NOTICE INVITING TENDER NO. 14-A/17-18 · MADHYA PRADESH LAGHU UDYOG NIGAM LTD. 1st floor Panchanan Bhawan,Malviya Nagar (T.T. Nagar), Bhopal NOTICE INVITING TENDER NO. 14-A/17-18

MADHYA PRADESH LAGHU UDYOG NIGAM LTD.

1st floor Panchanan Bhawan,Malviya Nagar (T.T. Nagar), Bhopal

NOTICE INVITING TENDER NO. 14-A/17-18

The MPLUN invites sealed Technical and Financial Proposals for Appointment of System

Integrator for implementation and maintenance of e-Procurement System in Madhya Pradesh Laghu

Udyog Nigam Ltd Bhopal.

S.No Description Date/Detail

1 RFP NO K 17117-A

2 Downloading of RFP Document

02/04/2018 from website https://www.mpeprocurement.com

3 Cost of RFP

Rs.5000/-(Rupees Five thousand Only) payable in the form of Demand Draft in favour of Madhya Pradesh Laghu Udyog Nigam ltd payable at Bhopal.This is non refundable

4 Earnest Money Deposit Rs.5,00,000/-(Rupees Five Lacs only) Demand Draft/Banker’s Cheque in favor of Madhya Pradesh Laghu Udyog Nigam ltd payable at Bhopal

5 Pre Bid Meeting 15.00 hrs onwards 10/04/2018

6 Date and Time of Submission for Proposal

14.00 hrs 01/05/2018

7 Opening of Technical Proposal

15.30 hrs 01/05/2018

The bidders are required to download the document and submit the proposal according to RFP

accompanying by tender fee and EMD as shown above. The RFP document will be visible in notice

section of the above website

Managing Director

https://www.mpeprocurement.com/

Madhya Pradesh Laghu Udyog Nigam

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REQUEST FOR PROPOSAL

FOR

E-PROCUREMENT SOLUTION AT MPLUN


Panchanan Bhawan

1st Floor, Malviya Nagar

Bhopal – 462003

Phone: 91-755-2673125/129

Email: [email protected]

Website: https://mpeprocurement.com

RFP No. K 17117-A

Date of Issue and Downlaod From MPLUN Website: 02-04-2018

Last Date of Submission : 14:00 Hrs. 01-05-2018

mailto:[email protected]


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TENDER NOTICE

Tender Inviting Authority Managing Director Madhya Pradesh Laghu Udyog Nigam Ltd Bhopal

Place of availability of RFP Website https://mpeprocurement.com

Tender Notice No. 14-A/17-18

The contact Person

Head of The Department (IT)

Madhya Pradesh Laghu Udyog Nigam Ltd

2nd Floor PanchananBhavan

Malviya Nagar Bhopal, PIN- 462003

Phone: +91-755-2673160 ,


Name of the Project Work E-PROCUREMENT SOLUTION at MPLUN and providing operational support for a period of five years.

List of Tender documents (RFPs) One Document - RFP for E-Procurement Solution

e-mail address to send pre-bid

queries


[email protected]

Place for Pre-bid meeting Madhya Pradesh Laghu Udyog Nigam Ltd

4th FloorPanchanan Bhawan, Malviya Nagar Bhopal

Place for submission of bids Madhya Pradesh Laghu Udyog Nigam Ltd

1st Floor,Panchanan Bhawan,


Tender Document fees

₹ 5,000/- non-refundable, to be paid with the bids, through demand drafts/bankers cheque favouring Madhya Pradesh Laghu Udyog Nigam Ltd and payable at Bhopal.

EMD ₹ 5,00,000/- Refundable, to be submitted along with the bids as Demand Draft

Nature of bid process Multiple Envelope Bidding: EMD, QC, Technical Bid in 1st Envelope and Price Bid is in 2nd Envelope.

Proposal Evaluation Process Quality cum Cost Based System (QCBS, 70:30)




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SCHEDULE FOR BID PROCESS MANAGEMENT OF EPROCURMENT SOLUTION

Particulars Date

Release of Request for Proposal (RFP) 2nd April 2018

Last date of submission of Pre-Bid queries 9th April 2018

Pre-Bid Conference 10th April 2018

Response to Pre-Bid queries 16th April 2018

Issue of Corrigendum (if any) 17th April 2018

Last Date & Time for submission of bids 1st May 2018

Technical Bid opening 1st May 2018

Technical Presentation & Demonstration 14th May 2018 (tentative)

Financial Bid opening 22nd May 2018

Signing of Agreement 31st May 2018

TENDER DATA SHEET

Topic Details

Overview of the project

Propose an e-Procurement solution to meet the

requirements of MPLUN and other users

Implementation of the proposed e-Procurement

solution

Support the e-Procurement solution at MPLUN for

five years

Key aspects of the project

Project management &implementation of e-

Procurement Solution

Training of user, data migration and integration with

present system wherever required

Commissioning of hardware/software for e-

Procurement Solution

Post implementation support – onsite and offsite

support for five years mandatory


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RFP Availability & Document

Fee

The bidder candownload the RFP from the website

https://mpeprocurement.com .The bidders are required

to submit the RFP cost in the form of a demand draft

(DD)/Banker Chequealong with the Proposal. Proposal

received without or with inadequate RFP document fees

shall be rejected.

Language

The Proposal should be filled by the Bidder in English

language only. If any other supporting documents

submitted are in any language other than English,

translation of the same in English language is to be duly

attested by the Bidders. For purposes of interpretation

of the Proposal, the English translation shall govern.

Tender Validity Proposals must remain valid for 180 days after the

submission date i.e. 1st may 2018

Submission of Proposal

The Bidder must submit their responses as per the

format given in this RFP in the following manner

EMD in the form of DD in first envelope

Responses to Qualification Criterion:

1 Original + 1 Copies + 1 CD (Non- Rewritable) in

second Envelope

Technical Proposal:

1 Original + 1 Copies + 1 CD (Non- Rewritable) in third

Envelope

Commercial Proposal:

1 printed hard copy in fourth Envelope

The Response to EMD, Qualification criterion, Technical

Proposal and Commercial Proposal should be covered in

separate sealed envelopes super-scribing “EMD”,

“Qualification Proposal”, "Technical Proposal" and

“Commercial Proposal” respectively. Each copy of each

bid should also be marked as "Original" OR "Copy" as

the case may be. Also “EMD”, “Qualification Proposal” &

“Technical Proposal” should be covered in one Envelop

and “Commercial Proposal” in another.

Pre-Bid Meeting & Clarification A pre-Bid meeting will be held on 10th April 2018 at

3:00 PM in MPLUN, Bhopal

The bidder must send their queries for pre-bid


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meeting to mentioned address by post or email on

before 9th April 2018 at MPLUN, Bhopal

For any kind of clarification bidders may contact to



2nd Floor PanchananBhavan,


Phone No: +91-755-2673160

Email ID: [email protected]

Evaluation of Technical

proposals

Evaluation of qualification proposal of the System

Integrator

Evaluation of the proposal for E-Procurement

Solution

Evaluation of technical proposal for implementation

services

Location for the project MPLUN,(HO)Bhopal and its unit offices



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DISCLAIMER

The information contained in this Request for Proposal document (“RFP”) or subsequently

provided to Bidders, whether verbally or in documentary or any other form by or on behalf of

MPLUN or any of its employees or advisers, is provided to Bidders on the terms and conditions

set out in this RFP and such other terms and conditions subject to which such information is

provided.

This RFP is not an agreement or an offer by MPLUN to the prospective Bidders or any other

person. The purpose of this RFP is to provide interested parties with information that may be

useful to them in the formulation of their Proposals pursuant to this RFP. This RFP includes

statements, which reflect various assumptions and assessments arrived at by MPLUN in relation

to the E-Procurement SolutionImplementation project. Such assumptions, assessments and

statements do not purport to contain all the information that each bidder may require. This RFP

may not be appropriate for all persons, and it is not possible for MPLUN, its employees or

advisers to consider the objectives, technical expertise and particular needs of each party who

reads or uses this RFP. The assumptions, assessments, statements and information contained in

this RFP, may not be complete, accurate, adequate or correct. Each bidder should, therefore,

conduct its own investigations and analysis and should check the accuracy, adequacy,

correctness, reliability and completeness of the assumptions, assessments and information

contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidders may be on a wide range of matters, some of

which may depend upon interpretation of law. The information given is not intended to be an

exhaustive account of statutory requirements and should not be regarded as a complete or

authoritative statement of law. MPLUN accepts no responsibility for the accuracy or otherwise

for any interpretation or opinion on the law expressed herein.

MPLUN, its employees and advisers make no representation or warranty and shall have no

liability to any person including any bidder under any law, statute, rules or regulations or tort,


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principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or

expense which may arise from or be incurred or suffered on account of anything contained in

this RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness

of the RFP and any assessment, assumption, statement or information contained therein or

deemed to form part of this RFP or arising in any way in this Selection Process.

MPLUN also accepts no liability of any nature whether resulting from negligence or otherwise

however caused arising from reliance of any bidder upon the statements contained in this RFP.

MPLUN may in its absolute discretion, but without being under any obligation to do so, update,

amend or supplement the information, assessment or assumption contained in this RFP.

The issuance of this RFP does not imply that MPLUN is bound to select a bidder or to appoint

the selected bidder, as the case may be, for the Implementation of the Project and MPLUN

reserves the right to reject all or any of the Proposals without assigning any reasons

whatsoever.

The bidder shall bear all its costs associated with or relating to the preparation and submission

of its Proposal including but not limited to preparation, copying, postage, delivery fees,

expenses associated with any demonstrations or presentations which may be required by

MPLUN or any other costs incurred in connection with or relating to its Proposal. All such costs

and expenses will remain with the bidder and MPLUN shall not be liable in any manner

whatsoever for the same or for any other costs or other expenses incurred by a bidder in

preparation or submission of the Proposal, regardless of the conduct or outcome of the

Selection Process.


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Table of Contents DISCLAIMER ............................................................................................................................................ 6

SECTION -1 ............................................................................................................................................ 11

REQUEST FOR PROPOSAL FOR E-PROCUREMENT SOLUTION FOR MPLUN .......................................... 11

1. INTRODUCTION ...................................................................................................................... 11

2. OBJECTIVE .............................................................................................................................. 11

3. BROAD REQUIREMENT ........................................................................................................... 11

4. SCOPE OF WORK .................................................................................................................... 12

SECTION - II ........................................................................................................................................... 23

SECTION – II INSTRUCTIONS / GUIDELINES TO TENDER BIDDER .......................................................... 23

1. BINDING TO ALL TERMS & CONDITIONS: ................................................................................ 23

2. DEFINITION ............................................................................................................................ 23

3. COST OF BIDDING................................................................................................................... 25

4. INSTRUCTIONS FOR BIDDING DOCUMENTS ............................................................................ 25

5. AMENDMENT OF BIDDING DOCUMENTS ................................................................................ 25

6. LANGUAGE OF BID ................................................................................................................. 26

7. BID FORM .............................................................................................................................. 26

8. SIGNING OF BIDS .................................................................................................................... 26

9. STAGES OF TENDRING PROCESS ............................................................................................. 26

10. SUBMISSION OF TENDER: ................................................................................................... 28

11. PLACE OF SUBMISSION: ...................................................................................................... 30

12. LATE BIDS ........................................................................................................................... 31

13. WITHDRAWAL OF BIDS ....................................................................................................... 31

14. SCRUTINY OF THE BID ......................................................................................................... 31

15. OPENING OF QUALIFICATION BID ....................................................................................... 33

16. PROCEDURE FOR PROCESSING THE TENDER DOCUMENT ................................................... 34

17. NEGOTIATIONS, CONTRACT FINALIZATION AND AWARD .................................................... 36

18. ASSUMPTIONS AND EXCLUSIONS ....................................................................................... 36

19. REVISED COMMERCIAL BIDS ............................................................................................... 36

20. APPLICABILITY OF THE RATES ............................................................................................. 36


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21. PERFORMANCE SECURITY ................................................................................................... 37

22. CONTRACT PERIOD ............................................................................................................. 37

23. FORFEITURE OF E.M.D. ....................................................................................................... 37

24. REFUND OF E.M.D. ............................................................................................................. 37

25. REJECTION OF TENDERS ..................................................................................................... 37

26. VALIDITY OF TENDERS ........................................................................................................ 38

27. USE OF CONTRACT DOCUMENTS AND INFORMATION ........................................................ 38

28. SERVICE LEVEL AGREEMENT (SLA) AND PENALTY ................................................................ 39

29. PERFORMANCE BANK GUARANTEE (PBG): .......................................................................... 40

30. GENERAL TERMS ................................................................................................................ 40

31. AUTHENTICATION OF BID: .................................................................................................. 40

32. PRICE:................................................................................................................................. 41

33. DELIVERY SCHEDULE & PAYMENT TERMS: .......................................................................... 41

34. TERMINATION OF CONTRACT ............................................................................................. 41

35. CONSEQUENCES OF TERMINATION .................................................................................... 42

36. SUB-CONTRACTING ............................................................................................................ 42

37. ADDENDUM/CORRIGENDUM ............................................................................................. 42

38. INSPECTION BY THE CORPORATION OFFICIAL ..................................................................... 43

39. VIOLATIONS BY SELECTED BIDDER ...................................................................................... 43

40. SPECIAL CONDITION ........................................................................................................... 43

Annexure-I ............................................................................................................................................ 50

QUALIFICATION CRITERIA .................................................................................................................. 50

QUALIFICATION BID FORM............................................................................................................. 52

Annexure-II ........................................................................................................................................... 55

FUNCTIONAL REQUIREMNT SPECIFICATION - TECHNICAL BID FORM .................................................. 55

Annexure-III .......................................................................................................................................... 77

COMMERCIAL BID FOR E-PROCUREMENT SOLUTION FOR MPLUN ..................................................... 77

E-PROCUREMENT TENDERS CHARGES ............................................................................................ 77

Appendix ............................................................................................................................................... 77

Annexure-IV .......................................................................................................................................... 79

EVALUATION CRITERIA ...................................................................................................................... 79

Annexure-V ........................................................................................................................................... 83


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Annexure-VI .......................................................................................................................................... 84

Annexure-VII ......................................................................................................................................... 85

SERVICE LEVEL AGREEMENT FOR E-PROCUREMENT SOLUTION FOR MPLUN ...................................... 85

Annexure-VIII ...................................................................................................................................... 114

Annexure-IX ........................................................................................................................................ 117

Annexure-X ......................................................................................................................................... 123

Annexure-XI ........................................................................................................................................ 124

Annexure-XII ....................................................................................................................................... 129

Annexure-XIII ...................................................................................................................................... 130

Annexure-XIV ...................................................................................................................................... 136


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SECTION -1

REQUEST FOR PROPOSAL FOR E-PROCUREMENT SOLUTION FOR MPLUN

1. INTRODUCTION

Madhya Pradesh Laghu Udyog Nigam was incorporated in 1961. In 1978 the

organization was given the dual task of providing marketing assistance to SSI sector and

to act as central purchase agency of the State Government. It has been entrusted with

the job of creating positive and dynamic environment for development of SME sector in

the Madhya Pradesh

2. OBJECTIVE

The MPLUN is a procurement agency of the State Government registered under

company’s act 1956, who is running its e-procurement portal successfully since 2006.

MPLUN intends to invitetenderto continue E-procurement and E-Business system from

those companies who fulfil the qualification criteria. Selected vendor shall provide an

internet-based secure system for carrying out the activities defined in the scope of the

project for the use of MPLUN and for providing the services by MPLUN to other

agency/organisation for execution of works and projects, procurement of goods, stores

and services at the State Capital as well as District/block headquarters or any other

place in or outside the state of Madhya Pradesh in line with the state procurement

requirements on revenue sharing basis. Also they have expertise in conducting e-

Procurement events online.

3. BROAD REQUIREMENT

Selected vendor shall facilitates the public procurement process and works Tender

within the state of MADHYA PRADESH. Selected vendor shall offer to MPLUN and Users

access to individual system through a secure mechanism. MPLUN can open the tender

box and place any type of electronic document within it. MPLUN may then invite pre-

registered Suppliers to access the tender box using the same level of security.

Suppliers should then be able to download a copy of the documents and then upload

their completed tender responses. The opening of the tender box by the MPLUN to


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access Supplier responses submitted shall be possible only after the specified time pre-

set by the issuing authority has passed.

Madhya Pradesh is a Hindi speaking state, and there may be few suppliers which are not

familiar with English language. To facilitate such suppliers, the portal should be bi-

Lingual (English & Hindi).

Selected vendor shall provide this solution for secure electronic competitive

tendering and also ensure that the current e-tendering system, and all previous data

shall migrate on new platform developed/provided by the vendor.

In short selected vendor, through this E-Procurement & E-Business Services shall

provide the MPLUN & Suppliers, a secure, cost-effective and easy-to-use electronic

solution for the transmission, retrieval, storage, receipt and administration of Invitation

of Bid documentation along with the services given in the scope of the project. Services

thus provided should be accessible through a System (Personal Computer, Laptop and

Mobile) with Internet. The system provided by the selected vendor should be cost-

effective to use and the documents are securely encrypted in transit.

4. SCOPE OF WORK

The Sealed tenders are invited for E- Procurement Solution for MPLUN. The Bidders

are expected to carefully examine all instructions, the RFP document, the terms and specifications stated in this RFP, and if there appears to be any ambiguity,

contradictions, inconsistency, gap and/or discrepancy in the RFP document, the

Bidders are requested to seek necessary clarifications by e-mail at

[email protected] with selected vendor would be valid for Five

years from the date of go-live.

4.1 Business Model 4.1.1 The MP Laghu Udyog Nigam Ltd which is a procurementagency under

store purchase rules and otherwise and desirous to have a partner which

hitherto called System Integrator (SI).

4.1.2 E- Procurement & E-Business entity will be developed, tested, deployed

and will be run for 5 years on revenue sharing basis and the source code

of the system will be sole ownership of MPLUN. The same will be

applicable for COTS based solution also.

4.1.3 On the job training shall be provided to all the concerned employees of

the MPLUN for operation, maintenance and updating of the system.

4.1.4 The project is turnkey project which includes all activities mentioned in

4.3

4.1.5 MPLUN and its agencies will use the system for its tendering and

generation of supply/work orders for the government departments and


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undertakings which choose to adopt the system however the MPLUN will

make efforts to migrate government departments and undertakings to

adopt the system.

4.1.6 The tender will be published on the portal, the suppliers will be able to bid

online and the evaluation of the bids will be done by MPLUN online.

4.1.7 An E-Catalogue of all items of goods and services under rate contract has

to be maintained on a Web portal by the System Integrator (SI).

4.1.8 The portal shall also generate supply/work orders for goods and services

which are in rate contract for the officers authorized by government

departments or undertakings or semi-government agencies or any other

agency to which MPLUN has given authorization to use the Web portal.

4.1.9 The System shall also manage contracts between the indenter, vendor

and MPLUN. It shall track the progress of the contract and generate

report on pro-rate basis.

4.1.10 The system should also manage and report the performance of vendors

and indenters.

4.1.11 The option of E-payment should be available in the system. Finally the

system should have the capability of E-Payment by transfer of funds

through the Govt of MP treasury systems/ or any suitable third party

payment gateway. Acceptance of e-payment from SSI units/Vendors

4.1.12 The web portal should be user friendly and will also contain departmental

information and updating them time to time as per instructions.

4.1.13 Native Mobile app for MPLUN and end User

4.2 Financial Model The MPLUN and the chosen SI will act as partners who will share the revenue in

the following manner: The lowest evaluated bidder will be awarded the contract

and any revenue till the quoted maximum revenue retention will be paid to the

SI. The revenue above this will be retained by MPLUN. In case revenue received

is less than the quoted value, the MPLUN will not pay the difference.

4.3 General Requirement 4.3.1 The major work under this RFP would be to provide a secure web based

solution for e-procurement solution which covers features like e-

tendering, rate contract, order placement,reverse auction and forward

auction etc.

4.3.2 Each event should be a separate event to be supported by the proposed

e-Procurement system. The system should provide online advertisement


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of tender, vendor registration through user id/password procedure and

proper authentication with e-Sign/Digital Signature, downloading of

RFP/tender documents by vendor, submission of bids online, technical

evaluation of bids, on the basis of various parameters, award of contract,

placement of supply order, publication of rate list and reverse auction and

award of contract.

4.3.3 In e-Reverse auction module, the bidder should provide appropriate

bidding screens for bidders to bid for contracts based on lot/single item

works and for contract based on Total Cost of Ownership.

4.3.4 The system shall cover full life cycle of procurement (indent to placing of

Purchase/ Work Order).

4.3.5 The system should provide for various standard MIS reports as well as

customized reports as per MPLUN demand.

4.3.6 During the period of the contract, the selected bidder may be required to

carry out additional requirement to meet the requirement of MPLUN

which may arise out of changes for regulatory compliance without

additional cost.

4.3.7 The Bidder should provide Support and helpdesk services for the overall

project duration without any additional cost.

4.3.8 MPLUN data shall be encrypted and stored in secured format.

4.3.9 The selected bidder shall provide Training to Administrators and Users of

the Application as well as providing training and User Manual to the

prospective Vendors, Administrators and Users during each Event.

4.3.10 The selected bidder shall provide Detailed Technical Report (High & Low

Level) to the MPLUN for their future reference.

4.4 Detailed Requirement

The following will be the scope of work for the SI to be appointed as a result of

this Tender. The scope will not be limited to below mentioned list and SI can

suggest other best practices which can be incorporated in the new system,

however it will be on the sole discretion of MPLUN to approve the change

suggested by SI hence this is not exhaustive list.

4.4.1 The software solution should cover complete work flow of the tender

process with security features at milestones. The e-tender software must

address following modules

a. It should be a single domain solution with independent modules

for both the e-tender and rate contract event.


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b. Creation of user-ids for various MPLUN Offices /Departments for

different projects/tenders.

c. Creation of requisition

d. Creation of notice inviting tender (NIT) and tender documents

online

e. Cancel/Re-invite Tender

f. Creation of bidding formats

g. Approve tender online

h. Online upload facility for tender document and annexures

i. Centralized registration of vendors/bidders/contractors

(Authenticated with e-Sign/Digital Signature Certificate).

j. Submission of bids online.

k. Display of the lowest bid at a particular time to all participated

bidders on their screens. In case of reverse auction, online bid

changes should be visible at MPLUN’s end.

l. Provision for adding multiple items for bidding depending on the

project

m. Facilitating the bidders to log in to the system from anywhere

through the internet and submit their bid/s.

n. Restricting the bidder from seeing another participant's bid. The

status of bidders’ participation in the tender process should be

visible to MPLUN only. However, the Qualification-cum-Technical

and Price bid/Commercial bid should not be visible to anyone till

the opening of the respective bid.

o. Option for on-line/offline pre-bid meeting

p. Online technical evaluation by considering all technical parameters

and eligibility conditions mentioned in the tender documents

q. Finalization of the lowest Price bid/Commercial bid amongst all the

bidders who have qualified the eligibility criteria and technical

criteria, through online opening and evaluation. The method of

deciding lowest bidder may be different for each event e.g. Lowest

Overall cost, Lowest Individual Item cost, Cost-cum-Quality, etc.

r. The SI need to incorporate scenario where MPLUN can execute the

rate contract agreement other than L1 rates. The rate contracted

price can be lower or higher than L1.

s. Publishing comparative statement of rates


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t. Award of contract and publish rate list of item and system

generated mail should be triggered to the selected registered

buyers.

u. Issue of Purchase Order.

v. Compatibility of using e-sign/digital certificates at the time of any

events of execution.

w. Availability of the system 24 x 7.

x. Detailed end-to-end audit trail ( Refer 4.4.14)

y. Capability of reverse & forward auctions

z. The solution should be integrated with e-payment where ever

required as per requirement of MPLUN

aa. Tender preparation and release

bb. Publishing of Tenders online

cc. Bid submission by the intending TENDERERS up to specific date and

time as prescribed by the designated authority.

dd. Publishing clarifications/corrigendum/amendments time to time

as desired by the designated authority

ee. Publishing pre-bid meeting clarifications to the TENDERERS

ff. Publishing modifications of the tenders during the validity period.

And provision to extend the validity of tenders.

gg. Opening of bids (technical and commercial bids).

hh. Automatic generation of comparative of the commercial

evaluation

ii. Proper access system should available in the solution

jj. Provision of various MIS reports and automatic generating MIS

reports as per the requirement of the MPLUN. ( Refer 4.4.15)

kk. Storing of the completed tender process along with the time stamp

in the electronic format and providing to the same to the board in

the format acceptable to them in soft copies and provision to

generate report in desired format.

ll. The software should be generic in nature so that it can be

customized for various types of tenders i.e. rate contracts, quantity

contracts, work orders etc.

mm. E-cataloguing publishing of goods, commodities and services

provided by MPLUN under rate contract.

nn. E-ordering of items under rate contract by the agencies authorized

by the MPLUN. Auto generation of orders for the vendors who are


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under rate contract, copy of order to indenter, consignee and

inspection agency.

oo. Tracking of orders

pp. Contract management i.e. management of quality, after sale

services, warranty etc. service commission accounting, automatic

generation of statement of account and facility to download the

same, status of pending and placed orders and status of EMD

deposit.

qq. Storage and retrieving of previous data for the purpose of various

types of report generation.

rr. Provision for generation of inspection certificate and its

downloading and uploading of test reports if any.

4.4.2 The SI will have to contact office as directed by the Madhya Pradesh

Laghu Udyog Nigam Limited for processing their e-tenders. For the same,

the SI will have to study the current e-Tendering processes of the Madhya

Pradesh Laghu Udyog Nigam Limited.

4.4.3 The SI shall ensure that the E-Procurement & E-Business & E-Business

Services are customized/Developed and ready for online service within 90

days of executing the contract failing which Madhya Pradesh Laghu Udyog

Nigam Limited reserves the right to terminate the contract and forfeit the

Security Deposit

4.4.4 The SI will be responsible for registration of the bidder. The format of the

registration will be mutually decided by the Madhya Pradesh Laghu Udyog

Nigam Limited. The registration of the TENDERERS would be valid for the

period of one year andrenewal fees shall be paid annually.

4.4.5 E-tender solutions must use PKI and e-Sign/Digital Certificates for security,

verification and audit

4.4.6 No one except that bidder should be able to view bid under his

preparation

4.4.7 Specification of all products and their catalogue should always be

available on portal.

4.4.8 For every supplier/vendor minimum 10 MB space should be provided. If

more space is desired by supplier/vendor it should be provided at his

request looking into quantum of data he is uploading.

4.4.9 Submitted bids should be kept in such a format so that only designated

authority at the designated / pre-determined time and date can open the

bids.


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4.4.10 The proposed e-tender system should have bid security features so that

even designated authorities, system administrators, software developers,

SI employees, or any actor / entity are not able to, on their own or in

collusion, tamper, delete, open, view, modify, manipulate bids or breach

the tendering process in any way. Since the system to be developed as

state of art the security system should be latest and a brief note is to be

submitted on the subject.

4.4.11 The SI shall be responsible for providing PKI enablement, e-Sign/Digital

Certificates, training and user manuals to the registered TENDERERS for

the participation in the e-tendering process, at the cost agreed by the

tenderer in this tendering process. Madhya Pradesh Laghu Udyog Nigam

Limited shall acquire client-side PKI enablement and Digital Certificates at

its own cost or acquire from SI at best available market rates.

