Tender Document for ISMS1 - आफ इ ड , ह दर ब द SOFTWARE TECHNOLOGY PARKS OF INDIA, HYDERABAD 6Q3, 6th floor, Cyber Towers, HITEC City, Madhapur, Hyderabad – 500081,

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साँ�वेयर टेोलाँजी पा�� आँफ इंिडया, हैदराबाद SOFTWARE TECHNOLOGY PARKS OF INDIA, HYDERABAD

6Q3, 6th floor, Cyber Towers, HITEC City, Madhapur, Hyderabad – 500081, Tel: +91-40-66415600/11

Tender Document for Hiring of Consultant/Consultancy Firm for Certification

Process for ISO 9001:2015 QMS and ISO 27001:2013 ISMS

(Tender No: STPH/NIT/19-20/05, Dated 11/07/2019)

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Brief Introduction of STPI

Software Technology Parks of India was established and registered as an

Autonomous Society under the Societies Registration Act 1860, under the Ministry

of Electronics and Information Technology (MeitY), Government of India on 5th

June 1991 with an objective to implement STP/EHTP Scheme, set-up and manage

infrastructure facilities and provide other services like technology assessment and

professional training.

STPI has been the critical support agency for the Indian Information Technology &

Hardware Industry for the statutory services, technology services, incubation

services, industry promotion and government interfacing services.

STPI’s Industry Promotional and Service Provider role has been one of the key

ingredients in the success story of Indian IT industry. Headquartered in New Delhi,

STPI has 9 Jurisdictional Directorates with 59 centers across the country.

STPI-Hyderabad is Jurisdictional Directorate of Andhra Pradesh and Telangana

states and having sub centers at Vishakhapatnam, Vijayawada, Kakinada, Tirupati

and Warangal.

“Scope of Tender is Hiring of Consultant/Consultancy Firm for certification process for ISO 9001: 2015 & ISO 27001:2013 for STPI-Hyderabad Jurisdictional Directorate”

Signature & Seal of the Bidder

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साँ�वेयर टेोलाँजी पा�� आँफ इंिडया, हैदराबाद Software Technology Parks of India, Hyderabad

6Q3, 6th floor, Cyber Towers, HITEC City, Madhapur, Hyderabad – 500081, Tel: +91-40-66415600/11, Fax +91-40-23100501, URL: www.hyd.stpi.in

TENDER DOCUMENT Tender Title: Hiring of Consultant/Consultancy Firm for Certification Process

for ISO 9001:2015 QMS and ISO 27001:2013 ISMS Tender Ref. No : STPH/NIT/19-20/05

Last date & Time : 01/08/2019, 4.00 PM

Software Technology Parks of India, Hyderabad invites quotations for Hiring of

Consultant/Consultancy Firm for Certification Process for ISO 9001:2015 and ISO

27001:2013 at Hyderabad and Sub-Centres in Two Bid system (Technical Bid & Financial

bid) as per the terms and conditions specified below:

Tender Schedule

Mode of Tendering e-publishing on URL https://eprocure.gov.in Two-bid system as follows (a) Technical Bid

(b) Financial Bid

EMD / Bid security Rs. 5000/- (Rupees Five Thousand only) Through NEFT (Bank details Account Holder’ Name: Software Technology Parks of India Name and Address of Bank: Bank of India, Madhapur Branch Bank Account Number: 863810110002196 Account Type: Savings Bank Account IFSC Code: BKID0008638 MICR Code: 500013024

Date of Tender Publication 11/07/2019

Tender download Start date 12/07/2019

Tender download End date 01/08/2019

Date of Pre-bid Meeting 16/07/2019, 11.00 A.M

Last date & Time for submission of bids 01/08/2019, 4.00 P.M

Bid opening date (Technical Bid) 01/08/2019, 4.30 PM

Financial Bid opening date Will be Intimated separately

Venue of Pre-bid Meeting STPI, 6Q3, 6th Floor, Cybertowers, HITEC City, Madhapur, Hyderabad-81.

Validity of Bids 90 days from the date of closing

(Aby John) Sr. Admin. Officer


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INDEX

S.No. Title Page No.

