and competent firms to provide Technical Experts’ Services for the
duration mentioned in section 4.1.1 for development and implementation of various use cases /
analytical reports/ interactive dashboards using existing SAS analytical tools/ platforms.

The deployed resources shall also manage, support, modify and update the existing analytical
reports/dashboards developed on the SAS platform on regular basis or as and when required.

RISL will require analysis of content on various attributes such as semantic analysis, textual
analytics, contextual analytics, sentiment analytics, hashtag analysis, correlational analytics, web
analytics, etc. for structured, semi-structured and unstructured data sets. The proposed analysis will
be required by the various stakeholders for informed decision making.

RISL also maintains a big data analytics platform which is based on Cloudera Hadoop platform. The
platform is integrated with existing analytics tools and is intended to work as a data lake for all the
analytical applications.

The indicative list of major areas, where the resources shall be working on as part of the assignment
is as following:

 Develop innovative, secure, dynamic/static analytical dashboards and reports for various
State Government projects and applications using the existing available SAS
tools/platforms.
 Maintenance of SAS Stack (Refer annexure-12 for details of available SAS stack).
 Preparation of versioned user manual guides and standard operating procedure for the
deployment. The prepared deployment architecture should comply with the actually
deployed solution.
 Understanding how data flows within various systems to provide input on requirements for
databases to ensure data is organized properly for required reporting/analytics.
 Working with RISL/DoIT&C and cross-functional teams to thoroughly document reporting
processes and systems.
 Identify, analyze, and interpret trends or patterns in complex data sets.
 Update/ modification/ development of any new features in existing analytical
reports/dashboards/software applications whenever required.
 Performance Tuning of the existing/developed solution.
 To conduct Training and capacity building workshops as per actual requirements to be
worked out.
 Any other project related work assigned by DoIT&C/ RISL.

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4.1.1 Resource Requirement

The selected bidder shall be responsible for providing resources for two (2) years which may further be
extended up to another one year based on the performance of the firm and mutual consent of RISL and
the respective Organization/Firm.
 All the resources are to be deployed onsite (i.e. RISL, Jaipur).
 The deployed technical experts need to work on the analytical stack for which they have been
hired.
 RISL expects bidder to deploy experienced and agile team which quickly starts delivering.
 Data security and confidentiality is very important during project execution. No sensitive
government data could be taken offsite for any project related work.
 The resources deployed by the selected bidder will perform their duties in accordance with the
instructions given by the designated officers of DoIT&C/RISL from time to time. DoIT&C/RISL
will examine the qualification, experience etc. of the personnel provided before they are
deployed. The selected bidder has to take approval from RISL for the proposed staff before their
deployment.
 Any requirement of increasing the number of resources upto 50% shall have to be catered within
45 days from the date of notification of requirement.
4.1.2 Resource Profile, Qualification & Experience

It is envisaged that the teams would comprise of resources having diversified and relevant skill sets
which are necessary for project implementation. The resources would be deployed across the projects on
need basis and depending upon their skill sets.

The minimum required technical qualifications and experience details for the onsite resources are as
follows:

S. Education Number of
No Designation Qualification Experts Work Experience
 Overall 8+ years of experience in Data
analytics/ Software Development.
 6+ years relevant work experience of SAS and
SAS Programming.
 Excellent problem solving and analytical
skills
 Performance Optimization of the
dashboards
Senior  Hands-on experience in one or more areas
B.E/ [Link]/ mentioned as follows:-
Developer
1 MCA/ M. Tech. 1
(SAS) o ETL tools and concepts
o DS2 programming
o Viya Modelling
o Visual Analytics (VA) Development
 Performance Optimization of the
dashboards
 Experience in Data Modeling
 Experience in working with RDBMS
including Oracle, SQL Server etc.
 Excellent problem solving and analytical

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S. Education Number of
No Designation Qualification Experts Work Experience
skills
 Ability to optimize data loads and
applications for efficient performance
 Experience working in a big data
environment is add on
 Overall 5+ years of experience in Data
analytics/ Software Development
 3+ years relevant work experience of SAS and
SAS Programing.
 Hands-on experience in one or more areas
mentioned as follows:-
Developer B.E/ [Link]/ o ETL tools and concepts
2 (SAS) MCA/ M. Tech. 2 o DS2 programming
o Viya Modelling
o Visual Analytics (VA) Development
 Experience in Data Modeling
 Experience in working with RDBMS
including Oracle, SQL Server etc.
 Excellent problem solving and analytical
skills
 Overall 8+ years of experience.
 6+ years relevant work experience
 In-depth knowledge of Linux
 SAS servers troubleshooting and performance
tuning
 Required expert level skills in SAS
System B.E/ [Link]/ Management console, SAS Deployment
3 Administrator MCA/ M. Tech. 1 Manager, SAS Foundation management, SAS
(SAS) service management
 Knowledge of LSF
 Migration experience on SAS environment and
reports by developing a batch script
 Expert in DB connection established from
SAS/Access Interface to Oracle, SQL server,
MSSQL ,Hadoop etc.

Note:- The numbers of experts in the table above are indicative only and RISL may increase/ decrease the
number of experts to be deployed while issuing the work order.
4.1.3 Project Deliverables, Milestones, Time Schedule & Payment:
RISL shall undertake periodic review of the progress made by the selected bidder. At the end of each
quarter, progress of each deployed resource shall be closely reviewed and it is expected that the
resources shall be sincere to their work and work on extended office hours / holidays to ensure
completion of their tasks if required. Each team member shall be responsible to maintain timesheet
as per the directions of RISL. The list of deliverables is mentioned in the following table:

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S. Scope of Work Deliverables Timelines Payment

No.
1. Activities as mentioned in Quarterly Payment
Monthly Performance
Clause 4 (Scope of Work) on
Report and Monthly Within one week
Man-Month Basis
Attendance Report duly of end of each
as per the rates
signed by the quarter
quoted in
OIC/Nodal Officer
Financial Bid
Note:
a) The payment will be made on the deliverables basis.
b) Penalty and LD, if any shall be deducted from the due payments.
c) The selected bidder shall deploy the required man-power within 45 days from the date of issuance of
work order.
d) The payment of the last quarter shall be released only when the Exit Management Plan has been
successfully executed to the satisfaction of the RISL. An undertaking to this regard is to be
submitted by the bidder as per the “Annexure – 10”.

4.1.4 Training & Capacity Building

The selected bidder shall also prepare a comprehensive training and capacity building plan on
deployed solution.
 Provide comprehensive training on the deployed reports every quarter to the
designated officers of DoIT&C/ RISL/ Other departments.
 The content of the training/capacity building workshop and its schedule shall be
mutually decided by RISL/DoIT&C and the bidder.
 The training material (like slides in soft copies, handouts, study material, etc.) shall be
provided by the trainer to the participants before the training sessions.
The requisite training infrastructure like the place, computer, projector, etc. shall be provided by
RISL/DOIT&C.

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5. INSTRUCTION TO BIDDERS (ITB)

1) Sale of Bidding/ Tender Documents
a) Download of bidding documents shall be commenced from the date of publication of Notice
Inviting Bids (NIB) and shall be stopped as per the date & time mentioned in NIB. The complete
bidding document shall also be placed on the State Public Procurement Portal and e-Procurement
portal. The prospective bidder shall be permitted to download the bidding document from the
websites and pay its price while submitting the Bid to the procuring entity.
b) The bidding documents shall be made available to any prospective bidder who pays the price for
it in cash or by bank demand draft, banker's cheque.
c) Bidding documents purchased by Principal of any concern may be used by its authorised sole
selling agents/ marketing agents/ distributors/ sub-distributors and authorised dealers or vice versa.

2) Pre-Bid Meeting / Clarifications/ Modifications/ Changes

a) Any prospective bidder may, in writing, seek clarifications from the procuring entity in respect of
the bidding documents.
b) A pre-bid conference can also be scheduled by the procuring entity to clarify doubts of potential
bidders in respect of the procurement and the records of such conference shall be intimated to all
bidders and where applicable, shall be published on the respective websites.
c) The period within which the bidders may seek clarifications and the period within which the
procuring entity shall respond to such requests for clarifications shall be as under: -
a. Last date of submitting clarifications requests by the bidder: as per NIB
b. Response to clarifications by procuring entity: as per NIB
d) The minutes and response, if any, shall be provided promptly to all bidders to which the procuring
entity provided the bidding documents, so as to enable those bidders to take minutes into account
in preparing their bids and shall be published on the respective websites.
e) At any time, prior to the deadline for submission of Bids, the procuring entity can for any reason,
whether on its own initiative or as a result of a request for clarification by a bidder, modify the
bidding documents by issuing an addendum in accordance with the provisions below.
f) In case, any modification is made to the bidding document or any clarification is issued which
materially affects the terms contained in the bidding document, the procuring entity

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shall publish such modification or clarification in the same manner as the publication of
the initial bidding document.
g) In case, a clarification or modification is issued to the bidding document, the procuring entity may,
prior to the last date for submission of Bids, extend such time limit in order to allow the bidders
sufficient time to take into account the clarification or modification, as the case may be, while
submitting their Bids.
h) Any bidder, who has submitted his Bid in response to the original invitation, shall have the
opportunity to modify or re-submit it, as the case may be, within the period of time originally
allotted or in such extended time. Provided that the Bid last submitted or the Bid as modified by
the bidder shall be considered for evaluation.

3) Period of Validity of Bids

a) Bids submitted by the bidders shall remain valid during the period specified in the NIB/ bidding
document. A Bid valid for a shorter period shall be rejected by the procuring entity as non-
responsive Bid.
b) Prior to the expiry of the period of validity of Bids, the procuring entity, in exceptional
circumstances, may request the bidders to extend the bid validity period for an additional specified
period of time. A bidder may refuse the request and such refusal shall be treated as withdrawal of
Bid and in such circumstances bid security shall not be forfeited.
c) Bidders that agree to an extension of the period of validity of their Bids shall extend or get extended
the period of validity of bid securities submitted by them or submit new bid securities to cover the
extended period of validity of their bids. A bidder whose bid security is not extended, or that has
not submitted a new bid security, is considered to have refused the request to extend the period of
validity of its Bid.
4) Format and Signing of Bids
a) Bidders must submit their bids online at e-Procurement portal i.e.
[Link]
b) All the documents to be uploaded should be digitally signed with the DSC of
authorized signatory.
c) A Single stage two part/ cover system shall be followed for the Bid: -
a. Technical Bid, including fee details, eligibility & technical documents
b. Financial Bid
d) The technical bid shall consist of the following documents: -
S.
Documents Type Document Format
No.
Fee Details
1. Bidding document Fee (Tender Fee) Proof of submission (PDF)
2. RISL Processing Fee (e-Procurement) Instrument/ Proof of submission
(PDF)
3. Bid Security Annexure-11

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Pre-Qualification and Technical Documents

All the documents mentioned in the “Pre- As per the format mentioned against the
Qualification/Eligibility Criteria”, in support respective eligibility criteria clause
4.
of the eligibility (PDF)

5. Bidder’s Authorization Certificate As per Annexure-2

6. Self-declaration As per Annexure-3
Format For Submissionof Project As per Annexure-4
7. References for pre-qualification
experience.

e) Financial bid shall include the following documents: -

S. No. Documents Type Document Format
1. Financial Bid – Cover Letter On bidder’s letter head duly signed by
authorized signatory as per Annexure – 5
(PDF)
2. Financial Bid – Format As per BoQ (.XLS) format available on e-
Procurement portal

f) The bidder should ensure that all the required documents, as mentioned in this bidding document, are
submitted along with the Bid and in the prescribed format only. Non- submission of the required
documents or submission of the documents in a different format/ content may lead to the rejections
of the Bid submitted by the bidder.

5) Cost & Language of Bidding

(b) The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the
procuring entity shall not be responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
(c) The Bid, as well as all correspondence and documents relating to the Bid exchanged by the
Bidder and the procuring entity, shall be written English or Hindi Language. Supporting
documents and printed literature that are part of the Bid may be in another language provided
they are accompanied by an accurate translation of the relevant passages in English/ Hindi
language, in which case, for purposes of interpretation of the Bid, such translation shall govern.
6) Alternative/ Multiple Bids

Alternative/ Multiple Bids shall not be considered at all.

7) Bid Security
Every bidder, if not exempted, participating in the procurement process will be required to furnish the
bid security as specified in the NIB and annexure-11.
a) In open competitive bidding, two-stage bidding, rate contract, electronic reverse auction, bid security
shall be 2% or as specified by the State Government of the estimated value of subject matter of
procurement put to bid. In case of Small Scale Industries of Rajasthan it shall be 0.5% of the quantity
offered for supply and in case of sick industries, other than Small

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Scale Industries, whose cases are pending with Board of Industrial and Financial
Reconstruction, it shall be 1% of the value of bid. Concessional bid security may be taken from
registered bidders as specified by the State Government. Every bidder, if not exempted, participating in
the procurement process shall be required to furnish the bid security as specified in the notice inviting
bids.
b) In lieu of bid security, a bid securing declaration shall be taken from the-
i Departments/Boards of the State Government or Central Government;
ii Government Companies as defined in clause (45) of section 2 of the Companies Act, 2013;
iii Company owned or controlled, directly or indirectly, by the Central Government, or by any
State Government or Governments, or partly by the Central Government and partly by one
or more State Governments which is subject to audit by the Auditor appointed by the
Comptroller and Auditor-General of India under sub-section (5) or
(7) of section 139 of the Companies Act, 2013;
iv Autonomous bodies, Registered Societies, Cooperative Societies which are owned or
controlled or managed by the State Government or Central Government;
v Bidder in procurement related to Panchayat Samiti Nandishala Jan Sahbhagita Yojana or
Gram Panchayat Goshala/Pashu Asharya Sthal Jan Sahbhagita Yojana issued by the State
Government.
c) Bid security instrument or cash receipt of bid security or a bid securing declaration shall necessarily
accompany the sealed bid.
d) Bid security of a bidder lying with the procuring entity in respect of other bids awaiting decision shall
not be adjusted towards bid security for the fresh bids. The bid security originally deposited may,
however, be taken into consideration in case bids are re-invited.
e) The bid security may be given in the form of cash, a banker’s cheque or demand draft or bank
guarantee or electronic bank guarantee (e-BG), in specified format, of a scheduled bank or deposit
through eGRAS. The bid security must remain valid thirty days beyond the original or extended
validity period of the bid.
f) The bidding documents may stipulate that the issuer of the bid security and the confirmer, if any, of the
bid security, as well as the form and terms of the bid security, must be acceptable to the procuring
entity. In cases of International Competitive Bidding, the bidding documents may in addition stipulate
that the bid security shall be issued by an issuer in India.
g) Prior to presenting a submission, a bidder may request the procuring entity to confirm the acceptability
of proposed issuer of a bid security or of a proposed confirmer, if required. The procuring entity shall
respond promptly to such a request.
h) The bank guarantee or electronic bank guarantee (e-BG) presented as bid security shall be got
confirmed from the concerned issuing bank. However, the confirmation of the acceptability of a
proposed issuer or of any proposed confirmer does not preclude the