4.4.12 The SI will establish a HELP DESK in MPLUN Bhopal in which the hardware

will be provided by the SI but the premises will be of MPLUN.HELP DESK

shall also provide all types of help to vendors online

4.4.13 Audit Trail:The system should provide for adequate audit trail including

log reports for all the activities, transactions and any changes in

configuration, information/ data changes, updation etc.

4.4.14 MIS/Reports:MIS reports in the form of total number of bids with the

value for a tender as well as for a particular bidder, lowest bid with the

details, the details of the bidder etc., the progression of the tendering

process etc. shall be provided in addition to configurable reports with

available data based on actual requirements for a given option/e-auction

process.

4.4.15 Data Ownership:The ownership of all data, tender related data,

RFPdocuments/forms lies with MPLUN only. The bidder will only be

custodian of this data during contract period.

4.4.16 Data Protection:The bidder will take all measures to keep data pertaining

to MPLUN secure at Data Center (DC) as well as Disaster Recovery (DR)

site during the contract period. A copy of this data should be kept in

fireproof vault at DC and DR. At the end of contract period, the bidder will

handover this data to MPLUN, in readable soft format.

4.4.17 E-Payment Integration: The SI shall charge rates quoted by him in the

price schedule (excluding GST, if any, which may be charged extra). The SI

shall provide secure payment gateway for collecting revenue. For the

purpose of verificationSI shall from time to time make available certified


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details of the receipts. The procedure for submitting receipts to the

purchaser to that effect will be finalized between the purchasers with the

successful tenderer.

The e-Procurement solution should be ready for e-Payment integration

and be capable to electronically handle the following:

a. Receipt & Refund of Earnest Money Deposit (EMD) and any other

deposits during the bidding and contract award process. MPLUN

will specify the bank account into which the amount is to be

received for each tender.

b. Electronic Refund of any double payments made by the suppliers

(i.e. bidders) while submitting bids.

c. Electronic Performance Bank Guarantee (PBG) feature should be

incorporated/made available whenever the same would be

available with majority of banks.

4.4.18 Data Transfer and Migration: After the end of the contract period, the

selected vendor should help MPLUN in migration of current database to

the new vendor selected at no additional costs. As such, the database

structure of the vendor should be compatible with database structure of

new vendor selected. The selected vendor will have to provide full

support to the new vendor selected till the successful implementation of

the portal (till portal goes live) at no additional costs.

4.4.19 Security Features:

a. Data Encryption: The system shall support a minimum of 256 bit

encryption for sensitive data, and information while in transfer.

b. Prevention of Unauthorized access: The system shall incorporate

Intrusion detection/ prevention system, Firewall, online anti-virus

scanning that protects it against unauthorized access and hackers,

apart from normal requirements relating to prevention of

unauthorized access.

c. Inactivation of right mouse button: The system should ensure that

the functionality of right button of the mouse is inactive and

ensure the source code should not be visible.

4.4.20 Customization flexibility and scalability:The system shall be scalable and

shall permit expansion of both the capacity and functionality either with

the existing configuration or through the addition of items, details of

which shall be furnished by MPLUN. The system shall incorporate the

necessary requirements to meet the scope and requirements as stated.


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4.4.21 Compliances:

a. The system shall provide for storage of all electronic data as per

the requirements of MPLUN, CVC and conforming to the

Information Technology (IT) Act 2000 and any further

amendments.

b. The selected bidder's solution must comply with guidelines of

CVC(Circular No: 29/9/2009 & 18/04/2010) (Annexure-XIII)/ DIT

/GFR/ CMF/GIGW (Guidelines for Indian Government Websites) or

any other guidelines of GOI or IRDAI issued from time to time.

4.4.22 Support and operations:

The selected bidder should be willing to send an Engineer/Developer to

MPLUN office in Bhopal or any other location (As instructed by MPLUN)

for requirement gathering for each tendering event. All e-procurement

related queries should be addressed by the support Engineer.

The successful bidder should depute a dedicated team lead by Account

Manager (or Project Manager) as a single point of contact for MPLUN

throughout the contract period.

The Account Manager shall be responsible for below activities:

a. Assist in Web Site hosting and management, etc.

b. Help and guide the respective teams in preparing dynamic forms

and annexures related to tender to be executed, co-ordinate with

various departments at MPLUN HO to provide necessary support/

assistance in e-Procurement event till the closure of the tender

including creation of NITs (Notice Inviting Tenders), uploading the

tender (also addendum/corrigendum if any), opening of technical

and price bids etc.

c. Co-ordinate with the back end infra team for specific requirement

compliance in relation with the tender requirement.

d. Undertake any other support work related to e-procurement

solution as per the instructions of MPLUN.

e. On need basis, the person should be available on

Saturdays/Sundays and other holidays and even for extended

hours on these days with no extra cost to MPLUN.

4.4.23 Operational Support:

The responsibilities of the selected bidder include, but are not limited to,

the following:

a. Provision of related Software and other necessary components.


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b. Support through telephone/E-mail/Web during Monday to

Saturday, 10:30AM to 6:30PM.

c. Support for all system and associated components of the e-

Procurement solution.

d. Ensuring that the system is available as per the prescribed SLA. The

Bidder should install/ develop its own tools for monitoring the SLA.

e. Re-installations, in the event of system crash/failures.

f. Develop Standard Operating Procedures (SOPs)

g. The current Domain name of web site mpeprocurement.com shall

be kept unchanged.

h. Over all monitoring and management of the systems implemented,

which includes administration of Networks, UPS and all other

services ancillary to these facilities, in compliance with standards

and specifications.

i. Ensure overall security of the solution for protection of all the

servers and systems implemented for the project.

j. Ensure timely fine tuning of the application to enhance the end-

user experience.

k. Configuration and customizing of packaged software if required at

any stage during contract period and there is no cost charge by SI

from MPLUN

l. Provision of appropriate free training to Madhya Pradesh

LaghuUdyog Nigam Ltd

m. Providing helpdesk services like: Setup and management of

hardware and software including the hardware and software

required run the developed/customized e-tender portal

n. The web site will have to be user friendly and will contain

departmental information of MPLUN which shall be updated from

time to time

4.5 Training The selected bidder shall provide onsite comprehensive class room training to

MPLUN officials at MPLUN Head Office& other offices, registered vendors and

officers of other government department after go live of the E-procurement

solution and thereafter once every year, at no extra cost. The infrastructure for

training would be provided by MPLUN. The selected bidder shall also make

provision for downloadable e-Procurement lessons/User manuals/procedure

documents.


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4.6 Change Management, Upgrades & Updates: The Bidder shall be responsible to carry out changes in solution for any changes

required for functions, processes, rules, improvements or any configuration

changes etc. as per requirements of MPLUN from time to time. Any statutory

changes would be required to be done within stipulated time line. The upgrades

and updates of the solution shall be carried wherever due, with prior intimation

to MPLUN.

4.7 Product Documentation The Product Documentation in hard copy to be supplied along with User

Manuals, Technical Manuals. The user manuals should provide a functional

description of all the facilities available and it should be available online. The

technical manuals should provide the procedures for system configuration,

parameter configuration, system fine tuning, security configuration, any other

configuration and system installation and management information

4.8 Process Operations Response Times:

Sizing and capability of the Solution and Hardware deployed would be such that

the solution is able to deliver the web page or screen output at the user end

within 5 seconds of query or request submission under ideal condition.


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SECTION - II

SECTION – II INSTRUCTIONS / GUIDELINES TO TENDER BIDDER

1. BINDING TO ALL TERMS & CONDITIONS:

The Bidders are advised to submit the tender strictly based on the terms and

conditions and specifications contained in the tender document including

amendments, if any, issued by MPLUN prior to submission of tender. The formats

prescribed in the tender documents should be scrupulously followed by the vendors.

Tender bids that do not comply with the terms and conditions are liable for

rejection.

2. DEFINITION

In this tender document and associated documentation, the following terms shall be

interpreted as indicated:

a. "The Purchaser" means Madhya Pradesh Laghu Udyog Limited (MPLUN) or

any officer authorized by the Madhya Pradesh Laghu Udyog Nigam Limited to

enter into Rate Contract/ Quantity Contract with the Vendor.

b. "The Tenderer" means the eligible reputed E-Procurement & E-Business

Service Provider who bids or offers e-tender services against this invitation

for tender.

c. “The Indenter” means any Office, Govt. & Semi-Govt. Undertaking and

authorized officer to order goods or services against Contract with the

Madhya Pradesh Laghu Udyog Nigam Limited.

d. “The Vendor” means the Tenderer with whom the Madhya Pradesh Laghu

Udyog Limited has entered into a Contract.

e. "The Contract" means the agreement entered into between the Purchaser

and the Tenderer, as recorded in the Contract form signed by the parties,

including all the attachments and appendices thereto, and all documents

incorporated by reference therein.

f. "The Contract Price" means the price payable to the Tenderer under the

contract for the full and proper performance of its contractual obligations;

g. "The Infrastructure" means all the Equipment, Machinery, Hardware,

Software and/or other materials which the Tenderer is required to arrange

and put in place form time to time to provide E-Procurement & E-Business

Services to the Indenter under the Contract;


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h. "E-Procurement & E-Business Services" means services (which includes all

technical manpower essential for the system) required to conduct all,

tendering activity, including works tender, publication auction, payment,

cataloguing, contract management and e-commerce activities through web.

i. "Consignee" means the officer under or authorized by the Madhya Pradesh

Laghu Udyog Nigam Limited receiving E-Procurement &E-Business services at

the place where such services haves to be provided.

j. “Implementation Completion” means the date on which the E-Procurement

& E-Business Services are online and ready for use by The Purchaser which in

any case shall not exceed 30 days from the date of executing the contract

between The Purchaser and the SI

k. “Tender owner /Administrator means” any officer authorized to supervise

floating of e-tender, opening of e-tender, evaluation of e-tender, and

regulate and control the processing of e-tender.

l. “Tender representative” means any officer/employee appointed by tender

owner/ Administrator to handle the functions relating to the processing of e-

tender.

m. “Digital signature” means authentication of any electronic record by a

subscriber by means of an electronic method or procedure in accordance

with the provisions of section 3 of IT Act 2000.

n. “Digital Signature certificate” means a digital signature certificate issued

under sub- section (4) of section 35 of IT Act 2000

o. “Affixing a digital signature (as per IT Act 2000)” - Affixing a digital signature

with its grammatical variations and cognate expressions means adoption of

any methodology or procedure by a person for authenticating an electronic

record by means of digital signature.

p. “Electronic record (as per IT act 2000)” means data, record or data generated,

image or sound stored, received or sent in an electronic form or microfilm or

computer generated microfilm.

q. “Rate Contract” is a contract for the supply of stores/services at specified

rates during the period covered by the contract. No quantity is mentioned in

such a contract and the contractor is bound to accept any order, which may

be placed upon him during the currency of the contract.

r. “Quantity Contract” is a contract for the supply of stores/services at a

specified rate for the specified quantity and specified location/locations.

s. “Certifying Authority” means a person who has been granted a license to

issue a Digital Signature Certificate under section 24 of IT Act 2000.


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t. “Controller of Certifying Authorities” (CCA) means the Controller of Certifying

Authorities appointed under sub-section (1) of section 17 of IT Act 2000.V. “E-

TENDERERS” means the TENDERERS who use the E-Procurement & E-Business

Servicesprovided by the SI to bid against tenders issued / floated by

The Purchaser

u. "Tender Fee means the fee charged for down loading the tender document

by MPLUN

v. "Transaction Fees" means a fee charged from the vendor payable to MPLUN

for submitting a bid to the system.

w. Processing Fees :-The Fee charged from vendors for processing of their

tenders and paid by them to MPLUN

x. Registration Fee The fee paid by the vendor To MPLUN for obtaining ( PKI

digital certification) Portal registration

y. Indent processing fee means the fee charged for submission and processing

of indents electronically

z. Contract Management Fee is the fee charged towards management of the

contract

3. COST OF BIDDING

The bidder shall bear all the costs associated with the preparation and submission of

its tender and the Tendering Authority in no case, will be responsible or liable for

these costs, regardless of conduct or outcome of the bidding process

4. INSTRUCTIONS FOR BIDDING DOCUMENTS

The Bidder is expected to examine all instructions, forms, terms and specifications in

the bidding documents. Failure to furnish all information required by the bidding

documents or submission of a bid not substantially responsive to the bidding

documents in every respect will be at the Bidder’s risk and may result in rejection of

the bid.

5. AMENDMENT OF BIDDING DOCUMENTS

At any time prior to the deadline for submission of bids, the Tendering Authority

may, for any reason, whether on its own initiative or in response to the clarification

requested by a prospective bidder, modify, change, incorporate or delete certain

conditions in the bidding document. All prospective TENDERERS who have received

the bidding documents will be notified of the amendments if any in writing, and will


26

be binding on them. In order to allow prospective TENDERERS reasonable time to

take into consideration the amendments while preparing their bids the Tendering

Authority, at its discretion, may extend the deadline for the submission of bids

6. LANGUAGE OF BID

The bid prepared by the Bidder, as well as all correspondence and documents

relating to the bid exchanged by the Bidder to The Tendering Authority shall be in

English language. Wherever the correspondence is not in English, requisite

translation should be attached, and the English version shall prevail

7. BID FORM

The Bidder shall complete the bid form including the Technical Bid and the

Commercial Bid in required format

8. SIGNING OF BIDS

The Bid shall be typed and shall be signed by the Bidder or a person or persons duly

authorized to bind the Bidder to the Contract. The authorization letter shall be

supported by written power-of-attorney accompanying the bid. All pages of the bid,

except for printed literature, shall be initialed by the person or persons signing the

bid. Bids with interlineations, erasures or overwriting shall be rejected unless they

are signed by the person or persons signing the bid

9. STAGES OF TENDRING PROCESS

9.1 Pre-bid Conference: A pre bid conference will be organized on specified date at

15.00 in the office of the MPLUN Panchanan Bhawan TT Nagar Bhopal. This conference may be attended by all prospective tenderers. Any clarification with

respect to tender condition may be sought in witting during the conference and

the response given thereafter will be considered notified .The presence in pre-bid conference is not mandatory however subsequent to the pre bid conference

MPLUN may not respond to enquiries raised by those who do not attend the conference.

At any time prior to opening of Techno-commercial Bids of bidders, this office,

for any reason, whether at our initiative, or in response to clarifications sought

by any bidder, modify the tender document by issuing an ‘Addendum’. Each such

Addendum would become part of the tender document.


27

The Addendum, if any, would be published on the office notice board and

through the websites https://mpeprocurement.com. Copies of the Addendum

would also be sent through email to all bidders. Bidders should promptly

acknowledge receipt of Addendum to this office. Bidders are expected to collect

copies of the Addendum issued by this office in case they do not receive the copy

sent by email or even otherwise prior to the deadline for submission of the

techno-commercial bid and they are required to enclose a copy of the Addendum

signed on each page in the sealed cover containing the techno-commercial bid.

In case of such Addendum being issued, a suitable revised time frame may be

given to all bidders for submitting their techno-commercial and financial bids

which would be notified through the office notice board, email and through the

website https://mpeprocurement.comalthough no claim or suit would be

admissible on the ground that such communication was not delivered to any

bidder in sufficient time.

9.2 Invitation & Opening of TECHNO-COMMERCIAL bids for qualification: The bids

for qualification will be opened on designated time and date in presence of the authorized representatives of tenderers. The short comings will be

communicated to the tenderers whose tender are not found as per the

requirement given in Section III 3.1

9.3 Consideration of Techno-Commercial offer: The Technical offer of only those will

be considered who full fill qualification criteria as above.

9.4 Discussion on Approach paper: After opening of technical bid there will be

discussion on the approach paper and Presentation & Mock Live Trials of the bidders.

APPROACH PAPER:

The Tenderer is expected to give a brief Approach Paper and an outline of the

solution proposed. This is expected to provide information for evaluation based

on the following criteria

A 1. Understanding of the project requirements, important issues and associated

risks for the “e-tendering” system.

A 2.Suggested modifications and improvements to the functional requirements,

architecture and other aspects in the scope of the work stated in this tender

document.

A 3.Tenderers are expected to propose the outline of their solution in respect of

each of the following areas, with illustrations to explain the features of each of

https://mpeprocurement.com/


28

the proposed solutions and also indicate the packaged software preferences.

Proposed architecture of the solution will cover the following:

i. Technology model.

ii. Architecture of application software.

iii. Networking architecture.

iv. Security model.

v. Any other Technical standards proposed to be adopted.

vi. Openness & Inter-operability of solution. In particular, the vendors should

identify areas in which their solution conforms to open standards and

areas that are proprietary in nature. Justification about proprietary

components in terms of functionality and performance should be given.

vii. Cost-effectiveness of proposed solution.

viii. Scalability of the solution.

ix. Infrastructure availability (including manpower) with the tenderer for

providing e-tender end-to-end solution.

x. Implementation Plan

xi. Software development/deployment plans including timeframe,

milestones and deliverables at various stages of implementation.

xii. Training plans

xiii. The strategy intended for maintaining centers for five years.

xiv. Manpower deployment plan.

9.5 Price Bid: The notice for opening of price bid will be send to all those who qualify

techno-commercial bid.

10. SUBMISSION OF TENDER:

The tender offer should be submitted in one sealed envelope super scribed as:

“RFP for E- Procurement Solution for MPLUN”

Which should in turn contain two sealed envelopes super scribed as;

Earnest Money Deposit, Qualification bid & Technical Bid Envelope ‘A’

Commercial bid Envelope ‘B’

Each page of the commercial bid has to be initialed by authorized official along with

the Company seal.


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I. Envelope ‘A’

The Envelope ‘A’ should contain following three envelop:

Envelope “a” for EMD: Earnest Money Deposit (EMD) of ₹500000/- (Rupees Five

Lakhs only)which should be submitted through DD drawn in favor of MADHYA

PRADESH LAGHU UDYOG Nigam Ltd. (Note: The EMD will not carry any interest)

Envelope “b” for QC: The qualification bid form as per Annexure – I, shall be made

on the letter head of the bidder’s company, duly signed by authorized official along

with the company seal.The bidder should enclose brochures and information hand-

outs pertaining to the system as per Annexure–I

Envelope “c” for Technical Bid: Technical Bid form as per Annexure-II and other

documents sought along with the technical bid. The bidder should enclose

brochures and information hand-outs pertaining to the system along with the

technical bid.

Evaluation will be done as per the criteria mentioned in Annexure – IV

The technical bid should provide detailed information covering the following

Description of the proposed solution

Bidders should provide detailed description of the proposed solution architecture

and components aimed at meeting the requirements covering:

Description of the proposed solution

Description of the proposed solution architecture

Security standards

Bidder should include the cost of all software/add-ons that may be required

for the implementation of the solution in their bid.

Bidder should provide the detailed specifications of the hardware it will use

to host the proposed solution for MPLUN at State Data Center.

Experience of the Firm

Bidder should provide detailed information of existing clientele and description of

similar implementation done for Govt. Organizations/ PSUs/ Banks or a large

corporate entity covering

Project scope, duration, client profile, references

Description of the solution architecture


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Usage of Security standards

Methodology, Work plan

Implementation Approach, best practices proposed

Project organization and management structure

Project Plan

Deliverables

Testing methodology

Post go-live support

Training and Change Management

Training methodology

User documentation, System documentation

II. Envelope ‘B’

This envelope should contain duly filled Commercial bid as per Annexure– III which

shall be on the letter head of the bidder’s company, duly signed by authorized

official along with the company seal.

11. PLACE OF SUBMISSION:

The tender offer as indicated above should be addressed to Madhya Pradesh Laghu

Udyog Nigam Limited (MPLUN) and should be deposited in the tender box kept at

the following address:-

MADHYA PRADESH LAGHU UDYOG MPLUN LTD.

1st FLOOR, PANCHANAN BHAWAN

MALVIYA NAGAR BHOPAL

E-mail: [email protected]

Tender should be submitted on or before the date and time specified below. MPLUN

will not be responsible for delay of submission of the tender document under any

circumstances. MPLUN shall not be responsible for delayed delivery or non-delivery

of tender that are send by post. If the last date for submission of tender is declared a

holiday by the authorities then the tender can be submitted on the next working day

before 03.00 PM.

Last Date of submission of Tender Bids 01.05.2018 till 2.00 PM


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The Tendering Authority may, at its discretion, extend this deadline for submission of

bids, in which case all rights and obligations of the Tendering Authority and

TENDERERS subject to the deadline will thereafter be subject to the deadline as

extended.

Note: (i) Bids may be sent by registered post/speed post/courier or hand delivered so

as to be received at the address indicated in Tender Notice in the name of the

Managing Director, Madhya Pradesh Laghu Udyog Nigam Limited.

(ii) Bids received after due date and time will not be accepted by Madhya Pradesh

Laghu Udyog Nigam Limited under any circumstances. The bidder shall ensure that

their bid is received by the concerned officer before the date & time fixed for receipt.

12. LATE BIDS

Any bid received by the Tendering Authority after the deadline for submission of

bids prescribed, will be rejected and/or returned unopened to the Bidder.

13. WITHDRAWAL OF BIDS

The Bidder may withdraw its bid after the submission, provided that written notice

of the withdrawal is received by the Tendering Authority prior to the deadline

prescribed for submission of bids.

No bid may be withdrawn in the interval between the deadline for submission of

bids and the expiration of the period of the bid validity specified by the Bidder on

the Bid Form. Withdrawal of a bid during this interval shall result in the Bidder’s

forfeiture of its bid security.

14. SCRUTINY OF THE BID

Preliminary scrutiny will be made to determine whether the bids are complete,

whether any computational errors have been made, whether required EMD has

been furnished, whether the documents have been properly signed, and whether

the bids are generally in order. Prior to the detailed evaluation, the Tendering

Authority will determine the substantial responsiveness and eligibility/qualification

of each bidder. For purposes of these clauses, a substantially responsive bid is one,

which conforms to all the terms and conditions of the bidding documents without

material deviations and where the bidder is qualified or eligible (as per terms of this

tender) to bid. If a bid is not substantially responsive, it will be rejected by the

Tendering Authority and may not subsequently be made responsive by the bidder by


32

correction of the non-conformity. Techno Commercial bid shall be evaluated in three

sub-steps:

1. The documentation furnished by the SI will be examined prima facie to see if the

technical skill base, delivery capability and financial capacity and other SI

attributes claimed therein are consistent with the needs of this project.

2. The Tendering Authority may ask the TENDERERS for additional

information,technical presentation, visit to vendor’s site and/or arrange

discussions with their professional, technical faculties to verify claims made in

techno commercial bid documentation. If it is found that the documents

submitted by the bidder are not compatible with the actual situation at site, or if

the document supplied by the bidder are found to be fraudulent or

misrepresenting the facts, it will render the bidder ineligible for further

participation in the tender process. The decision of the Tender Committee in this

regard is final and binding on the bidder and cannot be challenged.

3. The Tendering Authority will require those bidder who have qualified up to this

stage to make a detailed presentation and mock live trial run of the proposed

solution. The Technical Approach Paper of the bidder enclosed to the bid

document will be the basis for this. bidder may be given dummy tenders to be

processed and demonstrated live online in presence of the tender committee

The bidders shall seal the Envelope ‘A’ consisting of EMD, PQC and Techno

Commercial offer.Envelope ‘B’ consisting Price offer, duly marking the envelopes as

Envelope ‘A’EMD and Techno Commercial Envelope" and " Envelope ‘B’, Price

Envelope". The inner and outer envelopes shall be addressed to The Managing

Director, Madhya Pradesh Laghu Udyog Nigam Limited at the address mentioned in

the Tender Notice. The TWO envelopes will be placed in an outer envelope. The

outer envelope should be super scribed name and address of the Bidder on which

the envelope to be returned unopened in case it is declared "late".

If the outer envelope is not sealed and marked, the Tendering Authority will assume

no responsibility for the Bid's misplacement or premature opening.

Telex, cable or facsimile bids will be rejected.

The duplicate bids should be sealed in the same manner super scribed "DUPLICATE”


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15. OPENING OF QUALIFICATION BID

The tenders shall be evaluated by the Tender Committee constituted by tendering

authority. The decision of the Tender Committee in the evaluation of the Techno

Commercial and Price bids shall be final.

The Tendering Authority shall open the bids as per the schedule. In the event of the

specified date of Bid opening being declared holiday for the Tendering Authority, the

Bid shall be opened at the appointed time and location on the next working day.

Firstly, the envelope “a”of Envelope “A” shall be opened and the Earnest Money

Deposit shall be verified.Envelope “b” of Envelope “A” shall be opened and QC

(Qualification) will be verified, those who fulfill above criteria for them envelope “c”

of Envelop “A” i.e. Technical bid will be opened.The Techno – Commercial envelope

and the Price Bid envelope of the bidder who have not submitted appropriate

Earnest Money Deposit shall be disqualified and returned back to the respective

bidder unopened. The opened techno commercial bids will be listed for further

evaluation. The Bidder’s names, bid modifications or withdrawals, the presence or

the absence of requisite bid security and such other details as the Tendering

Authority, at his discretion, may consider appropriate, will be announced at the time

of opening. No Bid shall be rejected at the opening, except for late bids, which shall

be returned unopened to the bidder. The financial bid covers shall be listed and put

into a bag and sealed. The sealed bag of financial bids shall be in custody of a

designated officer and the financial bids will not be opened till the completion of

evaluation of technical bids. The date of opening of commercial bid will be

communicated to the technically qualified bidders. Bids will be opened in the

presence of bidder’s representatives, who choose to attend. The bidder

representatives who are present shall sign a register evidencing their attendance

and authorization. Bids that are not opened and read out at bid opening shall not be

considered further for evaluation, irrespective of the circumstances. Withdrawn bids

will be returned unopened to the bidder


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16. PROCEDURE FOR PROCESSING THE TENDER DOCUMENT

TECHNICAL EVALUATION: The Technical Evaluation shall be based on the

information furnished by the bidder in the technical bid as per Annexures, the

presentation, and mock trials. In case any of the information is not made

available as per the format provided, the Committee may consider further

insertions and clarification to elaborate information provided by bidders.

The envelope containing Technical Proposals of only those bidders, whose Bid

Security is in order and who qualify in qualification evaluation, shall be opened

for technical evaluation. The bids will then be passed on to a Technical Evaluation

Committee (the “Committee”) of MPLUN for evaluation. The evaluation of the

Technical bids will be carried out in the following manner:

The bidders' technical solution proposed in the bid document is evaluated as per

the requirements specified and adopting the evaluation criteria spelt in the RFP.

The Bidders are required to submit all required documentation in support of the

evaluation criteria specified in the RFP.

Proposal Presentations: The committee shall invite each bidder to make a Demo

of the proposed e- Procurement solution to the MPLUN at a date, time and

venue to be intimated later in due course. The purpose of such demonstration

would be to allow the bidders to present the functionality and security features

in their proposed solutions to the committee and the key strengths of their

solution.