1 Notice Inviting Tender

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2 Procedure for submission of bids

6

3 Scope of Consultancy firm (Annexure-I)

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4 General Terms & Conditions

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5 Document Evidence to be submitted to support Eligibility (Annexure-II)

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6 Details of Company / Firm information ( Annexure- III)

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7 Technical Proposal Content (Annexure - IV)

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8 Compliance Sheet (Annexure-V)

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9 Completed ISO certification Projects / Works (Annexure-VI)

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10 Financial bid format (Annexure VII)

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11 Non-Disclosure Agreement (Annexure VIII)

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12 Declaration (Annexure IX)

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13 EMD forwarding Letter (Annexure X)

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14 List of Hyderabad – Sub centres with addresses (Annexure XI)

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NOTICE INVITING TENDER

Director, Software Technology Parks of India, Hyderabad, invites Open

Tender in two bid system for “Hiring of Consultant /Consultancy firm for

Certification Process for ISO 9001:2015 and ISO 27001:2013 for STPI-

Hyderabad & Sub-centres”.

The tender document is h o s t e d a n d available on websites www.hyd.stpi.in

and https://eprocure.gov.in

Intending bidders may download the complete tender document from the website

www.hyd.stpi.in and https://eprocure.gov.in and should take into account

corrigendum, if any published, before submitting their bids. Bidders are

therefore, requested to visit t h e a b o v e websites regularly to keep themselves

updated.

Bidder are requested to submit sealed bids to this office addressed to Director, STPI,

6Q3, 6th Floor, Cyber towers, HITEC City, Madhapur, Hyderabad-500081 so as to

reach this office on or before due date and time.

(Aby John) Sr. Admin Officer


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Procedure for Submission of Bids

TECHNICAL BID (Cover1): Technical bid containing following Information/Documents should be submitted in

sealed covered superscribed as Technical bid:

1. Scope of Consultant/Consultancy Firm in Annexure-I

2. Document Evidence to be submitted to support eligibility in Annexure-II

3. Details of company/firm as per the format given in Annexure-III

4. Details of Technical proposal as per Annexure-IV

5. Compliance sheet as per Annexure-V

6. Completed ISO certification projects/works as per Annexure-VI

7. Non-Disclosure Agreement given in Annexure-VIII

8. Declaration in Annexure-IX

9. EMD forwarding letter in Annexure - X

10. List of STPI Hyderabad and Sub-centers with address in Annexure-XI

FINANCIAL BID (Cover-2):

Financial bid containing commercials as per given format in Annexure-VII should

be submitted in sealed cover superscribed as financial bid

Note: Tender consisting of Technical Bid and Financial Bid shall be sealed

separately and to be put in single sealed envelope and superscribed by tender subject and number.

For any queries and clarifications on the tender document, please contact the

following officials

1. Mr. Kiran Kumar, Joint Director, LL: 040-66415646

2. Mr. T. Ravi, Dy. Director, LL: 040-66415651

3. Mr. Viswa Sai, Technical Officer, LL: 040 - 66415647

Aby John Sr. Admin. Officer


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Annexure-I Scope of Consultant/Consultancy Firm To make STPI-Hyderabad & Sub-centers ready (in all terms) for QMS and ISMS

Certifications to following standards:

ISO 9001:2015 Quality Management System

ISO 27001:2013 Information Security Management System

Details of services to be provided relating to the above standards

S.No. Activity

1

Review and up-gradation of all current ISO related documents Including

manuals, procedures, work instructions, checklists and formats in line with STPI

by laws & Others norms.

2 Implementation of ISO 27001:2013(ISMS) & ISO 9001:2015 Certification Process

for Hyderabad & Vishakhapatnam, Vijayawada, Warangal, Kakinada, Tirupati.

3 Assist in complete Certification-process for ISO 9001:2015 and ISO 27001:2013 Any

issues till the certification is received should be rectified by the consultant

4 Assist in preparation of Tender document for selection of certification body

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Prepare the QMS documents as per ISO 9001:2015 and ISMS documents as per ISO

27001:2013 guidelines. Implement an ISMS and QMS based on the requirements.