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procuring entity from rejecting the bid security on the ground that the issuer or the confirmer,
as the case may be, has become insolvent or has otherwise ceased to be creditworthy.
i) The bid security of unsuccessful bidders shall be refunded soon after final acceptance of
successful bid and signing of Agreement and submitting performance security.
j) The Bid security taken from a bidder shall be forfeited in the following cases, namely:-
a) When the bidder withdraws or modifies its bid after opening of bids;
b) When the bidder does not execute the agreement, if any, after placement of supply / work
order within the specified period;
c) When the bidder fails to commence the supply of the goods or service or execute work as
per supply / work order within the time specified;
d) When the bidder does not deposit the performance security within specified period after the
supply / work order is placed; and
e) If the bidder breaches any provision of code of integrity prescribed for bidders specified
in the Act and Chapter VI of these rules.
k) In case of the successful bidder, the amount of bid security may be adjusted in arriving at the amount
of the Performance Security, or refunded if the successful bidder furnishes the full amount of
performance security.
l) The Bid Security shall promptly be returned after the earliest of the following events, namely:-
(a) The expiry of validity of bid security;
(b) The execution of agreement for procurement and performance security is
furnished by the successful bidder;
(c) The cancellation of the procurement process; or
(d) The withdrawal of bid prior to the deadline for presenting bids, unless the bidding
documents stipulate that no such withdrawal is permitted.
8) Deadline for the submission of Bids
a) Bids shall be received online at e-Procurement portal and up to the time and date specified in the
NIB.
b) Normally, the date of submission and opening of Bids would not be extended. In exceptional
circumstances or when the bidding document are required to be substantially modified as a result of
discussions in pre-bid meeting/ conference or otherwise and the time with the prospective bidders for
preparation of Bids appears insufficient, the date may be extended by the procuring entity. In such
case the publicity of extended time and date shall be given in the manner, as was given at the time of
issuing the original NIB and shall also be placed on the State Public Procurement Portal, if
applicable. It would be ensured that after issue of corrigendum, reasonable time is available to the
bidders for preparation and submission of their Bids. The procuring entity shall also publish such
modifications in the bidding document in the same manner as the publication of initial bidding
document. If, in the office of the Bids receiving and opening authority, the last date of
submission or

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opening of Bids is a non-working day, the Bids shall be received or opened on the next
working day.
9) Withdrawal, Substitution, and Modification of Bids
a) If permitted on e-Procurement portal, a Bidder may withdraw its Bid or re-submit its Bid (technical
and/ or financial cover) as per the instructions/ procedure mentioned at e- Procurement website under
the section "Bidder's Manual Kit".
b) Bids withdrawn shall not be opened and processes further.

10) Opening of Bids

a) The Bids shall be opened by the bid opening & evaluation committee on the date and time mentioned
in the NIB in the presence of the bidders or their authorised representatives who choose to be
present.
b) The committee may co-opt experienced persons in the committee to conduct the process of Bid
opening.
c) The committee shall prepare a list of the bidders or their representatives attending the opening of
Bids and obtain their signatures on the same. The list shall also contain the representative’s name
and telephone number and corresponding bidders’ names and addresses. The authority letters, if any,
brought by the representatives shall be attached to the list. The list shall be signed by all the
members of Bid opening committee with date and time of opening of the Bids.
d) All the documents comprising of technical Bid/ cover shall be opened & downloaded from the e-
Procurement website (only for the bidders who have submitted the prescribed fee(s) to RISL).
e) The committee shall conduct a preliminary scrutiny of the opened technical Bids to assess the prima-
facie responsiveness and ensure that the: -
a. bid is accompanied by bidding document fee, bid security or bid securing declaration, and
processing fee (if applicable);
b. bid is valid for the period, specified in the bidding document;
c. bid is unconditional and the bidder has agreed to give the required performance security;
and
d. other conditions, as specified in the bidding document are fulfilled.
e. any other information which the committee may consider appropriate.
f) No Bid shall be rejected at the time of Bid opening except the Bids not accompanied with the proof
of payment or instrument of the required price of bidding document, processing fee and bid security.
g) The Financial Bid cover shall be kept unopened and shall be opened later on the date and time
intimated to the bidders who qualify in the evaluation of technical Bids.

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11) Selection Method:

Bidder would be selected on the basis of Least Cost Based Selection Method (LCBS) i.e. L1 method
as specified in “Financial Evaluation Criteria” of clause titled “Evaluation & Tabulation of Financial
Bids”, wherein an eligible bidder with adequate technical competence and the most competitive
(lowest or L1) rates / quote would be selected for the implementation of the project.

12) Clarification of Bids

a) To assist in the examination, evaluation, comparison and qualification of the bids, the bid evaluation
committee may at its discretion, ask any bidder for a clarification regarding its bid. The committee’s
request for clarification and the response of the bidder shall be in writing.
b) Any clarification submitted by a bidder with regard to its bid that is not in response to a request by
the committee shall not be considered.
c) No change in the prices or substance of the bid shall be sought, offered, or permitted, except to
confirm the correction of arithmetic errors discovered by the committee in the evaluation of the
financial bids.
d) No substantive change to qualification information or to a submission, including changes aimed at
making an unqualified bidder, qualified or an unresponsive submission, responsive shall be sought,
offered or permitted.
e) All communications generated under this rule shall be included in the record of the procurement
proceedings.

13) Evaluation & Tabulation of Technical Bids

a) Determination of Responsiveness
a. The bid evaluation committee shall determine the responsiveness of a bid on the basis of biding
documents and the provisions of sub-section (2) of section 7.
b. A responsive bid is one that meets the requirements of the bidding documents without material
deviation, reservation, or omission where: -
(a) “deviation” is a departure from the requirements specified in the bidding
documents;
(b) “reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the bidding documents; and
(c) “Omission” is the failure to submit part or all of the information or documentation
required in the bidding documents.

c. A material deviation, reservation, or omission is one that,

(a) if accepted, shall:-

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i. affect in any substantial way the scope, quality, or performance of the

subject matter of procurement specified in the bidding documents; or
ii. limits in any substantial way, inconsistent with the bidding documents, the
procuring entity’s rights or the bidder’s obligations under the proposed contract;
or

(b) if rectified, shall unfairly affect the competitive position of other bidders
presenting responsive bids.

d. The bid evaluation committee shall examine the technical aspects of the bid in particular, to
confirm that all requirements of bidding document have been met without any material
deviation, reservation or omission.
e. The procuring entity shall regard a bid as responsive if it conforms to all requirements set out in
the bidding documents, or it contains minor deviations that do not materially alter or depart from
the characteristics, terms, conditions and other requirements set out in the bidding documents, or
if it contains errors or oversights that can be corrected without touching on the substance of the
bid.

b) Non-material Non-conformities in Bids

a. The bid evaluation committee may waive any non-conformities in the Bid that do not constitute
a material deviation, reservation or omission, the Bid shall be deemed to be substantially
responsive.
b. The bid evaluation committee may request the bidder to submit the necessary information or
document like audited statement of accounts/ CA Certificate, Registration Certificate, GST
Registration Certificate, ISO/ CMMi Certificates, etc. within a reasonable period of time. Failure
of the bidder to comply with the request may result in the rejection of its Bid.
c. Any shortfall in the documents submitted by the bidder in pursuance to the provision contained
in the sub-clause (b) above, should belong to a date not later than the last date of bid submission.
d. The bid evaluation committee may rectify non-material nonconformities or omissions on the
basis of the information or documentation received from the bidder under (b) above.
c) Technical Evaluation Criteria: Bids shall be evaluation based on the documents submitted as a
part of technical bid. Technical bid shall contain all the documents as asked in the clause “Format
and Signing of Bids”
d) Tabulation of Technical Bids

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a. If Technical Bids have been invited, they shall be tabulated by the bid evaluation
committee in the form of a comparative statement to evaluate the qualification of the bidders
against the criteria for qualification set out in the bidding document.
b. The members of bid evaluation committee shall give their recommendations below the table as to
which of the bidders have been found to be qualified in evaluation of Technical Bids and sign it.
e) The number of firms qualified in technical evaluation, if less than three and it is considered
necessary by the procuring entity to continue with the procurement process, reasons shall be
recorded in writing and included in the record of the procurement proceedings.
f) The bidders who qualified in the technical evaluation shall be informed in writing about the date,
time and place of opening of their financial Bids.

14) Evaluation & Tabulation of Financial Bids

Subject to the provisions of “Acceptance of Successful Bid and Award of Contract” below, the procuring
entity shall take following actions for evaluation of financial Bids:-
a) The financial Bids of the bidders who qualified in technical evaluation shall be opened online at the
notified time, date and place by the bid evaluation committee in the presence of the bidders or their
representatives who choose to be present. Alternatively, the bidders may also view the financial bid
opening status/ process online at e-Procurement website.
b) the process of opening of the financial Bids shall be similar to that of technical Bids.
c) the names of the bidders, the rates given by them and conditions put, if any, shall be read out and
recorded;
d) conditional Bids are liable to be rejected;
e) the evaluation shall include all costs and all taxes and duties applicable to the bidder as per law of
the Central/ State Government/ Local Authorities, and the evaluation criteria specified in the bidding
documents shall only be applied;
f) the offers shall be evaluated and marked L1, L2, L3 etc.L1 being the lowest offer and then others in
ascending order.
g) the bid evaluation committee shall prepare a comparative statement in tabular form in accordance
with rules along with its report on evaluation of financial Bids and recommend the lowest offer for
acceptance to the procuring entity, if price is the only criterion, or most advantageous Bid in other
case;
h) The members of bids evaluation committee shall give their recommendations below the table
regarding lowest Bid or most advantageous Bid and sign it.
i) it shall be ensured that the offer recommended for sanction is justifiable looking to the prevailing
market rates of the goods, works or service required to be procured.
15) Correction of Arithmetic Errors in Financial Bids

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The bid evaluation committee shall correct arithmetical errors in substantially responsive bids,
on the following basis, namely: -
a) if there is a discrepancy between the unit price and the total price that is obtained by multiplying the
unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in
the opinion of the bid evaluation committee there is an obvious misplacement of the decimal point
in the unit price, in which case the total price as quoted shall govern and the unit price shall be
corrected;
b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the sub totals
shall prevail and the total shall be corrected; and
c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the
amount expressed in words is related to an arithmetic error, in which case the amount in figures
shall prevail subject to clause (a) and (b) above.
16) Price/ purchase preference in evaluation
In case of MSMEs, purchase preference notified by the State Government shall be considered in the
evaluation of bids and award of contract.
17) Negotiations
a) Except in case of procurement by method of single source procurement or procurement by
competitive negotiations, to the extent possible, no negotiations shall be conducted after the pre-bid
stage. All clarifications needed to be sought shall be sought in the pre-bid stage itself.
b) Negotiations may, however, be undertaken only with the lowest or most advantageous bidder when
the rates are considered to be much higher than the prevailing market rates.
c) The bid evaluation committee shall have full powers to undertake negotiations. Detailed reasons and
results of negotiations shall be recorded in the proceedings.
d) The lowest or most advantageous bidder shall be informed in writing either through messenger or by
registered letter and e-mail (if available). A minimum time of seven days shall be given for calling
negotiations. In case of urgency the bid evaluation committee, after recording reasons, may reduce
the time, provided the lowest or most advantageous bidder has received the intimation and consented
to regarding holding of negotiations.
e) Negotiations shall not make the original offer made by the bidder inoperative. The bid evaluation
committee shall have option to consider the original offer in case the bidder decides to increase rates
originally quoted or imposes any new terms or conditions.
f) In case of non-satisfactory achievement of rates from lowest or most advantageous bidder, the bid
evaluation committee may choose to make a written counter offer to the lowest or most
advantageous bidder and if this is not accepted by him, the committee may decide to reject and re-
invite Bids or to make the same counter-offer first to the second lowest or most advantageous
bidder, then to the third lowest or most advantageous bidder and so on

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in the order of their initial standing and work/ supply order be awarded to the bidder who
accepts the counter-offer. This procedure would be used in exceptional cases only.
g) In case the rates even after the negotiations are considered very high, fresh Bids shall be invited.
18) Exclusion of Bids/ Disqualification
a) A procuring entity shall exclude/ disqualify a Bid, if: -
a. the information submitted, concerning the qualifications of the bidder, was false or constituted a
misrepresentation; or
b. the information submitted, concerning the qualifications of the bidder, was materially inaccurate
or incomplete; and
c. the bidder is not qualified as per pre-qualification/ eligibility criteria mentioned in the bidding
document;
d. the Bid materially departs from the requirements specified in the bidding document or it contains
false information;
e. the bidder, submitting the Bid, his agent or any one acting on his behalf, gave or agreed to give,
to any officer or employee of the procuring entity or other governmental authority a gratification
in any form, or any other thing of value, so as to unduly influence the procurement process;
f. a bidder, in the opinion of the procuring entity, has a conflict of interest materially affecting fair
competition.
b) A Bid shall be excluded/ disqualified as soon as the cause for its exclusion/ disqualification is
discovered.
c) Every decision of a procuring entity to exclude a Bid shall be for reasons to be recorded in writing
and shall be: -
a. communicated to the concerned bidder in writing;
b. published on the State Public Procurement Portal, if applicable.
19) Lack of competition
a) A situation may arise where, if after evaluation of Bids, the bid evaluation committee may end-up
with one responsive Bid only. In such situation, the bid evaluation committee would check as to
whether while floating the NIB all necessary requirements to encourage competition like standard
bid conditions, industry friendly specifications, wide publicity, sufficient time for formulation of
Bids, etc were fulfilled. If not, the NIB would be re-floated after rectifying deficiencies. The bid
process shall be considered valid even if there is one responsive Bid, provided that: -
a. the Bid is technically qualified;
b. the price quoted by the bidder is assessed to be reasonable;
c. the Bid is unconditional and complete in all respects;
d. there are no obvious indicators of cartelization amongst bidders; and

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e. the bidder is qualified as per the provisions of pre-qualification/ eligibility criteria in the
bidding document
b) The bid evaluation committee shall prepare a justification note for approval by the next higher
authority of the procuring entity, with the concurrence of the accounts member.
c) In case of dissent by any member of bid evaluation committee, the next higher authority in
delegation of financial powers shall decide as to whether to sanction the single Bid or re- invite Bids
after recording reasons.
d) If a decision to re-invite the Bids is taken, market assessment shall be carried out for estimation of
market depth, eligibility criteria and cost estimate.