The Technical Evaluation Committee may seek written clarifications from the

bidders. The primary function of clarifications in the evaluation process is to

clarify ambiguities and uncertainties arising out of the evaluation of the bid

documents. Oral clarifications provide the opportunity for the committee to

state its requirements clearly and for the bidder to more clearly state its

proposal. The committee may seek inputs from their professional, technical

faculties in the evaluation process.

Depending on the evaluation criteria mentioned in the RFP, each Technical Bid

will be assigned a technical score(As per Annexure IV) out of a maximum of 100

points. Only the bidders, who score a Technical score of 70 (Seventy) or more,

will qualify for the Commercial bid evaluation. Evaluations will be based on the

proposals, and subsequent clarifications, if any on the proposals requested by

the MPLUN. Following points will also the part to complete the evaluation

process


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1. CLARIFICATION OF TECHNICAL BIDS:During evaluation of bids, the Tendering

Authority may, at its discretion, ask the Bidder for a clarification of its bid. The

request for a clarification and the response shall be in writing and no change in

prices or substance of the bid shall be sought, offered or permitted No relative

positions will be given and the committee will decide only according to

requirement and its fulfilment.

2. Envelope ‘B’ containing Commercial bids would be opened of only those bidders

who have been short-listed.

3. Any commercial bid incomplete in any respect or deviating from the specified

format would not be considered. If there is a discrepancy between the sum of

line items and the total price in the commercial bid, the sum of line items shall

prevail and MPLUN shall correct the total price.

4. If the bidder does not accept the correction of errors, the bid shall be rejected.

5. This procedure is subject to changes and the procedure adopted by MPLUN for

opening the tender shall be final and binding on all the parties.

COMMERCIAL EVALUATION:

To arrive at the lowest price, the following formula will be used, wherein, the

tentative annual numbers are assumed purely for evaluation purpose and actual

numbers may vary: refer Annexure III

Commercial Score = (Quoted price x a) + (Quoted price x b)

a. Tender processing, Portal registration and Finalization of rate. (Tentative

Annual Registration Number= 160)

b. Contract Management and Indent processing fee.(Tentative Annual Indents

Number =500)

COMBINED TECHNICAL & COMMERCIAL EVALUATION

1. A composite weightage shall be calculated for those bidders whose bids are

found to be in order. The weightage for the composite evaluation is as described

below:

Technical – 70%

Commercial – 30%

2. Bidder with the highest composite score (Technical & Commercial– TS x 0.70 + CS

x 0.30) will be called for the contract. In case of a tie in the overall score, bidder

with the superior technical score will be invited for negotiations first. The highest

composite score will be calculated upto 4 decimal place


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3. Commercial Scores for all the bidders will be evaluated using the following

formula:

Commercial Score of a Bidder (CS) = (Price Bid of L1/Price Bid of the Bidder) X

100 % (adjusted to 4 decimals)

17. NEGOTIATIONS, CONTRACT FINALIZATION AND AWARD

Under exceptional circumstances, the MPLUN reserves the right to negotiate with

the bidder(s) whose proposal has been ranked Best Value Bid by the committee on

the basis of Combined Technical and Commercial Evaluation to the proposed e-

Procurement Project. A contract will be awarded to the responsible, responsive

bidder whose proposal conforms to the RFP and is, in the opinion of the MPLUN, the

most advantageous and represents the best value bid to the proposed e-

Procurement Project, technical, price and other factors considered.

18. ASSUMPTIONS AND EXCLUSIONS

The bidder should state clearly the assumptions and exclusions based on which he is

bidding for the Contract.

19. REVISED COMMERCIAL BIDS

Should there be any changes in the terms and conditions of the tender pursuant to

the negotiations during the evaluation of the technical bids, which are likely to

impact on the financial bids, it shall be competent for the Tendering Authority to

seek revised commercial bids in sealed covers ONLY from those Tenderers cleared

technically by the committee. While seeking such revised financial bids, the

committee shall give reasons justifying the need for such a course of action.

20. APPLICABILITY OF THE RATES

The rates quoted shall be valid for any new e-tendering services that may be

introduced in future.


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21. PERFORMANCE SECURITY

The success full bidder will be required to submit performance security worth

₹1000000/- (Ten Lakhs) in form of bank guarantee valid for 64 months including

revocation period of 4months.The performance security will be valid during the

period of contract. Failure of the successful bidder to sign the contract, proposed in

this document (Conditions of Contract) and as may be modified, elaborated or

amended at through the award letter, shall constitute sufficient grounds for the

annulment of the award and forfeiture

of the earnest money deposit, in which event the Tendering Authority may make the

award to another bidder or call for new bids.

22. CONTRACT PERIOD

The agreement with the successful SI shall be valid for 5 years on exclusive basis. The

commencement of period shall be from the date of Go-live

23. FORFEITURE OF E.M.D.

The EMD made by the tender bidder will be forfeited if the bidder

1. Withdraws the tender bid after acceptance by MPLUN; or

2. Withdraws the tender bid before the expiry of the validity period of the tender;

or

3. Violates any of the provisions of the terms and conditions of the tender.

4. Or in case of a successful bidder, if the bidder fails to furnish the SLA and/or PBG

in accordance with terms and conditions of the tender document.

24. REFUND OF E.M.D.

1. EMD is refundable to unsuccessful bidders after completion of tender process i.e.

after declaration of successful bidder of the tender process.

2. EMD of the successful bidder shall be refunded after furnishing PBG of Rs

1000000/- in the form of Bank guarantee and/or execution of SLA.

25. REJECTION OF TENDERS

The tender is liable to be rejected due to any of the following reasons:-

1. If it is received after the expiry of the due date and time.

2. If it is not received in sealed condition.


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3. If the bid is conditional.

4. If it is not in conformity with the instructions mentioned herein.

5. If it is not properly signed by the tender bidder as required.

6. If it is incomplete including non-furnishing of the requisite documents.

7. Any billing linked to MPLUN’s assets and / or revenue will disqualify the bidder.

MPLUN reserves the right to reject any or all the tender received in response of this

RFP without assigning any reasons whatsoever and the decision of MPLUN would be

final and binding and no communication would be entertained in this regard.

26. VALIDITY OF TENDERS

Tender prices should be valid for acceptance for a minimum period of 180 (One

Eighty Days) days from the date of bid opening prescribed by MPLUN. Offers with

lesser validity period are liable for rejection.And for a further period of “one month”

as an exigency for any unforeseen delay in evaluation and award of contract to the

successful Bidder from the closing date for submission of the bids.

27. USE OF CONTRACT DOCUMENTS AND INFORMATION

The bidder will treat as confidential all data and information about the Tendering

Authority, obtained in the execution of his responsibilities, in strict confidence and

will not reveal such information to any other party without the prior written

approval of the Tendering Authority.

The bidder shall not, without the Tendering Authority’s prior written consent,

disclose the Contract, or any provision thereof, or any specification, plan, drawing,

pattern, sample or information furnished by or on behalf of the Tendering Authority

in connection therewith, to any person other than a person employed by the SI in

performance of the Contract. Disclosure to any such employed person shall be made

in confidence and shall extend only as far as may be necessary for purposes of such

performance. Any document, other than the Contract itself, shall remain the

property of the Tendering Authority and shall be returned (in all copies) to the

Tendering Authority on completion of the SI’s performance under the Contract if so

required by the Tendering Authority. The SI shall permit the Tendering Authority to

inspect the documentation and records and website


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28. SERVICE LEVEL AGREEMENT (SLA) AND PENALTY

The successful bidder will sign a Service Level Agreement (SLA) with MPLUN and

submit a Deed of Indemnity within 15 days after accepting the Purchase Order. SLA

and Deed of indemnity should be submitted in the format given in Annexure–

VII&Annexure–IX respectively. MPLUN reserves the right to amend/ modify / delete

all or any of the terms set out in the said draft Agreement.

The time-schedule for initial customization and each event thereafter is given as

follows:

S. No. Particulars Delivery Schedule

1 Customization of the e-Procurement Portal for MPLUN (e-tender, Reverse/forward auction), complying with MPLUN’s technical and functional requirements and handing over this platform to MPLUN for conducting an e-tender/auction events.

90 days from date of acceptance of Purchase Order

2 Provision of error file, log file and other MIS as needed by MPLUN after each tender event.

7 days from end of each tender event.

3 Submission of RCA (Root Cause Analysis) report for failed events due to technical issues at Bidder’s end.

3 days from end of each tender event.

Note: - Once the solution is configured and provisioned as per MPLUN requirement a

sample case will be tested for the entire e-Procurement process and the solution will

be rolled out for operation/use.

No charge will be paid for an event that is cancelled due to any technical fault/

failure on part of the Selected Bidder (including connectivity to the bidder’s

portal/data center /servers etc.). Additionally, a flat penalty of 10% of the ‘per Event

cost’ will be levied for each of the cancelled events. If the event is cancelled by

MPLUN, no penalty will be levied. MPLUN will be solely entitled to declare

‘cancellation’ of an event and to categorize it as a failure due to technical

fault/failure on part of the Selected Bidder.


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29. PERFORMANCE BANK GUARANTEE (PBG):

The successful bidder will provide Bank Guarantee to MPLUNfor Rs 1000000/- for

performance warranty within 15 days after accepting the Purchase Order.

Performance bank guarantee should be submitted in the format given in Annexure-

VIII. MPLUN reserves the right to amend/ modify/ delete all or any of the terms set

out in the said draft agreement.

The PBG should remain valid for a period of 64 months including revocation period

of 4 months.

30. GENERAL TERMS

1. This tender document is not transferable.

2. MPLUN reserves the right to:

a. Accept/Reject any or all of the tenders submitted by vendors, without

assigning any reasons thereof.

b. Not purchase any or all the equipment’s without assigning any reasons

thereof.

c. Increase or decrease the quantities at the time of placing the order without

changes in the rates quoted by the vendor.

d. Add, modify, relax or waive any of the conditions stipulated in the tender

wherever and whenever deemed necessary.

31. AUTHENTICATION OF BID:

The original and all copies of the bid document shall be signed by a person / persons

duly authorized to bind the bidder to the contract. The person/persons signing the

bid document shall initial all pages of the bid document, including pages where

entries or amendments have been made

Note: The pages should be serially numbered with index and spirally bound or

securely fastened. Bids submitted as loose sheets may be rejected as non-compliant.


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32. PRICE:

All costs (or price) and charges related to the bid shall be quoted in Indian Rupees(₹)

1. The contract shall be awarded on Lump Sum (Firm, Fixed Price) basis.

2. The vendors should quote only the base price. All applicable taxes / Octroi will be

paid as actuals. Octroi charges would be paid, wherever applicable and would be

reimbursed on production of actual documents.

3. There shall be no escalation in the prices once the prices are fixed and agreed by

the corporation and the vendors. But, any benefit arising out of any subsequent

reduction in the prices due to reduction in duty & taxes after the prices are fixed

and before the agreement should be passed on to MPLUN.

4. The prices should be valid for minimum 180 days from the date of RFP

submission.

5. There shall be no increase in price for any reason whatsoever and therefore no

request for any escalation of the cost /price shall be entertained. But, any benefit

arising out of any subsequent reduction in the prices due to reduction in taxes

should be passed on to the Company.

33. DELIVERY SCHEDULE & PAYMENT TERMS:

1. The payment will be made on monthly basis for all the e-Procurement event

conducted during this period on submission of all required document e.g. Letters

of completion of e-Procurement event, original bill/invoice, solution Uptime

Report etc.

Note: - Each tender will be considered as an event.

2. The contract shall be deemed as incomplete if any event is not completed within

the stipulated time period or the event is not successfully completed in the

manner as specified by MPLUN or if any act/event/incident (including legal) takes

place which can be directly or indirectly attributed to the bidder, which results in

any delay / non-completion of an event or which results in a reputational or

other loss to MPLUN.

34. TERMINATION OF CONTRACT

MPLUN shall have the unilateral right to terminate any contract(s) formed between

MPLUN and the successful bidder(s) by giving thirty (30) days written notice.


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Termination may result from non-performance, product quality, failure to meet

warranty/service commitments, inadequate technical expertise, business failure, etc.

Following are the reason (this is not limited to) to terminate the tender in whole or

part

1. If the bidder fails to deliver any or all of the services within the period(s) specified

in the Contract,

2. If the bidder fails to perform as per the performance standards.

3. If the bidder, in the judgment of the Tendering Authority has engaged in corrupt

or fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

“Corrupt practice” means the offering, giving, receiving or soliciting of anything

of value to influence the action of a public official in the procurement process or

in contract execution.

“Fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a Contract to the detriment

of the Tendering Authority, and includes collusive practice among TENDERERS

(prior to or after bid submission) designed to establish bid prices at artificial non-

competitive levels and deprive the Tendering Authority of the benefits of free

and open competition

35. CONSEQUENCES OF TERMINATION

In Circumstances mentioned above the Tendering Authority may forfeit the

performance bank guarantee and ask to provide all the e-tender data processed by

the bidder to fulfil the obligations of the contract executed by the bidder

36. SUB-CONTRACTING

The successful vendor will not, without the written consent of Madhya Pradesh

LaghuUdyog Nigam Limited (MPLUN), make any assignment or sub-contract for the

provision of any services hereby bid on.

37. ADDENDUM/CORRIGENDUM

The vendors are advised to regularly check the MPLUN website

(https://mperocurement.com) for addendum/corrigendum, if any, to be published

only on this website.


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38. INSPECTION BY THE CORPORATION OFFICIAL

MPLUN’s representatives shall have free access to the selected bidder’s work

premises at any time during working hours for the purpose of inspecting the

selected bidder ‘s facilities if necessary, to satisfy itself about the selected bidder’s

capability. The successful bidder shall provide the necessary facilities for such

inspection.

The solution/system may be verified/tested by the Corporation officials to check

whether the compliance on all the technical & functional criteria are fully satisfied;

This would be done after the technical evaluations of this tender, but before the

opening of the commercial bids.

39. VIOLATIONS BY SELECTED BIDDER

The selected bidder may be blacklisted for future bidding process in case serious

violations are observed and MPLUN’s decision in this matter will be final and binding

on the bidder.

40. SPECIAL CONDITION

1. Vis a Vis e-TENDERERS:

a. The bidder shall not refuse registration/facility for E-bidding to any

prospective TENDERERS.

b. Bidder will have to advise TENDERERS for e-tender to obtain e-sign/digital

signatures for their authorized signatories at the cost of the TENDERERS.

2. Vis a Vis Madhya Pradesh Laghu Udyog MPLUN Limited:

The SI shall be responsible for owning and maintaining all hardware, software,

security, backup and disaster management practices in consonance with the

state of the art products and services in respective fields.

a. It shall make the e-tendering portal available to Madhya Pradesh Laghu

Udyog Nigam Limited for direct work on the portal by Madhya Pradesh Laghu

Udyog Nigam Limited or other officers of state agencies for handling

processes pertaining to tenders like – Create & Post Tender Notices, make

short list of TENDERERS for limited tenders and Create Invitation Letters, E-

mails, Upload Tender Documents, Conduct Opening Events, request for

Reports, Authorise different personnel of their organization for conducting

specific activities pertaining to their Tenders.


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b. Madhya Pradesh Laghu Udyog Limited decides various configurable aspects

of the Tendering Policy on the ET portal to be compatible with Madhya

Pradesh Laghu Udyog Limited’s requirements. Madhya Pradesh Laghu Udyog

Limited shall be required to own only desktops with appropriate internet

connectivity to avail the tendering services.

c. The SI shall indemnify Madhya Pradesh Laghu Udyog Limited in case of any

loss to e-TENDERERS caused due to their negligence or deficiency or disputes

with the e- TENDERERS in relation to service provided by the SI to the e-

TENDERERS.

d. The SI shall have no say or role in the decision making process adopted by

Madhya Pradesh Laghu Udyog Limited for invitation and consideration of

tenders.

e. The SI shall be provided access to Madhya Pradesh Laghu Udyog Limited

database containing information available on State Govt. website or sought

to be put therein for public viewing.

f. The SI shall have authority to make use of this information taking full

responsibility for completeness or correctness of information if further

processed by SI.

g. The SI shall be responsible to make available/transfer information and data

relating to E-tenders to Madhya Pradesh Laghu Udyog Limited in accordance

with the information needs of Madhya Pradesh Laghu Udyog Limited in

formats to be mutually finalized.

3. Offer for agreement

After the evaluation of all Proposals by the evaluation team, offer for

agreement will be given to the successful bidder whose proposal meets the

requirements of the tender to the satisfaction of Madhya Pradesh Laghu Udyog

Limited.

4. Signing of Contract

The SI shall be required to enter into a formal contract (Annexure- XIV) with the

Madhya Pradesh Laghu Udyog Nigam Limited within 15 days of the award of the

agreement or within such extended period as may be specified by the Madhya

Pradesh Laghu Udyog Nigam Limited. This contract shall be on the basis of this

document, the proposals of the SI, and such other terms and conditions as may

be mutually determined by the Madhya Pradesh Laghu Udyog Nigam Limited to

be necessary for the due performance of the work.

5. PAYMENTS TO THE SUCCESSFUL TENDERERS

No payment will be made to SI towards development, implementation and

commissioning of the portal and related software and hardware.


45

All payment will be made to MPLUN by the vendors and the MPLUN on monthly

basis will make payment to the SI in the manner defined in FINANCIAL MODEL,

after verification and reconciliation of the services provided by the SI.

6. TERMINATION OF CONTRACT

Either party to the contract may terminate the contract by giving 3 months’

notice.

7. PERIOD REQUIRED FOR MAKING SERVICES FULLY FUNCTIONAL

THE SI shall make the services fully functional within 60 days of signing of the

contract.

8. Methodology

The methodology and process for identification of successful bidder shall be as

under:-

a. Invitation of offers, submission of techno commercial bids and price bids

simultaneously and opening of techno commercial bids.

b. Evaluation of techno commercial bids

c. Mock trial run of the e-tendering solution offered by the SI selected on the

basis of contents of techno commercial envelope for testing and functional

evaluation of the system.

d. Opening of price bids.

e. Signing of agreement with the successful SI including service level agreement.

9. DELAYS IN THE TENDERER’S PERFORMANCE

Delivery of the e-tender solutions and performance of the Services shall be made

by the SI in accordance with the time schedule specified by the Tendering

Authority. It is expected that the successful Tenderer submits his detailed plan of

implementation covering various activities involved within 2 weeks from the date

of assigning tender event for e-tendering of contract. After approval of the draft

e-tender process by the designated authority the actual process of electronic

tendering should be initiated within two days. If at any time during performance

of the Contract, the SI should encounter conditions impeding timely delivery of

the Goods and performance of Services, the SI shall promptly notify the

Tendering Authority in writing of the fact of the delay, its likely duration and its

cause(s). As soon as practicable after receipt of the SI’s notice, the Tendering

Authority shall evaluate the situation and may, at its discretion, extend the SI’s

time for performance with or without a penalty, in which case the extension shall

be ratified by the parties by amendment of the Contract.


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10. PENALTY FOR DELAY IN PROVIDING E-TENDER SOLUTION

The SI shall adhere to the time schedule indicated in Tender notification for

completion of the Project. He shall complete process and shall commence tender

event within specified period from the date of approval by the designated

authority. In case of delay in execution of the project, a penalty calculated at the

rate of ₹ 2000 per day of delay will be levied. The maximum penalty shall be

limited to ₹ 10,00,000/-. Once the maximum is reached, the Tendering Authority

may consider termination of the contract.

11. PENALTY FOR SHORTFALL IN PERFORMANCE LEVELS:

The prescribed uptime of the systems shall be 99% computed on an e-tender

event basis. For the shortfall below 99% a penalty of ₹ 2,000/- per e-tender event

or ₹ 5000 per day whichever is less shall be payable by the SI within 7 days. If SI

fails to deposit penalty charges with the Madhya Pradesh Laghu Udyog Nigam

Limited, the penalty shall be recovered by forfeiting performance bank

guarantee. For calculation of penalties such down time shall not be considered

for which the SI is not responsible. Before imposing any penalty the Purchaser

will give opportunity to the SI to represent his case. The vendor has to maintain

performance levels as given.

LOG BOOK for downtime: This Log Book will be an inbuilt process in the software

and the system itself will generate a report regarding breakdown and uptime

taken. The Log Book will captures details report of uptime including the details of

the events. The terms & condition for the log book will be discussed once the SI

in on boarded.

12. BINDING CLAUSE

All decisions taken by the Tendering Authority regarding the processing of this

tender and award of contract shall be final and binding on all parties concerned.

The Tendering Authority, reserves the right: -

a. To vary, modify, revise, amend or change any of the terms and conditions

mentioned above; or

b. To reject any or all the tender/s without assigning any reason whatsoever

thereof or to annual the bidding process and reject all bids at any time prior

to award of contract, without thereby incurring any liability to the affected

bidder(s) or any obligation to inform the affected bidder(s) of the grounds for

such decision.

13. CONDITIONAL TENDERS:

Conditional tenders shall be summarily rejected.


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14. INTERPRETATION OF THE CLAUSES

In case of any ambiguity in the interpretation of any of the clauses in Tender

Document or the Contract Document, the Tendering Authority’s interpretation of

the clauses shall be final and binding on all parties.

15. DUTIES OF Madhya Pradesh Laghu Udyog Nigam Limited

a. To avail the services for e-bidding during the period of agreement only from

the chosen SI

b. The Managing Director, Madhya Pradesh Laghu Udyog Nigam Limited to act

as the governing body that will oversee the implementation of the E-tender

solution across all offices of Madhya Pradesh Laghu Udyog Nigam Limited for

all tenders with estimated value in excess of ₹ 10 lacs. In this respect, Madhya

Pradesh Laghu Udyog Nigam Limited and SI will agree an implementation

schedule not exceeding 30 days. C. Introduce process and regulatory changes

to facilitate easy and effective execution of E-tendering processes.

c. Ensure that suppliers are instructed to use the E-tender channel as far as

possible to transact with Madhya Pradesh Laghu Udyog Nigam Limited and

that TENDERERS either use the SI’s or MPLUN’s electronic payments gateway

to pay to MPLUN or else ensure that manual payment is made to MPLUN in

the required form at the time of tender download.

d. MPLUN shall make payments to the SI every month for successful services

provided after verification.

e. Obtain digital certificates for its officers or procure the same from the SI at

best available market price.

16. SOFTWARE PRODUCTS WARRANTY required to furnish the following Warranty –

The SI warrants that the Systems/Licenses supplied under the Contract are the

latest version and that these incorporate all recent improvements in design and

materials as per industry norms and standards.

The SI also warrants that all products form part of the producers’ current product

lines that have been previously released to the market and all standard software

products have been in use for at least three months. The warranty should include

that the Systems supplied under the Contract shall have no defect, arising from

design or workmanship or from any act or omission of the part of SI that may

develop under normal use of the SI’s Systems. The SI shall specify normal

operating environmental conditions in the offer.

Madhya Pradesh Laghu Udyog Nigam Limited shall promptly notify the SI in

writing of any claims arising under this warranty. Upon receipt of such notice the

SI shall and with all reasonable speed repair or replace the defective Systems


48

without costs to Madhya Pradesh Laghu Udyog Nigam Limited and within time

specified and acceptable to Madhya Pradesh Laghu Udyog Nigam Limited.

If the SI having been notified fails to remedy the defect(s) within the specified

period, Madhya Pradesh Laghu Udyog Limited may proceed to take such

reasonable remedial action as may be necessary at the SI’s risk and expense and

without prejudice to any other right which Madhya Pradesh Laghu Udyog Nigam

Limited may have against the SI under the Contract.

During the Comprehensive Warranty period the SI will provide all product(s) and

documentation updates, patches/fixes, version upgrades and new software

version releases within 30 days of their availability and should carry out

installation and make the same operational at no additional cost to Madhya

Pradesh Laghu Udyog Nigam Limited.

The SI hereby represents and warrants that the Software as delivered does not

and will not infringe any Intellectual Property Rights held by any third party and

that it has all necessary rights or at its sole expense shall have secured in writing

all transfers of rights and other consents necessary to make the assignment

licenses and other transfers of Intellectual Property Rights and the warranties set

forth in the Contract and for Madhya Pradesh Laghu Udyog Nigam Limited to

own or exercise all Intellectual Property Rights as provided in the Contract and

shall indemnify Madhya Pradesh Laghu Udyog Nigam Limited for any

infringement thereof. Without limitation the SI shall secure all necessary written

agreement consents and transfer of rights from its employees and other persons

or entities whose services are used for development of the Software. Without

prejudice to the warranties given for individual Products or Services the SI hereby

warrants to Madhya Pradesh Laghu Udyog limited that

a. The Systems represent a complete integrated solution meeting Madhya

Pradesh Laghu Udyog Nigam Limited’s requirements and will provide the

functionality and performance as per the terms and conditions under the

contract. The SI shall accept responsibility for the successful implementation

and integration of all the Products under the total solution provided under

the Contract;

b. The System’s specifications capabilities and performance characteristics

should be as per the contract;

c. The SI will be responsible for warranty services from subcontracted third

party producers or licensers of Products included in the systems; and


49

d. The SI unconditionally undertakes to ensure the maintenance of the

acceptance criterion/standards in respect of the systems during the warranty

period.

e. SI should ensure the preservation of the data/documents for a

f. Reasonable time say not less than six months from the date of tender

opening.

g. SI should ensure that all the software used should be licensed and Hardware

used should be of reputed OEM.

17. PURCHASE OF E-TENDERING SYSTEM

Tenderer should also quote the selling price of e-Tendering system to MPLUN

after completion of its 5 years at depreciated value.


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Annexure-I

QUALIFICATION CRITERIA

This invitation for bids is open to all firms /TENDERERS who are eligible to do

business in India under relevant Indian laws as is in force at the time of bidding

except those who have been declared by any agency of the Government of Madhya

Pradesh and other Government to be ineligible to participate for corrupt, fraudulent

or any other unethical business practices during the period for which such

ineligibility is declared.

QC1.The Bidder should be registered in India as a

partnership/proprietorship/Company under the Companies Act (2013), with

registered office in India in existence for at least five (5) years as on

31.03.2017.(Required Certificate/Documents to be attached)

QC2.The Bidder should have minimum annual average turnover of ₹ 15.00 crores

from IT/ICT/ITeS services in the last three financial year (i.e. FY 2014-15, 2015-16,

and 2016-17). The turnover should not be of any corporate / group/Joint Ventures/

affiliated / associate /consortium partner. (The Bidder should submit audited Profit

&Loss Statement Balance Sheet for the last three financial yeari.e. 2014-15, 2015-16,

and 2016-17).

QC3.Bidder should have a minimum net worth of ₹ 5 Crores.

QC 4.Formation of Joint Venture or Consortium is not permitted.(Self-Declaration to

be attached)

QC 5.The bidder should submit a single purchase order for e-Procurement with

Order Value of minimum ₹ 80 Lakhs or more in any of the immediate preceding

three years as on Bid Submission date or the bidder should have successfully

executed e-procurement solutions for at least 25000 events in last two years with

performance statement and proof of having commissioned the system in at least

two private sector / Central or State Government departments or bodies / Public

Sector Undertakings (PSU)/ Public Sector Enterprises (PSE)/ Banks in India/Private

Organization /Statutory Body. (Self-Declaration as per the Annexure-VI to be

attached)


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QC 6.The Bidder should have successfully executed E-Procurement software/

solution for at least 3 organizations for Central or State Government departments /

Public Sector Undertakings (PSU)/ Public Sector Enterprises (PSE)/ Banks in India /

Private Organization /Statutory Body during the last 3 financial years. (Work

order/Purchase order and Completion certificate from client for each project to be

attached)

QC 7.The Bidder should be an ISO/IEC 27001:2013 and ISO

9001:2008certifiedcompany. (Certificate to be attached)

QC 8.The Bidder should be a SEI – CMM Level 3 / CMMI (Capability Maturity Model

Integration) Level 3 or above certified company. (Certificate to be attached)

QC 9.Solution should be PKI enabled and should support industry standard

encryption algorithm conforming to IT Act 2000 and amendment/s(2008), thereof.