6

Training of all core personnel involved with Quality management system and

Information Security Management System training of internal auditors,

emphasizing auditing concepts, audit question development, audit report

development, audit report preparation and other required topics for training staff.

7 Perform an internal audit before the commencement of external certification audit

for ISO 9001:2015 and ISO 27001:2013.

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Establish suitable methods to evaluate Processed data for continual

Improvement of Information Security and Quality Management Systems.


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GENERAL TERMS & CONDITIONS

I. GENERAL TERMS

1) The tender documents shall be treated as “confidential”

2) Each page of the tender document should be signed and stamped by authorized

signatory.

3) Alterations, if any, in the quotation should be attested by the tenderer, failing

which the tender is liable to be rejected.

4) Rates of all items should be quoted. Otherwise, the bid shall be rejected.

5) STPI also reserves the right to modify/relax any of the terms & conditions of the

tender.

6) Compliance Statement: The bidder should quote strictly as per the tender

specification. A Statement of Compliance shall be given against each item in the

prescribed format given in Annexure-V. The compliance statements should be

supported by authentic documents. Each page of the bid and cuttings /

corrections if any shall be duly signed by the authorized signatory. Failure to

comply with this requirement may result in the bid being rejected.

7) Price Basis: Price quoted should be in the prescribed format as per Annexure -VII

8) Earnest Money Deposit (EMD)

(a) The Technical Bid should accompany document containing details of online transfer towards EMD for an amount of Rs. 5,000/- (Rupees Five Thousand Only) through NEFT/RTGS. Details of bank account are given below:

Account Holder’ Name : Software Technology Parks of India Name and Address of Bank : Bank of India, Madhapur Branch Bank Account Number : 863810110002196 Account Type : Savings Bank Account IFSC Code : BKID0008638 MICR Code : 500013024


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(b) The successful bidder, on award of contract / order, must send the

contract/order acceptance in writing, within 7 days of award of

contract/order, failing which the EMD will be forfeited.

(c) The EMD shall be forfeited, if the bidder withdraws the bid during the period

of bid validity specified in the tender.

(d) The bidders those who have registered with NSIC/MSEs shall be exempted for

submission of EMD. However, the bidder shall submit the valid NSIC

registration certificate for availing such exemptions. Copy of the valid NSIC

certificate should be submitted along with the tender document in Technical

Bid through online mode only, failing which offer may be liable for rejection of

the bids.

9) Non-Disclosure agreement has to be submitted as per Annexure-VIII by

successful bidder only.

10) Forfeiture of EMD:

(a) If the successful bidder refuse/fails to accept purchase/work order within

Seven days,

(b) If the Bidder withdraws tender before/after finalization of the tender.

(c) If the successful bidder abandons the contract

11) Rejection of the bid: The bidder is expected to examine all instructions,

formats, terms & Conditions & scope of work in the bid document. Failure to

furnish all information required as per bid document or submission of bid which

is not substantially responsive to the bid document in every respect may result

in rejection of bid.

In respect of interpretation/clarification of this bid document and in respect of

any matter relating to this bid document, the decision of STPI-Hyderabad will be

final.


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12) Blacklisting: Company/Firm blacklisted by Govt./PSU/Autonomous

Bodies/Corporate organization are not eligible to Bid.

13) Force Majeure: If at any time during the contract, either party is subject to force

majeure, which can be termed as civil disturbance, riots, strikes, tempest, acts

of God etc. which may prevent either party to discharge the obligation, the

affected party shall promptly notify the other party about the happening of such

an event. Neither party shall by reason of such event be entitled to terminate the

contract in respect of such performance of their obligations. The performance of

any obligations under the contract shall be resumed as soon as practicable after

the event has come to an end or ceased to exist. If the performance of any

obligation under the contract is prevented or delayed by reason of the event

beyond a period mutually agreed to, if any, or seven days, whichever is more;

either party may at its option terminate the contract.

14) Jurisdiction of Court: The courts at Hyderabad shall have the exclusive

jurisdiction to try all disputes, if any, arising out of this agreement between the

parties.