20) Acceptance of the successful Bid and award of contract

a) The procuring entity shall award the contract to the bidder whose offer has been determined to be
the lowest or most advantageous in accordance with the evaluation criteria set out in the bidding
documents and if the bidder has been determined to be qualified to perform the contract
satisfactorily on the basis of qualification criteria fixed for the bidders in the bidding documents for
the subject matter of procurement.

b) Prior to the expiration of the period of bid validity, A written intimation OR Letter of Intent /
Acceptance (LOI / LOA) shall be sent to the concerned bidder by registered post or e-mail and
asked to execute an agreement in the format given in the bidding documents on a non judicial
stamp of requisite value and deposit the amount of performance security or a performance security
declaration, if applicable, within a period specified in the bidding documents or where the period is
not specified in the bidding documents then within fifteen days from the date on which the letter of
acceptance or letter of intent is despatched to the bidder.
c) The acceptance of an offer is complete as soon as the letter of acceptance or letter of intent is
posted and/ or sent by e-mail to the address of the bidder given in the bidding document. Until a
formal contract is executed, the letter of acceptance or Letter of Intent shall constitute a binding
contract.
21) Information and publication of award

Information of award of contract shall be communicated to all participating bidders and published on the
respective website(s) as specified in NIB.
22) Procuring entity’s right to accept or reject any or all Bids
The Procuring entity reserves the right to accept or reject any bid, and to annul the bidding process and
reject all bids at any time prior to award of contract, without thereby incurring any liability to the
bidders.

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23) Right to vary quantity

a) If the procuring entity does not procure any subject matter of procurement or procures less than the
quantity specified in the bidding documents due to change in circumstances, the bidder shall not be
entitled for any claim or compensation except otherwise provided in the bidding documents.
b) Orders for extra items may be placed by the procuring entity in accordance with the Schedule of
Powers as prescribed by the Finance Department, upto 5% of the value of the original contract.
c) Orders for additional quantities may be placed on the rates and conditions given in the contract and
the original order was given after inviting open competitive bids. Delivery or completion period may
also be proportionately increased. The limits of orders for additional quantities shall be as under :-
i 50% of the quantity of the individual items and 50% of the value of original contract in case
of works; and
ii 50% of the value of goods or services of the original contract.
24) Dividing Quantities among more than one bidder at the time of Award
As a general rule all the quantities of the subject matter of procurement shall be procured from the
bidder, whose bid is accepted. However, when it is considered that the quantity of the subject matter of
procurement to be procured is very large and it may not be in the capacity of the bidder, whose bid is
accepted, to deliver the entire quantity or when it is considered that the subject matter of procurement to
be procured is of critical and vital nature, in such cases, the quantity may be divided among the L1, L2,
L3 bidders. If quantity is divided between L1 and L2, the ratio shall be 80:20. If quantity is divided
among L1, L2, L3, the ratio shall be [Link] or deemed appropriate by Purchase Committee.
25) Performance Security
a) Performance security shall be solicited from all successful bidders except the,-
i. Departments/Boards of the State Government or Central Government;
ii. Government Companies as defined in clause (45) of section 2 of the Companies Act, 2013;
iii. Company owned or controlled, directly or indirectly, by the Central Government, or by any State
Government or Governments, or partly by the Central Government and partly by one or more
State Governments which is subject to audit by the Auditor appointed by the Comptroller and
Auditor-General of India under sub-section (5) or (7) of section 139 of the Companies Act, 2013;
iv. Autonomous bodies, Registered Societies, Cooperative Societies which are owned or controlled
or managed by the State Government or Central Government;
v. Bidder in procurement related to Panchayat Samiti Nandishala Jan Sahbhagita Yojana or Gram
Panchayat Goshala/Pashu Asharya Sthal Jan Sahbhagita Yojana issued by the

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State Government. However, a performance security declaration shall be taken from

them. The State Government may relax the provision of performance security in a particular
procurement or any class of procurement.
b) The amount of performance security shall be five percent, or as may be specified in the bidding
documents, of the amount of supply order in case of procurement of goods and services and ten
percent of the amount of work order in case of procurement of works. In case of Small Scale
Industries of Rajasthan it shall be one percent of the amount of quantity ordered for supply of goods
and in case of sick industries, other than Small Scale Industries, whose cases are pending before the
Board of Industrial and Financial Reconstruction (BIFR), it shall be two percent of the amount of
supply order.
c) Performance security shall be furnished in any one of the following forms-
a) deposit though eGRAS;
b) Bank Draft or Banker's Cheque of a scheduled bank;
c) National Savings Certificates and any other script/instrument under National Savings
Schemes for promotion of small savings issued by a Post Office in Rajasthan, if the same can
be pledged under the relevant rules. They shall be accepted at their surrender value at the
time of bid and formally transferred in the name of procuring entity with the approval of
Head Post Master;
d) Bank guarantee or electronic bank guarantee (e-BG) of a scheduled bank. It shall be got
verified from the issuing bank. Other conditions regarding bank guarantee shall be same as
mentioned in the rule 42 for bid security;
e) Fixed Deposit Receipt (FDR) of a scheduled bank. It shall be in the name of procuring entity
on account of bidder and discharged by the bidder in advance. The procuring entity shall
ensure before accepting the Fixed Deposit Receipt that the bidder furnishes an undertaking
from the bank to make payment/premature payment of the Fixed Deposit Receipt on demand
to the procuring entity without requirement of consent of the bidder concerned. In the event
of forfeiture of the performance security, the Fixed Deposit shall be forfeited along with
interest earned on such Fixed Deposit.
f) In case of procurement of works, the successful bidder at the time of signing of the contract
agreement, may submit option for deduction of performance security from his each running
and final bill @ 10% of the amount of the bill.
d) Performance security furnished in the form specified in clause (b) to (e) of sub-rule (3) shall remain
valid for a period of sixty days beyond the date of completion of all contractual obligations of the
bidder, including warranty obligations and maintenance and defect liability period.
e) Additional Performance Security- In addition to Performance Security as specified in rule 75, an
Additional Performance Security shall also be taken from the successful bidder in

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case of unbalanced bid. The Additional Performance Security shall be equal to fifty percent
of Unbalanced Bid Amount. The Additional Performance Security shall be deposited in lump sum by
the successful bidder before execution of Agreement. The Additional Performance Security shall be
deposited through e-Grass, Demand Daft, Banker's Cheque, Government Securities , Bank guarantee
or electronic Bank Guarantee (e-BG)
Explanation : For the purpose of this rule,- (i) Unbalanced Bid means any bid below more than
fifteen percent of Estimated Bid Value. (ii) Estimated Bid Value means value of subject matter of
procurement mention in bidding documents by the Procuring Entity. (iii) Unbalanced Bid Amount
means positive difference of eighty five percent of Estimated Bid Value minus Bid Amount Quoted
by the bidder.
f) In case of unbalanced bid relating to IT & e-Governance Project having cost of twenty crore rupees
or more and approved by the State e-Governance Mission Team (SeMT), Department of Information
Technology & Communication, Rajasthan as a High Tech Project, the Additional Performance
Security shall not required to be taken.
g) The Additional Performance Security shall be refunded to the contractor after satisfactory
completion of the entire work. The Additional Performance Security shall be forfeited by the
Procuring Entity when work is not completed within stipulated period by the contractor.
26) Execution of agreement
a) A procurement contract shall come into force from the date on which the agreement is signed.
b) The successful bidder shall sign the procurement contract within 15 days from the date on which the
letter of acceptance or letter of intent is despatched to the successful bidder.
c) If the bidder, who’s Bid has been accepted, fails to sign a written procurement contract or fails to
furnish the required performance security within specified period, the procuring entity shall take
action against the successful bidder as per the provisions of the bidding document and Act. The
procuring entity may, in such case, cancel the procurement process or if it deems fit, offer for
acceptance the rates of lowest or most advantageous bidder to the next lowest or most advantageous
bidder, in accordance with the criteria and procedures set out in the bidding document.
d) The bidder will be required to execute the agreement on a non-judicial stamp of specified value at its
cost and to be purchase from anywhere in Rajasthan only.

27) Confidentiality
a) Notwithstanding anything contained in this bidding document but subject to the provisions of any
other law for the time being in force providing for disclosure of information, a procuring entity shall
not disclose any information if such disclosure, in its opinion, is likely to: -
a. impede enforcement of any law;

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b. affect the security or strategic interests of India;

c. affect the intellectual property rights or legitimate commercial interests of bidders;
d. Affect the legitimate commercial interests of the procuring entity in situations that may include
when the procurement relates to a project in which the procuring entity is to make a competitive
bid, or the intellectual property rights of the procuring entity.
b) The procuring entity shall treat all communications with bidders related to the procurement process
in such manner as to avoid their disclosure to competing bidders or to any other person not
authorised to have access to such information.
c) The procuring entity may impose on bidders and sub-contractors, if there are any for fulfilling the
terms of the procurement contract, conditions aimed at protecting information, the disclosure of
which violates (a) above.
d) In addition to the restrictions specified above, the procuring entity, while procuring a subject matter
of such nature which requires the procuring entity to maintain confidentiality, may impose condition
for protecting confidentiality of such information. The successful bidder shall be required to execute
Non Disclosure Agreement (NDA) with RISL as per Annexure- 9.
28) Cancellation of procurement process
a) If any procurement process has been cancelled, it shall not be reopened but it shall not prevent the
procuring entity from initiating a new procurement process for the same subject matter of
procurement, if required.
b) A procuring entity may, for reasons to be recorded in writing, cancel the process of procurement
initiated by it -
a. at any time prior to the acceptance of the successful Bid; or
b. after the successful Bid is accepted in accordance with (d) and (e) below.
c) The procuring entity shall not open any bids or proposals after taking a decision to cancel the
procurement and shall return such unopened bids or proposals.
d) The decision of the procuring entity to cancel the procurement and reasons for such decision shall be
immediately communicated to all bidders that participated in the procurement process.
e) If the bidder who’s Bid has been accepted as successful fails to sign any written procurement
contract as required, or fails to provide any required security for the performance of the contract, the
procuring entity may cancel the procurement process.
f) If a bidder is convicted of any offence under the Act, the procuring entity may: -
a. cancel the relevant procurement process if the Bid of the convicted bidder has been declared as
successful but no procurement contract has been entered into;
b. rescind (cancel) the relevant contract or forfeit the payment of all or a part of the contract
value if the procurement contract has been entered into between the procuring entity and the
convicted bidder.

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29) Code of Integrity for Bidders

a) Any bidder participating in procurement process shall
(a) Not offer any bribe, reward or gift or any material benefit either directly or indirectly in exchange
for an unfair advantage in procurement process or to otherwise influence the procurement process;
(b) Not misrepresent or omit information that misleads or attempts to mislead so as to obtain a financial
or other benefit or avoid an obligation;
(c) Not indulge in any collusion, bid rigging or anticompetitive behaviour to impair the transparency,
fairness and progress of the procurement process;
(d) Not misuse any information shared between the procuring entity and the bidders with an intent to
gain unfair advantage in the procurement process;
(e) Not indulge in any coercion including impairing or harming or threatening to do the same, directly or
indirectly, to any party or to its property to influence the procurement process;
(f) Not obstruct any investigation or audit of a procurement process;
(g) Disclose conflict of interest, if any; and
(h) Disclose any previous transgressions with any entity in India or any other country during the last
three years or any debarment by any other procuring entity.
30) Conflict of Interest

a) A conflict of interest for bidders is considered to be a situation in which a party has interests that could
improperly influence that party’s performance of official duties or responsibilities, contractual
obligations, or compliance with applicable laws and regulations.
b) A Bidder may be considered to be in conflict of interest with one or more parties in a bidding process
if, including but not limited to:-
(a) They have controlling partners in common;
(b)They receive or have received any direct or indirect subsidy from any of them;
(c) They have the same legal representative for purposes of the bid;
(d)They have a relationship with each other, directly or through common third parties, that puts them
in a position to have access to information about or influence on the bid of another;
(e) A bidder participates in more than one bid in the same bidding process. However, this does not
limit the inclusion of the same sub-contractor, not otherwise participating as a bidder, in more than
one bid; or
(f) A bidder or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the subject matter of procurement of the bidding process. All bidders shall
provide in Qualification Criteria and Biding Forms, a statement that the bidder is neither associated
nor has been associated directly or indirectly, with the consultant or any other entity that has
prepared the design, specifications and other

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documents for the subject matter of procurement or being proposed as Project Manager for
the contract.

31) Brech of Code of Integrity by the Bidder

Without prejudice to the provisions of Chapter IV of the Act, in case of breach of any provision of the
code of integrity by a bidder or prospective bidder, as the case may be, the procuring entity may take
appropriate action in accordance with the provisions of subsection (3) of section 11 and section 46.

32) Interference with Procurement Process

A bidder, who: -
a) withdraws from the procurement process after opening of financial bids;
b) withdraws from the procurement process after being declared the successful bidder;
c) fails to enter into procurement contract after being declared the successful bidder;
d) fails to provide performance security or any other document or security required in terms of the
bidding documents after being declared the successful bidder, without valid grounds, shall, in
addition to the recourse available in the bidding document or the contract, be punished
with fine which may extend to fifty lakh rupees or ten per cent of the assessed value of
procurement, whichever is less.
33) Appeals

a) Subject to section 4 of RTPP Act, 2012, if any bidder or prospective bidder is aggrieved that any
decision, action or omission of the procuring entity is in contravention to the provisions of this Act or
the rules or guidelines issued thereunder, he may file an appeal to such officer of the procuring entity, as
may be designated by it for the purpose, within a period of ten days or such other period as may be
specified in the pre-qualification documents, bidder registration documents or bidding documents, as the
case may be, from the date of such decision or action, omission, as the case may be, clearly giving the
specific ground or grounds on which he feels aggrieved: Provided that after the declaration of a bidder
as successful in terms of section 27of RTPP Act, 2012 , the appeal may be filed only by a bidder who
has participated in procurement proceedings. Provided further that in case a procuring entity evaluates
the technical bid before the opening of the financial bid, an appeal related to the matter of financial bid
may be filed only by a bidder whose technical bid is found to be acceptable.
b) If the officer designated under sub-section (1) fails to dispose of the appeal filed under that sub-section
within the period specified in subsection (3), or if the bidder or prospective bidder or the procuring
entity is aggrieved by the order passed under sub section (2), the bidder or prospective bidder or the
procuring entity, as the case may be, may file a second appeal to an officer or authority designated by
the State Government in this behalf within fifteen days from the expiry of the 31 period specified in
sub-section (3) or of the date of receipt of the order passed under sub-section (2), as the case may be.