The bidder should provide Security Audit Certificate; the audit should have been

conducted either by STQC(Standardization Testing and Quality Certification) or any

CERT-IN empanelled Auditor/s during last one year. And the Tenderer should submit

an Undertaking to get the E-Procurement and E-Business System certified from

STQC, Ministry of Information Technology, and Government of India or by any of the

certified CERT-IN empanelled Auditors that the Tenderer’s solution meets technical

specifications. (Certificate to be attached)

QC 10.The bidder should not have been blacklisted or barred or terminated by any

department or undertaking of the Central or State Government of India/ Public

Sector Undertakings (PSU)/ Public Sector Enterprises (PSE)/ Banks. The bidder has to

provide an undertaking on the official letter-head of the company that it has not

been blacklisted by Central or State Government departments / Public Sector

Undertakings (PSU)/ Public Sector Enterprises (PSE)/ Banks in India. (Self-Declaration

as per the Annexure-V to be attached)

QC 11.The bidder must provide at least one client reference, including the name and

telephone number of a contact person whom the Corporation may call. (Details to

be provided in Qualification Bid form in annexure-I)

QC 12.The bidder should have at least 100 IT professional on its roll and should have

one service center in Bhopal/MP, with minimum 5 IT professional on rolls (Annexure

– X– to be certified by C.A.) OR should undertake to open an office at Bhopal with


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minimum 5 employees. Letter to this effect duly authenticated by the notary should

be enclosed.

QC 13.A notarized affidavit stating undisputed ownership of the intellectual property

and source code for the E-Procurement and E-Business System and confirming that

no dispute/litigation is pending with respect to the intellectual property rights. Only

those bidders shall be considered eligible who have the E-Procurement and E-

Business System as their OEM Product.

QC 14. Letter for acceptance of all Terms and Conditions of the tender document.-

Annexure XII and Power of Attorney in favor of the person(s) signing the bids.

QC 15. The Bidder should have implemented at least one solution in last three (3)

years (2014-15, 2015-16, and 2016-17 ) in e-auction/ reverse e-auction for the

Central or State Government departments / Public Sector Undertakings (PSU)/ Public

Sector Enterprises (PSE)/ Banks in India / Private Organization /Statutory Body (Work

order/Purchase order and Completion certificate from client for each project to be

attached)

Supporting document for fulfilling the qualification criteria (Annexure-I) will have to

be submitted in envelope ‘A’ containing qualification cum technical bid. Bids from

the vendors who do not qualify based on the above criteria will be rejected

QUALIFICATION BID FORM

S.NO. ITEM INFORMATION TO BE FURNISHED BY THE BIDDER

Name of Organization:

Type of organization: (Pvt. Ltd. / Public Ltd, etc.)

Copy of Certificate of Incorporation issued by Registrar of Companies/ Partnership deed/ GSTIN No. and Memorandum of Association and PAN card of partners/proprietor/Directors of the Company as applicable should be attached. (QC-1)


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Name of the official in charge of this bid with phone / mob. Nos./ Email Id

Nature of business (I) (II) (III)

Annual turnover during the last three financial year (QC-2) (Profit & Loss Statement to be attached)

Net Worth Details (QC-3)

Self-Declaration copy for Not a Joint Venture or Not a Consortium of any company ( QC-4)

Experience of conducting 25000+ e-procurement events (e-tender/e- reverse auctions/ e-forward auctions) (QC-5) (Self-Declaration to be provided as per the ANNEXURE – III)

Minimum 5 contracts for e-Procurement services from Central or State Government departments / Public Sector Undertakings (PSU)/ Public Sector Enterprises (PSE)/ Banks in India during the last 3 financial years (QC-6)

Sr. No. Name of Organization

Tenure of project (Year)

Contract value in INR

1

2

3

4

5

ISO/IEC 27001:2008 certified company (QC-7) (Certificate to be attached)

SEI CMM/ CMMI (Capability Maturity Model Integration) Level 3 or above certification. (QC-8) (Certificate to be attached)

STQC (Standardization Testing and Quality Certification) certificate for E-Procurement


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platform. (QC-9) (Certificate to be attached)

The bidder should not have been blacklisted by any department or undertaking of the Central or State Government of India/ Public Sector Undertakings (PSU)/ Public Sector Enterprises (PSE)/ Banks. (QC-10) (Self-Declaration to be provided as per the ANNEXURE- II )

Client References (QC-11) Sr. No. Client Name

Contact No.

Email ID

Presence in Bhopal (QC – 12)

Ownership of the intellectual property and source code(QC -13)

Letter for acceptance (QC -14)

The Bidder should have at

least three (3) years (2014-15,

2015-16, and 2016-17

)experience in e-auction/

reverse e-auction for the

Central or State Government

departments / Public Sector Undertakings (PSU)/ Public

Sector Enterprises (PSE)/

Banks in India(QC -15)

Work order/Purchase order and Completion certificate from client for each project to be attached


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Annexure-II

FUNCTIONAL REQUIREMNT SPECIFICATION - TECHNICAL BID FORM

Note: The FRS will not be limited to below mentioned list and SI can suggest other best

practices which can be incorporated in the new system, however it will be on the sole

discretion of MPLUN to approve the change suggested by SI hence this is not exhaustive list.

Sr. No.

Description Compliance ( Yes/No )

1 INFRASTRUCTURE

1.1 System should be PKI enabled. Bidder to provide documentation for PKI compliance of the services rendered.

1.2 System should work with the Digital Certificates/e-Sign issued by any of the Certifying Authorities in India

1.3 All the e-Procurement data to be held in encrypted form (minimum of 256 bit encryption).

1.4 The Bidder should be able to provide all the data on CD/DVD or Portable devices on a quarterly basis.

1.5 The System should support Evaluation based on a formula by which some percentage is allocated for Technical and some percentage is allocated for Commercial.

1.6 The system shall incorporate Data Intrusion System, Firewall, Online Virus Scanning and necessary web security features to prevent unauthorized and malicious access apart from normal measures already in place for the same.

1.7 The system should support concurrent events. Bidder to provide the details regarding number of concurrent events that can be conducted. The same shall be demonstrated at the UAT.

2 TECHNICAL REQUIREMENTS

2.1 The selected Bidder shall guarantee a Quarterly uptime of minimum 99% for the Backend Infrastructure (hardware/software from the date of commencement of the proposed solution. (Any planned shutdown will not be considered for calculating SLA)

2.2 The various stages of the solution being proposed should be modular and should be capable of being implemented Independent of each other

2.3 It should be a single domain solution with independent modules for both the e-tender and e-auction event

3 SCOPE OF WORK

3.1 Enabling hosted solution for e-Procurement of any Product, service or goods.


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3.2 The system should cover full life cycle of purchase (from RFP/Indent to Purchase Order).

3.3 The System should have the following Modules:

1)Creation of Requisition

2) Creation of Tender

3) Cancel/Re-invite Tender

4)Prepare Tender document online

5)Approve Tender online

6)Creation of Bidding formats

7)Uploading of Tenders

8)Centralized Registration of Vendors/ Contractors

9)Downloading of Tenders by prospective Vendors

10)Pre-Bid Queries

11)Facility for online Pre-Bid Meetings

12)Publish Minutes of Pre-Bid Meeting

13)Submit Bids Online

14)Upload attachments to Tender

15)Technical Evaluation

16)Price Bid Opening

17)Publish Tender Results

18) Award of Contract

19) Purchase/ Work Order

20)Management Info System (MIS)

21)Audit Trail

22)Reverse Auction

23)Forward Auction

3.4 The Bidder should have a well-organized Help-line during Events.

3.5 The Bidder should customize the Software solution, suitable for MPLUN Technical and Functional Requirements and should make the application ready for Proof of Concept within 30 days of acceptance of the Purchase Order.

4 FUNCTIONAL REQUIREMENTS

4.1 USER INTERFACE

1 GUI based Wizard Driven Configuration Customized Look & Feel , Graphical Representation, Online/Onscreen help features etc.

2 Home Page should have search option with different parameters like event reference no., date, status, event keyword etc.

4.2 TYPES OF TENDERS (Should support various types of Bids e.g.)

1 General Tenders

2 Rate Contracts

3 Single/Multiple Envelope Bidding


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4 Open Tender where any Vendor can bid after registering with the portal.

5 Limited Tender where only limited Vendors can bid.

6 EOI /Expression of Interest

7 NCB (National Competitive Bidding).

8 Goods Tender - with quote for each line item.

9 Works Tender – with quote in % of the estimated cost.

4.3 TENDER NOTICE CREATION

1 It must be capable of floating Tender notice in .pdf,.doc/.docx /.jpeg and other preferred formats.

2 Tender notices should be visible to Vendors only after it is approved

3 System should allow Archival of Tenders and allow retrieval when required.

4 System should allow Cancelled Tender to be revived for future tenders.

5 It should be possible to categorize Tender as New, Live, Archived, Cancelled, etc. for ease of understanding.

6 There should be provision for attaching images with Tender Notice

7 The system should have the capability of assigning unique internal reference number to each Tender.

8 There should be a facility for Online Pre-bid Meeting.

4.4 TENDER SETTINGS

1 System should support Tenders with or without tender RFP Costs

2 System should support Tenders with or without EMD.

3 System should support Tenders with or without Pre-Bid Meeting

4 System should support Tenders with or without qualification phase.

5 System should support Tenders with or without Technical Bid.

6 System should have provision for inviting EOI and issuing RFP to only pre-qualified bidders of EOI.

7 System should have inbuilt check to ensure that incomplete bids in any manner is not accepted

8 Bid withdrawal option should be available such that Vendor is allowed to withdraw bid that they might have submitted on or before due date and time.

9 System should have facility of sending emails to be sent to all Registered Vendors.

10 System should have the ability to set maximum size of single file upload.

11 System should have ability for uploading various types of documents

12 It should be possible to download Tenders free of cost


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13 System should maintain record of names of those Vendors who have downloaded the Tender

14 It should be possible to specify online brief description of the Tender to enable Vendors to view.

15 System should support Evaluation based on a formula by which some percentage is allocated for Technical and some percentage is allocated for Commercial.

16 MPLUN should be able to black list a Vendor

17 System should have facility for Vendor Registration & Administration

4.5 TENDER UPLOAD

1 System should allow upload of multiple documents for a Tender

2 System should have the facility of virus scan or any other security threat while uploading documents by the Vendors

3 Tender should be visible to vendors only after it is published.

4.6 TENDER CORRIGENDUM

1 It should be possible to upload corrigendum and correlate them to the main Tender.

2 Corrigendum should be maintained chronologically

The system should allow for corrigenda to be published on the E-Procurement & E-Business site. By means of corrigenda, authorized officers should be able to notify the: * Change in dates of tender opening * Change in the terms &conditions of the tender. * Any other clarification.

The system should be able to send alert to the interested registered TENDERERS on the corrigenda and all those who have downloaded the tender.

3 Corrigendum should be made visible to all those who have already downloaded the original Tender

4.7 ONLINE PRE-BID QUERIES

1 The system should allow Vendors to post any number of questions

2 It should be possible for Vendors to upload pre-bid queries within the timeline prescribed.

3 The system should have the facility of masking the name of the Vendors who have raised the questions and should be visible only to MPLUN.

4 The system should allow upload of replies to pre-bid queries.

4.8 ONLINE PRE-BID MEETING

1 It should be possible to hold pre-bid meeting online, if required by MPLUN.

2 There should be a facility of replying to all or selected questions.


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3 The system should not allow questions to be raised after pre-bid meeting date is over.

4 The system should have facility to reject providing reply to any question.

5 The system should allow upload of replies to pre-bid meeting

4.9 VENDOR REGISTRATION

1 Only those Vendors who register themselves with the portal would be eligible to participate in the Tenders.

4.10 BID SUBMISSION

1 System should allow online submission along with attachments.

2 Bid modification & withdrawal option such that Supplier is allowed to modify / withdraw bid, that they might have submitted on or before due date and time

3 The system should provide for downloading of the tender documents including attachments and corrigenda by the registered suppliers. The system should generate a unique reference number for each of the tender documents sold.

4 The system should have the functionality of online purchase of tender document by the supplier. It should support both offline and online payment mechanisms

5 The system should support both online and offline payment mechanisms for EMD where applicable. Only the vendors who have paid the EMD should be able to submit the bid, where EMD is applicable.

6 The system must provide suppliers with the ability to submit the bids online after digital signature and encryption.

7 Tender response information will include supplier reference, response date and time. It must be possible to verify the time and date of receipt of the bids in site (SI’s).

8 The System must allow tender response documents to be created from templates held within the system.

9 The system should allow the supplier to: • Submit qualification, technical and commercial bid together, or • Submit technical and Commercial bid separately if required • Documents, attachments, catalogues and drawings with the concerned bids • Submit any number of revised bids, modifications to bids, substitution of bids, seek clarifications on tenders before closing of bid submission in a secure environment. • Withdrawal bids before the closing time of submission of bids


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10 The system should protect the bid document from being viewed (even by the system administrator) before the due opening date and time. No editing should be permitted at any stage.

11 Tender Opening links should not get activated before due date and time.

4.11 BID OPENING

1 In case of multi envelope tender, unless the first phase (envelope) is completed, the second phase (envelope) should not get opened and so on.

2 As each stage of e-Procurement gets completed the comparative chart of Vendors should get auto generated

3 Rejected Vendors should not qualify for next round automatically

4 System should have the facility to export data to spread sheets.

5 System should have a provision that MPLUN can see the name of the Vendors who are present online at the time of online Tender Opening event.

6 System to support co-signing facility i.e. the remarks can be given by 2 or more officers and the same can be by each of the digitally signed officers with their respective Digital Certificate

7 MPLUN should have an option to select a bidder based on individual line item of requirement or on the basis of overall cost of items

8 Solution should have the flexibility to make desired combination of members to form a committee at any point of time before bid opening events. The system should not insist for committee formation at the time of NIT creation.

9 Tender Opening links should not get activated before due date and time.

10 System should support online Tender Opening where Vendors can participate online from their respective offices

11 System should have the facility to export data to any desired format such as PDF/DOC/DOCX/ XLS/XLSX.

12 For Reverse Auctions Alias names should be auto generated for the Bidders and the same shall be visible to MPLUN at the time of live event. Once Reverse Auction has been completed, bidder’s names should be visible to MPLUN.

4.12 E-AUCTION

1 System should have provision of Reverse / Forward, including Rank bidding, Anonymous & Alias bidding, Multi Line bidding, Multiple Lot bidding, Package Auction, English, Transformational, Preferential, Weighted, Techno Commercial and / or any other formats


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2 System should have provision for Parameters defining and setting of Opening Price, Historic Price, Reserve Price, and Landed & Base Price.

3 Data validation rules, Auction Rules like lowest / highest bid wins or highest / lowest quality wins etc.

4 The System should display and record Start and End Time.

5 There should be Automatic and Manual Extensions and Closing rules.

6 Masking of Bidders - Bidders' identity is not revealed to others who are participating in the bidding process.

7 Administration features like Roles and Rights, Checking login status of participants etc. should be available

8 The system should be capable of providing event-wise history, Vendor-wise, Product-wise, date-wise reports

9 System should have the provision to conduct reverse auction on Cost-cum-Quality method and it should be configurable as per MPLUN requirement

10 Audit Trail - logs should be available for all User Transactions and administrative actions

11 System should have the provision to generate L1, L2, L3 chart dynamically

4.13 ACCESS CONTROL

1 Access to the System by MPLUN as well as proposed Vendors should be by way of User ID /Password for some Tenders (say of small values) and also through digital signatures for some Tenders. Both ways of Access should be available. MPLUN should be able to decide which Tenders will be accessed through User ID/Password and which will be through digital signatures

2 It should be possible for the Administrator to create roles based users such as tender owner/ approver/opener, creator/evaluator etc. with any of the two modes i.e. User ID and Password or with digital signatures.

3 The system should have at least 3 levels of Access Control for the MPLUN: a) Administrator - who will be the super User and create Internal Users. b) Tender Owners - who can open and approve Tenders. c) Users - Third Level will be the Users who will create tenders, create Corrigendum, attend pre-bid meetings download Tender documents of Vendors, evaluate etc. The system should support multiple users on request of MPLUN. The same should be made available at no extra cost to MPLUN. Creation of User ID’s should be automated without interference from MPLUN.

4 The Tender document should not get uploaded unless it is approved by the Tender Owner.


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5 The access to the system by the Administrator of MPLUN should be through digital signature.

4.14 MESSAGING

1 There should be a facility of Broadcasting messages to Vendors during Reverse auction for information and clarifications

4.15 ADMINISTRATION

1 Vendor administration

2 Monitoring Roles and Rights Control

3 Checking the login status of the participants

4 Masking of Vendors' identity to others who are participating in the bidding process and/or during Reverse Auction.

4.16 REPORTS

1 The System should be capable of generating detailed reports in Excel/HTML/ DOC/DOCX/PDF and any other format specified by MPLUN.

2 The System should be capable of providing Event-wise bid history, Supplier-wise, Product-wise, date-wise, time- wise reports.

3 Actual savings report, category wise reports, transaction based reports, aggregated reports per category cross suppliers

4 Visibility to reports is granted through the use of report privileges like Admin Reports, Originator Reports and Bidder Reports

4.17 SECURITY CONSIDERATIONS

1 Application should be secure from making any temporary distortion in the electronic posting of tender notice which could mislead some vendors.

2 System should be safe from sending discriminatory communication to different bidders about the same e- Procurement process.

3 Application should be safe from submission of fake bids.

4 Encryptions of bids should be done at clients end before transmission

5 Safety against tampering and stealing of information of submitted bid etc. during storage before its opening to be ensured

6 Application should be safe from siphoning off and decrypting the clandestine copy of a bid encrypted with Public key of tender opening officer

7 Application should be safe from mutilation / sabotage or otherwise rendering the encrypted bid in the e-tender box during storage to make it unreadable / invalid in any form, before opening of the bids.

8 Introduction of special characters / executable files etc. by users should be restricted in the application

9 Validity check of Digital Signature Certificate to be done at server end


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10 Solution should support feature that even though a published tender is deleted from the application, system does not allow permanent deletion of the published tender from the Database.

11 Sufficient security features to be provided in the application for authentication procedure of the system administrator like ID, password, digital signature, biometric etc.

12 Audit trails should be captured in the application on media and these should not be prone to tampering, such as optical write once.

13 Integrity and non-tampering to be ensured in maintaining the server clock synchronization and time stamping.

14 Application should generate exception report / system alerts etc. to indicate the resetting of the clock, in case the application for time stamping is killed at the server level and time is manipulated.

15 Application should ensure that the quotes from various bidders with their name are not being displayed to any one including the Organization during carrying out of the e-reverse auction process

16 Application should be fit for usage complying with the requirements of tender processing viz. Authenticity of tenderer, non-repudiation and secrecy of information till the actual opening of tenders

17 Comprehensive third party audit as per statutory requirement and also as per the requirements of e- tender processing (compliance to IT Act 2000 and its subsequent amendment 2008) should have been conducted before putting it to public use.

18 Application should comply with the latest CVC's Guidelines on Security considerations for e-Procurement Systems

5 OTHERS

5.1 All correspondence between the Bidder and the MPLUN as well as prospective bidders whether in the form of email, fax, hard or soft copies of letters etc. should be maintained and preserved in keeping with the provisions of the MPLUN existing record retention policy. These records should be backed up and provided: a. to the individual procuring offices on completion of the event. b. to the IT department of MPLUN at the end of every quarter

5.2 Application should ensure that the tender documents issued to / downloaded by bidders are complete in shape as per the approved tender documents including all its corrigendum

5.3 Application should ensure that all the corrigendum issued by the Competent Authority are being fully communicated in proper fashion to all bidders including those who had already purchased / downloaded the bid documents well ahead of the due date and before uploading the corrigendum.


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5.4 Facilities for evaluation / loading of bids, strictly in terms of criteria laid down in bid documents are available in the application.

5.5 Product demo to be given by the bidder Note: The solution/system may be Verified / tested by the Corporation officials to check whether the compliance to all the technical criteria are fully satisfied; This would be done after the technical evaluations of this tender, but before the opening of the commercial bids.

6 E-PAYMENT

6.1 The solution should be capable to receive the payment via e-payment as well as offline mode. Hence, both the payment options should be available. In case of offline payment, the vendor should be able to submit the payment details of DD/Pay Order etc.

6.2 The solution should be capable to integrate with payment gateway

6.3 The solution should be bank neutral as far as the e-payment gateway integrations are concerned.

6.4 Electronic Performance Bank Guarantee (PBG) feature should be incorporated/made available whenever the same would be available with majority of banks.

7 PARAMETER SETTINGS

7.1 Opening Price, Reserve Price

7.2 Start and End Time

7.3 Automatic and Manual Extensions and Closing rules

7.4 Data validation rules, Auction Rules like lowest / highest bid wins

7.5 Uploading file attachments

8 TENDER ADMINISTRATION

8.1 Describe the different types of workflows in relation to drafting and finalization of tender enquiry supported by the e-tender Management System

8.2 e-tender application should support multiple agencies i.e. multiple purchasing organizations/Directorates/ units with separate workflows and Administration modules which should be configurable

8.3 The solution should support section wise/date wise/office wise/organization wise reporting Structure

8.4 Application system date and time should be visible on all the screens.

8.5 To ensure current e-tendering system all its data should migrate on new platform.

9 CREATE TENDER


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9.1 The System must provide the following document states: TE creation (creation of TENDER NOTICE and the detailed tender documents): The delegated levels in the Department or Departments create tender specification and documents. TE approval: The notice inviting tenders and the tender enquiry are approved by the designated authority within the department for publishing. Tender release: The tender is released for bidding. Tender sale closed: sale of tender documents is closed Tender closed: The tender is closed for bidding. Technical evaluation (applies to more than single bid system): The technical evaluation of the bids is being carried out. Decision made: The evaluation of the bids is complete and a decision is reached on suitability from technical angle. This may result in the selection of no supplier, one supplier, or several suppliers whose price bids only need to be opened.

9.2 Tenders may be either: Open: the tender is open to all prospective suppliers. Limited: the tender is limited to selected suppliers. Single Tender: The tender is only restricted to a single party

9.3 The application shall be capable to incorporate the following amongst others: * Tender type: * Directorate and section. * Selected TENDERERS (if the tender is limited): * Tender issuing office. * Goods or service or works covered; * Tender issuance, closing and opening times and dates. * Details such as additional documentation required to be attached with the bid, whether an EMD (Earnest Money Deposit) is required, Tender fee etc.

9.4 State the limits on the type or size of documentation that can be attached to a tender record as permitted by the application.

9.5 The System must allow tender documents to be created offline from templates held within the System. Tender documents relating to tenders earlier posted on the site to the extent applicable, shall be made available as drafts for future tenders. The tender documents so drafted offline may be up loaded into the tendering portal of SI.


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9.6 The System must allow access to selected suppliers only in case of limited tenders and single tenders.

9.7 The following shall be the forms and documents of the T.E. I Schedule of requirements; (suitable templates to be created by the SI for which necessary inputs shall be provided by Madhya Pradesh Laghu Udyog Nigam Limited II Item wise templates for summary sheets for each item with date and time containing essential information like brief description, accounting unit, price, taxes, duties, discounts, terms of delivery, other charges if any. III Multiple summary sheets to be provided so as to accept alternate/ multiple offers against each items. IV General terms and conditions contained in the TE form to be made available separately on the site for being accessed and downloaded. Only declarations confirming compliance of TENDERERS to form part of tender. V Special terms and conditions applicable to tender enquiry. VI Drawings applicable, if any. VII Specifications applicable, if any VIII Other attachments and annex, if any. Since both offline & on line tenders are proposed to be admitted, electronic and paper based documents relating to TE shall be identical.

9.8 The System must allow for any configurable workflow Being adopted as to facilitate the TE approval process.

10 TRACK TENDER

10.1 The System must allow tenders to be tracked through their lifecycle starting from posting of TE, providing visibility of tender status, responses and summary statement. The tracking mechanism should be configurable to meet the policy of MIS needs of the users.

PUBLISH TENDER

10.2 The System must provide the ability to post upcoming tenders onto the SI’s Madhya Pradesh Laghu Udyog Nigam Limited’s E-Procurement & E-Business website.(https://mpeprocurement.com)

10.3 On publication of the tender, the system should generate an alert or e-mail to the registered suppliers. (Explain the methodology adopted separately)

10.4 Tender Notices will provide a summary of the tender, for free view but registered vendor can access to tender documentation and templates which will be available to intending tenders.

10.5 The system must have provision to let Madhya Pradesh Laghu Udyog Nigam Limited receive queries from e-TENDERERS and give secure e-responses to them, when required.


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11 SEARCH TENDER

11.1 Advanced search facility to help users to locate tenders based on multiple parameters:- - Store / item wise - Industry wise - Reservation wise (Group IV items reserved for SSI, Items reserved for handloom and cottage industry sector etc.) - Buyerwise / Indenterwise - Locationwise by tender No. etc.

12 PRICE COMPONENTS

12.1 The system should support all the elements of Price as applicable under Indian Law in the summary sheet

13 TENDER OPENING

13.1 Event to start only after appointed time & date

13.2 The system should provide for T.O. to be done and controlled directly by the Madhya Pradesh Laghu Udyog Nigam Limited without the need for online / offline help from the SI

13.3 Register tender opening officers (upto 2 for each event)

13.4 Run audit trails for security check and EMD check (if required).

13.5 Upload Summary sheets of Manual tender, one by one with full security display. The system shall have the facility to up load multiple offers given by any manual tenderer.

13.6 Close uploading after all manual tenders are finished

13.7 Open encrypted e-tenders one by one using PKI.

13.8 System to decrypt and display summary sheets for downloading in the order in which the corresponding bids are opened by the Tender Opening Officer.

13.9 Only e-tenderers be permitted to participate in Tender opening event from their premises.

13.10 Electronic signatures of Tender Opening team to be appended to all Summary sheets and other e-tender Documents.

13.11 After Tender opening event, spot comparative statement to be generated for hard copies to be given to reps. attending tender opening in Madhya Pradesh Laghu Udyog Nigam Limited and e-mailed directly to e TENDERERS along with summary sheets of other TENDERERS.

13.12 The system should ensure that the e-tenderers cannot download tenders or parts thereof other than summary sheets as authorized vide Sr. No.11 above.


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13.13 The system should be so designed that the tender opening event is completed within a reasonable time. The bidder is to indicate the time required for uploading/downloading of one summary sheet.

13.14 Dynamic Pricing Engine:- The system should support for a dynamic pricing mechanism such as reveres auction, forward auction. The buyer should be in position to adopted multistage bidding process i.e. inviting technical bid online and in the second stage valid technical bidder are informed to take part in online open option.