15) Dispute Resolution:

(a) Any dispute and or difference arising out of or relating to this contract will be

resolved through joint discussion of the authorities’ representatives of the

concerned parties.

However, if the disputes are not resolved by joint discussions, then the matter

will be referred for adjudication to a sole Arbitrator appointed by the

DIRECTOR, HYDERABAD.


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(b) The award of the sole Arbitrator shall be final and binding on all the parties.

The arbitration proceeding’s shall be governed by Indian Arbitration and

Conciliation Act 1996 as amended from time to time.

(c) The cost of Arbitration shall be borne by the respective parties in equal

proportions. During the pendency of the arbitration proceeding and currency

of contract, neither party shall be entitled to suspend the work/service to

which the dispute relates on account of the arbitration and payment to the

contractor shall continue to be made in terms of the contract. Arbitration

proceedings will be held at Hyderabad only.

II. ELIGIBILITY CRITERIA

The engaged consultant / consultancy firm should have extensive and proven

mix of skill and expertise in the field of ISO 9001:2015 and ISO 27001:2013

certification Process. Previous experience of similar work is essential. The

consultant must meet the following minimum criteria:-

a) The bidder should be a registered company under Companies Act, 1956

/Proprietor/Partnership / Pvt Ltd (Copy of PAN/GST registration/ROC etc.).

b) Bidder should have valid adequate certification as Lead Auditor for ISO

9001:2015 and ISO 27001:2013. The Certification must be valid till entire

contract period.

c) Bidder should have successfully executed minimum two similar consultancy

works for Implementation for ISO 9001 and ISO 27001 i.e., 2 Orders for ISO

9001 and 2 Orders for ISO 27001, during the last 3 financial years. (Provide

details in the Annexure VI prescribed).

d) The Consultant should have a minimum of 5 years of professional

experience in ISO 9001 and ISO 27001 consulting. (Provide details in the

Annexure II prescribed)

e) Bidder should have local presence at Hyderabad.

f) The bidders should not be Black listed by and state/Central

Govt./PSU/Autonomous Body (Self Declaration on Letter Head)


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III. INSTRUCTIONS FOR SUBMISSION OF BIDS a. Envelope shall contain Technical Bid with complete technical details and

requisite documents as per Annexure IV. The proof of EMD remittance of

requisite value must be enclosed with technical bid as per Annexure X

and envelope superscribing on the sealed envelope as “Technical Bid”.

b. Financial bid shall be submitted as per Annexure VII in a separate sealed

envelope superscribing on the sealed envelope as “Financial Bid - Do not

open”. Conditional financial bid shall be summarily rejected and any

correction/modification is not allowed.

c. Venue of Technical Bid Opening: Tenders will be opened in Conference

Room, STPI-6Q3, 6th floor, Cyber Towers, HITEC City, Madhapur,

Hyderabad – 500081.

d. Financial bids of bidders, who has qualified in technical evaluation will

only be opened and STPI will intimate/publish the date & time of opening

of financial bids.

IV. AWARD OF CONTRACT

STPI-Hyderabad shall award the contract to the eligible bidder whose bid has

been determined as the lowest evaluated financial bid of technically qualified

vendor. In case more than one bidder emerged as L1 with same price, contract

will be awarded to the vendor with highest cumulative audited annual

turnover for last three financial years.

V. PAYMENT TERMS Payment will be released against the bill/invoice raised in the following

manner:

1. After completion of QMS & ISMS documentation: 30 %.

2. After completion of Training and Internal Audit: 20 %.

3. Remaining Payment 50 % after completion of certification process/ 3rd

party surveillance for ISO 9001:2015 & ISO 27001:2013.


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VI. RIGHT TO CANCEL THE TENDER

Director, STPI-Hyderabad reserves the right to cancel the tender at any stage

without any Prior notice without assigning any reason thereof.

VII. CANCELLATION OF CONTRACT ORDER

Director, STPI- Hyderabad reserves the right for cancellation of contract order

at any time if the services are found unsatisfactory without any prior notice

and without assigning any reasons thereof.