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c) Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying the
facts stated in the appeal and proof of payment of fee.
(4) Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the
case may be, in person or through registered post or authorised representative.

First Appeallate Authority Secretary/

Principal Secretary, IT&C, Govt. of Rajasthan

Second Appeallate Authority

Secretary, Finance (Budget) Department, Govt. of Rajasthan.

d) Fee for filing appeal

(i) Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall
be rupees ten thousand, which shall be non-refundable.
(ii) The fee shall be paid in the form of bank demand draft or banker’s cheque of a
Scheduled Bank payable in the name of Appellate Authority concerned.
e) Whoever intentionally files any vexatious, frivolous or malicious appeal or complaint with the intention
of delaying or defeating any procurement or causing loss to any procuring entity or any other bidder,
shall be punished with fine which may extend to twenty lakh rupees or five per cent of the value of
procurement, whichever is less.
34) Bid Prices/Comparison of Rates
a) Bid prices should be FOR / FOB.
b) Bid prices should be inclusive of all other taxes, levies, octroi, insurance etc. but excluding of
GST/CST.
c) The prices under a rate contract shall be subject to price fall clause as per as per Rule 29 (2)(h) of
RTPP Rules 2013. Price fall clause is a price safety mechanism in rate contracts and it provides
that if the rate contract holder quotes / reduces its price to render similar goods, works or services
at a price lower than the rate contract price to anyone in the State at any time during the currency of
the rate contract, the rate contract price shall be automatically reduced with effect from the date of
reducing or quoting lower price, for all delivery of the subject matter of procurement under that
rate contract and the rate contract shall be amended accordingly. The firms holding parallel rate
contracts shall also be given opportunity to reduce their price by notifying them the reduced price
giving them fifteen days’ time to intimate theiracceptance to the revised price. Similarly, if a
parallel rate contract holding firmreduces its price during currency of the rate contract, its reduced
price shall beconveyed to other parallel rate contract holding firms and the original rate contract
holding firm for corresponding reduction in their prices. If any rate contract holding firm does not
agree to the reduced price, further transaction with it, shall not be conducted.

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d) For bids invited for Fixed Quantity as one package the evaluation would be done for all the
items of the package put together. The item(s) for which no rates has/have been quoted or left
blank would be treated as zero i.e. the bidder will supply these item(s) free of cost and the total
amount would be computed accordingly. There is no option with Bidder to submit quote for partial
quantity of any items. Procuring Entity will award contract to the lowest priced responsive bidder
for this whole package together. Discounts of any kind shall not be considered.
e)For bids invited as item-wise, the bid evaluation would be done for each item separately. There is no
option with Bidder to submit quote for particle quantity for any items. If the Bidder does not want
to Bid for a particular item, then it should be left blank or filled Zero. Procuring Entity will award
the contract for each item separately to the lowest priced responsive bidder for that item. Discounts
of any kind shall notbe considered.
35) Risk & Cost Clause

If the bidder, breaches the contract by failing to deliver goods, services, or works according to the terms
of the agreement, the procuring authority may be entitled to terminate the contract and procure the
remaining unfinished goods, services, or works through a fresh contractor or by other means, at the risk
and cost of the CONTRACTOR. In such cases, the defaulting contractor bears the risk associated with
their failure to fulfil their contractual obligations. If the cost of procuring the goods, services, or works
from another source is higher than the original contract, the defaulting contractor is liable for the
additional cost incurred by the procuring authority. The Risk & Cost amount payable by the contractor or
recoveries in lieu of Risk Purchase may be recovered from supplier by encashing/invoking Bank
Guarantee, Security Deposits available with PE against the same or any other contract or may be adjusted
against dues payable to supplier by PE against other purchase orders/contracts/work orders etc. by
any unit/region etc. of PE.

36) Change in Law

Unless otherwise specified in the Contract, if after the date of Bid submission, any law, regulation,
ordinance, order or byl aw having the force of law is enacted, promulgated, abrogated, or changed in
India, where the Site is located (which shall be deemed to include any change in interpretation or
application by the competent authorities) that subsequently affects the Delivery Date and/or the Contract
Price, then such Delivery Date and/or Contract Price shall be correspondingly increased or decreased, to
the extent that the Supplier has thereby been affected in the performance of any of its obligations under
the Contract. Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid
or credited if the same has already been accounted for in the price adjustment provisions.

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37) Stay of procurement proceedings

While hearing of an appeal, the officer or authority hearing the appeal may, on an application made in
this behalf and after affording a reasonable opportunity of hearing to the parties concerned, stay the
procurement proceedings pending disposal of the appeal, if he, or it, is satisfied that failure to do so is
likely to lead to miscarriage of justice.

38) Vexatious Appeals & Complaints

Whoever intentionally files any vexatious, frivolous or malicious appeal or complaint under the “The
Rajasthan Transparency Public Procurement Act 2012”, with the intention of delaying or defeating any
procurement or causing loss to any procuring entity or any other bidder, shall be punished with fine
which may extend to twenty lakh rupees or five per cent of the value of procurement, whichever is
less.
39) Offenses by Firms/ Companies
a) Where an offence under “The Rajasthan Transparency Public Procurement Act 2012” has been
committed by a company, every person who at the time the offence was committed was in charge
of and was responsible to the company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of having committed the offence and shall be liable to
be proceeded against and punished accordingly: Provided that nothing contained in this sub-
section shall render any such person liable for any punishment if he proves that the offence was
committed without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
b) Notwithstanding anything contained in (a) above, where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of or is attributable to any neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of having committed such offence and shall be liable to be proceeded against
and punished accordingly.
c) For the purpose of this section-
a. "company" means a body corporate and includes a limited liability partnership, firm,
registered society or co- operative society, trust or other association of individuals; and
b. "director" in relation to a limited liability partnership or firm, means a partner in the firm.
d) Abetment of certain offenses: Whoever abets an offence punishable under this Act, whether or not
that offence is committed in consequence of that abetment, shall be punished with the punishment
provided for the offence.

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40) Debarment from Bidding

a) A bidder shall be debarred by the State Government if he has been convicted of an offence
a. under the Prevention of Corruption Act, 1988 (Central Act No. 49 of 1988); or
b. under the Indian Penal Code, 1860 (Central Act No. 45 of 1860) or any other law for the
time being in force, for causing any loss of life or property or causing a threat to public
health as part of execution of a public procurement contract.
b) A bidder debarred under (a) above shall not be eligible to participate in a procurement process of
any procuring entity for a period not exceeding three years commencing from the date on which he
was debarred.
c) If a procuring entity finds that a bidder has breached the code of integrity prescribed in terms of
“Code of Integrity for bidders” above, it may debar the bidder for a period not exceeding three
years.
d) Where the entire bid security or the entire performance security or any substitute thereof, as the
case may be, of a bidder has been forfeited by a procuring entity in respect of any procurement
process or procurement contract, the bidder may be debarred from participating in any
procurement process undertaken by the procuring entity for a period not exceeding three years.
e) The State Government or a procuring entity, as the case may be, shall not debar a bidder under this
section unless such bidder has been given a reasonable opportunity of being heard.

41) Monitoring of Contract

a) An officer or a committee of officers named Contract Monitoring Committee (CMC) may be
nominated by procuring entity to monitor the progress of the contract during its delivery period.
b) During the delivery period the CMC shall keep a watch on the progress of the contract and shall
ensure that quantity of goods and service delivery is in proportion to the total delivery period
given, if it is a severable contract, in which the delivery of the goods and service is to be obtained
continuously or is batched. If the entire quantity of goods and service is to be delivered in the form
of completed work or entire contract like fabrication work, the process of completion of work may
be watched and inspections of the selected bidder’s premises where the work is being completed
may be inspected.
c) If delay in delivery of goods and service is observed a performance notice would be given to the
selected bidder to speed up the delivery.
d) Any change in the constitution of the firm, etc. shall be notified forth with by the contractor in
writing to the procuring entity and such change shall not relieve any former member of the firm,
etc., from any liability under the contract.

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e) No new partner/ partners shall be accepted in the firm by the selected bidder in respect of
the contract unless he/ they agree to abide by all its terms, conditions and deposits with the
procuring entity through a written agreement to this effect. The bidder’s receipt for
acknowledgement or that of any partners subsequently accepted as above shall bind all of them
and will be sufficient discharge for any of the purpose of the contract.
f) The selected bidder shall not assign or sub-let his contract or any substantial part thereof to any other
agency without the permission of procuring entity.

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6. GENERALTERMS AND CONDITIONS OF TENDER & CONTRACT

Bidders should read these conditions carefully and comply strictly while sending their bids.

Definitions
For the purpose of clarity, the following words and expressions shall have the meanings hereby assigned to
them: -
a) “Contract” means the Agreement entered into between the Purchaser and the successful/ selected bidder,
together with the Contract Documents referred to therein, including all attachments, appendices, and all
documents incorporated by reference therein.
b) “Contract Documents” means the documents listed in the Agreement, including any amendments thereto.
c) “Contract Price” means the price payable to the successful/ selected bidder as specified in the
Agreement, subject to such additions and adjustments thereto or deductions there from, as may be made
pursuant to the Contract.
d) “Day” means a calendar day.
e) “Delivery” means the transfer of the Goods from the successful/ selected bidder to the Purchaser in
accordance with the terms and conditions set forth in the Contract.
f) “Completion” means the fulfilment of the related services by the successful/ selected bidder in
accordance with the terms and conditions set forth in the Contract.
g) “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials
that the successful/ selected bidder is required to supply to the Purchaser under the Contract.
h) “Purchaser” means the entity purchasing the Goods and related services, as specified in the bidding
document.
i) “Related Services” means the services incidental to the supply of the goods, such as insurance,
installation, training and initial maintenance and other similar obligations of the successful/ selected
bidder under the Contract.
j) “Subcontractor” means any natural person, private or government entity, or a combination of the above,
including its legal successors or permitted assigns, to whom any part of the Goods to be supplied or
execution of any part of the related services is subcontracted by the successful/ selected bidder.
k) “Supplier/ Successful or Selected bidder” means the person, private or government entity, or a
combination of the above, whose Bid to perform the Contract has been accepted by the Purchaser and is
named as such in the Agreement, and includes the legal successors or permitted assigns of the
successful/ selected bidder.
l) “The Site,” where applicable, means the designated project place(s) named in the bidding
document.

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Note: The bidder shall be deemed to have carefully examined the conditions, specifications, size,
make and drawings, etc., of the goods to be supplied and related services to be rendered. If the bidder has any
doubts as to the meaning of any portion of these conditions or of the specification, drawing, etc., he shall,
before submitting the Bid and signing the contract refer the same to the procuring entity and get
clarifications.

1) QUALIFICATIONS / ELIGIBILITY OF BIDDERS

(1) Any bidder participating in the procurement process shall -

(a) Possess the necessary professional, technical, financial and managerial resources and
competence required by the bidding documents, pre-qualification documents or bidder
registration documents, as the case may be.
(b) Not be insolvent, in receivership, bankrupt or being wound up, not have its affairs
administered by a court or a judicial officer, not have its business activities suspended and must
not be the subject of legal proceedings for any of the foregoing reasons.
(c) Not have, and their directors and officers not have been convicted of any criminal offence
related to their professional conduct or the making of false statements or misrepresentations as
to their qualifications to enter into a procurement contract within a period of three years
preceding the commencement of the procurement process, or not have been otherwise
disqualified pursuant to debarment proceedings;
(d) A bidder should not have a conflict of interest in the procurement in question as stated in
rule 81 and the bidding documents. The procuring entity shall take appropriate actions against
the bidder in accordance with section 11 and Chapter IV of the Act, if it determines that a
conflict of interest has flawed the integrity of any procurement process.
(e) The bidder has to be a company/proprietor/LLP or partnership firm/ Society/Corporation/
Board etc. registered for this purpose under any Law/Act of Govt. of India/ Govt. of State.
Supporting documentary evidence (Certificate of incorporation/ Registration, etc.) need to be
enclosed.
(f) A bidder may be a natural person, private entity, government owned entity or, where
permitted in the bidding documents, any combination of them with a formal intent to enter into
an agreement or under an existing agreement in the form of a Joint Venture. In the case of a
Joint Venture: -
(i) all parties to the Joint Venture shall sign the bid and they shall be jointly and severally
liable; and

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(ii) a Joint Venture shall nominate a representative who shall have the authority to
conduct all business for and on behalf of any or all the parties of the Joint Venture during the
bidding process. In the event the bid of Joint Venture is accepted, either they shall form a
registered Joint Venture company/firm or otherwise all the parties to Joint Venture shall sign
the Agreement.
(g) A bidder debarred under section 46 shall not be eligible to participate in any procurement
process undertaken by,- (a) any procuring entity, if debarred by the State Government; and (b)
a procuring entity if debarred by such procuring entity.
(h) In case of procurement of goods, bidder must be a manufacturer, distributor or bona-fide
dealer in the goods and it shall furnish necessary proof for the same . Where applicable, proof
of authorisation by the manufacturer or country distributor in India, shall be enclosed.
(i) Any other eligibility crieteria like Experiance, Turnover, Profitability, Networth etc. may be
incorporated taking in view the requirement of project or procurement subject.

2) Contract Documents
Subject to the order of precedence set forth in the Agreement, all documents forming the Contract (and
all parts thereof) are intended to be correlative, complementary, and mutually explanatory.

3) Interpretation
a) If the context so requires it, singular means plural and vice versa.
b) Entire Agreement: The Contract constitutes the entire agreement between the Purchaser and the
Supplier/ Selected bidder and supersedes all communications, negotiations and agreements (whether
written or oral) of parties with respect thereto made prior to the date of Contract.
c) Amendment: No amendment or other variation of the Contract shall be valid unless it is in writing, is
dated, expressly refers to the Contract, and is signed by a duly authorized representative of each
party thereto.
d) Non-waiver: Subject to the condition (f) below, no relaxation, forbearance, delay, or indulgence by
either party in enforcing any of the terms and conditions of the Contract or the granting of time by
either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract,
neither shall any waiver by either party of any breach of Contract operate as waiver of any
subsequent or continuing breach of Contract.