14 CLOSE TENDER

14.1 The System must close the downloading of tender documents automatically in accordance with scheduled closing date & time for the sale of tender.

14.2 The system must not allow suppliers to submit any bid once the tender is closed.

15 SYSTEM MANAGEMENT FUNCTIONALITIES

15.1 All the registered suppliers (only in case of open tenders) should receive an e mail notification informing them of a fresh tender opening date and corrigenda in respect of unopened tenders.

15.2 The system should provide minimum 2 MB web space for the registered suppliers to upload and save all the certificates and documents duly authenticated which they are required to submit to the buyer with each of the tenders they participate in, so that they can simply associate these documents to the tender in which they are interested. If registered supplier request for more space, there should be provision for it.

15.3 e-cataloguing:- publishing of catalogues of goods, commodities and services provided by MPLUN under rate contract with insertion of photographs where ever necessary, down loading facility

15.4 e-commerce & order generation Automatic generation of orders by the authorized officers of MPLUN as per distribution approved, amendments, cancellations , dispatch number generation, reminders for pending orders, tracking and monitoring of supply position, monitoring of quality complaints and rectifications

15.5 E-contract management.

15.6 Management of quality, after sale services, warranty etc service commission accounting, automatic generation of statement of account and facility to download the same, status of pending and placed orders, status of EMD deposit.


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16 ANALYSIS AND REPORTING

16.1 The System must enable Madhya Pradesh Laghu Udyog Nigam Limited to configure reports on different parameters for trend analysis, reports on supplier participation etc.

16.2 The System must provide the option for reports to be saved and printed in different formats e.g. Excel, Word, etc.

17 INDIA LOCALISATION

17.1 In respect of local settings: •The base currency of the System must be Indian Rupees •The System must be compliant with Indian tax regulations and other relevant legislation. •The System should be compliant with Indian IT Act 2000 and other relevant legislation. •The System must be able to process date-oriented functions with appropriate regard to leap years, public holidays, etc.

18 INTERFACING TO OTHER SYSTEMS

18.1 The system must be ready for interface with the Payment Gateway enabling on line collection of Govt. dues directly in to Madhya Pradesh Laghu Udyog Nigam Limited’s Account. .

18.2 The System must allow for both real time and batch (for a predetermined frequency, e.g. hourly, daily, monthly) Data Interfaces with external systems.

18.3 The System must allow export of data to other systems to allow analysis and reporting.

18.4 List the specific third party packaged software Interfaces (including Versions) that the System supports. .

19 STANDARDS

19.1 Interoperability: Madhya Pradesh Laghu Udyog Nigam Limited requires the System be developed using de facto and de jure procurement and technology standards such that neither its offices nor Suppliers should be required to source particular IT products or services in order to use the System: in essence the System should become a commonly available utility with few barriers to entry and use

20 USER INTERFACE AND USABILITY

20.1 The System must operate over the Internet and through a web browser as its preferred mode of use.

20.2 The System must not require the installation of Software on User’s personal computers other than software normally associated with web browser operation.

20.3 The System must be easy to use, based upon Users’ ability to economically and efficiently complete business processes.


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20.4 Note that ease of use will be assessed by Madhya Pradesh Laghu Udyog Nigam Limited using any (but not limited to) of the following techniques: •Time and motion process studies of speed and simplicity to complete key transactions: •Ease of entry of data; •Ease of navigation;

20.5 Extent of intrinsic support (little or no need to reference external training support).

20.6 The system must facilitate offline drafting of tender documents by the Madhya Pradesh Laghu Udyog Nigam Limited and bids by the e-TENDERERS for uploading into the tendering portal.

20.7 There should not be congestion in portal at the time of uploading of tender at the closing hours due to numerous supplies submitting their tender at same time.

21 INTERFACE WITH Madhya Pradesh Laghu Udyog MPLUN Limited COMPUTER SYSTEM

21.1 The SI’s services for e-tendering must be compatible with Madhya Pradesh Laghu Udyog Nigam Limited computerized applications both in respect of HW & SW with current e-tendering system.

21.2 The SI shall provide interface for transfer of tender information as specified by Madhya Pradesh Laghu Udyog Nigam Limited from time to time from SI’s site to the Madhya Pradesh Laghu Udyog nigam Limited formats specified by Madhya Pradesh Laghu Udyog Nigam Limited

22 CONFIGURABILITY

22.1 The system shall have separate levels of configurability for laying down the tender policies before creation and uploading of TENDER NOTICE and bid documents. This shall be accomplished by two layers of control. One for laying down the overall policy constraints and framework for the entire organization. Others for directorate level or section level options to be selected at the time of creation of bid documents.

23 DIGITAL CERTIFICATES AND PKI - NON REPUDIATION SYSTEMS

23.1 The system should be PKI enabled and complaint with the Indian IT Act 2000 and admit any digital certificates issued by CA duly approved by CCA

23.2 The system should facilitate: •Authentication of the users •Confidentiality of the information •Integrity of information •Authorization •Non-repudiation of transaction


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24 DIGITAL CERTIFICATES AND PKI- SYSTEM REQUIREMENTS

24.1 Provide a list of H/W and S/W required (for PKI) to transact on the system by:- (a) Madhya Pradesh Laghu Udyog Nigam Limited and its users (b)Tenderers

25 DIGITAL CERTIFICATES AND PKI- COST OF DEPLOYMENT OF PKI

25.2 State the nature of costs to be incurred by Madhya Pradesh Laghu Udyog Nigam Limited and e-tenderers for operating such a system. What are the recurring costs to Madhya Pradesh Laghu Udyog Nigam Limited and e-tenderers. (The system should be such which can use current H.W and SW to minimize the cost of deployment).

26 SECURITY

26.1 The system should protect the information from access by outside world by deploying appropriate security architecture.

26.2 The System must provide single sign-on to all functional areas.

26.3 The System must provide a strong method of authentication to prove the identity of Users. Give details.

26.4 Once authenticated, the System must provide a means of preserving confidentiality between the System and its Users.

26.5 The system must accept only secured tenders i.e. digitally signed and encrypted bids

26.6 The system should support 128-bits, encryption for transmission of data over the internet between; (a) Madhya Pradesh Laghu Udyog Nigam Limited &SI and vice versa (b) e-TENDERERS and SI.

26.7 Describe the authenticating mechanisms used by the System. a)User ID password based b)Digital certificate based c)By metric (Finger print based)

27 SECURITY – Storage of tenders

27.1 The electronically signed and sealed bids received in the site should be stored in a tender specific high security electronic tender box.

27.2 The electronic tender box should open only at the appointed time and date for opening of tenders.

27.3 The proposed e-tender system should have bid security features so that even designated authorities, system administrators, software developers, SI employees, or any actor / entity are not able to, on their own or in collusion, tamper, delete, open, view, modify, manipulate bids or breach the tendering process in any way.


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28 SECURITY – USER PROFIES

28.1 For Madhya Pradesh Laghu Udyog Nigam Limited administrator – The system should provide two layers of access control (for delegated functions and single super administrator functions) over the creation/modification of user profiles.

28.2 For the first login by a user, the system should prompt the user to change his password.

28.3 When a user logs-in, the system should show him the date & time of last login.

28.4 The system should not allow multiple login sessions to be maintained simultaneously i.e. it should not allow two users to login using the same username at the same time.

28.5 The system should automatically log off in case the users’ computer remains idle for more than a specified period of time (configurable) after logging on.

28.6 The System must allow: •Users to be registered after due diligence and their details held within the System; •Certain User Groups to register on-line and collect all the information required to allow them to participate (e.g. vendors registering for public tenders). However only authenticated users to be permitted to submit e-tenders. "The access and activity privileges of each User must be established within a Security Profile which is personal to that User, such that: •A system administrator should be only from within Madhya Pradesh Laghu Udyog Nigam Limited. •The system administrator must authorize a User to use specific functions; and •The system administrator may authorize a User to use Data. "

28.7 The System must provide the ability to assign privileges and maintain a number of different standard default Security Profiles that can be applied or modified to set up the personal Security Profiles for each User.

28.8 The System must allow system administrators access to be restricted to configuration/data specific to a zone/office.

28.9 The System must maintain a log of all activities/modifications carried out by an administrator.

28.1 List the components that will be deployed by the SI to secure the network to achieve the above objective:

28.11 The vendor would be required to deploy firewall and intrusion detection system at the server level to protect against unauthorised access.


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28.12 The vendor will be required to install the latest anti-virus on all the servers. The anti-virus should be capable of updating itself online.

28.13 List the components to be procured and installed by the users to comply with the security requirements.

28.14 Describe any requirements that Departments and Suppliers will need to meet with respect to administration of their individual networks to ensure that the System is operable.

29 SECURITY-BACK UP AND RECOVERY

29.1 After the completion of tender opening event The system should treat the tender opening event complete only after all the e-tenders with all attachments & enclosures have been received in the Madhya Pradesh Laghu Udyog Nigam Limited computer. Once the T/O event has been completed, the SIs site/servers should not continue to contain such complete bid documents except for the contents of summary sheets in respect of such tenders. Provision shall be available for authorized officials to remove the opened bids (documents other than summary sheets) from the tendering site. Wherever the tenders have been invited in more than single bid systems, this shall apply to only the bids which have already been opened. Unopened bids would continue to be contained in time locked tender box upto the time & date fixed for the tender opening.

29.2 The system must be able to upgrade to new Versions without losing the data or having to enter the data again.

29.3 Data Back-up The System must provide facilities to allow Backup of application and data recorded through the system However, the back up to the system shall comply with the requirements of para 4.5.1 above.

29.4 The system must check for the success or failure of the restoration during the Backup process.

29.5 Data recovery & restart The System must allow Backup Data to be restored after any System failure up to the point at which the failure occurred.

29.6 Disaster Recovery The vendor should specify the disaster recovery process being proposed as part of the solution.

30 SECURITY-AUDIT TRAIL

30.1 Information contained within Data records generated within the System (to the extent that the information is Audit Stamped) must be capable of being documented for audit purposes. i.e. to form an Audit Trail.


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30.2 If the information is updated from the initial entry, all update information through to the current form must be recorded in an Audit Trail.

30.3 The Audit Trail must be legally admissible in India.

30.3 Data that has been Audit Stamped must not be physically deleted from the System until it has been received in the Madhya Pradesh Laghu Udyog Nigam Limited’s computer system (para 4.5.1 refers).

30.4 It must not be possible to alter Audit Trail information using the System or other utilities.

30.5 It must be possible to select ranges of appropriate Audit Trails to be printed at any one time.

31 SECURITY-CLOCK MANAGEMENT

31.1 The system clock for the Madhya Pradesh Laghu Udyog Nigam Limited e-portal shall be set to follow the Indian Standard Time

31.2 Please indicate the methodology adopted to ensure compliance with 4.7.1

31.3 Please indicate the independent verification and audit mechanism adopted to establish compliance

32 SYSTEM REQUIREMENTS - SERVER SPECS FOR HOSTING THE APPLICATION

32.1 bidder provide the sizing details

33 ARCHITECTURE

33.1 Provide the architecture that will be deployed by the E Procurement Service Provider

34 DOCUMENTATION

34.1 The vendor shall provide user manuals that provide a functional description of all the facilities available

34.2 The vendor shall provide Technical manuals for the System

34.3 Documentation must be comprehensively indexed and updated for each Revision and Version.

34.4 The SI shall incorporate strong help desk feature for use of Madhya Pradesh Laghu Udyog Nigam Limited and e-TENDERERS in creation, of up loading and down loading of tender forms and documents and other attachments. Similarly the procedure for encryption and maintaining security should be fully explained by the help desk. The help desk should also incorporate frequently asked questions and answers thereof.

34.5 The SI shall have provision to conduct tour in MP to familiarise/provide training to vendors for down loading of tender, filling up and uploading of tender documents after following the security requirements.


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35 DELIVERY CAPABILITY

35.1 Provide a project plan with the team, deliverables and tasks

35.2 Against each task provide: The time duration in which it will be performed (actual and elapsed): Who is to perform the task, Madhya Pradesh Laghu Udyog Nigam Limited, supplier or the Vendor: and The skill levels required of the person who is to perform the task.

35.3 Briefly describe the project management methodology to be used and in particular: Project plan and milestone management: Change management: Supplier adoption: Process mapping IT infrastructure assessment Training; and Quality management

36 VENDOR DETAILS & CAPABILITY - VENDOR ORGANIZATION DETAILS

36.1 •Company Profile •Postal address •Street address •Telephone and fax numbers •Number and location of offices in India •Year established in India and overseas •Name of any parent company •Global turnover of the vendor and turnover from E-Procurement & E-Business applications and services.

36.2 Provide a list of Government customers for E-Procurement & E-Business solutions in India and abroad (a) for providing E-Procurement & E-Business service meeting the extent and scope defined in the present bid documents. (b) For services not covered by above, indicate services provided to respective Govt. customers.

36.3 Provide a list of names and profile of key members in India of the implementation team (e.g. Project Manager Functional Consultants System Administrator Support etc.)

37 VENDOR DETAILS & CAPABILITY - VENDOR CAPABILITY

37.1 Provide an indication of the estimated training requirement in hours for each user group per person. Provide the number of training hours spent in Government departments on E-Procurement & E-Business/E-tender related solutions.


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37.2 Briefly describe the particular training services that will be provided and the methods by which training will be provided for each User group (e.g. online training direct face-to-face training intrinsic support in the system etc.)

37.3 Provide a list of references in the government sector who can provide information on implementation of E-Procurement & E-Business/E-tender, done in their department.


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Annexure-III

COMMERCIAL BID FOR E-PROCUREMENT SOLUTION FOR MPLUN

E-PROCUREMENT TENDERS CHARGES

S. No.

FINANCIAL HEAD

(1)

RATE (in ₹ )

(2)

1. Tender processing, Portal registration and finalisation of rate contract. (Tenderer should quote his share of registration fee, which is being received by MPLUN for each registration, This will include the tender processing and rate finalisation)

2. Contract management and Indent Processing fee.

(Tenderer should quote indent processing fee of each indent, this will also include contract management).

3. Maximum revenue which the SI will like to keep

in Rupees per year

RATE LIST FOR E-PROCUREMENT REVERSE/FORWARD AUCTION (Will not be

considered for deciding L1 vendor)

Sr. No Description Rate per event (in INR)

1 Conducting of e-tender Reverse/Forward

Auction

Note: The various activities relating to the events mentioned above shall comprise of

all the individual items mentioned in the technical specifications.

Place: _________________________ Signature: _________________________

Date: ________________________ Name: _________________________

Designation: ______________________

Company Name & Stamp: ______________________________________________

Appendix


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[Note: This letter should be on the letter head of Bidder and should be signed by a

an Authorized Signatory with Name and Seal of the Company]

To

The General Manager,

MPLUN,

Panchanan Bhawan, Bhopal

Dear Sir,

Sub: Tender Ref:

We thank you for providing us an opportunity to participate in the subject RFP.

Please find our commercial offer as per Annexure-III of commercial bid format.

We also confirm that we are agreeable to the terms & conditions mentioned in the

RFP.

Dated this _________day of __________2018

Signature ____________________________

Name ____________________________

Signature of the Authorized Signatory with seal of Company


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Annexure-IV

EVALUATION CRITERIA

The table below highlights the bid evaluation criteria and the bidders are also

required to score the minimum cut off marks defined for each category in the

evaluation criteria

S.

No.

Evaluation Criteria Sub

Score

Score

I. Relevant Past Experience of the Bidder 20

IA Experience in design,development & implementation

of e-Procurement Solutions forthe Central/ State

Governments / PSUs with at least 500 tenders processed

inone year during the past 3years.

1mark for each reference, max5 references

5

IB Integration experience withpayment gateway

1 Mark for each reference, max 3references

3

IC Experience of Implementing large e-Procurement projects

in a PPP/ASP Model (experience in providing hardware,

software, customizations, maintenance, training, change

management etc shall be evaluated under this section) –

Case study to be provided

One PPP/ASP Project – 1 marks

Two PPP/ASP Projects – 2 marks

Three PPP/ASP Projects – 3 marks

Four PPP/ASP Projects – 5 Marks

5

ID Company should have CMM/CMMI Level Certified

CMM/CMMi Level 3 - 3 Marks

CMM/CMMi Level 5 - 7 Marks

7

Total of Parameter IA, IB & IC 15

II Solution Proposed for e-Procurement by the bidder 55

II.A Application/Product Solution Proposed for project 25

(i)

Solutions/products proposed for e-Procurement solution

and its sub-components/modules and their fitment to the

functionality as per FRS

1. Fitment>=90% - 15 Marks

2. 90%>Fitment>=75%- 10 Marks

3. Fitment<75% - 5 Marks

15


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S.

No.


Score

Score

(ii)

Solution Architecture including Application Development,

Integration Architecture & Deployment architecture

1. Approach for Assessment Study

2. Requirement validation and Software development

plan

3. Testing &Test case as per the modules

4. Project Timelines

5. Deployment Plan and Hardware sizing

6. Implementation & Rollout plan

6

(iii)

Solution: ease of use, navigation, look and feel, online

help, etc

4

II.B Solution Proposed for change management 10

(i)

(ii)

Approach & methodology for addressingthe Training

Requirements

3

Approach to Help Desk support, issueregistration.

Acknowledgement, issuetracking, escalation, Online help

etc.

7

II.C Security Architecture and features. Provide third party

quality certifications conforming the adoption of PKI

technology and client end encryption of bid data.

Approach for Strategic control of GeM on the I.T assets

(Describe methodology, technology etc.)

20

Total of Parameter II.A, II.B and II.C (Max score ) 60

III Approach & Methodology proposed by the ASP bidders for the

Project)

10

Demonstrated level of understanding of the project, its

purpose, scope, and bidder's plan for performing the

required services as detailed in scope of work in the RFP,

during the lifecycle of the project: design, construction,

roll-out and operation

4

Data Digitization, Migration & Quality Assessment Plan &

Methodology

3

IT Infrastructure Implementation, Operations & Service

Level Management Plan

3

Total of Parameter III (Max score ) 10

IV. Proposed Manpower (committed) for the e-Procurement Project 15

IV.A Level of skills & Relevance of experience of the individual to the 10


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S.

No.


Score

Score

Project

Experience of Project Management Team (one Project

Manager and one asst managers in Project office for

monitoring Software and one asst Manager for Hardware

infrastructure setup, implementation, etc)

2

Domain/Functional Expert one each in Procurement of

Goods and Works specific to Government Processes

2

Experience of the Design & Development Team for e-

Procurement projects (One Application/Solution Group

Leader and two team members for the Application

software and one for Data Centre (including Hardware

and networking)

2

Experience of the Operations & Maintenance (O&M) Team

(One manager each for hardware and software

2

One Change Management Expert and One Training

Manager

2

IV.B Professional Qualifications and Certifications of the proposed

resources relevant to the role described ( Minimum educational

qualifications B.E/ B.Tech or MBA for the Project Management

team and B.E/B.Tech for the domain experts, B.E/B.Tech/ MCA

for development and O&M team)

5

Project Management Team including the

functional/domain experts

2

Design & Development Team 2

Operations & Maintenance (O&M) Team 1

Total of Parameter IV.A, IV.B (Max score ) 15

Total 100

Note:

1. Maximum Total Technical Score: 100 marks

2. Minimum cut-off qualification score: 70 marks

3. For the evaluation criteria mentioned above under I, II A (ii), IV, the bidders have

to provide substantial evidence including engagement letters, project completion

certificates etc.


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4. For the evaluation criteria II A (i), (iii), (IV) and II C, the bidders have to give a

demonstration of the system from any live site, where the system is deployed and

running.

5. For the evaluation criteria II B, III, the bidders have to provide their approach and

methodology with reference to actual implementations.


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Annexure-V

(To be executed on official letter head of the company/firm)

Self-Declaration for non-blacklisting of the company/firm

I/We __________________________________________________________ (Name

of Person/s) _____________________________________ (Designation) of

______________________________________ (Name of company/firm) with

registered office at

_____________________________________________________________________

_________

here by declare that our company/firm has not been blacklisted by any department

of Government of India and/or any state government and/or any public sector

undertakings.

Place: ______________________ Signature: ______________________

Date: ________________________ Name: ________________________

Designation: ______________________


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Annexure-VI


Self-Declaration for experience letter (e-tender/e- reverse auctions/ Rate Contract)

I/We __________________________________________________________ (Name

of Person/s) _____________________________________ (Designation) of

______________________________________ (Name of company/firm) with

registered office at

_____________________________________________________________________

here by declare that our company/firm has an experience of conducting 500+ e-

procurement events (e-tender/e- reverse auctions/ e-forward auctions, Rate

Contract) in private sector / Central or State Government departments or bodies /

Public Sector Undertakings (PSU)/ Public Sector Enterprises (PSE)/ Banks in India.

Place: ______________________ Signature: ______________________

Date: ________________________ Name: ________________________

Designation: ______________________


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Annexure-VII

SERVICE LEVEL AGREEMENT FOR E-PROCUREMENT SOLUTION FOR MPLUN

(To be typed on stamp paper worth ₹100/-)

This Service Agreement (“Agreement”) is entered into on this ___ day of ______

2017BY AND BETWEEN

Madhay Pradesh Laghu Udyog Nigam Ltd, is a procurement agency of the State

Government registered under company’s act 1956, having its registered office

atPanchanan Bhawan, 1st Floor, Malviya Nagar, Bhopal- 462003 (hereinafter

referred to as "MPLUN"), which expression shall, unless it be repugnant to the

meaning and context thereof, include its successors, authorized agents,

representatives and permitted assigns of the one part.

AND

, having its registered office at _ , (hereinafter referred to as "Service

Provider"), which expression shall, unless it be repugnant to the meaning and

context thereof, include its successors, authorized agents, representatives and

permitted assigns of the other part.

RECITALS

WHEREAS MPLUN is desirous of appointing a Service Provider for E- PROCUREMENT

SOLUTION FOR MPLUN conforming to all the specifications as per the Request for

proposal (hereinafter referred to as “RFP” which expression shall include all

attachments and annexures thereto as well as all amendments, modifications and

alteration thereto.

AND WHEREAS MPLUN has called for bids from eligible bidders

AND WHEREAS the Service Provider has submitted its bid which has been considered

as appropriate by MPLUN based on the documents and the commercial bid

submitted by the Service Provider during the tendering process.


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AND WHEREAS the Service Provider represents that he has the necessary experience

for providing E- PROCUREMENT SOLUTION FOR MPLUN as referred to herein and has

submitted the bid for providing the required services against Tender No.

……………………… all in accordance with the terms and conditions set forth herein and

in the RFP and any other reasonable requirements of MPLUN from time to time.

AND WHEREAS MPLUN has accepted the bid of the Service Provider based on the

assumed veracity of the documents submitted by it under the tendering process and

has issued Purchase order No._____________Dated_________________ .

Now it is hereby agreed to, by and between the parties as under: AGREEMENT

1. DEFINITIONS

In this Contract, the following terms shall be interpreted as follows:

1.1 “Confidential Information” will carry the same definition as given in the Reciprocal Non-Disclosure Agreement (NDA);

1.2 “Contract” means the Agreement entered into between MPLUN and the “Service Provider” as recorded in this Contract form signed by MPLUN and the “Service Provider” including all Attachments and Annexes thereto, the RFP and all Annexes thereto, the agreed terms as set out in the Bid, all documents incorporated by reference therein and amendments and modifications to the above from time to time;

1.3 “Document” means any embodiment of any text or image however recorded and includes any data, text, images, sound, voice, codes and databases or microfilm or computer generated microfilm.

1.4 “Effective Date” means the date on which this Contract is signed and executed by the parties hereto. If this Contract is executed in parts, then the date on which the last of such parts is executed shall be construed to be the Effective Date;

1.5 “Intellectual Property Rights” means any patent or patent applications, Source Code, Add-On Software, Related Licenses, copyright, trademark, trade name, business name, internet domain names, email address names, design, trade secret, permit, service marks, brands, propriety information, moral rights, knowledge, technology, licenses, databases, computer programs, software, know how, rights in confidential information, rights in invention or other form of intellectual property right, title, benefits or interest, whether registered or unregistered and including any form of application for any of the foregoing which may exist anywhere in the world, whether arising before or after the


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execution of this Contract and the right to ownership and registration of these rights;

1.6 “Kick Off Meeting” means a meeting convened by MPLUN to discuss and finalize the work execution plan and procedures with the Service Provider.

1.7 The “Service Provider/Vendor/ Selected Bidder” means the company/firm/entity with whom the order has been placed for E- PROCUREMENT SOLUTION FOR MPLUN as specified in this contract.

1.8 “Service Provider’s team” means the Service Provider as per 1.7 above, and its successors, authorized agents, representatives and permitted assigns and includes the employees of Service Provider, their authorized agents and representatives or other personnel employed or engaged either directly or indirectly by the Service Provider for the purposes of this Contract.

1.9 “Negligence” means: any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences which such person or entity knew, or should have known or with reasonable diligence could have known to result from such act or failure to act.

1.10 Notwithstanding the foregoing, negligence shall not include any action taken in good faith for the safeguard of life or property,

1.11 “Willful Misconduct” means: “intentional disregard of good and prudent standards of performance or proper conduct under this CONTRACT with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.

1.12 “Parties” means MPLUN and the Service Provider and “Party” means either of the Parties;

1.13 “Service” means facilities/services to be provided as per the requirements specified in the RFP and any other incidental services, such as Supply, installation, implementation, maintenance, provision of technical assistance and other such obligations of the Service Provider covered under this Contract;

1.14 “Service Specification” means and includes detailed descriptions, statements to technical data, performance characteristics, and standards as applicable and as specified in this Contract or the RFP as well as those specifications relating to Industry standards and codes applicable to the performance of the work, work performance quality and the specifications affecting the works or any additional specification required to be produced by the Service Provider to meet the design criteria or completion of the project.

1.15 “The Contract Price” means the price payable to the Service Provider under


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the Contract for the full and proper performance of its contractual obligations on its part.

2. INTERPRETATION

In this Contract unless a contrary intention is evident:

2.1 The Clause headings are for convenient reference only and may not be used for

interpretation;

2.2 unless otherwise specified a reference to a clause number is a reference to all its

sub- clauses;

2.3 unless otherwise specified a reference to a clause or sub-clause is a reference to

the clause or sub-clause of this Contract including any amendments or

modifications to the same from time to time;

2.4 a word in the singular includes the plural and a word in the plural includes the

singular;

2.5 a word importing a gender includes any other gender;

2.6 a reference to a person includes a partnership and a body corporate;

2.7 a reference to legislation includes legislation repealing, replacing or amending

that legislation;

2.8 Where a word or phrase is given a particular meaning it includes the appropriate

grammatical forms of that word or phrase which have corresponding meanings.

2.9 In the event of an inconsistency between the terms of this Contract, the RFP and

the Bid, the terms hereof contained in this contract shall prevail.

3. CONDITIONS PRECEDENT

This Contract is subject to the fulfillment of the following conditions precedent by

the Service Provider.

3.1 The Service Provider shall at his own expense deposit with MPLUN within 15 days

from the receipt of notification of award of the contract from MPLUN, an

unconditional, irrevocable and continuing Performance Bank Guarantee (PBG)

from a nationalized bank acceptable to the MPLUN, payable on demand, for the

due performance and fulfillment of this Contract.