VIII. SETTELEMENT OF DISPUTES CLAUSE

Any dispute or difference whatsoever arising between the tenderer and STPI

shall be settled by arbitration in accordance with the provisions of the

Arbitration and Conciliation Act, 1996. In such case the same shall be referred

to the sole arbitration of Director, STPI, Hyderabad. The award of the

arbitrator shall be final and binding on both the parties. The venue of the

arbitration shall be at Hyderabad. The language of arbitration shall be in

English. Legal issues, if any, will strictly be under jurisdiction courts in

Hyderabad only.

IX. TRAVEL & BOARDING

STPI will arrange/reimburse the travelling/boarding charges from Hyderabad

to Sub-centers as per requirement.

Aby John Sr. Admin. Officer


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Annexure-II

Document /Information to be submitted along with the bid to support eligibility criteria as per Tender:

a) Contract/work orders indicating the details of assignment, client,

value of assignment, date and year of award.

b) Relevant Detailed resume of consultant/(s) indicating the details of

qualifications and professional experience (duly signed by bidder).

c) Completion certificates of previous projects undertaken (Desirable). In

case the organization is not able to submit completion certificates, a

declaration from the company w.r.t similar work done/in process should

be submitted. Submission of complete contact details (telephone No,

Address, organization name) of the contact person where the work has

been done is mandatory.

d) Date-wise activity plan for the given scope (duly signed by bidder).

(The above documents should appropriately be earmarked or flagged to

facilitate quick Identification and scrutiny)


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Annexure III

Company/firm Information 1 Company Name *

2 Registration Number *

3 Registered Address*

4 Bidder type* Indian Foreign

5 City*

6 State*

7 Postal Code*

8 PAN/GST Number*

9 Company’s Nature of Business*

10 Company Legal status* Limited company Undertaking Joint venture Partnership Others

11 Company Category*

Micro unit as per MSME, Small unit as per MSME, Medium unit as per MSME , Ancillary unit, Project affected person of this company SSI Others

Contact Information of person:

12 Contact Name*

13 Date of birth of person*

14 Correspondence email*

15 Phone*

16 Mobile*

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Annexure-IV Technical Proposal Containing Following Information/documents to be

Submitted along with Bid.

Technical Proposal should be prepared considering the Terms of Reference,

Detailed Approach & Methodology, Activity Schedule & Deliverables, Time period

and any other information to highlight the capability of the consultant.

Technical Proposal must include: a) Brief description about the Consultant/Consultancy firm.

b) Consultants’ experience: In addition to overall experience of the consultant,

details of specific consultancy projects/studies undertaken may be provided

including Assignment /project name, description of services provided appx.

Value of assignment, country & location, duration of assignment, name of

client, starting & completion dates, names of associates (other than

employees), if any. Consultancy experience of helping government

departments /PSUs obtain ISO 9001:2015 may be specifically mentioned.

c) Approach

d) Methodology

e) Work Plan and Schedule

f) Team size

g) Detailed Resume of consultant (duly signed by bidder)

h) Copy of PAN Card

i) Copy of GST registration


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Annexure-V

Compliance Sheet for documents submission:


S. No.

Document/Details

Status of

compliance

Complied/Not

Complied

1 Brief description about the Consultant

2 Consultants’ experience details

3 Approach

4 Methodology

5 Work Plan and Schedule

6 Team size

7 Detailed Resume of consultant (duly signed by bidder)

8 PAN Card of consultant/consulting firm Tax registration

of consultant/consulting firm

9 Copy of GST registration

10 Acceptance for NDA Agreement

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Annexure -VI

Completed ISO Certification Projects/Works

S. No Organization

Whether Central

Govt./State Government/ Public

Sector Undertaking

Number of Projects

Date of award of contract

Value of contract

Date of completion

of projects

Documentary proof in support of

Column(7)

Details of

concerned

(1) (2) (3) (4) (5) (6) (7) (8) (9)


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ANNEXURE-VII

Commercial Bid (To be submitted on Company/firm Letterhead)

S.No

Description Qty. Price in INR.