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e) Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing,
dated, and signed by an authorized representative of the party granting such waiver, and must specify
the right and the extent to which it is being waived.
f) Severability: If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the Contract.

4) Language
a) The Contract as well as all correspondence and documents relating to the Contract exchanged by the
successful/ selected bidder and the Purchaser, shall be written in English language only. Supporting
documents and printed literature that are part of the Contract may be in another language provided
they are accompanied by an accurate translation of the relevant passages in the language specified in
the special conditions of the contract, in which case, for purposes of interpretation of the Contract,
this translation shall govern.
b) The successful/ selected bidder shall bear all costs of translation to the governing language and all
risks of the accuracy of such translation.

5) Joint Venture, Consortium or Association

Not Allowed under this RFP.

6) Eligible Goods and Related Services

Services as mentioned in the scope of work.

7) Notices
a) Any notice given by one party to the other pursuant to the Contract shall be in writing to the address
specified in the contract. The term “in writing” means communicated in written form with proof of
dispatch and receipt.
b) A Notice shall be effective when delivered or on the Notice’s effective date, whichever is later.

8) Governing Law
The Contract shall be governed by and interpreted in accordance with the laws of the Rajasthan State/
the Country (India), unless otherwise specified in the contract.
a) .

9) Supplier’s/ Selected Bidder’s Responsibilities

The Supplier/ Selected Bidder shall supply all the goods and related services included in the scope of
supply in accordance with the provisions of bidding document and/ or contract.

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10) Purchaser’s Responsibilities

a) Whenever the supply of goods and related services requires that the Supplier/ Selected Bidder obtain
permits, approvals, and import and other licenses from local public authorities, the Purchaser shall,
if so required by the Supplier/ Selected Bidder, make its best effort to assist the Supplier/ Selected
Bidder in complying with such requirements in a timely and expeditious manner.
b) The Purchaser shall pay all costs involved in the performance of its responsibilities, in accordance
with the general and special conditions of the contract.
11) Contract Price
a) The Contract Price shall be paid as specified in the contract subject to any additions and adjustments
thereto, or deductions there from, as may be made pursuant to the Contract.
b) Prices charged by the Supplier/ Selected Bidder for the Goods delivered and the Related Services
performed under the Contract shall not vary from the prices quoted by the Supplier/ Selected Bidder
in its bid, with the exception of any price adjustments authorized in the special conditions of the
contract.

12) Recoveries from Supplier/ Selected Bidder

a) The balance, if any, shall be demanded from the Supplier/ Selected Bidder and when recovery is not
possible, the Purchase Officer shall take recourse to law in force.

13) Taxes & Duties

a) The TDS, GST if applicable, shall be deducted at source/ paid by RISL as per prevailing
rates.
b) For goods supplied from outside India, the successful/ selected bidder shall be entirely
responsible for all taxes, stamp duties, license fees, and other such levies imposed outside
the country.
c) For goods supplied from within India, the successful/ selected bidder shall be entirely
responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted
Goods to the Purchaser.
d) If any tax exemptions, reductions, allowances or privileges may be available to the
successful/ selected bidder in India, the Purchaser shall use its best efforts to enable the
successful/ selected bidder to benefit from any such tax savings to the maximum allowable
extent.
14) Copyright
The copyright/ IPR in all drawings, design documents, source code and other materials containing data
and information furnished to the Purchaser that has been developed/customized by the Selected Bidder
for the project herein shall remain vested in the

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Purchaser, or, if they are furnished to the Purchaser directly or through the Supplier/ Selected
Bidder by any third party, including suppliers of materials, the copyright in such materials shall remain
vested in such third party.

15) Confidential Information

a) The Purchaser and the Supplier/ Selected Bidder shall keep confidential and shall not, without the
written consent of the other party hereto, divulge to any third party any drawings, documents, data,
or other information furnished directly or indirectly by the other party hereto in connection with the
Contract, whether such information has been furnished prior to, during or following completion or
termination of the Contract.
b) The Supplier/ Selected Bidder may furnish to its Subcontractor, if permitted, such documents, data,
and other information it receives from the Purchaser to the extent required for the Subcontractor to
perform its work under the Contract, in which event the Supplier/ Selected Bidder shall obtain from
such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier/
Selected Bidder.
c) The Purchaser shall not use such documents, data, and other information received from the Supplier/
Selected Bidder for any purposes unrelated to the Contract. Similarly, the Supplier/ Selected Bidder
shall not use such documents, data, and other information received from the Purchaser for any
purpose other than the design, procurement, or other work and services required for the performance
of the Contract.
d) The obligation of a party under sub-clauses above, however, shall not apply to information that: -
i. the Purchaser or Supplier/ Selected Bidder need to share with RISLor other institutions
participating in the Contract;
ii. now or hereafter enters the public domain through no fault of that party;
iii. can be proven to have been possessed by that party at the time of disclosure and which was not
previously obtained, directly or indirectly, from the other party; or
iv. otherwise lawfully becomes available to that party from a third party that has no obligation of
confidentiality.
e) The above provisions shall not in any way modify any undertaking of confidentiality given by either
of the parties hereto prior to the date of the Contract in respect of the supply or any part thereof.
f) The provisions of this clause shall survive during the course of agreement and after two years of
completion or termination, for whatever reason, of the Contract.

16) Sub-contracting
Sub-contracting is not allowed under this RFP.

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17) Extension in Delivery Period and Liquidated Damages (LD)

a) Except as provided under clause “Force Majeure”, if the supplier/ selected bidder fails to deliver any
or all of the Goods or perform the Related Services within the period specified in the Contract, the
Purchaser may without prejudice to all its other remedies under the Contract, deduct from the
Contract Price, as liquidated damages, a sum equivalent to the percentage specified in (d) below for
each week or part thereof of delay until actual delivery or performance, up to a maximum deduction
of the percentage specified in the bidding document and/ or contract. Once the maximum is reached,
the Purchaser may terminate the Contract pursuant to clause “Termination”.
b) In case of extension in the delivery and/ or installation/ completion/ commissioning period is granted
with full liquidated damages, the recovery shall be made on the basis of following percentages of
value of goods and/ or service which the supplier/ selected bidder has failed to supply/ install/
complete : -

No. Condition LD %*
Delay up to one fourth period of the prescribed period of delivery,
a. 2.5 %
successful installation and completion of work
Delay exceeding one fourth but not exceeding half of the prescribed
b. 5.0 %
period of delivery, successful installation and completion of work
Delay exceeding half but not exceeding three fourth of the prescribed
c. 7.5 %
period of delivery, successful installation and completion of work
Delay exceeding three fourth of the prescribed period of delivery,
d. 10.0 %
successful installation and completion of work

i. Fraction of a day in reckoning period of delay in supplies, successful installation and

completion of work shall be eliminated, if it is less than half a day.
ii. The maximum amount of liquidated damages shall be 10%of the total value of the items to be
supplied in the particular phase.
iii. *The percentage refers to the payment due for the associated works/ goods/ service.

18) Patent Indemnity

a) The supplier/ selected bidder shall, subject to the Purchaser’s compliance with sub-clause
(b) below, indemnify and hold harmless the Purchaser and its employees and officers from and
against any and all suits, actions or administrative proceedings, claims, demands, losses, damages,
costs, and expenses of any nature, including attorney’s fees and expenses, which the Purchaser may
suffer as a result of any infringement or alleged infringement of any patent, utility model, registered
design, trademark, copyright, or other intellectual property right registered or otherwise existing at
the date of the Contract by reason of: -

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i. the installation of the Goods by the supplier/ selected bidder or the use of the Goods in
the country where the Site is located; and
ii. the sale in any country of the products produced by the Goods.
Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose
indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from
the use of the Goods or any part thereof, or any products produced thereby in association or
combination with any other equipment, plant, or materials not supplied by the supplier/ selected
bidder, pursuant to the Contract.
b) If any proceedings are brought or any claim is made against the Purchaser arising out of the matters
referred to above, the Purchaser shall promptly give the supplier/ selected bidder a notice thereof,
and the supplier/ selected bidder may at its own expense and in the Purchaser’s name conduct such
proceedings or claim and any negotiations for the settlement of any such proceedings or claim.
c) If the supplier/ selected bidder fails to notify the Purchaser within thirty (30) days after receipt of
such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free
to conduct the same on its own behalf.
d) The Purchaser shall, at the supplier’s/ selected bidder’s request, afford all available assistance to the
supplier/ selected bidder in conducting such proceedings or claim, and shall be reimbursed by the
supplier/ selected bidder for all reasonable expenses incurred in so doing.
e) The Purchaser shall indemnify and hold harmless the supplier/ selected bidder and its employees,
officers, and Subcontractors (if any) from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including
attorney’s fees and expenses, which the supplier/ selected bidder may suffer as a result of any
infringement or alleged infringement of any patent, utility model, registered design, trademark,
copyright, or other intellectual property right registered or otherwise existing at the date of the
Contract arising out of or in connection with any design, data, drawing, specification, or other
documents or materials provided or designed by or on behalf of the Purchaser.
19) Limitation of Liability
Except in cases of gross negligence or wilful misconduct: -
a) neither party shall be liable to the other party for any indirect or consequential loss or damage, loss
of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not
apply to any obligation of the supplier/ selected bidder to pay liquidated damages to the Purchaser;
and
b) the aggregate liability of the supplier/ selected bidder to the Purchaser, whether under the Contract,
in tort, or otherwise, shall not exceed the amount specified in the Contract, provided that this
limitation shall not apply to the cost of repairing or replacing defective

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equipment, or to any obligation of the supplier/ selected bidder to indemnify the Purchaser
with respect to patent infringement.

20) Force Majeure

a) The Supplier shall not be liable for forfeiture of its Performance Security, liquidated damages, or
termination for default and to the extent that its delay in performance or other failure to perform its
obligations under the Contract if the result is of an event of Force Majeure.
b) For purposes of this Clause―Force Majeur means an event or situation beyond the control of the
Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care
on the part of the Supplier. Such events may include, but not be limited to, acts of the Purchaser in its
sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight
embargoes.
c) If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of
such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the
Supplier 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.

21) Change Orders and Contract Amendments

a) If any such change causes an increase or decrease in the cost of, or the time required for, the
supplier’s/ selected bidder’s performance of any provisions under the Contract, an equitable
adjustment shall be made in the Contract Price or in the Delivery and Completion Schedule, or both,
and the Contract shall accordingly should be amended. Any claims by the supplier/ selected bidder
for adjustment under this clause must be asserted within thirty
(30) days from the date of the supplier’s/ selected bidder’s receipt of the Purchaser’s change order.
b) Prices to be charged by the supplier/ selected bidder for any related services that might be needed but
which were not included in the Contract shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the supplier/ selected bidder for similar
services.
22) Termination
a) Termination for Default

The Procuring Entity, without prejudice to any other remedy under the provisions of the Act, the
Rules or for breach of Contract, by Notice of default giving two weeks’ time to the Supplier, may
terminate the Contract in whole or in part
i. If the supplier/ selected bidder fails to deliver any or all quantities of the service within the time
period specified in the contract, or any extension thereof granted by PE; or
ii. If the supplier/ selected bidder fails to perform any other obligation under the contract within the
specified period of delivery of service or any extension granted thereof; or

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iii. If the supplier/ selected bidder/authorised partner, in the judgement of the Purchaser, is found to
be engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing
the contract.
iv. If the supplier/ selected bidder commits breach of any condition of the contract.

If Procuring Entity terminates the contract in whole or in part, amount of PSD may be forfeited. In the
event the Procuring Entity terminates the Contract in whole or in part, by Termination for Default, the
Procuring Entity may procure, upon such terms and in such manner as it deems appropriate, the
Goods , Services and Works similar to those undelivered or not performed, and the Supplier shall be
liable to the Procuring Entity for any additional costs for such Goods, Works or Related Services and
such additional cost shall be recovered from the dues of the Supplier with the Procuring Entity.
b) Termination for Insolvency
PE may at any time terminate the Contract by giving a written notice of at least 30 days to the
supplier/ selected bidder, if the supplier/ selected bidder becomes bankrupt or otherwise insolvent.
In such event, termination will be without compensation to the supplier/ selected bidder, provided
that such termination will not prejudice or affect any right of action or remedy that has accrued or
will accrue thereafter to PE .
c) Termination for Convenience

i The Contract may terminate, in whole or in part, at any time for its convenience. The Notice of
termination shall specify that termination is for the Purchaser’s convenience, the extent to
which performance of the supplier/ selected bidder under the Contract is terminated and the
date upon which such termination becomes effective.
ii Depending on merits of the case the supplier/ selected bidder may be appropriately
compensated on mutually agreed terms for the loss incurred by the contract if any due to such
termination.
iii The Goods that are complete and ready for shipment within twenty-eight (28) days after the
supplier’s/ selected bidder’s receipt of the Notice of termination shall be accepted by the
Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect:
-
a. To have any portion completed and delivered at the Contract terms and prices; and/or
b. To cancel the remainder and pay to the supplier/ selected bidder an agreed amount for
partially completed Goods and Related Services and for materials and parts previously
procured by the supplier/ selected bidder.
23) Exit Management
a) Preamble
i. The word ‘parties’ include the procuring entity and the selected bidder.
ii. This Schedule sets out the provisions, which will apply on expiry or termination of the Project
Implementation and Operations and Management of SLA.