The Performance Bank Guarantee shall be denominated in the currency of India,

INR and shall be in the form of a Bank Guarantee Bond.

The Performance Bank Guarantee shall be valid for a period of 5 years beyond

the date of completion of all contractual obligations including warranty

obligations, renewable as may be stipulated by MPLUN. The Performance Bank

Guarantee amount shall be INR 1000000/-.


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All charges whatsoever such as premium, commission etc. with respect to the

Performance Bank Guarantee shall be borne by the Service Provider.

No interest shall be payable on the Performance Bank Guarantee.

In the event of the Service Provider being unable to service this Agreement for

whatever reason, MPLUN would invoke the Performance Bank Guarantee.

Notwithstanding and without prejudice to any rights whatsoever of MPLUN

under this agreement, the proceeds of the Performance Bank Guarantee shall be

payable to it as compensation for any loss resulting from the Service Provider's

failure to complete its obligations under the agreement.

3.2 The Service Provider shall obtain all statutory and other approvals required for

the performance of the Services under this Contract.

3.3 MPLUN reserves the right to waive any or all of the conditions specified above in

writing and no such waiver shall affect or impair any right, power or remedy that

MPLUN may otherwise have.

4. REPRESENTATIONS & WARRANTIES

In order to induce MPLUN to enter into this Contract, the Service Provider hereby

represents and warrants as of the date hereof, which representations and

warranties shall survive the term and termination hereof, the following:

4.1 That the Service Provider has the requisite experience for the project E-

PROCUREMENT SOLUTION FOR MPLUN , the technical know-how, the financial

wherewithal and the power and the authority that would be required to

successfully provide the Services sought by MPLUN for the purposes of this

Contract.

4.2 That the Service Provider is not involved in any litigation or legal proceedings,

pending, existing, and potential or threatened, that may have an impact of

affecting or compromising the performance or delivery of Services under this

Contract.

4.3 That the representations and warranties made by the Service Provider in the bid

or in this contract are and shall continue to remain true and the Service Provider

will fulfill all the requirements as are necessary for executing the obligations and

responsibilities as laid down in this Contract and the Bid and unless MPLUN

specifies to the contrary, the Service Provider shall be bound by all the terms of

the Bid and this contract through the term of this contract.

4.4 That the Service Provider has the professional skills, personnel, resources and

authorizations that are necessary for providing all such services as are necessary

to fulfill the services stipulated in the RFP, the bid and this Contract.


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4.5 That there shall not be any privilege, claim or assertion made by a third party

with respect to right or interest in, ownership, mortgage or disposal of any asset,

property, movable or immovable as mentioned in any Intellectual Property

Rights, licenses and permits.

4.6 That the Service Provider shall use only such assets of MPLUN as MPLUN may

permit for the sole purpose of execution of its obligations under the terms of the

Bid, RFP or this Contract. The same shall be used in a reasonable manner. The

Service Provider shall however, have no claim to any right, title, lien or other

interest in any such property, and any possession of property for any duration

whatsoever shall not create any right in equity or otherwise, merely by fact of

such use or possession during or after the term hereof.

4.7 That the Service Provider shall procure all the necessary permissions, approvals

and licenses for use of various software and any copyrighted process/product

free from all claims, titles, interests and liens thereon and shall keep MPLUN

indemnified in relation thereto.

4.8 That the execution of the Services under this contract is and shall be in

accordance and in compliance with all applicable laws.

4.9 That all conditions precedent under this Contract have been satisfied.

4.10 That neither the execution and delivery by the Service Provider of this

Contract nor the Service Provider’s compliance with or performance of the terms

and provisions of this Contract

a. will contravene any provision of any Applicable Law or any order, writ,

injunction or decree of any court or Governmental Authority binding on it; or

b. will conflict or be inconsistent with or result in any breach of any of the

terms, covenants, conditions or provisions of, or constitute a default under

any Contract, or instrument to which the Service Provider is a party or by

which it or any of its property or assets is bound or to which it may be

subject; or

c. Will violate any provision of the Memorandum and Articles of Association of

the Service Provider.

4.11 That the Service Provider certifies that all registrations, recordings, filings and

notarizations of this Contract and all payments of any tax or duty, including

stamp duty, registration charges or similar amounts which are required to be

effected or made by the Service Provider which are necessary to ensure the

legality, validity, enforceability or admissibility in evidence of this Contract have

been made.

4.12 That the Service Provider owns, has license to use or otherwise has the right

to use, free of any pending or threatened liens or other security or other


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interests all its Intellectual Property Rights, which are required or desirable for

performance of its services under this contract and regarding the same the

Service Provider does not, so far as the Service Provider is aware, in carrying on

its business and operations, infringe any Intellectual Property Rights of any

person. So far as the Service Provider is aware, none of the Intellectual Property

Rights, owned or enjoyed by the Service Provider or which the Service Provider is

licensed to use, which are material in the context of Service Provider’s business

and operations for the performance of this contract are being infringed nor, so

far as the Service Provider is aware, is there any infringement or threatened

infringement of those Intellectual Property Rights licensed or provided to the

Service Provider by any person. All Intellectual Property Rights (owned by the

Service Provider or which the Service Provider is licensed to use) required by the

Service Provider for the performance of this contract are valid and subsisting. All

actions (including registration, payment of all registration and renewal fees)

required to maintain the same in full force and effect have been taken thereon

and shall keep MPLUN indemnified in relation thereto.

4.13 That time is the essence of this Contract and hence the Service Provider shall

at all times maintain sufficient manpower, resources, and facilities, to provide

the Services in a business like manner on a timely basis.

4.14 That the Service Provider’s security measures, policies and procedures are up

to date and fully equipped to protect and maintain the confidentiality of the

Confidential Information.

4.15 That in providing the Services or deliverables or materials, neither the Service

Provider nor the Service Provider’s Team, shall utilize information which may be

considered confidential information of, or proprietary to, any prior employer or

any other person or entity;

5. SCOPE OF WORK:

Scope of this WORK shall be as defined in this RFP, the Corrigendum’s / Addendums

issued with respect to such RFP, the bid and this contract.

6. DURATION OF THE CONTRACT:

This CONTRACT shall remain valid for a period of five (5) years from the effective

date. The Service Level Agreement will be for five years.

7. REPORTING PROGRESS:

7.1 Service Provider shall monitor progress of all the activities specified in this

contract and submit free of cost monthly progress report about various aspect of

the work to MPLUN. Extracts of the progress report to be termed, as “Executive


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Summary” shall be submitted, along with monthly progress report. The same

shall be submitted in soft copy as well. The periodicity of the monthly progress

report/executive summary is subject to change by mutual agreement of both the

parties.

7.2 The services, and/or labour to be provided by the Service Provider under this

Contract and the manner and speed of execution and maintenance of the work

are to be conducted to the satisfaction of the representative of MPLUN in

accordance with this Contract. Should the rate of progress of the work,

compliance to the requirements of the standards of service, or any part of the

service at any time fall behind the stipulated time for completion or is found to

be too slow to ensure completion of the works on time or insufficient for

satisfactoryoperation of the E- PROCUREMENT SOLUTION FOR MPLUN, MPLUN's

representative shall so notify the Service Provider in writing.

7.3 The Service Provider shall reply to the written notice giving details of the

measures it proposes to take to expedite the progress so as to complete the

work by the prescribed time or to meet the standards of service required, as the

case may be. The Service Provider shall not be entitled to any additional payment

for taking such steps. If at any time it should appear to MPLUN or the

representative of MPLUN that the actual progress of work does not conform to

the approved programme the Service Provider shall produce at the request of

MPLUN representative a revised programme showing the modification to the

approved programme necessary to ensure completion of the work within the

time for completion or steps initiated to ensure compliance to the stipulated

requirements.

7.4 In case during the E- PROCUREMENT SOLUTION FOR MPLUN, the progress falls

behind schedule or does not meet the desired requirements, the Service Provider

shall deploy extra manpower, resources, infrastructure to make up the progress

or to meet the requirements. Programme for deployment of extra man power/

resources/ infrastructure will be submitted to MPLUN for its review and

approval. All time and cost effect in this respect shall be borne, by the Service

Provider unless otherwise expressly provided in this Contract.

8. STATUTORY REQUIREMENTS

8.1 During the tenure of this Contract nothing shall be done by the Service Provider

in contravention of any law, Acts or rules and regulations there under or any

amendments thereof and it shall keep MPLUN, indemnified in this regard.

8.2 The Service Provider and the Service Provider's Team shall not alter / change /

replace any hardware component proprietary to MPLUN and / or under warranty

or AMC of third party without prior consent of MPLUN.


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8.3 The Service Provider and the Service Provider's Team shall not without the prior

written consent of MPLUN install any hardware or software not purchased /

owned by MPLUN.

9. CONTRACT ADMINISTRATION

Both parties shall appoint any individual / organization as their authorized

representative through a written notice to the other party as the primary contact of

each party with respect to this Contract, which person may be re- designated by a

party by notice to the other. Each Representative shall have the authority to:

9.1 Exercise all of the powers and functions of his/her Party under this Contract and

ensure the proper administration and performance of the terms hereof, other

than the power to amend this Contract; and

9.2 Bind his or her Party in relation to any matter arising out of or in connection with

this Contract.

9.3 For the purpose of execution or performance of the obligations under this

Contract, MPLUN’s representative would act as an interface with the nominated

representative of the Service Provider. The Service Provider shall comply with

any instructions that are given by MPLUN’s representative during the course of

this Contract in relation to the performance of its obligations under the terms of

this Contract, the RFP and the Bid.

9.4 A Committee comprising of representatives from MPLUN and the Service

Provider shall meet on a regular basis to discuss any issues / bottlenecks being

encountered. The Service Provider shall draw the minutes of these meetings and

circulate to MPLUN.

10. RIGHT OF MONITORING, INSPECTION AND PERIODIC AUDIT

10.1 MPLUN reserves the right to inspect, monitor and assess the progress

/performance /maintenance of the E- PROCUREMENT SOLUTION FOR MPLUN

and the server on which the application is hosted at any time during the course

of this Contract. MPLUN may demand and upon such demand being made, it

shall be provided with any document, data, material or any other information

which it may require, to enable it to do the same.

10.2 MPLUN shall also have the right to conduct, either itself or through another

person as it may deem fit, an audit to monitor the performance by the Service

Provider of its obligations/functions in accordance with the standards committed

to or required by MPLUN and the Service Provider undertakes to cooperate with

and provide to MPLUN / another person appointed by MPLUN all documents and


94

other details as may be required by them for this purpose. Any deviations or

contravention identified as a result of such audit/assessment would need to be

rectified by the Service Provider failing which MPLUN may, without prejudice to

any other rights that it may have issue a notice of default.

11. MPLUN’S OBLIGATIONS

11.1 MPLUN’s representative shall interface with the Service Provider, to provide

the required information, clarifications, and to resolve any issues as may arise

during the execution of this Contract. MPLUN shall provide adequate co-

operation in providing details, assisting with coordinating and obtaining of

approvals from various governmental agencies, in cases, where the intervention

of MPLUN is proper and necessary.

11.2 MPLUN shall ensure that timely approval is provided to the Service Provider,

where deemed necessary.

12. INFORMATION SECURITY

12.1 The Service Provider shall not carry and/or transmit any material,

information, layouts, diagrams, storage media or any other goods/material in

physical or electronic form, which are proprietary to or owned by MPLUN out of

MPLUN’s premises without prior written permission from MPLUN.

12.2 The Service Provider shall adhere to the Information Security Policy of

MPLUN as amended from time to time.

12.3 The Service Provider acknowledges that MPLUN’s business data and other

proprietary information or materials, whether developed by MPLUN or being

used by it pursuant to a license agreement with a third party (the foregoing

collectively referred to herein as “proprietary information”) are confidential and

proprietary to MPLUN ; and the Service Provider agrees to use utmost care to

safeguard the proprietary information and to prevent the unauthorized use or

disclosure thereof, which care shall not be less than that used by Service Provider

to protect its own proprietary information. Service Provider recognizes that the

goodwill of MPLUN depends, among other things, upon Service Provider keeping

such proprietary information confidential and that unauthorized disclosure of the

same by Service Provider could damage reputation of MPLUN. Service Provider

also recognizes that by reason of Service Provider’s duties here under, it may

come into possession of such proprietary information, even though it does not

take any direct part in or furnish the services performed for the creation of said

proprietary information and undertakes to limit access thereto to employees

with a need to such access to perform the services required by this contract.


95

Service Provider shall use such information only for the purpose of performing

the said services.

12.4 The Service Provider shall, upon termination of this contract for any reason,

or upon demand by MPLUN whichever is earlier, return any and all information

provided to Service Provider including any copies or reproductions, both hard

copy and electronic copy.

13. INSURANCE

13.1 The Service Provider shall, at his own expense, arrange appropriate

comprehensive insurance to cover all risks assumed by the Service Provider

under this Contract in respect of its personnel deputed under this Contract.

MPLUN will have no liability on this account.

13.2 The Service Provider shall take out at his own expense comprehensive

insurance policies against all risks of loss or damage caused to the equipment

owned by MPLUN or acquired for MPLUN.

14. INDEMNITY

The Service Provider shall execute and furnish to MPLUN a Deed of Indemnity

(Annexure IX) indemnifying MPLUN and holding it harmless from and against all

costs, loss, damages, expense, claims, on account of bodily injury, death or damage

to property (including any intellectual property claims) arising in favour of any

person, corporation or other entity (including MPLUN and any third party) or

liabilities of any kind howsoever suffered, arising or incurred inter alia during and

after this Contract period arising out of:

14.1 Any negligence or wrongful act or omission by the Service Provider, the

Service Provider’s Team or any third party in connection with or incidental to this

Contract; or

14.2 Any breach of any of the terms of the Bid as agreed, the RFP and this Contract

by the Service Provider, the Service Provider’s Team or any third party.

14.3 Performance or non-performance under this contract.

The indemnity shall be to the extent of 100% in favour of MPLUN.

15. CONFIDENTIALITY

15.1 Either Party shall not use Confidential Information, the name or the logo of

the other Party except for the purposes of this Contract;

15.2 The Parties may disclose Confidential Information in the following

circumstances only:

with the prior written consent of the other Party; and


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to a member of their Team (“Authorized Person” for this purpose) ; and

if the Authorized Person needs the Confidential Information for the

performance of obligations under this Contract; and

if the Authorized Person is aware of the confidentiality of the Confidential

Information and is obliged to use it only for the performance of

obligations under this Contract and does not disclose the same to any

person not connected with the performance of this Contract or does not

use the same to the detriment of the other Party.

15.3 Any Confidential Information being used by any Authorized Person will be

labelled as confidential.

15.4 The Parties shall do everything reasonably possible to preserve the

confidentiality of the Confidential Information including execution of a

confidentiality agreement with the members of their team to the satisfaction of

the Party owning Confidential Information.

15.5 Either Party shall protect any such Confidential Information of the other Party

from unauthorized disclosure to third parties with the same degree of care as it

would use for its own similar information. The foregoing restriction shall not

apply to any information which is –

already known by a Party prior to disclosure

independently developed by a Party prior to or independent of the

disclosure

publicly available other than by breach of this Contract

rightfully received from a third party without a duty of confidentiality

disclosed under operation of law

Disclosed by a Party with the prior written consent of the other Party.

15.6 The Parties shall sign a Reciprocal Non-Disclosure Agreement (NDA). Either

Party, its antecedents, delegates or other Agencies appointed shall be bound by

the NDA and will be held responsible for any breach of the NDA.

15.7 Either Party shall notify the other Party promptly if it is aware of any

disclosure of the Confidential Information otherwise than as permitted by this

Contract or with the authority of the Party owning Confidential Information.

15.8 Either Party shall be liable to fully recompense the other Party for any loss of

revenue arising from breach of confidentiality. The Parties reserve the right to

adopt legal proceedings, civil or criminal, against each other in relation to a

dispute arising out of breach of obligation under this clause.

15.9 The obligations of confidentiality imposed by the clause shall survive any

variation, termination or expiration of this contract.


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16. TERM AND EXTENSION

16.1 The term of this Contract is as prescribed in clause 6.

16.2 MPLUN reserves the right to grant any extension to the term above

mentioned and shall notify in writing to the Service Provider, at least 30 days

before the expiration of the term hereof, whether it will grant the Service

Provider an extension of the term. The decision to grant or refuse the extension

shall be at the discretion of MPLUN. In case no written communication as

aforesaid is received by Service Provider from MPLUN it shall mean MPLUN does

not intend to give extension to this contract.

16.3 The Service Provider shall continue to perform all its obligations hereunder,

until such reasonable time beyond the Term of this Contract within which,

MPLUN shall either appoint an alternative person or create its own infrastructure

to operate such Services as are provided under this Contract.

17. PRICES

17.1 Prices quoted shall be firm and shall not be subject to any upward revision on

any account whatsoever throughout the period of this contract.

17.2 The Service Provider shall provide the “Most Preferred Customer” status to

MPLUN Accordingly, the prices payable for services shall in no event exceed the

lowest price at which the Service Provider offers similar services to any other

customer during the currency of this contract.

17.3 If at any time during the period of contract, the Service Provider offers

services similar in nature to any other customer, at prices lower than those

chargeable under this contract, then the service provider shall extend such

reduced prices to MPLUN with immediate effect.

18. CHANGE REQUEST

18.1 The Service Provider agrees that the requirements given in specifications of

the RFP are broad requirements and are in no way exhaustive and guaranteed by

MPLUN.

18.2 It shall be the responsibility of the Service Provider to meet all the

requirements of any upward revisions and / or additions of quantities /

specifications / sizes given in Specifications etc. of the Bid required to be made

shall not constitute a change order and shall be carried out without a change

order and shall be carried out without any time and cost effect to MPLUN.

18.3 Any upward revision and/or additions consequent to errors, omissions,

ambiguities, discrepancies in the specification etc. of the Bid which the Service

Provider had not brought to MPLUN’s notice at the time of the Bid shall not

constitute a change order and such upward revisions and/or addition shall be

carried out by Service Provider without any time and cost effect to MPLUN.


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18.4 The change request will be initiated only in case;

MPLUN directs the Service Provider in writing to include any addition to the scope of work covered under this Contract or delete any part of the scope of the work under this Contract; or

The Service Provider requests to delete any part of the work which will not adversely affect the implementation and if the deletions proposed are agreed to by MPLUN and for which time benefits shall be passed on to MPLUN.

18.5 If there is a difference of opinion between the Service Provider and MPLUN

representative whether a particular work or part of the work constitutes a

change request or not, the matter shall be handled in accordance with the

procedures set forth in Clause Procedures for Change Order.Within 14 working

days of receiving the comments from MPLUN on the specification, purchase

requisitions and other documents submitted by the Service Provider for

approval, the Service Provider shall respond in writing, which item(s) of the

Comments is/are potential changes(s) in the Scope of work covered in this

Contract and shall advise a date by which change request (if applicable) will be

submitted to MPLUN.

19. PROCEDURES FOR CHANGE REQUEST

19.1 During the installation and configuration of the E- PROCUREMENT SOLUTION

FOR MPLUN , if the Service Provider observes that any new requirement which is

not specific or intended by this Contract has been stipulated by MPLUN while

approving the specifications, purchase requisitions, other documents etc. it shall

verbally discuss the matter with the representatives of MPLUN.

19.2 In case such requirement arises from the side of the Service Provider, he

would also verbally discuss the matter with the representative giving reasons

therefore.

19.3 In either of the two cases, the representatives of both the parties shall

discuss on the new requirement for better understanding and shall mutually

decide whether such requirement constitutes a change request or not.

19.4 If it is mutually agreed that such requirement constitutes a “Change request”

then a joint memorandum will be prepared and signed by the Service Provider

and MPLUN to confirm a “Change request” and basic ideas of necessary agreed

arrangement.

19.5 Upon completion of the study referred to above under Clause 19.4, the

results of this study along with all relevant details including the estimated time

thereof with supporting documents would be submitted to MPLUN to enable

MPLUN to give a final decision whether the Service Provider should proceed with

the change request or not in the best interest of the works. The business impact


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indicated by Service Provider shall be considered as a ceiling limit and shall be

provisionally considered for taking a decision to implement change requset. The

time impact applicable to this Contract shall be mutually agreed, subsequently,

on the basis of the detailed calculations supported by all relevant back up

documents. In case the Service Provider fails to submit all necessary

substantiation/calculations and back up documents, the decision of MPLUN

regarding time and business impact shall be final and binding on the Service

Provider.

19.6 If MPLUN accepts the implementation of the change request under Clause

19.5 above in writing, which would be considered as change request, the Service

Provider shall commenceto proceed with the relevant work stipulated in the

change request pending final agreement between the parties.

20. SUSPENSION OF WORK

The Service Provider shall, if ordered in writing by MPLUN for non-performance,

temporarily suspend the works or any part thereof for such a period and such time

as ordered. The Service Provider shall not be entitled to claim compensation for any

loss or damage sustained by him by reason of temporary suspension of the Works as

aforesaid. An extension of time for completion, corresponding with the delay caused

by any such suspension of the works as aforesaid shall be granted to the Service

Provider, if request for same is made provided that the suspension was not

consequent to any default or failure on the part of the Service Provider. In case the

suspension of works, is not consequent to any default or failure on the part of the

Service Provider, and lasts for a period of more than 3 months, the Service Provider

shall have the option to request MPLUN to terminate this Contract with mutual

consent.

21. TENURE OF CONTRACT

Unless terminated earlier, this Contract shall terminate on the completion of term as

specified in this Contract and only after the obligations mentioned in Clause

consequence of termination are fulfilled to the satisfaction of MPLUN.


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22. PENALTY

The time-schedule for initial customization and each event thereafter is given as

follows:

S.

No.

Particulars Delivery Schedule

1. Customization of the e-Procurement Portal for MPLUN (e-tender, Reverse/forward auction), complying with MPLUN’s

technical and functional requirements and handing over this platform to MPLUN for conducting an e-tender/auction events.

90 days from date of acceptance of

Purchase Order

2. Provision of error file, log file and other MIS as needed byMPLUN after each tender event.

7 days from end ofeach tender event.

3. Submission of RCA (Root Cause Analysis) report for failedevents due to technical issues at Bidder's end.

3 days from end ofeach tender event.

Note: - Once the solution is configured and provisioned as per MPLUN requirement a

sample case will be tested for the entire e-Procurement process and the solution will

be rolled out for operation/use.

The SI shall adhere to the time schedule indicated in Tender notification for

completion of the Project. He shall complete process and shall commence tender

event within specified period from the date of approval by the designated authority.

In case of delay in execution of the project, a penalty calculated at the rate of ₹ 2000

per day of delay will be levied. The maximum penalty shall be limited to

₹10,00,000/-. Once the maximum is reached, the Tendering Authority may consider

termination of the contract

No charge will be paid for an event that is cancelled due to any technical fault/

failure on part of the Selected Bidder (including connectivity to the bidder's

portal/data center /servers etc.). Additionally, a flat penalty of 10% of the ‘per Event

cost’ will be levied for each of the cancelled events. If the event is cancelled by

MPLUN, no penalty will be levied. MPLUN will be solely entitled to declare

‘cancellation’ of an event and to categorize it as a failure due to technical

fault/failure on part of the Selected Bidder.


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23. PAYMENT SCHEDULE

23.1 DELIVERY SCHEDULE & PAYMENT TERMS:

The payment will be made on monthly basis for all the e-Procurement event conducted during this period on submission of all required document e.g. Letters of completion of e-Procurement event, original bill/invoice, solution Uptime Report etc. Note: - Each tender will be considered as an event.

The contract shall be deemed as incomplete if any event is not completed within the stipulated time period or the event is not successfully completed in the manner as specified by MPLUN or if any act/event/incident (including legal) takes place which can be directly or indirectly attributed to the bidder, which results in any delay / incompletion of an event or which results in a reputational or other loss to MPLUN.

23.2 All Payments shall be made in Indian Rupees Only and will be subject to

provisions of Clause Liquidated Damages.

23.3 MPLUN shall be entitled to make recoveries from the Service Provider's bill,

the Performance Bank Guarantee, or from any other amount due to the Service

Provider, of the equivalent value of any payment made to it due to inadvertence,

error, collusion, misconstruction, misstatement or mistake.

23.4 Bidders should consider all the costs required for successful delivery and

implementation of E- PROCUREMENT SOLUTION FOR MPLUN. MPLUN will not be

liable to pay any extra cost, charges or out of pocket expenses.

23.5 Payment will be released upon the successful implementation and go-live of

the E- PROCUREMENT SOLUTION FOR MPLUN.

24. EVENTS OF DEFAULT BY THE SERVICE PROVIDER

The failure on the part of the Service Provider to perform any of his obligations or

comply with any of the terms of this Contract shall constitute an Event of Default on

the part of the Service Provider. The events of default as mentioned above may

include inter-alia the following:

24.1 The Service Provider fails to perform any thing as per any instruction or

directive issued by MPLUN which MPLUN deems proper and necessary to

execute the scope of work under this Contract, or

24.2 The Service Provider fails to adhere to any of the terms of this Contract, or if

the Service Provider falls short of matching such standards/targets as MPLUN

may have designated with respect to any task necessary for the execution of the

scope of work under this Contract. The above mentioned failure on the part of


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the Service Provider may be in terms of failure to adhere to timelines,

specifications, requirements or any other criteria as defined by MPLUN;

24.3 The Service Provider fails to remedy a failure to perform its obligations in

accordance with the specifications issued by MPLUN despite being served with a

default notice which lays down the specific deviance on the part of the Service

Provider to comply with any stipulations or standards as laid down by MPLUN ; or

24.4 The Service Provider /Service Provider’s Team fails to conform with any of the

Service/Facility Specifications/standards as set out in the scope of work of this

Contract or has failed to adhere to any amended direction, modification or

clarification as issued by MPLUN during the term of this Contract and which

MPLUN deems proper and necessary for the execution of the scope of work

under this Contract

24.5 The Service Provider fails to demonstrate or sustain any representation or

warranty made by it in this Contract, with respect to any of the terms of its Bid,

the RFP and this Contract

24.6 There is a proceeding for bankruptcy, insolvency, winding up or there is an

appointment of receiver, liquidator, assignee, or similar official against or in

relation to the Service Provider.

24.7 The Service Provider / Service Provider’s Team fails to comply with or is in

breach or

24.8 Contravention of any applicable laws.

24.9 Where there has been an occurrence of such defaults inter alia as stated

above, MPLUN shall issue a notice of default to the Service Provider, setting out

specific defaults / deviances /omissions and providing Sixty (60) days to enable

the Service Provider to remedy the default committed.

24.10 Where despite the issuance of a default notice to the Service Provider by

MPLUN the Service Provider fails to remedy the default to the satisfaction of

MPLUN, MPLUN may, where it deems fit, issue to the Service Provider another

default notice or proceed to adopt such remedies as may be available to MPLUN

25. CONSEQUENCES IN EVENT OF DEFAULT

Where an Event of Default subsists or remains uncured MPLUN /shall be entitled to:

25.1 impose any such obligations and conditions and issue any clarifications as

may be necessary to inter alia ensure smooth continuation of Services and the

Service Provider shall be obliged to comply with which may include unilateral re-

determination by MPLUN of the consideration payable to the Service Provider

hereunder. The Service Provider shall in addition take all available steps to

minimize loss resulting from such event of default.