1

Charges for Hiring of Consultant/Consultancy Firm for certification Process for ISO 9001: 2015 & ISO 27001:2013 at STPI Hyderabad and Sub-centers as per Scope, terms & conditions of Tender document

LS

Applicable GST (@________%) :

Total (Inclusive of taxes) :

(Total in Words: _____________________________________________________________ _____________________________________)

(Signature of the Tenderer) Name & Designation

Company Seal


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ANNEXURE - VIII

Non-Disclosure Agreement

THIS AGREEMENT is made by and between SOFTWARE TECHNOLOGY PARKS OF

INDIA, an Autonomous Society under Ministry of Electronics & Information Technology,

Govt. of India herein referred to as ‘DISCLOSING PARTY’ whose address is 6Q3, 6th

Floor, Cyber Towers, HITEC City, Madhapur, Hyderabad-500081, and M/s.

…………………………………....Address................ ........................................................

.......................................................................................

Both the parties shall mean and include their successors at Office from time to time, legal

representatives, administrators, executors and assigns, etc.

This agreement shall govern the conditions of disclosure by disclosing party to Recipient

of certain confidential and proprietary information that is oral, written, or in computer file

format. Examples of Confidential Information include the identities of companies,

consultants and other service providers used by disclosing party, both foreign and

domestic, in connection with disclosing party’s business, supplier lists, supplier

information, computer databases containing customer, product and vendor information,

designs, drawings, specifications, techniques, models, documentation, diagrams, flow

charts, research and development process and procedures, ‘know-how’, new product or

new technology information, financial, marketing and sales information and projections,

product pricing, profitability, marketing techniques and materials, marketing timetables,

strategies and development plans, trade names and trademarks not yet disclosed to the

public, business methods and trade secrets, and personnel information.

1. Purpose of Disclosure. Disclosing party is disclosing the Confidential Information to

Recipient in order for Recipient to evaluate the possibility of using disclosing party’s

services like Call Centers/Contact Centers Projects, Business Process Outsourcing

covering all different kind of Verticals, Information Technology Services, Back and

Transaction Processing Services, Business Analysis, Business Process Re-engineering,

Data Analysis, Quality Analysis and the Statutory & Datacom services etc.


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2. Confidentiality Obligations of Recipient. Recipient hereby agrees:

(a) Recipient will hold the Confidential Information in complete confidence and not to

disclose the Confidential Information to any other person or entity, or otherwise

transfer, publish, reveal, or permit access to the Confidential Information without

the express prior written consent of Disclosing Party.

(b) Recipient will not copy, photograph, modify, disassemble, reverse engineer,

decompile, or in any other manner reproduce the Confidential Information

without the express prior written consent of disclosing party. If any Confidential

Information is delivered to Recipient in physical form, such as data files or hard

copies, recipient will return the Confidential Information, together with any

copies thereof, promptly after the purpose for which they were furnished has

been accomplished, or upon the request of disclosing party. In addition upon

request off disclosing party in writing/email, Recipient will destroy materials

prepared by Recipient that contain Confidential Information.

(c) Recipient shall use Confidential Information only for the purpose of evaluating

Recipient’s interest in using disclosing party’s services, and for no other purpose.

Without limiting the generality of the previous sentence, Recipient specifically

agrees not to sell, rent, or otherwise disclose any of disclosing party’s Confidential

Information either in full or part to any competitor of disclosing party, nor will

Recipient use the Confidential Information to directly or indirectly contact or

contract with any of disclosing party’s employees, vendors, contractors and agents

who carry out or otherwise fulfil the services on behalf of disclosing party (its

‘Affiliates’). Recipient shall promptly notify disclosing party of any disclosure or use

of Confidential Information in violation of this Agreement for which disclosing party

shall indemnify the Recipient for that part.

3. Exclusions. None of the following shall be considered to be ‘Confidential Information’:

(a) Information which was in the lawful and unrestricted possession of Recipient

prior to its disclosure by disclosing party;

(b) Information which is readily ascertainable from sources of information

freely/easily available in the general public;

(c) Information which is obtained by Recipient from a third party who did not derive

such information from disclosing party.