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iii. In the case of termination of the Project Implementation and/ or Operation and
Management SLA due to illegality, the Parties shall agree at that time whether, and if so
during what period, the provisions of this Schedule shall apply.
iv. The Parties shall ensure that their respective associated entities carry out their respective
obligations set out in this Exit Management Schedule.
v. The Exit Management will start six months before the date of expiry of the contract.
b) Transfer of Assets
i. The selected bidder may continue work on the assets for the duration of the exit management
period which may be additional six months period (without any additional cost to RISL for the
period after contact expiry) from the date of expiry or termination of the agreement, if required
by RISL to do so. During this period, the selected bidder will transfer all the assets in good
working condition and as per the specifications of the bidding document including the ones
being upgraded to the department/ designated agency. The security deposit/ performance
security submitted by selected bidder will only be returned after the successful transfer of the
entire project including its infrastructure.
ii. The selected bidder, if not already done, will transfer all the Software Licenses under the name
of the RISL as desired by the procuring entity during the exit management period.
iii. RISL during the project implementation phase and the operation and management phase shall
be entitled to serve notice in writing to the selected bidder at any time during the exit
management period requiring the selected bidder to provide DoIT&C or its nominated
agencies with a complete and up-to-date list of the assets within 30 days of such notice.
iv. Upon service of a notice, as mentioned above, the following provisions shall apply: -
a. In the event, if the assets which to be transferred to RISL mortgaged to any financial
institutions by the selected bidder, the selected bidder shall ensure that all such liens and
liabilities have been cleared beyond any doubt, prior to such transfer. All documents
regarding the discharge of such lien and liabilities shall be furnished to RISL or its
nominated agencies.
b. All title of the assets is to be transferred to RISL or its nominated agencies on the day of
the successful delivery/ installation/ commissioning, whichever is earlier of the supplied
items. All expenses occurred during transfer of titleship of assets shall be borne by the
selected bidder/authorised partner.
c. That on the expiry of this clause, the selected bidder and any individual assigned for the
performance of the services under this clause shall handover or cause to be handed over
all confidential information and all other related material in its

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possession, including the entire established infrastructure supplied by selected

bidder to RISL.
d. That the products and technology delivered to RISL during the contract term or on expiry
of the contract duration should not be sold or re-used or copied or transferred by selected
bidder to other locations apart from the locations mentioned in the this bidding document
without prior written notice and approval of RISL. Supplied hardware, software &
documents etc., used by selected bidder for RISL shall be the legal properties of RISL.
c) Cooperation and Provision of Information during the exit management period
i. The selected bidder will allow RISL or its nominated agencies access to the information
reasonably required to define the current mode of operation associated with the provision of
the services to enable RISL or its nominated agencies to assess the existing services being
delivered.
ii. The selected bidder shall provide access to copies of all information held or controlled by
them which they have prepared or maintained in accordance with the Project Implementation,
the Operation and Management SLA and SOWs relating to any material aspect of the services
provided by the selected bidder. RISL or its nominated agencies shall be entitled to copy all
such information comprising of details pertaining to the services rendered and other
performance data. The selected bidder shall permit RISL or its nominated agencies and/ or
any replacement operator to have reasonable access to its employees and facilities as
reasonably required by RISL or its nominated agencies to understand the methods of delivery
of the services employed by the selected bidder and to assist appropriate knowledge transfer.
d) Confidential Information, Security and Data
The selected bidder will promptly on the commencement of the exit management period supply to
RISL or its nominated agencies the following:
i. Documentation relating to Intellectual Property Rights;
ii. Project related data and confidential information (like passwords etc);
iii. All current and updated data as is reasonably required for purposes of RISL or its nominated
agencies transitioning the services to its replacement selected bidder in a readily available
format nominated by RISL or its nominated agencies; and
iv. All other information (including but not limited to documents, records and agreements)
relating to the services reasonably necessary to enable RISL or its nominated agencies, or its
replacement operator to carry out due diligence in order to transition the provision of the
services to RISL or its nominated agencies, or its replacement operator (as the case may be).
v. Before the expiry of the exit management period, the selected bidder shall deliver to RISL or
its nominated agencies/designated team all new or up-dated materials from

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the categories set out above and shall not retain any copies thereof, except that the
selected bidder shall be permitted to retain one copy of such materials for archival purposes only.

e) Transfer of certain agreements

i. On request by Procuring entity or its nominated agencies, the selected bidder shall effect such
assignments, transfers, innovations, licenses and sub-licenses as Procuring entity or its
nominated agencies may require in favour of procuring entity or its nominated agencies, or its
replacement operator in relation to any equipment lease, maintenance or service provision
agreement between selected bidder and third party leasers, operators, or operator, and which
are related to the services and reasonably necessary for carrying out of the replacement
services by RISL or its nominated agencies, or its replacement operator.
ii. Right of Access to Premises: At any time during the exit management period and for such
period of time following termination or expiry of the SLA, where assets are located at the
selected bidder’s premises, the selected bidder will be obliged to give reasonable rights of
access to (or, in the case of assets located on a third party's premises, procure reasonable rights
of access to RISL or its nominated agencies, and/ or any replacement operator in order to
inventory the assets.
f) General Obligations of the selected bidder
i. The selected bidder shall provide all such information as may reasonably be necessary to
effect as seamless during handover as practicable in the circumstances to RISL or its
nominated agencies or its replacement operator and which the operator has in its possession or
control at any time during the exit management period.
ii. The selected bidder shall commit adequate resources to comply with its obligations under this
Exit Management Clause.

24) Settlement of Disputes

General: If any dispute arises between the supplier/ selected bidder and RISL during the
execution of a contract that should be amicably settled by mutual discussions. However, if the
dispute is not settled by mutual discussions, a written representation will be obtained from the
supplier/ selected bidder on the points of dispute. The representation so received shall be
examined by the concerned Procurement Committee which sanctioned the tender. The
Procurement Committee may take legal advice of a counsel and then examine the
representation. The supplier/ selected bidder will also be given an opportunity of being heard.
The Committee will take a decision on the representation and convey it in writing to the
supplier/ selected bidder.

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25) Verification of Eligibility Documents by RISL:

RISL reserves the right to verify all the statements, information and documents submitted by the
bidder in response to tender document. The bidder shall, when so required by the RISL, make
available all such information, evidence and documents as may be necessary for such verification.
Any such verification or lack of verification by RISL shall not relieve the bidder of its obligations
and liabilities hereunder nor will it affect any rights of RISL thereunder. If any statement,
information and document submitted by the bidder are found to be false, manipulated or forged
during verification process, strict action shall be taken as per RTPP Act 2012.

26) Jurisdiction
The jurisdiction in respect of all claims and matters arising under the contract shall be the courts
situated in Jaipur, Rajasthan.

27) Provision in Conflict

If a clause or a provision or a term or a condition is in conflict with RTPP Act, 2012 and RTPP Rules,
2013, in this situation, provisions and rules of RTPP Act, 2012 and RTPP Rules, 2013 shall prevail.

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7. SPECIAL TERMS AND CONDITIONS OF TENDER & CONTRACT

1) Payment Terms and Schedule
Please refer section 4.1.3 Project Deliverables, Milestones, Time Schedule& Payment.

2) Other Important Terms & Conditions

a) All resources deployed by the selected bidder shall compulsorily mark their entry and exit on day to
day basis as per the directions/policy of RISL adhering to the working time followed in RISL.
b) The resources shall be allowed to avail 12 leaves per year from the date of deployment of the
resource on prorate basis accrued every quarter. Deployed resource shall ensure prior approval of
leave from the concerned Office-In-Charge.

3) Quality of Services
a) In case negative feedback is received repeatedly verbally or in writing against any of the resources
deployed, the purchaser may issue written notice to the selected bidder for a suitable replacement.
b) In case of failure to meet the standards of the purchaser, (which includes efficiency, cooperation,
discipline and performance), the Purchaser on their own discretion may decide to replace the specific
resource and issue written notice to the selected bidder for a suitable replacement.
c) The selected agency shall be responsible to replace the resource(s) (of equivalent qualifications or
above) within 30 days, unless otherwise applicable LD will be imposed as per RFP.
d) The outgoing resource would complete the knowledge transfer with the replaced resource as per the
satisfaction of the purchaser (RISL)

4) Resource Replacement
a) The replacement of a resource by the selected bidder after deployment shall generally not be
allowed. However, replacement will be allowed (without penalty) only in case, the resource leaves
the organization by submitting resignation with the present employer / due to poor health condition
(supported by certificate issued by a Government Doctor) / in case of Death / in special cases based
on the approval received from the competent authority.

5) Penalty
Penalty would be deducted from the applicable payments. All applicable penalties will be in addition
to liquidated damages. Fraction of a day in reckoning period in supplies shall be eliminated if it is
less than half a day.
5.1 Penalty for Replacement / Exit of a Resource

a) The penalty per resource shall be imposed in case of exit/ replacement of resource from the project,
within below mentioned period starting from the date of deployment of respective resource:
o Within Three (3) Months - Rs. 50,000 (Rupees Fifty Thousand only) per resource

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o After Three (3) Months till contract period Rs.25,000 (Rupees Twenty-Five Thousand only) per
resource

5.2 Penalty for Absence/ Non-Deployment

o In case of absence of resources from the project site [beyond Government Holidays and allowed leaves
(calculated quarterly) of 12 days per calendar year effective from the date of deployment],
proportionate penalty @2% of man-month rate of absent resource(s) per day shall be deducted for
each additional leave taken from the eligible payment. Penalty at the same rate shall be applicable for
the non-deployment of resources within the stipulated time, for the duration the resource is not
deployed.

Note: Maximum Penalty applicable to the bidder shall not exceeds 10% of the Work Order value, if
in case maximum penalty exceeds 10% of the work order value than it would be considered as
non-conformance to the Quality of Services and may lead to termination of the Contract and RISL
may on their sole discretion cancel the order.

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ANNEXURE-1: BILL OF MATERIAL (BoM)

S. No. Description Qty

1. Senior Developer (SAS) 1

2. Developer (SAS) 2

3. System Administrator (SAS) 1

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ANNEXURE- 2: BIDDER’S AUTHORIZATION CERTIFICATE{to be filled by the bidder}

To,
{Procuring entity},
,
,

I/ We {Name/ Designation} hereby declare/ certify that {Name/ Designation} is hereby authorized to sign
relevant documents on behalf of the company/ firm in dealing with NIB reference No.
dated . He/ She is also authorized to attend meetings & submit
technical & commercial information/ clarifications as may be required by you in the course of processing
the Bid. For the purpose of validation, his/ her verified signatures are as under.

Thanking you,

Name of the Bidder: - Verified Signature:

Authorised Signatory: -
Seal of the Organization: -
Date:
Place:

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ANNEXURE- 3: SELF-DECLARATION {to be filled by the bidder}

To,
{Procuring entity},
,

In response to the NIB Ref. No. dated for

{Project Title}, as an Owner/ Partner/ Director/ Auth. Sign. of
, I/ We hereby declare that presently our Company/ firm
, at the time of bidding,: -
a) possess the necessary professional, technical, financial and managerial resources and competence
required by the Bidding Document issued by the Procuring Entity;
b) have fulfilled my/ our obligation to pay such of the taxes payable to the Union and the State
Government or any local authority as specified in the Bidding Document;
c) is having unblemished record and is not declared ineligible for corrupt & fraudulent practices
either indefinitely or for a particular period of time by any State/ Central government/ PSU/ UT.
d) does not have any previous transgressions with any entity in India or any other country during the
last three years
e) does not have any debarment by any other procuring entity
f) is not insolvent in receivership, bankrupt or being wound up, not have its affairs administered by a
court or a judicial officer, not have its business activities suspended and is not the subject of legal
proceedings for any of the foregoing reasons;
g) does not have, and our directors and officers not have been convicted of any criminal offence
related to their professional conduct or the making of false statements or misrepresentations as to
their qualifications to enter into a procurement contract within a period of three years preceding the
commencement of the procurement process, or not have been otherwise disqualified pursuant to
debarment proceedings;
h) does not have a conflict of interest as mentioned in the bidding document which materially affects
the fair competition.
i) Will comply with the code of integrity as specified in the bidding document.

If this declaration is found to be incorrect then without prejudice to any other action that may be taken as per
the provisions of the applicable Act and Rules thereto prescribed by GoR, my/ our security may be forfeited
in full and our bid, to the extent accepted, may be cancelled.

Date: Signature of bidder:

Place: Name:
Designation:
Address:

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ANNEXURE-4: FORMAT FOR SUBMISSION OF PROJECT REFERENCES FOR PRE-

QUALIFICATION EXPERIENCE

Project Name: Value of Contract/Work Order (In INR):

Country: Project Duration:

Location within country:

Name of Customer: Total No. of months of the assignment:

Contact person with address, phone, fax and Approx. value of the services provided by your
e-mail: company under the contract (in INR):

Start date (month/year):

Installation/Commissioning date (month/year):

Name of associated Bidders, if any:

Narrative description of Project:

List of Services provided by your firm/company

Please attach a copy of the work order/ installation certificate/ commissioning certificate/completion certificate/ letter from

the customer for each project reference

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ANNEXURE-5: FINANCIAL BID COVER LETTER & FORMAT

COVER LETTER { to be submitted by the bidder on his Letter head}

To,
{Procuring Entity},
,

Reference: NIB No. : Dated:

Dear Sir,

We, the undersigned bidder, Having read & examined in detail, the Bidding Document, the receipt of which
is hereby duly acknowledged, I/ we, the undersigned, offer to supply/ work as mentioned in the Scope of the
work, Bill of Material, Technical specifications, Service Level Standards & in conformity with the said
bidding document for the same.
I / We undertake that the prices are in conformity with the specifications prescribed. The quote/ price are
inclusive of all cost likely to be incurred for executing this work. The prices are inclusive of all type of govt.
taxes/duties.
I / We undertake, if our bid is accepted, to deliver the goods in accordance with the delivery schedule
specified in the schedule of Requirements.
I/ We hereby declare that in case the contract is awarded to us, we shall submit the contract performance
guarantee as prescribed in the bidding document.
I / We agree to abide by this bid for a period of days after the last date fixed for bid submission and
it shall remain binding upon us and may be accepted at any time before the expiry of that period.
Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and
your notification of award shall constitute a binding Contract between us.
I/ We hereby declare that our bid is made in good faith, without collusion or fraud and the information
contained in the bid is true and correct to the best of our knowledge and belief.
We understand that you are not bound to accept the lowest or any bid you may receive.
We agree to all the terms & conditions as mentioned in the bidding document and submit that we have not
submitted any deviations in this regard.

Date:
Authorized Signatory Name:
Designation:

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Financial Bid Format

Total Total
Unit Amount Applicable Amount
Sl.
Item Description Qty Unit Duration Price excluding GST inclusive
No.
(In Rs.) GST (In Rs.) of GST
(In Rs.) (In Rs.)

1 2 3 4 5 6 7=3*5*6 8 9= 7 + 8

Senior Developer
1. 1 Manmonth 24
(SAS)

2. Developer (SAS) 2 Manmonth 24

System Administrator
3. 1 Manmonth 24
(SAS)

***Total in Figures

***Total in Words

Note: The work order for above items (with same or different quantity) may be issued individually within the contract
period.

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ANNEXURE-6:BANK GUARANTEE FORMAT{to be submitted by the bidder’s bank}

BANK GUARANTEE FORMAT – PERFORMANCE SECURITY (PBG)

(To be stamped in accordance with Stamp Act and on a Stamp Paper purchased from Rajasthan State only
and to be issued by a Nationalised/ Scheduled bank having its branch at Jaipur and payable at par at Jaipur,
Rajasthan)

To,
The Managing Director,
RajCOMP Info Services Limited (RISL),
First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-Scheme, Jaipur-302005 (Raj).