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25.2 MPLUN may, by a written notice of suspension to the Service Provider,

suspend all payments to the Service Provider under this Contract, provided that

such notice of suspension:

shall specify the nature of the failure; and

shall request the Service Provider to remedy such failure within a specified

period from the date of receipt of such notice of suspension by the Service

Provider

25.3 Where MPLUN deems necessary, it shall have the right to require

replacement of any of the Service Provider’s sub-contractors / vendors with

another suitable member. The Service Provider shall in such case terminate

forthwith all their agreements/contracts other arrangements with such member

and find suitable replacement for such outgoing member with another member

to the satisfaction of MPLUN. Failure on the part of the Service Provider to find a

suitable replacement and/or terminate all agreements/contracts with such

member, shall amount to a breach of the terms hereof and MPLUN in addition to

all other rights, have the right to claim damages and recover from the Service

Provider all losses/ or other damages that may have resulted from such failure.

26. TERMINATION

MPLUN may, terminate this Contract in whole or in part by giving the Service

Provider 30 days prior and written notice indicating its intention to terminate this

Contract under the following circumstances:

26.1 Where MPLUN is of the opinion that there has been such Event of Default on

the part of the Service Provider which would make it proper and necessary to

terminate this Contract. This shall include failure on the part of the Service

Provider to respect any of its commitments with regard to any part of its

obligations under its Bid, the RFP or under this Contract.

26.2 Where it comes to MPLUN’s attention that the Service Provider (or the

Service Provider’s Team) is in a position of actual conflict of interest with the

interests of MPLUN in relation to any of terms of the Service Provider’s Bid, the

RFP or this Contract.

26.3 Where the Service Provider’s ability to survive as an independent corporate

entity is threatened or is lost owing to any reason whatsoever, including inter-

alia the filing of any bankruptcy proceedings against the Service Provider, any

failure by the Service Provider to pay any of its dues to its creditors, the

institution of any winding up proceedings against the Service Provider or the

happening of any such events that are adverse to the commercial viability of the

Service Provider. MPLUN reserves the right to take any steps as are necessary to


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ensure the effective transition of the project to new vendor and to ensure

business continuity and the Service Provider shall co-operate for the same.

26.4 Termination for Insolvency: MPLUN may at any time terminate this Contract

by giving written notice to the Service Provider, without compensation to the

Service Provider, if the Service Provider becomes bankrupt or otherwise

insolvent, provided that such termination will not prejudice or affect any right of

action or remedy which has accrued or will accrue thereafter to MPLUN.

26.5 Termination for Convenience: MPLUN may, by giving prior written notice sent

to the Service Provider at least 30 days in advance, terminate this Contract, in

whole or in part at any time for its convenience. The notice of termination shall

specify that termination is for MPLUN convenience, the extent to which

performance of work under this Contract is terminated, and the date upon which

such termination becomes effective.

26.6 MPLUN may terminate this Contract, by giving a written notice of termination

of minimum Thirty (30) days, to the Service Provider, if the Service Provider fails

to comply with any decision reached consequent upon arbitration proceedings

pursuant to dispute resolution clause hereunder.

26.7 MPLUN may terminate this Contract, by giving a written notice of termination

of Thirty (30) days, to the Service Provider, if at any point of time and for any

period the penalty exceeds 25% of PBG submitted by the Service provider.

The Service Provider may, subject to approval by MPLUN terminate this Contract

before the expiry of its term by giving MPLUN a prior and written notice at least

30 days in advance indicating its intention to terminate the Contract.

27. CONSEQUENCES OF TERMINATION

27.1 In the event of termination of this contract due to any cause whatsoever, the

Service Provider shall be blacklisted and its empanelment will stand cancelled

effective from the date of termination of this contract.

27.2 In the event of termination of this Agreement, MPLUN reserves its rights to

call for new bids or issue a Letter of Intent/ Notification of Award to the next best

value bidder of this tendering process.

27.3 In the event of termination of this Contract due to any cause whatsoever,

[whether consequent to the stipulated Term of this Contract or otherwise]

MPLUN shall be entitled to impose any such obligations and conditions and issue

any clarifications as may be necessary to ensure an efficient transition and

effective business continuity of the project which the Service Provider shall be

obliged to comply with and take all available steps to minimize loss resulting

from that termination/breach, and further allow and provide all such assistance


105

to MPLUNand/or the new vendor, as may be required, to take over the

obligations of the Service Provider in relation to the execution/continued

execution of the scope of this Contract.

27.4 Where the termination of this Contract is prior to its stipulated term on

account of Default on the part of the Service Provider or due to the fact that the

survival of the Service Provider as an independent corporate entity is

threatened/has ceased, or for any other reason, whatsoever,MPLUN through

unilateral re-determination of the consideration payable to the Service Provider

shall pay the Service Provider for that part of the Services which have been

authorized by MPLUN and satisfactorily performed by the Service Provider up to

the date of termination.Without prejudice to any other rights, MPLUN may retain

such amounts from the payment due and payable by MPLUN to the Service

Provider as may be required to offset any losses caused to MPLUN as a result of

any act/omissions of the Service Provider. In case of any loss or damage due to

default on the part of the Service Provider in performing any of its obligations

with regard to executing the scope of work under this Contract, the Service

Provider shall compensate MPLUN for any such loss, damages or other costs,

incurred by MPLUN.

Additionally, the Service Provider and the Service Provider's Team shall perform

all their obligations and responsibilities under this Contract in an identical

manner as were being performed before the termination contract with the

Service Provider as described above in order to execute an effective transition

and to maintain business continuity. All third parties shall continue to perform

all/any functions as stipulated by MPLUN and as may be proper and necessary to

execute the scope of work under this Contract in terms of the Service Provider’s

Bid, the RFP and this Contract.

27.5 Nothing herein shall restrict the right of MPLUN to invoke the Performance

Bank Guarantee and other Guarantees furnished hereunder, enforce the Deed of

Indemnity and pursue such other rights and/or remedies that may be available to

MPLUN under law.

27.6 The termination hereof shall not affect any accrued right or liability of either

Party nor affect the operation of the provisions of this Contract that are expressly

or by implication intended to come into or continue in force on or after such

termination.

28. LIQUIDATED DAMAGES

28.1 Subject to clause about Force Majeure if the Service Provider fails to

complete the implementation of the project and provisioning of services before

the scheduled completion date or the extended date or if Service Provider


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repudiates this Contract before completion of the Work, MPLUN at its discretion,

may without prejudice to any other right or remedy available to MPLUN under

this Contract recover a maximum of 10 percent of the total contract price from

the Service Provider, as Liquidated Damages (LD).

28.2 In the case it leads to termination, MPLUN shall give 30 days’ notice to the

Service Provider of its intention to terminate this Contract and shall so terminate

this Contract unless during the 30 days' notice period, the Service Provider

initiates remedial action acceptable to MPLUN.

28.3 MPLUN shall without prejudice to its right to affect recovery by any other

method, deduct the amount of liquidated damages from any money belonging to

the Service Provider in its hands (which includes MPLUN’s right to claim such

amount against Service Provider’s Performance Bank Guarantee) or which may

become due to the Service Provider. Any such recovery or liquidated damages

shall not in any way relieve the Service Provider from any of its obligations to

complete the Works or from any other obligations and liabilities under this

Contract.

29. DISPUTE RESOLUTION

Where any dispute or difference between the parties arising out of, in connection

with or resulting from this Contract including formation, validity, interpretation,

performance, breach and rights of the parties hereunder and whether arising during

or after the period of this Contract has not been resolved in the normal course of

business, it shall be resolved as provided in this Section.

The parties shall endeavor to resolve all such disputes or differences in accordance

with 29.1 below prior to resorting to arbitration in the manner set out under 29.2

29.1 Negotiations between Executives/ Mediation.

The parties shall attempt in good faith to resolve all such disputes or differences

in an amicable manner promptly by negotiations between executives who have

authority to settle the controversy.

Any party may give the other party written notice of any such dispute or

difference not resolved in the normal course of business. Within 15 days after

delivery of said notice, executives of such parties shall meet at a mutually

acceptable time and place, and thereafter as often as they reasonably deem

necessary, to exchange relevant information and to attempt to resolve the

dispute or difference. If the matter has not been resolved within 60 days after

the disputing party’s notice, or if the parties fail to meet within 15 days, either

party may initiate arbitration under 29.2 hereof.


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If a negotiator intends to be accompanied at a meeting by an attorney, the other

negotiator shall be given at least 7 days’ prior notice of such intention and may

also be accompanied by an attorney. All negotiations pursuant to this paragraph

shall be confidential.

29.2 ARBITRATION

Subject to the prior application of the procedure laid down under 29.1, and as a

condition precedent to any right of action under this Contract all such disputes or

differences shall be referred to binding arbitration under this paragraph.

Written Demand. In the event that any dispute or difference is not

resolved under29.1 hereof, either party may institute arbitration under

29.2 by making written demand on the other party.

Composition of arbitral tribunal. The parties shall agree upon and appoint

a single Arbitrator within thirty days of one receiving a written demand

from the other for Arbitration. Upon such appointment the arbitral

tribunal shall be constituted and shall consist of a sole arbitrator

In the event that the parties fail to appoint a single Arbitrator within thirty

days of the written demand, the Claimant (the party requesting Arbitration)

shall appoint his Arbitrator within fifteen days thereafter and give written

notice thereof to the Respondent (the other party). Within fifteen days of

receiving such notice the Respondent shall appoint his Arbitrator and give

written notice thereof to the Claimant. Within fifteen days of theappointment

of the Arbitrator by the Respondent, the two appointed arbitrators shall then

appoint a third arbitrator to act as a Presiding Officer. The Tribunal shall be

constituted upon the appointment of the third arbitrator and upon such

appointment the three together shall constitute the arbitral tribunal.

In the event that the Respondent fails to appoint his Arbitrator or the two

appointed arbitrators fails to appoint a third arbitrator to act as a Presiding

Officer, in the manner aforesaid, the Claimant or the Respondent as the case

may be, may apply to the High Court of Madhya Pradesh, India and the

appointment shall thereupon be made by the Chief Justice of that court.

At any time, prior to such appointment by the Chief Justice of the High Court

of Madhya Pradesh, the

Respondent or the arbitrators in default as the case may be, may make such

appointment


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Qualifications of the arbitrators. The arbitrators shall not have any

personal, financial or other interest in the result of the arbitration and

shall be and remain independent and impartial of each party.

Procedure to be followed by the Tribunal. The parties shall submit their

respective cases to the Tribunal within 30 days of the constitution of the

Tribunal or within such longer period as the Tribunal may grant.

The Tribunal shall give its award in writing within six months from the

submission of the cases to it. The Tribunal shall decide by majority. The

decision rendered by a majority of the arbitrators shall be final and

binding on the parties who consent to carry out the same. Such decision

shall be a condition precedent to any right of legal action arising out of

the arbitrated dispute that any parties may have against the other.

Powers of the Tribunal. The Tribunal is not to be bound by any strict rules

of procedure or evidence. It shall have the power to fix all procedural

rules for the holding of the Arbitration including discretionary power to

make orders as to any matters which it may consider proper in the

circumstances of the case with regard to pleadings, discovery, inspection

of documents, examination of witnesses and any other matter

whatsoever relating to the conduct of the Arbitration and may receive

and act upon such evidence whether oral or written strictly admissible or

not as it shall in its discretion think fit.

The Tribunal may in its sole discretion make such orders and directions as

it considers necessary for the final determination of the matters in

dispute. The Tribunal shall have the widest discretion permitted under the

law governing the arbitral procedure when making such orders or

directions.

Arbitration Expenses. All costs of the arbitration shall be determined by

the Arbitral Tribunal which may, taking into account the law and practice

of the place of arbitration, direct to and by whom and in what manner

they shall be paid.

Place of Arbitration. The seat of arbitration shall be Bhopal, India.

Except as provided above, arbitration shall be as per the Indian

Arbitration and Conciliation Act, 1996 and rules made thereunder and any

statutory modifications, amendments or re-enactments thereof from time

to time shall be applicable

The Arbitral Tribunal shall apply the laws as specified under Governing

Law and the Jurisdiction of Courts clauses in this Agreement.


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MPLUN may terminate this contract, by giving a written notice of

termination of minimum 30 days, to the Service Provider, if the Service

Provider fails to comply with any decision reached consequent upon

arbitration proceedings as detailed above.

29.3 Continuance of this Contract: Notwithstanding the fact that settlement of

dispute(s) (if any) under arbitration may be pending, the parties hereto shall

continue to be governed by and perform the work in accordance with the

provisions of this contract to ensure continuity of operations.

30. LIMITATION OF THE SERVICE PROVIDER’S LIABILITY TOWARDS MPLUN

Except in case of gross negligence or willful misconduct on the part of the Service

Provider or on the part of any person or company acting on behalf of the Service

Provider in carrying out the Services, the Service Provider, with respect to damage

caused by the Service Provider to MPLUN’s property, shall not be liable to MPLUN

for any indirect or consequential loss or damage; and shall not be liable to MPLUN

for any direct loss or damage that exceeds (A) the total payments payable under this

contract to the Service Provider hereunder, or (B) the proceeds the Service Provider

may be entitled to receive from any insurance maintained by the Service Provider to

cover such a liability, whichever of (A) or (B) is higher.

This limitation of liability shall not affect the Service Provider’s liability, if any, for

damage to Third Parties caused by the Service Provider or any person or

firm/company acting on behalf of the Service Provider in carrying out the Services.

Such limitations and exclusions set out herein shall however, not apply to any claim

or liability resulting from breach of confidentiality obligations

31. CONFLICT OF INTEREST

The Service Provider shall disclose to MPLUN in writing, all actual and potential

conflicts of interest that exist, arise or may arise (either for the Service Provider or

the Service Provider’s Team) in the course of performing the Services as soon as

practical after it becomes aware of that conflict.

32. SEVERANCE

In the event any provision of this Contract is held to be invalid or unenforceable by a

court of competent jurisdiction, then the remaining provisions of this Contract will

nevertheless remain in full force and effect. The parties agree to negotiate in good

faith a substitute, valid and enforceable provision which most nearly effects the

parties' intent in entering into this contract.


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33. GOVERNING LANGUAGE

The Agreement shall be written in English language. All correspondence and other

documents pertaining to this Contract that are exchanged by parties shall be written

in English language only.

34. PUBLICITY

The Service Provider agrees not to advertise, publish or disclose the existence or

terms of this contract or that it has contracted to furnish the services described in

this contract, without the prior written consent of MPLUN. In particular, the Service

Provider shall not make or permit to be made a public announcement or media

release about any aspect of this Contract unless MPLUN first gives the Service

Provider its written consent.

35. FORCE MAJEURE

35.1 Force Majeure shall not include any events caused due to acts/omissions of

such Party or result from a breach/contravention of any of the terms of this

Contract, Bid and/or the Tender. It shall also not include any default on the part

of a Party due to its negligence or failure to implement the stipulated/proposed

precautions, as were required to be taken under this Contract.

35.2 The failure or occurrence of a delay in performance of any of the obligations

of either party shall constitute a Force Majeure event only where such failure or

delay could not have reasonably been foreseen, or where despite the presence

of adequate and stipulated safeguards the failure to perform obligations has

occurred. This would include natural and unavoidable catastrophes that interrupt

the expected course of events which events may include, but are not restricted

to, instances of wars or revolutions, fires, floods, epidemics, quarantine

restrictions, freight embargoes and any event or circumstance of a nature

analogous to any of the foregoing which would have an impact on MPLUN. In

such an event, the affected party shall inform the other party in writing within

five days of the occurrence of such event. MPLUN will make the payments due

for Services rendered till the occurrence of Force Majeure. However, any failure

or lapse on the part of the Service Provider in performing any obligation as is

necessary and proper, to negate the damage due to projected force majeure

events or to mitigate the damage that may be caused due to the

abovementioned events or the failure to provide adequate disaster

management/recovery or any failure in setting up a contingency mechanism

would not constitute force majeure, as set out above.


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35.3 In case of a Force Majeure, all Parties will endeavor to agree on an alternate

mode of performance in order to ensure the continuity of service and

implementation of the obligations of a party under this Contract and to minimize

any adverse consequences of Force Majeure

36. RELATIONSHIP BETWEEN THE MPLUN AND THE SERVICE PROVIDER

36.1 Nothing in this Contract constitutes any fiduciary relationship between

MPLUN and Service Provider / Service Provider’s Team or any relationship of

employer employee, principal and agent, or partnership or joint ventures,

between MPLUN and Service Provider.

36.2 No Party has any authority to bind the other Party in any manner whatsoever

except as agreed under the terms of this Contract.

36.3 MPLUN has no obligations to the Service Provider or the Service Provider’s

Team except asagreed under the terms of this Contract.

37. NO ASSIGNMENT

The Service Provider shall not transfer any interest, right, benefit or obligation under

this Contract without the prior written consent of MPLUN and any purported

attempt to do so shall be deemed void.

38. SUB-CONTRACTING

In case sub-contracting is required, the Service Provider shall seek prior permission

and submit the list of sub – contractors to MPLUN for its approval in sufficient time

so as not to impede the progress of work. Such approval by MPLUN of a sub –

contractor(s) shall not relieve the Service Provider from any of its obligations, duties,

or responsibilities under this Agreement.

39. ENTIRE CONTRACT

The terms and conditions laid down in the RFP and all annexures thereto as also the

Bid and any attachments/annexes thereto shall be read in consonance with and

form an integral part of this Contract. This Contract supersedes any prior Contract,

understanding or representation of the Parties on the subject matter.

40. GOVERNING LAW

This Contract shall be governed in accordance with the laws of India.

41. JURISDICTION OF COURTS

The courts of India at Bhopal have exclusive jurisdiction to determine any

proceeding in relation to this Contract.

42. COMPLIANCE WITH LAWS

The Service Provider shall comply with the laws in force in India in the course of

performing this Contract.


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43. NOTICES

A “notice” means;

1. a notice; or

2. a consent, approval or other communication required to be in writing under

this Contract.

All notices, requests or consents, permissions, approvals or other communications

provided for or permitted to be given under this Contract shall be in writing and shall

be deemed effectively given when personally delivered or mailed by pre-paid

certified / registered mail, return receipt requested, addressed as follows and shall

be deemed received two days after mailing or on the date of delivery if personally

delivered to:

To MPLUN, at:

Panchanan Bhawan


Bhopal – 462003

Phone: 91-755-2673160

To Service Provider at :

<Address>

<Phone:>

<Fax:>

Any Party may change the address to which notices are to be directed to it by notice

to the other parties in the manner specified above. A notice served on a

Representative is taken to be notice to that Representative’s Party

44. WAIVER

44.1 Any waiver of any provision of this Contract is ineffective unless it is in writing

and signed by the Party waiving its rights.

44.2 A waiver by either Party in respect of a breach of a provision of this Contract

by the other Party is not a waiver in respect of any other breach of that or any

other provision.

44.3 The failure of either Party to enforce at any time any of the provisions of this

Contract shall not be interpreted as a waiver of such provision.

45. MODIFICATION

Any modification of this Contract shall be in writing and signed by an authorized

representative of each Party


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46. CO-OPERATION

Each party to this contract agrees to execute and deliver all documents and to

perform all further acts and to make any and all further steps that may be

reasonably necessary to carry out the provisions of this contract and transactions

contemplated thereby.

47. SURVIVAL

Notwithstanding any termination of this contract, the provisions of this contract that

are either by express language or impliedly meant to survive termination, shall

survive.

48. NON – RESTRICTIVE RELATIONSHIP:

Nothing in this contract shall be construed to preclude MPLUN from independently

developing or acquiring expertise which may perform the same or similar functions

as those provided by the Service Provider for E- PROCUREMENT SOLUTION FOR

MPLUN.

49. IMPROVEMENTS AND FUNCTIONALITY ENHANCEMENTS:

During the term of this contract, both parties will identify all enhancements and

modifications (improvements) to the E- PROCUREMENT SOLUTION FOR MPLUN

which improve the competitive advantage of the MPLUN. Any such identifications

shall be the sole property of MPLUN.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed

as of the day and year first written above.

Madhya Pradesh Laghu Udyog Nigam Ltd.

By:

Name:

Title:

__________________________

By:

Name:

Title:


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Annexure-VIII

DRAFT OF PERFORMANCE BANK GUARANTEE (PBG) TO BE EXECUTED BY THE

VENDORFOR E- PROCUREMENT SOLUTION FOR MPLUN

(To be executed on a non-judicial stamp paper of appropriate denomination)

To,

Madhya Pradesh Laghu Udyog Nigam Ltd,

Panchanan Bhawan


Bhopal – 462003

Phone: 91-755-2673160


In consideration of the Madhya Pradesh Laghu Udyog Nigam, a State Govt registered

under companies act 1956, and having its registered office at Panchanan Bhawan

1st Floor, Malviya Nagar, Bhopal – 462003 (hereinafter called 'Corporation'), having

agreed to exempt _______________________________ (Supplier's name and

address) (hereinafter called "the said Suppliers") from the demand, under the terms

and conditions of Corporation's tender Document for E- PROCUREMENT SOLUTION

FOR MPLUN and Agreement dated ______________ made between the Madhya

Pradesh Laghu Udyog Nigam Ltd and ______________________________ (Supplier's

Name) for E- PROCUREMENT SOLUTION FOR MPRUN (hereinafter called "the said

Agreement") security deposit for the due fulfillment by the said suppliers of the

terms and conditions contained in the said Agreement, on the production of a bank

guarantee for Rs._____________ (Rupees _____________________________only).

1. We, __________________________________ (Name of the bank and full

address) (hereinafter called the "Bank") at the request of

______________________________ (Name of supplier/s) do hereby undertake

to pay to the Corporation an amount not exceeding Rs._____________ (Rupees

_______________________________only) caused to or suffered by the

Corporation by reason of any breach by the said suppliers of any of the terms

and conditions contained in the said Agreement.

2. We, __________________________________ (Name of the bank and full

address) do hereby undertake to pay the amounts due and payable under this

guarantee without any demur, merely on a demand from the Corporation stating



115

that the amounts claimed is due by way of loss or damage caused to or would be

caused to or suffered by the Corporation by reason of breach by the

saidsuppliers of any of the terms and conditions contained in the said Agreement

or by reason of the service provider’s failure to perform the said Agreement. Any

such demand made on the Bank shall be conclusive as regards the amount due

and payable by the Bank under this guarantee. However, our liability under this

guarantee shall be restricted to an amount not exceeding Rs.___________/-

(Rupees ________________only).

3. We ____________________________ (Name of the bank and full address)

undertake to pay to the Corporation any money so demanded notwithstanding

any dispute or dispute raised by the supplier(s) in any suit or proceeding pending

before any court or Tribunal relating hereto our liability under this present being)

absolute and unequivocal.

The Payment so made by us under this bond shall be a valid discharge of our

liability for payment thereunder and the supplier(s) shall have no claim against us

for making such payment.

4. We, ____________________________ (Name of the bank and full address)

further agree that the guarantee herein contained shall remain in full force and

effect during the period that would be taken for the performance of the said

Agreement and that it should continue to be enforceable till all the dues of the

Corporation be under or by virtue of the said Agreement have been fully paid

and its claim authorities satisfied or discharged by the said suppliers.

Unless a claim or demand under this guarantee is made or presented to the Bank

within six months from the expiry date of this Bank Guarantee, all the rights of

the Corporation under this guarantee shall cease and the Bank shall be released

and discharged from all liability hereunder.

5. We, ___________________ (Name of the bank and full address) further agree

with the Corporation that the Corporation 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 of the said suppliers from time to time to postpone for any time or

from time to time of the powers exercised by the Corporation against the said

suppliers and to forbear or enforce any of the terms and conditions relating to

said Agreement and we shall not be relieved from our liability by reason of any

variation, or extension being granted by the said Corporation to the said supplier

or by any such matter or thing whatsoever which under the law relating to

sureties would but for this provision, have effect of so relieving us.


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6. Any claim which we, _____________________________________________

(Name of the bank and full address) have against the Vendor shall be subject and

subordinate to the prior payment and performance in full of all the obligations of

it hereunder. The Bank will not, without prior written consent of the Purchaser,

exercise any legal right or remedy of any kind in respect of any such payment or

performance so long as the obligations of it hereunder remain owing and

outstanding

7. This guarantee will not be discharged due to the change in the continuation of

the Bank or the Vendor.

8. We, _________________________ (Name of the bank and full address)

undertake not to revoke this guarantee during its currency except with the

previous consent of the Corporation in writing.

9. Notwithstanding anything contained herein:-

a. Our liability under this Bank Guarantee shall not exceed Rs.________/-

(Rupees ____________________only).

b. This Bank Guarantee shall be valid upto _________________ and

c. We are liable to pay the guaranteed amount or any part thereof under this

Bank Guarantee only and only if Corporation serve upon us a written claim or

demand within six months from the expiry date of this Bank Guarantee.

10. Our obligation to pay hereunder is as principal debtor and not as surety and it

shall not be necessary for Purchaser “to proceed against” the said Vendor

“before proceeding against” the Bank and the guarantee herein contained shall

be enforceable against the Bank notwithstanding any other security which the

Purchaser may have obtained or obtain from the Vendor at the time when

proceedings are taken against the said Bank in any manner whatsoever.

11. This guarantee shall come into force immediately and shall be valid for at least 5

years.

12. We have the power to issue this guarantee in your favour and the undersigned

who are executing this guarantee have the necessary power to do so on behalf of

the Bank.

Date: ………day of …... 2017 for ___________________________ (Name of the

bank)

(Signature of the authorized officer of the Bank)


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Annexure-IX

RECIPROCAL NON-DISCLOSURE AGREEMENT

(To be executed on a non-judicial stamp paper of Rs.100/-)

This Agreement (“Agreement”) is entered into on this ___ day of ______ 2017

between:

__________________________________, having its corporate office at

______________________________________________________________ (“”) and

Madhya Pradesh Laghu Udyog Nigam Ltd , a corporation duly incorporated and

existing under the laws of India, whose registered office is at 4th Floor, Panchanan

Bhawan, Bhopal – 462000, India (“ MPLUN”).

Hereafter referred to individually as a “Party” and collectively as the “Parties”. For

purposes of this Agreement, the party receiving Confidential Information (as defined

herein below), shall be referred to as the “Receiving Party” and the party providing

the Confidential Information shall be referred to as the “Disclosing Party”.

WHEREAS, _____________ is inter alia engaged in the business of provision of

various information technology services, consultancy and outsourcing services

worldwide.

AND WHERAS, MPLUN is engaged in the business inter alia, of Reinsurance and Risk

Management related activities.

AND WHEREAS ___________________ and MPLUN are in the process of

consultations and discussions for exploring business opportunities as identified in

Scope of work mentioned in Section – III of this tender document to this Agreement

(“Purpose”).

To facilitate such consultations and discussions certain Confidential Information (as

defined below) will be required to be shared between the Parties.

AND WHEREAS, The parties wish to protect any such Confidential Information in

accordance with the terms and conditions of this agreement (the "Agreement").