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4. Remedies. Recipient acknowledges that disclosing party’s Confidential Information

has been developed or obtained by the investment of significant time, effort and

expense and provides disclosing party with a significant competitive advantage in its

business, and that if Recipient breaches its obligations hereunder, disclosing party will

suffer immediate, irreparable harm for which monetary damages will provide

inadequate compensation. Accordingly, the disclosing party will be entitled, in addition

to any other remedies available at law in equity, to injunctive relief to specifically

enforce the terms of this Agreement. Recipient agrees to indemnify disclosing party

against any losses sustained by disclosing party, including reasonable attorney’s fees,

by reason of the breach of any provision of this Agreement by Recipient.

Recipient further acknowledges that disclosing party’s business would be severely hurt

if Recipient were to directly contract with its Affiliates without the participation of

disclosing party. Therefore, if Recipient directly or indirectly contracts with any of

disclosing party’s Affiliates whose identity and/or particulars are disclosed to Recipient

pursuant to this Agreement (Except Affiliates with whom Recipient had a demonstrable

prior existing business relationship).In the event of circumvention, by the Recipient

whether directly or indirectly, the disclosing party shall be entitled to a legal monetary

penalty award, equal to the maximum consulting service/consulting fee,

commission/profit originally expected or emplated to be realized from such

transaction(s).

This payment levied against and paid immediately by the party engaged in

circumvention and also in addition includes all legal expenses in the recovery of these

funds if collected through legal action by either party. This penalty shall not apply

when the alleged Circumventure does not result in a transaction being concluded. The

parties acknowledge it would be extremely difficult or impossible to accurately it would

be extremely difficult or impossible to accurately fix the actual damages that disclosing

party would suffer in the event of a breach of the aforementioned obligations, and that

the liquidated damages provided for herein are a reasonable estimate of disclosing

party’s actual damages, which shall be fixed by the arbitrator who shall also be in the

same business.

5. No Rights Granted to Recipient. Recipient further acknowledges and agrees that

the furnishing of Confidential Information to Recipient by disclosing party shall not

constitute any grant or license to Recipient under any legal rights now or hereinafter

held by disclosing party.


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6. Miscellaneous Provisions:

a) This Agreement sets forth the entire understanding and Agreement between the

parties with respect to the subject matter hereof and supersedes all other oral or

written representations and understanding. This Agreement may only be amended or

modified by a writing signed by both parties.

b) If any provision of the Agreement is held to be illegal, invalid or unenforceable, the

legality, validity and enforceability of the remaining provisions will not be affected or

impaired.

c) This Agreement is binding upon the successors, assigns and legal representatives the

parties hereto, and is intended to protect Confidential Information of any successors

or assign of disclosing party.

d) Each Provision of this Agreement is intended to be valid and enforceable to the fullest

extent permitted by law. If any provision of this Agreement is determined by any court

of competent jurisdiction or arbitrator to be invalid, illegal, or enforceable to any

extent, that provision shall, if possible, be construed as though more narrowly drawn,

if a narrower construction would avoid such invalidity, illegality, or unenforceability,

be served, and the remaining provisions of this Agreement shall remain in

effect/force.

e) The terms and conditions governing the provision of the agreement shall be governed

by and construed in accordance with laws of the union of India and shall be subject

to the exclusive jurisdiction of the courts of Hyderabad

f) Any or all disputes arising out or in connection with this agreement shall so far as

may be possible to settle amicably between the parties within a period of thirty days

from such dispute(s) arising.

g) However, failing such amicable settlement all disputes and differences out of the

construction of or concerning anything contained in or arising out of or in

connection with this agreement as to the rights, duties or liabilities arising it,

to the parties shall be referred to a panel of three arbitrators, for conducting

Arbitration in accordance with the provisions of Arbitrations and Conciliation Act

1996.

h) It is agreed that each party shall appoint one arbitrator and the third arbitrator

from the same business.