1. In consideration of the RajCOMP Info Services Limited (hereinafter called "RISL") having agreed
to exempt M/s ..........................(hereinafter called "the said Contractor(s)" from the
demand, under the terms and conditions of an Agreement No.................................................dated
.....................made between the RISL through …………………… and
.......................(Contractor) for the work..........................(hereinafter called "the said Agreement") of
Security Deposit for the due fulfilment by the said Contractor (s) of the terms and conditions contained
in the said Agreement, on production of a Bank Guarantee for Rs...................(rupees
........................................only), we.....................................................................(indicate the name of the
Bank), (hereinafter referred to as "the Bank") at the request of ..................Contractor(s) do hereby
undertake to pay to the RISL an amount not exceeding Rs...................(Rupees. only) on
demand.
2. We................. (Indicate the name of Bank), do hereby undertake to pay Rs....................
(Rupees............................only), the amounts due and payable under this guarantee without any demur or
delay, merely on a demand from the RISL. Any such demand made on the bank by the RISL shall be
conclusive as regards the amount due and payable by the Bank under this guarantee. The Bank
Guarantee shall be completely at the disposal of the RISL and We....................... (Indicate the name of
Bank), bound ourselves with all directions given by RISL regarding this Bank Guarantee. However, our
liability under this guarantee shall be restricted to an amount not exceeding Rs...................... (Rupees
.......................................................................................................................................only).
3. We.......................(indicate the name of Bank), undertake to pay to the RISL any money so demanded
notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending
before any Court or Tribunal or Arbitrator etc. relating thereto, our liability under these presents being
absolute, unequivocal and unconditional.
4. We.....................(indicate the name of Bank) further agree that the performance guarantee herein
contained shall remain in full force and effective up to <DATE> and that it shall continue to be
enforceable for above specified period till all the dues of RISL under or by virtue of the said Agreement
have been fully paid and its claims satisfied or discharged or till the RISL certifies that the terms and
conditions of the said Agreement have been fully and properly carried out by the said Contractor(s) and
accordingly discharges this guarantee.
5. We ...........................(indicate the name of Bank) further agree with the RISL that the RISL shall have
the fullest liberty without our consent and without affecting in any manner our obligations hereunder to
vary any of the terms and conditions of the said Agreement or to extend time of performance by the said
Contractor(s) from time to time or to postpone for any time or from time to time any of the powers
exercisable by the RISL against the said Contractor(s) and to forbear or enforce any of the terms and
conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any
such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or
omission on

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the part of the RISL or any indulgence by the RISL to the said Contractor(s) or by any such matter or
thing whatsoever which would but for this provision, have effect of so relieving us.
6. The liability of us....................................(indicate the name of Bank), under this guarantee will not
be discharged due to the change in the constitution of the Bank or the contractor(s).
7. We .............................. (indicate the name of Bank), lastly undertake not to revoke this guarantee except
with the previous consent of the RISL in writing.
8. This performance Guarantee shall remain valid and in full effect, until it is decided to be discharged by
the RISL. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to
Rs........................... (Rupees....................................................................................only).
9. It shall not be necessary for the RISL to proceed against the contractor before proceeding against the
Bank and the guarantee herein contained shall be enforceable against the Bank notwithstanding any
security which the RISL may have obtained or obtain from the contractor.
10. We....................................(indicate the name of Bank) verify that we have a branch at Jaipur. We
undertake that this Bank Guarantee shall be payable at any of its branch at Jaipur. If the last day of
expiry of Bank Guarantee happens to be a holiday of the Bank, the Bank Guarantee shall expire on the
close of the next working day.
11. We hereby confirm that we have the power(s) to issue this guarantee in your favor under the
memorandum and articles of Association/constitution of our bank and the undersigned is/are the
recipient of authority by express delegation of power(s) and has/have full power(s) to execute this
guarantee for the power of attorney issued by the bank.

Dated..........................day of...........................For and on behalf of the <Bank> (indicate the Bank)

Signature

(Name & Designation)

Bank's Seal

The above performance Guarantee is accepted by the RISL

For and on behalf of the RISL

Signature

(Name & Designation)

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GUIDELINES FOR SUBMISSION OF BANK GUARANTEE

The Bank Guarantee shall fulfil the following conditions in the absence of which they cannot be considered
valid: -
1. Bank Guarantee shall be executed on non- judicial stamp paper of applicable value purchased in the
name of the bank.
2. Two persons should sign as witnesses mentioning their full name, designation, address and office seal
(if any).
3. The Executor (Bank Authorities) may mention the power of attorney No. and date of execution in his/
her favour authorizing him/ her to sign the document. The Power of Attorney to be witnessed by two
persons mentioning their full name and address.
4. The Bank Guarantee should be executed by a Nationalised Bank/ Scheduled Commercial Bank only.
5. Non – Judicial stamp paper shall be used within 6 months from the date of Purchase of the same. Bank
Guarantee executed on the non-judicial stamp paper after 6 (six) months of the purchase of such stamp
paper shall be treated as non-valid.
6. The contents of Bank Guarantee shall be strictly as per format prescribed by RISL
7. Each page of Bank Guarantee shall bear signature and seal of the Bank and B.G. number.
8. All corrections, deletions etc. in the Bank Guarantee should be authenticated by signature of Bank
Officials signing the Bank Guarantee.
9. Bank should separately send through registered post/courier a certified copy of Bank Guarantee,
mentioning Bid reference, Bid title and bidder name, directly to the Purchaser at the following address:

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ANNEXURE-7: DRAFT AGREEMENT FORMAT {to be mutually signed by selected bidder and
procuring entity}

This Contract is made and entered into on this day of , 2024 by and between
RajCOMP Info Services Limited (RISL), having its head office at First Floor, Yojana Bhawan, Tilak Marg,
C-Scheme, Jaipur-302005, Rajasthan (herein after referred to as Purchaser/ RISL) which term or
expression, unless excluded by or repugnant to the subject or context, shall include his successors in office
and assignees on ONE PART
And
M/s , a company registered under the Indian Companies Act, 1956 with its
registered office at (herein after referred as the “Successful Bidder/
Supplier”) which term or expression, unless excluded by or repugnant to the subject or context, shall
include his successors in office and assignees on the OTHER PART.
Whereas,
Purchaser is desirous of appointing an agency for <project title>as per the Scope of Work and Terms
and Conditions as set forth in the RFP document dated of <NIB No
>.
And whereas
M/s represents that it has the necessary experience for carrying out the overall
work as referred to herein and has submitted a bid and subsequent clarifications for providing the required
services against said NIB and RFP document issued in this regard, in accordance with the terms and
conditions set forth herein and any other reasonable requirements of the Purchaser from time to time.
And whereas
Purchaser has accepted the bid of supplier and has placed the Work Order vide Letter No.
dated , on which supplier has given their acceptance vide their Letter
No. dated .
And whereas
The supplier has deposited a sum of Rs. /- (Rupees ) in the form of
ref no. dated of
Bank and valid up to as security deposit for the due performance of
the contract.
Now it is hereby agreed to by and between both the parties as under: -
1. The NIB Ref. No. dated and RFP document
dated issued by RISL along with its enclosures/ annexures, wherever applicable, are
deemed to be taken as part of this contract and are binding on both the parties executing this contract.
2. In consideration of the payment to be made by RISL to supplier at the rates set forth in the work order
no. dated will duly supply services as per the
scope of work the said articles set forth in “SECTION 4” thereof and provide related services in the
manner set forth in the RFP, along with its enclosures/ annexures and Technical Bid along with
subsequent clarifications submitted by supplier.

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3. The RISL do hereby agree that if supplier shall duly supply the said items/articles and provide related
services in the manner aforesaid observe and keep the said terms and conditions of the RFP and
Contract, the RISL will pay or cause to be paid to supplier, at the time and the manner set forth in the
said conditions of the RFP, the amount payable for each and every project milestone & deliverable. The
mode of Payment will be as specified in the RFP document.
4. The timelines for the prescribed Scope of Work and requirement of services shall be effected from the
date of work order i.e. and completed by supplier within the period as
specified in the RFP document.
5. This agreement is being executed on behalf of M/s DOIT&C, to procure defined goods & services,
RISL is acting merely as a pure agent who neither intends to hold or holds any title to the Goods &
services being procured or provided. So, all the goods & services are required to be delivered in the
name of M/s DOIT&C. Along with invoices of supplied items, although payment will be made by RISL
on behalf of said department/company.
6. In case of extension in the delivery and installation/completion/deployment period is granted with full
liquidated damages, the recovery shall be made on the basis of following percentages of value of
items/goods and/ or service which the supplier/ selected bidder has failed to supply/ install/ complete
a) Delay up to one fourth period of the prescribed delivery period, successful 2.5%
installation/completion/Deployment of work/resources
b) Delay exceeding one fourth but not exceeding half of the prescribed 5.0%
delivery period, successful installation/completion/Deployment of
work/resources.
c) Delay exceeding half but not exceeding three fourth of the prescribed delivery 7.5%
period, successful installation/completion/Deployment of
work/resources.
d) Delay exceeding three fourth of the prescribed delivery period, successful 10.0%
installation/completion/Deployment of work/resources.
Note:
i. Fraction of a day in reckoning period of delay in supplies/ maintenance services shall be
eliminated if it is less than half a day.
ii. The maximum amount of liquidated damages shall be 10% of the total value of the items to be
supplied in the particular phase.
iii. If supplier requires an extension of time in completion of contractual supply on account of
occurrence of any hindrances, he shall apply in writing to the authority which had placed the work
order, for the same immediately on occurrence of the hindrance but not after the stipulated date of
completion of supply.
iv. Delivery period may be extended with or without liquidated damages if the delay in the supply of
goods in on account of hindrances beyond the control of supplier.
7. All disputes arising out of this agreement and all questions relating to the interpretation of this
agreement shall be decided as per the procedure mentioned in the RFP document.
8. “This agreement is being executed on behalf of M/s Department of Information Technology and
Communication, Rajasthan, Jaipur, to procure defined goods and services, RISL is acting merely as a
Pure Agent who neither intends to hold or holds any title to the goods and services being procured or
provided. So all the goods and services are required to be delivered in the name of M/s Directorate of
Treasuries & Accounts along with invoices of supplied items, although payment will be made by RISL
on behalf of said department/company.”

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In witness whereof the parties have caused this contract to be executed by their Authorized
Signatories on this day of , 2024.

Signed By: Signed By:

()
Designation:, Company: Designation:
RajCOMP Info Services Ltd. (RISL)

In the presence of: In the presence of:

( ) ()
Designation: Company: Designation:
Department of IT&C, Govt. of Rajasthan

( ) ()
Designation: Company: Designation:
Department of IT&C, Govt. of Rajasthan

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ANNEXURE-8: MEMORANDUM OF APPEAL UNDER THE RTPP ACT, 2012

Appeal No ………of ……………

Before the............................................(First/ Second Appellate Authority)

1. Particulars of appellant:
a. Name of the appellant:<please specify>
b. Official address, if any: <please specify>
c. Residential address:<please specify>

2. Name and address of the respondent(s):

a. <please specify>
b. <please specify>
c. <please specify>

3. Number and date of the order appealed against and name and designation of the officer/ authority who
passed the order (enclose copy), or a statement of a decision, action or omission of the procuring entity
in contravention to the provisions of the Act by which the appellant is aggrieved:<please specify>

4. If the Appellant proposes to be represented by a representative, the name and postal address of the
representative:<please specify>

5. Number of affidavits and documents enclosed with the appeal:<please specify>

6. Grounds of appeal (supported by an affidavit): <please specify>

7. Prayer:<please specify>

Place …………………………………….

Date ……………………………………

Appellant's Signature

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ANNEXURE-9: INDICATIVE CONFIDENTIALITY AND NON DISCLOSURE AGREEMENT

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

This confidentiality and non-disclosure agreement (“Agreement”) is made on this..............................day of,

2024.

BETWEEN

The Managing Director, RajCOMP Info Services Limited, First Floor, C-Block, Yojana Bhawan Campus,
Tilak Marg, C-Scheme, Jaipur-302005 (Raj). (here in after referred to as “RISL”, which expression shall,
unless repugnant to the context here of or excluded specifically, mean and include its successors, assigns
and administrators) of the FIRST PART,

AND

Company Name, India (hereinafter referred to as ‘Successful Bidder/ Supplier’, which expression shall,
unless repugnant to the context hereof or excluded specifically, mean and include its successors, assigns
and administrators) of the SECOND PART.

WHEREAS

a. The RISL wishes to appoint an agency for a period of years. For the purpose there will
be a requirement to exchange certain information related to projects or hosted in
Rajasthan State Data Centre (RSDC) which is proprietary and confidential information.

b. The RISL is willing to disclose such information to successful bidder only on the terms
and conditions contained in this Agreement. The successful bidder agrees to hold the
Covered Data and Information in strict confidence. Successful bidder shall not use or
disclose Covered Data and Information received from or on behalf of Government of
Rajasthan/ RISL except as permitted or required by the Agreement, or as otherwise
authorized in writing by RISL.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Definition: In this agreement unless the contest otherwise requires:

1.1. "Confidential Information" shall mean

a) any and all information concerning RISL/DoIT&C/Rajasthan State Data Centre
(RSDC) or any other successor,
b) any and all trade secrets or other confidential or proprietary information related
to projects and hosted in State Data Centre(SDC)
c) Passwords of IT/NonIT equipment’s of RISL/DoIT&C/SDC, user identifications,
or other information that may be used to access information systems, networking
diagrams, technical specifications of IT/NonIT equipment’s, policies of
firewall/IDs/IPS/routers/switches and information hosted on IT equipment in
Rajasthan State Data Centre(RSDC).

1.2. Proprietary Information shall mean as technical data and other information (including
but not limited to digital data, products, substances, organisms, technology, research
results or plans, system processes, workflows, know- how, reports, descriptions,
drawings, design, compositions, strategies, trade

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secrets, business and financial information, and computer software) in whatever form,
which is related to RISL/DoIT&C or hosted with Rajasthan State Data Centre
(RSDC)/and is disclosed or delivered by the First Party to the Second Party, whether
by means of written or oral disclosure or otherwise.

2. Limitations on Use and Disclosure of Confidential and Proprietary Information

2.1. Confidential and Proprietary Information disclosed by the RISL/DOIT&C and/or

other departments/PSU whose data are hosted in Rajasthan State Data Centre (RSDC)
shall be used by the successful bidder solely for the purpose of fulfilment of the
obligation and work assigned to it as per order no. and shall not otherwise be used for
his benefit or otherwise. All information encountered in the performance of duties
shall be treated as confidential unless and until advised otherwise by RISL/DOIT&C
or its representative. Successful bidder shall not share, record, transmit, alter, or delete
information residing/hosted in the information systems except as required in
performance of the job duties.