NOW, THEREFORE, in consideration of receipt of Confidential Information it is

agreed as follows:


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1. Definition of “Confidential Information”

“Confidential Information” means any information disclosed to, received by,

otherwise accessed by or coming to the knowledge of any Party to this

Agreement that:

a. by its character or nature or by the circumstances in which it is

disclosed/received/ assessed/or it came to knowledge, such that a reasonable

person under like circumstances would treat it as confidential; or

b. Is designated by the disclosing party as confidential or identified in terms

connoting its confidentiality; or

c. The disclosing party considers confidential.

and includes but is not limited to, the following types of information and other

information of a similar nature (whether or not reduced to writing): discoveries;

concepts; software in various stages of development; designs; drawings;

specifications; techniques; models; data; source code; object code;

documentation; processes; procedures; know-how; marketing techniques and

materials; marketing and development plans; customer names and other

information related to customers, price lists, pricing policies and financial

information;

Confidential Information also includes information disclosed to the Receiving

Party by third parties on behalf of the Disclosing Party.

2. Information not categorized as “Confidential Information”

The obligation imposed, under this Agreement, on Receiving Party shall not apply

to information which:

a. Receiving Party can demonstrate by prior existing records, was within

Receiving Party's legitimate possession prior to the time of disclosure;

b. was within the public domain prior to disclosure, or comes into the public

domain through no wrongful act, fault, negligence or breach of this

Agreement on the part of the Receiving Party;

c. is independently developed by the Receiving Party without reference to or

reliance upon Confidential Information of the Disclosing Party;

d. Is or becomes lawfully available to Receiving Party on a non-confidential basis

from an independent source who is free to divulge such information.


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3. Restriction on Disclosure

Except as otherwise expressly permitted under this Agreement, Receiving party

shall not:

a. disclose, duplicate, copy, transmit or otherwise disseminate in any manner

whatsoever any Confidential Information of the Disclosing Party;

b. use the Confidential Information of the Disclosing Party (i) for Receiving

Party’s own benefit or that of any third party, (ii) to the Disclosing Party’s

detriment, or (iii) for any purpose other than for achieving the Purpose;

c. commercially exploit any Confidential Information of the Disclosing Party;

d. acquire any right in, or assert any lien against, the Confidential Information of

the Disclosing Party; or

e. Refuse for any reason to promptly return all Confidential Information of the

Disclosing Party if requested to do so.

4. Permitted Disclosures

Receiving party is permitted to:

a. disclose relevant aspects of the Disclosing Party's Confidential Information to

the Receiving Party’s directors, officers, employees, consultants, attorneys

and auditors solely to the extent necessary for achieving the Purpose;

provided, that

before disclosing any Confidential Information of the Disclosing Party,

all persons or entities receiving Confidential Information shall be

bound by obligations of confidentiality towards the Receiving Party

consistent with the terms of this Agreement

The Receiving Party shall do everything reasonably possible to

preserve the confidentiality of the Confidential Information including

execution of a confidentiality agreement with the persons or entities

receiving Confidential Information to the satisfaction of the Disclosing

Party

All such Confidential Information shall be labeled as confidential

b. Disclose relevant aspects of the Disclosing Party's Confidential Information if

legally compelled or required to disclose any Confidential Information of the

Disclosing Party in connection with any legal or regulatory proceedings. In

such case, the Receiving Party will immediately notify the Disclosing Party so

as to allow the Disclosing Party a reasonable opportunity to seek appropriate

protective measures or other remedies prior to disclosure or waive

compliance with the terms of this Agreement.


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c. Disclose relevant aspects of the Disclosing Party's Confidential Information

with the prior written consent of the Disclosing Party.

5. Effects of Unauthorized Disclosure

a. The Receiving Party will be liable for the acts and omissions of, and any

unauthorized disclosure or use of Confidential Information by, any person or

entity that received Confidential Information from or through the Receiving

Party.

b. Each Party acknowledges and agrees that the misappropriation or misuse of

Confidential Information of the other Party will result in irreparable and

continuing damage to the other Party for which there may be no adequate

remedy at law, and in the event of such a breach, the other Party shall be

entitled to legal as well as equitable relief, as appropriate, including but not

limited to an injunction, in addition to any monetary relief.

c. The Receiving Party will promptly report to the Disclosing Party any

disclosures of Confidential Information otherwise than as permitted by this

Agreement and any breaches in security that may affect the Disclosing Party

or its Confidential Information of which it is aware and will specify the

corrective action to be taken.

6. Return of documents

Upon written demand by the Disclosing Party, the Receiving Party shall:

a. return to the Disclosing Party all Confidential Information supplied which the

Receiving Party has in his possession or under his control;

b. destroy or have destroyed all copies received or made of the Confidential

Information; and

c. Promptly thereafter provide a certificate signed by an officer of the Receiving

Party certifying compliance with the obligations point (a) and (b) above.

7. Term

This Agreement shall commence from the date set forth above and expire with

the termination or expiration of the Service Agreement, unless earlier terminated

in writing by both Parties. The obligations under this Agreement shall survive and

continue for a period of 5 years beyond any termination or expiration of this

Agreement.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws

of India. Any and all disputes arising out of or in connection with this Agreement

shall be settled by the courts in Bhopal, India. Each Party hereby irrevocably

waives all rights to trial by jury in any legal proceeding arising out of or relating to

the Agreement.


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a. The Implementing Authority and the bidder shall make every effort to resolve

amicably by direct informal negotiation any disagreement or dispute arising

between them under or in connection with the contract.

b. If, after thirty (30) days from the commencement of such informal

negotiations, the Implementing Authority and the SI have been unable to

resolve amicably a contract dispute, the dispute will be referred for

arbitration to the Tendering Authority who shall try to mediate and resolve

the dispute amicably between the two parties.

c. If however such an amicable resolution of the dispute is not possible, either

party may require that the dispute be referred for resolution to the formal

mechanisms of arbitration.

d. If any dispute cannot be settled amicably then it shall be referred to the sole

arbitrator who shall be the Managing Director Madhya Pradesh Laghu Udyog

Nigam Limited and whose decision will be final and binding on both the

parties.

9. Miscellaneous

a. No failure or delay by the Disclosing party in exercising or enforcing any right,

remedy or power hereunder shall operate as a waiver thereof, nor shall any

single or partial exercise or enforcement of any right, remedy or power

preclude any further exercise or enforcement thereof or the exercise or

enforcement of any other right, remedy or power.

b. This Agreement shall not be assignable or transferable by either Party

without the written consent of the other Party.

c. This Agreement supersedes all prior discussions and writings with respect to

the subject matter hereof, and constitutes the entire agreement between the

Parties with respect to the subject hereof. No waiver or modification of this

Agreement will be binding upon either Party unless made in writing and

signed by a duly authorized representative of each Party and no failure or

delay in enforcing any right will be deemed a waiver.

d. In the event that any of the provisions of this Agreement shall be held by a

Court or other tribunal of competent jurisdiction to be unenforceable, the

remaining portions hereof shall remain in full force and effect.

IN WITNESS WHEREOF this Agreement has been executed by the duly authorized

representative of each Party on the day and year first above written.


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_____________________________________________

By: ____________________

Name: ______________________

Title: ______________________

MADHYA PRADESH LAGHU UDYOG NIGAM LTD

By: _________________________

Title: ______________________

Date: ______________


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Annexure-X


Details of Employees in Madhya Pradesh

Sr. No Place Postal Address

Contact number

Name of Employee

Qualification of the Employee

Experience of the Employee

1

2

3 4

5


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Annexure-XI

DEED OF INDEMNITY

(To be executed on a non-judicial stamp paper of ₹ 100/-)

This Deed of Indemnity is made and executed at Bhopal on this _______________

day of_________ 2017 by M/S ____________________, a Company incorporated

under the Companies Act, 1956, having its registered office at __________,

(hereinafter referred to as "Service Provider"), which expression shall, unless it be

repugnant to the meaning and context thereof, include its successors, authorized

agents, representatives and permitted assigns of the First part

In favor of

Madhya Pradesh Laghu Udyog Nigam, a wholly owned Government of Madhya

Pradesh undertaking, having its registered office at Panchanan Bhawan, 1st Floor,

Malviya Nagar, Bhopal – 462003, (hereinafter referred to as "MPLUN"), which

expression shall, unless it be repugnant to the meaning and context thereof, include

its successors, authorized agents, representatives and permitted assigns of the Other

part.

WHEREAS the Service Provider has agreed with MPLUN to successfully implement

__________ conforming to all the specifications as per the scope of work mentioned

in the Request for Proposal dated __________ (hereinafter referred to as “RFP” No.

__________) which expression shall include all attachments and annexures thereto

as well as all amendments, modifications and alteration and the Terms and

Conditions agreed as per Agreement dated __________ (hereinafter referred to as

“Agreement”).

AND WHEREAS pursuant to the Agreement, the Service Provider is required to

execute a Deed of Indemnity in favour of MPLUN to indemnify it against any acts,

omissions, losses, charges, claims etc. and which the Service Provider has agreed to

do.

NOW THIS DEED WITNESSETH AS UNDER:


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1. The Service Provider hereby executes and furnishes to MPLUN this Deed of

Indemnity, which is an unlimited, irrevocable and continuing indemnity,

indemnifying MPLUN to the extent of 100% in favour of MPLUN and shall

remain in full force and effect.

2. The Service Provider hereby undertakes to indemnify MPLUN as per the

Terms and Conditions of the Agreement which are as follows:

1. Conditions:

A. The Service Provider shall execute and furnish to MPLUN a

Deed of Indemnity, indemnifying MPLUN from and against any

costs, loss, damages, expense, claims whether on account of

patents, trademarks, copyrights issues or otherwise including

those from third parties or liabilities of any kind howsoever

suffered, arising or incurred inter alia during and after the

Agreement period arising out of:

any negligence or wrongful act or omission by the

Service Provider, the Service Provider’s team or any

third party in connection with or incidental to this

Agreement; or

Any breach of any of the terms of the Bid as agreed, the

RFP and the Agreement by the Service Provider, the

Service Provider’s Team or any third party.

B. The indemnity shall be to the extent of 100% in favour of

MPLUN.

C. Notwithstanding the above, Service Provider shall have no

obligations with respect to any indemnity claims to the extent

that the indemnity claim arises or results from:

Service Provider’s compliance with MPLUN’s specific

technical designs or instructions;

Inclusion in a Service of any content or other materials

provided by MPLUN;

Modification of a Service after delivery by Service

Provider to MPLUN if such modification was not made

by or on behalf of the Service Provider, provided the

modification is not in accordance with any applicable

specifications or documentation provided by or on

behalf of the Service Provider;

Operation or use of some or all of the Service in

combination with products, information, specification,


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instructions, data, materials not provided by or on

behalf of the Service Provider, provided the

modification is not in accordance with any applicable

specifications or documentation provided by or on

behalf of the Service Provider; or

Use of the Services for any purposes for which the same

has not been designed or developed or other than in

accordance with any applicable specifications or

documentation provided by or on behalf of the Service

Provider; or

MPLUN’s failure to use any modification of the Service

furnished under this Agreement and communicated in

writing in accordance with the requirements of clause

‘Notices’ including, but not limited to, corrections, fixes,

or enhancements made available by the Service

Provider.

D. MPLUN will defend, indemnify and hold harmless the Service

Provider, and the Service Provider’s Team from and against any

third party suit, proceedings damages, judgments, cost and

expenses (including reasonable attorney fees) relating to any

infringement claim by a third party to the extent based on any

MPLUN materials provided to Service Provider by or on behalf

of MPLUN or the access and use by Service Provider of any

MPLUN provided software or material.

Provided that the provision by MPLUN and the access and use

by the Service Provider is in connection with Service Provider’s

performance of services hereunder and without breaching the

terms of this Agreement.

2. The Service Provider shall procure all the necessary permissions,

approvals and licenses for use of various software and any copyrighted

process/product free from all claims, titles, interests and liens thereon

and shall keep MPLUN indemnified in relation thereto.

3. The Service Provider owns, has license to use or otherwise has the

right to use, free of any pending or threatened liens or other security

or other interests all its Intellectual Property Rights, which are

required or desirable for performance of its services under this

Agreement and regarding the same the Service Provider does not, so


127

far as the Service Provider is aware, in carrying on it sbusiness and

operations, infringe any Intellectual Property Rights of any person. So

far as the Service Provider is aware, none of the Intellectual Property

Rights, owned or enjoyed by the Service Provider or which the Service

Provider is licensed to use, which are material in the context of Service

Provider’s business and operations for the performance of this

Agreement are being infringed nor, so far as the Service Provider is

aware, is there any infringement or threatened infringement of those

Intellectual Property Rights licensed or provided to the Service

Provider by any person. All Intellectual Property Rights (owned by the

Service Provider or which the Service Provider is licensed to use)

required by the Service Provider for the performance of this

Agreement are valid and subsisting. All actions (including registration,

payment of all registration and renewal fees) required to maintain the

same in full force and effect have been taken thereon and shall keep

MPLUN indemnified in relation thereto.

4. During the tenure of the Agreement, nothing shall be done by the

Service Provider in contravention of any law, Acts, or rules and

regulations there under, or any amendments thereof and shall keep

MPLUN, indemnified in this regard.

3. The Service Provider hereby undertakes that it shall forthwith on demand and

without demur pay to MPLUN such sum or sums that is 100% in favor of

MPLUN as may be claimed by MPLUN as losses, damages, costs, charges or

expenses by reason of such above mentioned default/ defaults on the Service

Provider’s part.

4. Notwithstanding anything to the contrary in these presents or in the

Agreement, MPLUN’s decision as to whether the Service Provider has made

any default/ defaults or the amounts to which MPLUN is entitled by reason

thereof will be binding on the Service Provider for the purpose of this

Indemnity and the Service Provider shall not be entitled to ask MPLUN to

establish its claims under this Indemnity but will pay the same, on demand,

without any objection, provided always, the mutual rights under the

Agreement shall not in any way be prejudiced by reason of such demand by

MPLUN and payment by the Service Provider under this Indemnity and the

claims under the Agreement which shall be settled in accordance with the

Agreement without prejudice to MPLUN’s rights to demand immediately

under this Indemnity and the Service Provider’s liability to pay the same.


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5. This Deed of Indemnity shall be valid for the Agreement Period and

renewable thereof whenever a claim as per this Deed of Indemnity arises.

6. MPLUN will have the fullest liberty from time to time to enforce or forbear to

enforce any of the terms & conditions of the Agreement and the Service

Provider shall not be released from its liability under this Deed of Indemnity

by the exercise of MPLUN’s liberty with reference to the matters aforesaid or

by reason of any time being given to the Service Provider or any forbearance,

act or omission on MPLUN’s part or any indulgence by MPLUN to the Service

Provider or by any variations or modifications of the Agreement or any other

act, matter or thing whatsoever on MPLUN’s part.

7. This Indemnity and the powers and provisions herein contained are in

addition to and not by way of limitation or substitution for any other

guarantee ,indemnities hereto before, given to MPLUN by the Service

Provider and this Indemnity does not revoke or limit such indemnities or

guarantee.

IN WITNESS WHEREOF, the Service Provider has caused this Deed of

Indemnity to be duly executed as of the day, month and year first written

above.

Signed and delivered by within named: M/S __________ (SERVICE PROVIDER)

By:

Name:

Title:

Date:

In the presence of:

1.

2.


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Annexure-XII


DECLARATION/UNDERTAKING

I/We/M/s. ……………………….represented by its Proprietor / Managing Director having

its Registered Office at ……………………….. do declare that I/We have carefully read all

the conditions of tender in Ref. No. …………………..For E-Procurement & E-Business

Service Provider floated by the Madhya Pradesh Laghu Udyog Nigam Ltd., Bhopal-

462003 and accepts all conditions of Tender.

I/We agree that the Madhya Pradesh Laghu Udyog Nigam forfeiting the Bid

Security/Performance Security Deposit and (Terminate the contract and also)

blacklisting me/us for a period of 3 years, if any information furnished by us proved

to be false at any time, not complying the tender conditions and breach of contract.

Date: ________________________

Seal &Signature: ______________________

To be attested by the Notary

Address: ______________________ Name

______________________


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Annexure-XIII


CENTRAL VIGILANCE COMMISSION (CVC)

1. Compliance to CVC Guidelines

SR.NO CVC Guidelines Yes/No

1

The system should be secure from making any temporary distortion in the electronic posting of tender notice, just to mislead certain vendors.

2 The system should provide automatic alert in the form of daily exception report in case of distortion as in 1.

3

The system should ensure that the RFQ documents issued to / downloaded by the bidders are complete in shape as the approved RFQ documents including corrigendum.

4 The system should provide check to detect and alert about missing pages to the tenderer, if any.

5

The system should ensure that all the corrigendum issued by the RFQ issuing authority are being fully communicated in proper fashion to all bidders including those who had already purchased / downloaded the bid documents well ahead of the due date & before uploading corrigendum.

6

The system should not allow sending discriminatory communication to different bidders about the same e-tendering process.

7

The e-procurement solution has also been customized to process all types of tenders viz. Limited, WEB, WEB and Press etc. as well as Single / two bid

8 The system has the capability to on-line public tender opening events feature.

9 The system should facilitate for evaluation / loading of bids, strictly in terms of criteria laid down in bid documents.

10 The system should provide sufficient safeguards to deal with failed attempt blocking.

11 The system should be safeguarded from submission of fake bids.

12 The system should enable encryption of bids (Technical as well as commercial) are done at client end on uploading bid by vendor.


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13 The system should ensure safety against tampering and stealing information of submitted bid, during storage before its opening.

14

The system should ensure safety from siphoning off and decrypting the clandestine copy of a bid encrypted with Public key of tender opening officers.

15

The system should ensure safeguard from mutilation / sabotage or otherwise rendering the encrypted bid in the e-tendering box during storage, to make it unreadable / invalid in any form, before opening of the bids.

16 The system should restrict users for introduction of special characters / executable files etc.

17 The system should do the validity check of DSC (Digital Signature Certificate at server end.

18

The system should support the feature that even though if a published tender is being deleted from the system, system does not allow permanent deletion of the published tender from the database.

19

The system should provide sufficient security features for authentication procedure of the system administrator like ID, password, digital signature, biometric etc.

20 The system should be able to capture the audit trails on media not prone to tampering such as optical write once.

21

The system should have log shipping feature available, where a separate dedicated server receives the logs from the system over a web service in real time.

22 The system should ensure the integrity and non-tampering in maintaining the server clock synchronization and time stamping.

23

The system should generate any exception report / alerts etc. to include the resetting of the clock, in case the system for time stamping is killed at the server level and time is manipulated.

24

The system should ensure that the quotes from various bidders with their name are not being displayed to any one including the KAPL during carrying out of the e-reverse auctioning process.

25

The system should be fit for usage complying with the requirement of the tender processing viz. Authenticity of tenderer, non-repudiation and secrecy of the information till the actual opening of tenders.


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26

The system should have a third party audit conducted before first putting it to public use (as per statutory requirement and also as per the requirements of e-tender processing (Compliance to IT Act 2000 and its amendment).

27

The system should comply with the vigilance commission’s guidelines on security consideration of e-procurement system as listed below.

2. Security - Infrastructure Level:

Issues Best Practices to achieve Security considerations Yes/No

Perimeter Defence:

Deployment of routers, Firewalls, IPS/IDS, Remote Access and Network segmentation

Authentication:

Network authentication through deployment of password policy for accessing the network resources. To minimize unauthorized access to the e-procurement system at system level

Monitoring: Deployment of logging at OS/network level and monitoring the same.

Secure configuration of network host:

The security of individual serves & workstations is a critical factor in the defense of any environment, especially when remote access is allowed. Workstations should have safeguards in place to resist common attacks.

System patching:

As the vulnerability of the system is discovered almost regularly and the system vendors are also releasing the patches. It is expected the host are patched with latest security updates released by the vendors.

Control of malware:

Suitable control like anti-virus, anti-spyware ext. should be deployed on the host associated with e-procurement system. However, option for running the services at non-privileged user profile may be looked for. Otherwise suitable operating system, which is immune to virus, trojan and malware, may be deployed.

Structured cabling:

The availability of the network services is critically dependent on the quality of interconnection between the hosts through structured including termination and marking. It is expected the e-procurement system has implemented structure cabling and other controls related with network and interconnection.


133

3. Security - Application level:


Authentication:

The authentication mechanism of the e-procurement application should ensure that the credentials are submitted on the pages that are server under SSL.

Access Control:

The application shall enforce proper access control model to ensure that the parameter available to the user cannot be used for launching any attack.

Session Management:

The design should ensure that the session tokens are adequately protected from guessing during an authenticatedsession. There should be a provision for auto session time out. There should be a discard of previous login, in case of any 2nd is user using the same user ID.

Error handling:

The design should ensure that the application does not present user error messages to the outside world which can be used for attacking the application.

Input validation:

The application may accept input at multiple points from external sources, such as users, client applications, and data feeds. It should perform validation checks of the syntactic and semantic validity of the input. It should also check that input data does not violate limitations of underlying or dependent components, particularly string length and character set. All user-supplied fields should be validated at the server side.

Application logging and monitoring:

Logging should be enabled across all applications in the environment. Log file data is important for incident and trend analysis as well as for auditing purpose. The application should log failed and successful authentication attempts, changes to application data including user accounts, serve application errors, and failed and successful access to resources. When writing log data, the application should avoid writing sensitive data to log files

Security for File uploads:

System should have provision for virus scan for all files uploads.

Password System should have the facility for security question in the “Forgot password” section.


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Security:

System should have the provision for “Password complexity”. System should have forced change password feature during first time login.

Code Level Security:

System should be protected against “Cross Site Scripting attacks”. System should be safe from “Injection flaws”. System should be safe from “Cross Site Request Forgery”.

4. Security - Application deployment and use.


Encryption for data storage:

Sensitive data should be encrypted or hashed in the database and file system. The application should differentiate between data that is sensitive to disclosure and must be encrypted, data that is sensitive only to tampering and for which a keyed hash value (HMAC) must be generated, and data that can be irreversibly transformed (hashed) without loss of functionality (such as passwords). The application should store keys used for decryption separately from the encrypted data. Examples of widely accepted strong ciphers are 3DES, AES, RSA, RC4 and Blowfish. Use 128-bit keys (1024 bits for RSA) at a minimum.

Data Transfer security:

Sensitive data should be encrypted prior to transmission to other components. Verify that intermediate components that handle the data in clear-text form, prior to transmission or subsequent to receipt, do not present an undue threat to the data. The application should take advantage of authentication features available within the transport security mechanism. Specially, encryption methodology like SSL must be deployed while communicating with the payment gateway over public network.


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Access control:

Applications should enforce an authorization mechanism that provides access to sensitive data and functionality only to suitably permitted users or clients. Role-based access controls should be enforced at the database level as well as at the application interface. This will protect the database in the event that the client application is exploited. Authorization checks should require prior successful authentication to have occurred. All attempts to obtain access, without proper authorization should be logged. Conduct regular testing of key applications that process sensitive data and of the interfaces available to users from the Internet include both “black box” informed” testing against the application. Determine if users can gain aces to data from other accounts.

Response Time:

The system should be capable of handling multiple procurement instances, users simultaneously with a response time not more than 1 second.


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Annexure-XIV

CONTRACT FORM (CF)

AGREEMENT MADE this day

Two thousand ______________________________________

Between ______________________________________________________________

___________(hereinafter called "the SI") of the one part and Madhya Pradesh Laghu Udyog

Nigam Limited (hereinafter called "the MPLUN") of the other part.

WHEREAS the SI has tendered to the Madhya Pradesh Laghu Udyog Nigam Limited

(hereinafter called "MPLUN") of the articles and services specified in the schedule A

(attached) as per delivery instructions given in the acceptance of tender at the respective

prices or rate mentioned opposite to the said articles in the column provided for the purpose

and whereas such tender has been accepted and the SI has deposited with the MPLUN the

sum of ₹ __________

(Rupees _________________________________only) as performance guarantee for the

fulfilment of this Agreement.

NOW IT IS HEREBY AGREED between the parties hereto as follows:

1. The SI has accepted the contract on the terms and conditions set out in the tender notice no. ______________ dated ___________ as well in the acceptance of tender no. ______________ dated__________, which will hold good during period of this agreement.

2. Upon breach by SI of any of the conditions of the agreement, the MPLUN may issue a notice in writing, determine and put an end to this agreement without prejudice to the right of the MPLUN to claim damages for antecedent breaches thereof on the part of the SI and also to reasonable compensation for the loss occasioned by the failure of the EPSBSP to fulfil the agreement as certified in writing by the MPLUNL which certificate shall be conclusive evidence of the amount of such compensation payable by the SI to the MPLUN


137

3. Upon the determination of this agreement whether by time or otherwise the said deposit shall after the expiration of __________ months from the date of such determination be returned to the SI but without interest and after deducting there from any sum due by the SI to the MPLUN under the terms and conditions of this agreement.

4. This agreement shall remain in force until the expiry of the date of contract but not withstanding herein or in the tender and acceptance forms contained the MPLUN shall not be bound to take the whole or any part of the estimated quantity herein or therein mentioned and may cancel the contract at any time upon giving three month notice in writing without compensating the contractor.

5-In witness whereof the said ____________ hath set his hand hereto and the MPLUN has affixed his hand and seal thereto the day and year first above written. 6. Notices in connection with the contract may be given by the MPLUN or a person

authorized by the MPLUN.

7. In consideration of the payments to be made by the Purchaser to the SI as hereinafter

mentioned the SI hereby covenants with the Purchaser to provide the goods and Services

and to remedy defects therein conformity in all respects with the provisions of the

Contract.

8. The Purchaser hereby covenants to pay the SI in consideration of the provision of the

Services and the remedying of defects therein, the Contract Price or such other sum as

may become payable under the provisions of the contract at the times and in the manner

prescribed by the contract.

9. If subject to circumstances beyond control (Force Majeure) the contract fails to deliver the services in accordance with the conditions mentioned, the MPLUNL shall at its option be entitled either: (a) to recover from the SI as agreed liquidated damages or by way of penalty a sum not

exceeding ₹ 5000/- per day upto maximum ₹ 1000000/- and forfeit the performance

guarantee as difference of the sum of the price of the stores which the contractor has

failed to deliver as aforesaid for each week or part of a week during which the delivery of

such stores may be in arrears, or


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(b) to purchase elsewhere, after giving due notice to the contractor on the amount and at the risk of the contractor the services not delivered or others of a similar description ( where other exactly complying with the particulars are not in the opinion of the MPLUN which shall be final readily procurable) without cancelling the contract in respect of the consignment not yet due for delivery, or (c) to cancel the contract.

10. In the event of action to be taken under 9 (a), (b) or (c) the contractor shall be liable for

any losses which the MPLUN may sustain on that account. The recovery on account of

agreed liquidated damage or by way of penalty under 9 (a) above will be made by

deducting the amount in the bills, and the recovery of any loss which the MPLUN may

sustain under (b) & (c) should be made good by a credit note within the stipulated period

for the purpose.

11 The tender document, NIT, and other document submitted annexed will also form

Integral part of the agreement and will be interpreted accordingly.

Witness:

1. For The Managing Director, Madhya Pradesh Laghu Udyog Nigam

Limited.

2. For Tenderer

--------------------------------------------------End of Document-------------------------------------------------

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