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i) The appointment of arbitrators shall be done within a period of three months

from the date of receipt of notice from the aggrieved party requesting to refer

the matter to arbitration in case amicable settlement fails.

j) The parties shall mutually ensure and co-operate with each other in the arbitral

proceedings, so that the same can be concluded and awarded within a period

of six months from the date of commencement of the arbitral proceedings.

k) The arbitral proceedings shall be conducted in English, both parties shall be bound

by the award passed and delivered by the arbitral tribunal and shall not attempt

to challenge the authenticity of the award, before any authority or courts or any

other statutory body.

l) The venue of arbitration shall be Hyderabad.

m) If any litigation is brought by either party regarding the interpretation or

enforcement of this Agreement, the prevailing party will recover from the other all

costs, attorney’s fees and other expenses incurred by the prevailing party from

the other party.

n) This agreement is valid till completion of work.

Signed on behalf of

M/s Software Technology Parks of India

Signature: Name:

Designation with seal: Date:

M/s. ………………..................

Signature: Name:

Designation with seal: Date:


25

Annexure –IX

DECLARATION

I hereby certify that the information furnished above is full and correct to

the best of my/our knowledge. I understand that in case any deviation is found

in the above statement at any stage, the supplier will be blacklisted and will not

be permitted to have any dealing with the STPI-Hyderabad in future.

Seal and Sign of Bidder

Name & Address:


26

Annexure-X

EMD Forwarding Letter

From (Name & Address of the Bidder) To

The Director Software Technology Parks of India

6Q3, 6th Floor, Cyber towers, HITEC City Madhapur, Hyderabad-500081

Sub: Earnest Money Deposit against the tender no. STPH/NIT/19-20/05 dated 11/07/2019

Ref.: Bid document .............................. dated ...........................

Dear Sir, We, M/s. ______________________________, having read and examined in detail the bid document and amendments for “Tender for Hiring of Consultant /Consultancy firm for Certification process for ISO 9001:2015 and ISO 27001:2013 at STPI-Hyderabad”.

We, M/s. ___________________________ hereby inform that EMD of Rs.5000 ( Rupees Five Thousand Only) has been transferred through RTGS/NEFT . The details are as under:

a. UTR No: b. Amount:

c. Dated:

We, M/s. ______________________________ having read and understand the clause no. I (8)

of General terms & conditions of Tender document towards forfeit of EMD.

Vendor details (for EMD return purpose):

a. Name of the company b. Name of Bank: c. Account Number: d. Branch Name: e. Branch Address: f. IFSC code:

Yours Sincerely, Signature &

Seal of bidder

27

ANNEXURE XI STPI – Hyderabad & Sub-centers address


STPI Hyderabad Director Software Technology Parks of India 6Q3, 6th floor, Cyber Towers HITEC City, Madhapur Hyderabad - 500081 Tel: +91-40-66415600/11

STPI-Hyderabad (NOC)

Road No:25, Jubilee Hills Hyderabad-500033 Tel :+91-40-66415635

STPI-Hyderabad (IMAGE)

Solitaire Building, Plot No 14 & 15, Software Units Layout, Madhapur, Hyderabad - 500081

STPI Vishakhapatnam

Officer-in-Charge Software Technology Parks of India Unit. No. 9, SDF-1 Building Visakhapatnam Special Economic Zone Near Duvvada Railway Station Visakhapatnam - 530049 Andhra Pradesh, India Tel: +91-891-6452474 Fax: +91-891-2587226

STPI Kakinada

Officer-in-Charge Software Technology Parks of India Collectorate Compound Kakinada - 533001 Andhra Pradesh, India Tel: +91-884-6660115/123 Fax: +91-884-6660112

STPI Vijayawada

Officer-in-Charge Software Technology Parks of India Govt. Polytechnic College Campus Opp. Stella College, Near Benz Circle Vijayawada - 520008 Andhra Pradesh, India Tel & Fax: +91-0866-2494243

STPI Tirupati

Officer-in-Charge Software Technology Parks of India Survey No. 234, Behind Urban Haat Tiruchanur Road Tirupati - 517503 Andhra Pradesh, India Tel & Fax: +91-0877-2239262

STPI Warangal

Officer-in-Charge Software Technology Parks of India Kakatiya IT Park, H.No:2-5-906/1,2 Circuit House Road, Hanamkonda, Warangal – 506001 Tel & Fax: +91-870-2446944