2.2. Confidential and Proprietary Information shall not be copied or reproduced by the
successful BIDDER without the express written permission of the RISL/DOIT&C,
except for such copies as may be reasonably required for accomplishment of the
purpose stated in the tender no. .

2.3. Confidential and Proprietary Information shall be disclosed only to the Director or
employees of the successful bidder who have a 'need to know' in connection with the
purpose stated above, and who additionally agree to the nondisclosure requirements of
this Agreement. Any further disclosure of confidential and Proprietary Information by
the successful bidder shall be treated as a breach of this Agreement by the successful
bidder.

2.4. Confidential and Proprietary Information shall not be disclosed by the successful
bidder to any third party without the prior written consent of the First Party.

2.5. This Agreement shall not restrict disclosure or use of Confidential and Proprietary
Information which:
a. was in the public domain at the time of disclosure or thereafter enters the public
domain through no breach of this Agreement by the successful bidder; or
b. was, at the time of receipt, otherwise known to the successful bidder without
restriction as to use or disclosure; or
c. becomes known to the successful bidder from a source other than the
RISL/DOIT&C and/or other departments/PSU without a breach of this
Agreement by the successful bidder; or
d. is developed independently by the successful bidder without the use of
Proprietary Information disclosed to it hereunder; or
e. is otherwise required to be disclosed bylaw.

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3. Business Obligation:

3.1. During the complete contract period and even after the expiry of the agreement, the
successful bidder shall not

a. Disclose Confidential Information in any manner or form to any person other

than its own employees for the limited purpose stated herein, or

b. Use Confidential Information for its own benefit or for the benefit of any person
or entity other than the RISL/DOIT&C, without the prior written consent of the
RISL/DOIT&C.

3.2. Whereas, the RISL/DOIT&C under the circumstances referred, herein before, wants
to protect itself from any misuse of the confidential and proprietary information by
the third party i.e. person or persons (employees of successful bidder), had entered
into an agreement with the successful BIDDER that the second party shall not divulge
such information either during the course of the life of this agreement or even after
the expiry of the agreement.

3.3. Whereas, the successful bidder has agreed to fully abide by the terms of this non-
disclosure agreement and it has also been agreed by the parties that if there will be
any breach or violation of the terms of agreement vis-à-vis non- disclosure clause, the
successful bidder shall not only be liable for consequential costs and damages but in
addition to that will also be liable for criminal prosecution in
accordance with the prevailing laws.

3.4. whereas, the successful bidder having in his possession or control any secret official
code or password or digital data or any sketch, plan, model, article, note, document or
information which fall s within the purview of confidential or proprietary information,
the successful bidder shall not part with any part of such information to anyone under
any circumstances, whatsoever, without the prior approval of the RISL/DOIT&C and
if this is violated, the RISL/DOIT&C shall have the legal right to initiate civil and
criminal proceeding against it under the provisions of the relevant law.

3.5. Whereas, the RISL/DOIT&C shall have the entire control over the functioning of the
Successful bidder and the successful bidder shall work according to the instruction of
the RISL/DOIT&C and in case if this is violated by the successful bidder in any mode
or manner, the RISL/DOIT&C shall have the legal right to initiate civil and criminal
proceeding against it under the provisions of the relevant law.

3.6. Whereas, if the successful bidder permits any person or persons without permission of
the RISL/DOIT&C to have–

a. Access or secures access to such computer, computer system or computer network

which has the connectivity with the confidential and proprietary information or;
b. Downloads, copies or extracts any data, computer data base or information from
such Database Server, Web Server, Computer System, networking

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equipments or Computer Network including information or data held or stored in

any removable storage medium which has the connectivity with the confidential
and proprietary information nor;
c. Damages any Database Server or causes to damage any Database Server, Web
Server, computer system, computer network, data, data base or any other
programmes residing in such Server, computer system or computer network;
d. Denies or causes the denial of access to any authorized person of the
RISL/DOIT&C to have access to any computer system or computer network by
any means;

Shall be liable to pay damages by way of compensation and would also be liable for
criminal prosecution in accordance with the prevailing laws.
3.7. Successful bidder shall report to RISL/DOIT&C any use or disclosure of confidential
and/or proprietary information/data not authorized by this Agreement in writing by
RISL/DOIT&C. Successful bidder shall make the report to RISL/DOIT&C within not
less than one (1) business day after successful bidder learns of such use or disclosure.
Successful bidder’s report shall identify:

a) The nature of the unauthorized use or disclosure,

b) The confidential and/or proprietary information/data used or disclosed,
c) Who made the unauthorized use or received the unauthorized disclosure,
d) What successful bidder has done or shall do to mitigate any deleterious effect
of the unauthorized use or disclosure, and
e) What corrective action successful bidder has taken or shall take to prevent future
similar unauthorized use or disclosure.

SUCCESSFUL BIDDER shall provide such other information, including a written report,
as reasonably requested by RISL/DOIT&C.

3.8. The successful bidder hereby agrees and consents that temporary or permanent in
junctive relief and /or an order of specific performance may be granted in lieu of, or in
addition to other available relief in any proceeding brought by RISL/DOIT&C to
enforce this Agreement, without the necessity of proof of actual damages and without
posting bond for such relief.

4. Dispute Resolution:
4.1. Whereas, both the parties have agreed that in the event of any dispute or differences
arising in between the parties, the courts at Jaipur shall only have jurisdiction to
adjudicate the disputes/differences.

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IN WITNESS WHERE OF the Parties here to have hereunto set their hands and seal the day
and year first above written.

Signed By: Signed By:

Designation: Company: (Authorized Signatory)

RajComp Info Services Ltd
In the presence of: In the presence of:

Designation: Company: Designation: DoIT&C

Designation: Company: Designation: DoIT&C

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ANNEXURE-10: UNDERTAKING OF SUCCESSFUL HANDOVER/TAKEN OVER DURING EXIT

MANAGEMENT
To,
{Procuring entity},
,
,

I/ We {Name/ Designation} hereby declare/ undertake that we have handed over all the necessary
deliverables as per the exit management plan (RFP clause 22 of chapter 6) in the right earnest and to the
best of our abilities.
We also undertake that, if any gaps/misses are observed within next 1 year of contract expiry related to this
handover, the same would be provided by us immediately without any financial cost to RISL.

Thanking you,

Name of the Bidder: -

Authorised Signatory: - Seal
of the Organization: - Date:

Place:

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 RFP for Hiring of Technical Experts Services for SAS Analytics Stack

Annexure- 11: BANK GUARANTEE FORMAT – BID SECURITY {to be submitted by the bidder’s bank}

(To be stamped in accordance with Stamp Act and to be issued by a Nationalised/ Scheduled bank having
its branch at Jaipur and payable at par at Jaipur, Rajasthan)

To,
The Managing Director,
RajCOMP Info Services Limited (RISL),
First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-Scheme, Jaipur-302005 (Raj). Sir,

1. In accordance with your Notice Inviting Bid for <please specify the project title> vide NIB reference
no. <please specify>M/s. …………………………….. (Name & full address of the firm) (Hereinafter
called the “Bidder”) hereby submits the Bank Guarantee to participate in the said procurement/ bidding
process as mentioned in the bidding document.

It is a condition in the bidding documents that the Bidder has to deposit Bid Security amounting to
<Rs. (Rupees <in words>)> in respect to the NIB Ref. No.
dated issued by RISL, First Floor, Yojana Bhawan, C-Block, Tilak
Marg, C-Scheme, Jaipur, Rajasthan (hereinafter referred to as “RISL”) by a Bank Guarantee from a
Nationalised Bank/ Scheduled Commercial Bank having its branch at Jaipur irrevocable and operative
till the bid validity date(i.e. <please specify> days from the date of submission of bid). It may be
extended if required in concurrence with the bid validity.

And whereas the Bidder desires to furnish a Bank Guarantee for a sum of <Rs. (Rupees
<in words>)> to the RISL as earnest money deposit.

2. Now, therefore, we the...............................................................(Bank), a body corporate constituted

under the Banking Companies (Acquisition and Transfer of Undertaking) Act. 1969 (delete, if not
applicable) and branch Office at…………………... (Hereinafter referred to as the Guarantor) do hereby
undertake and agree to pay forthwith on demand in writing by the RISL of the said guaranteed amount
without any demur, reservation or recourse.

3. We, the aforesaid bank, further agree that the RISL shall be the sole judge of and as to whether the
Bidder has committed any breach or breaches of any of the terms costs, charges and expenses caused to
or suffered by or that may be caused to or suffered by the RISL on account thereof to the extent of the
Earnest Money required to be deposited by the Bidder in respect of the said bidding document and the
decision of the RISL that the Bidder has committed such breach or breaches and as to the amount or
amounts of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to
or suffered by the RISL shall be final and binding on us.
4. We, the said Bank further agree that the Guarantee herein contained shall remain in full force and effect
until it is released by the RISL and it is further declared that it shall not be necessary for the RISL to
proceed against the Bidder before proceeding against the Bank and the Guarantee herein contained shall
be invoked against the Bank, notwithstanding any security which the RISL may have obtained or shall
be obtained from the Bidder at any time when proceedings are taken against the Bank for whatever
amount that may be outstanding or unrealized under the Guarantee.

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 RFP for Hiring of Technical Experts Services for SAS Analytics Stack

5. Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax,
registered post or other electronic media to our address, as aforesaid and if sent by post, it shall be
deemed to have been given to us after the expiry of 48 hours when the same has been posted.

6. If it is necessary to extend this guarantee on account of any reason whatsoever, we undertake to extend
the period of this guarantee on the request of our constituent under intimation to you.

7. The right of the RISL to recover the said amount of <Rs. (Rupees <in
words>)> from us in manner aforesaid will not be precluded/ affected, even if, disputes have been
raised by the said M/s. ……….………………(Bidder) and/ or dispute or disputes are pending before
any court, authority, officer, tribunal, arbitrator(s) etc.

8. Notwithstanding anything stated above, our liability under this guarantee shall be restricted to
<Rs. (Rupees <in words>)> and our guarantee shall remain in force till bid validity
period i.e. <please specify>days from the last date of bid submission and unless a demand or claim
under the guarantee is made on us in writing within three months after the Bid validity date, all your
rights under the guarantee shall be forfeited and we shall be relieved and discharged from all liability
there under.

9. This guarantee shall be governed by and construed in accordance with the Indian Laws and we hereby
submit to the exclusive jurisdiction of courts of Justice in India for the purpose of any suit or action or
other proceedings arising out of this guarantee or the subject matter hereof brought by you may not be
enforced in or by such count.

10. We hereby confirm that we have the power/s to issue this Guarantee in your favor under the
Memorandum and Articles of Association/ Constitution of our bank and the undersigned is/are the
recipient of authority by express delegation of power/s and has/have full power/s to execute this
guarantee under the Power of Attorney issued by the bank in your favour.

Date ………………… (Signature) ……………………………………….

Place ………………… (Printed Name) ………………………………….
(Designation) ……………………………………
(Bank’s common seal) ………………………….

In presence of:
WTTNESS (with full name, designation, address & official seal, if any)
(1) ………………………………………
………………………………………
(2) ………………………………………
………………………………………

Bank Details
Name & address of Bank:
Name of contact person of Bank: Contact
telephone number:

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 RFP for Hiring of Technical Experts Services for SAS Analytics Stack

GUIDELINES FOR SUBMISSION OF BANK GUARANTEE

The Bank Guarantee shall fulfil the following conditions in the absence of which they cannot be considered
valid: -
10. Bank Guarantee shall be executed on non- judicial stamp paper of applicable value purchased in the
name of the bank.
11. Two persons should sign as witnesses mentioning their full name, designation, address and office seal
(if any).
12. The Executor (Bank Authorities) may mention the power of attorney No. and date of execution in his/
her favour authorizing him/ her to sign the document. The Power of Attorney to be witnessed by two
persons mentioning their full name and address.
13. The Bank Guarantee should be executed by a Nationalised Bank/ Scheduled Commercial Bank only.
14. Non – Judicial stamp paper shall be used within 6 months from the date of Purchase of the same. Bank
Guarantee executed on the non-judicial stamp paper after 6 (six) months of the purchase of such stamp
paper shall be treated as non-valid.
15. The contents of Bank Guarantee shall be strictly as per format prescribed by RISL
16. Each page of Bank Guarantee shall bear signature and seal of the Bank and B.G. number.
17. All corrections, deletions etc. in the Bank Guarantee should be authenticated by signature of Bank
Officials signing the Bank Guarantee.
18. Bank should separately send through registered post/courier a certified copy of Bank Guarantee,
mentioning Bid reference, Bid title and bidder name, directly to the Purchaser at the following address:
Managing Director, RISL
First Floor, Yojana Bhawan, C-Block, Tilak Marg, C-
Scheme, Jaipur-302005 (Raj.)

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 RFP for Hiring of Technical Experts Services for SAS Analytics Stack

ANNEXURE-12: THE DETAILS OF AVAILABLE SAS STACK

Development / Test DR
Current
Production Environment Environment
[Link] BOM
Metric Version
Metric Metric
1. Platform Suite for SAS 16 Cores 4 cores 8 cores SAS 9.4 M4

SAS/STAT 15.3 &

2. SAS Office Analytics 16 Cores 4 cores 8cores SAS Enterprise Guide
8.3

3. SAS Add-On / Access 4 cores 8 cores 9.4 M8

16 Cores
Interface to Oracle
4. SAS Add-On / Access 4 cores 8 cores 9.4 M8
16 Cores
Engine (ODBC)
SAS Financial Crimes
SAS Fraud Framework for
5. Government (along with 36 cores 8 cores 18 cores Monitor 6.3 &
associated components) SNA-6.2 M4

Visual Analytics 7.5 on

SAS 9.4 &
6. SAS Visual Analytics 64 cores 16 cores 64 cores
Visual Analytics 8.5 on
Viya 3.5

7. SAS Enterprise Miner –

Desktop 15.3
Desktop
SAS Visual Data Mining &
Machine ;Learning (along
8. 32 Cores 8.5 on Viya 3.5
with associated
components)
9. SAS Text Miner – Desktop Desktop 15.3
SAS/STAT 15.3 &
SAS Analytics Pro –
10. Desktop SAS Enterprise Guide
Desktop
8.3
SAS Visual Data Discovery
11. 5 Unit 12.1
Desktop
12. SAS Visual Text Analytics 32 Cores 8.5 on Viya 3.5

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