Model RFP Template and Guidance Notes for Selection of Implementing Agencies, 2018

602 Pages·2017·4.64 MB·English

MODEL RFP DOCUMENTS FOR
SELECTION OF IMPLEMENTATION AGENCIES
Ministry of Electronics & Information Technology
2018

Table of Contents
GuidanceNotesForSelectionOfImplementationAgencies………………………………..1-216
ModelRFPTemplates ForSelectionOfImplementationAgencies…...………………...…1-278
ContractAgreementForSelectionOf SystemIntegrators/ImplementationAgencies.......1-100
ThefollowingchangeshavebeenincorporatedintheModelRFPDocuments(2018)
S.No ClauseinModelRFPDocuments2017 RevisedClauseinModelRFPDocuments2018
1 Clause2.13,Page183of216 (GuidanceNote) Clause2.13
DeemedAcceptance DeemedAcceptance
In case the Purchaser / Government Department
IncasethePurchaser/GovernmentDepartment
fails to respond and provide feedback on above
fails to respond and provide feedback on above
stated submission, the deliverables or SLA and
stated submission, the deliverables or SLA and
performancereportswillbeDEEMEDACCEPTED.
performancereportswillbeDEEMEDACCEPTED.
The Purchaser / Government Department shall not
The Purchaser / Government Department shall
force the bidder, post the elapse of the <15 days>
not force the bidder, post the elapse of the <15
approval period, to rework on the said project
days> approval period, to rework on the said
outputs/outcomes.
projectoutputs/outcomes.Howeverincasethe
Purchaser confirms to the vendor with an
However, in case the purchaser confirms to vendor
alternativedate,thenthatdatewouldholdvalid
withanalternativedate,thenthatdatewouldstand
forthedeemedacceptance.
revised for deemed acceptance. Such revisions may
belimitedto2(two).
2 Clause2.8.5.1,Page95of216(GuidanceNote) Clause2.8.5.1
GuidelinestodefinetheHardwarerequirements GuidelinestodefinetheHardwarerequirements
Ideally, the successful bidder should not be Ideally,the successful biddershouldnotbe allowed
allowed to provide hardware different from to provide hardware different from what was
what was proposed in the bidder’s BOM at the proposed in the bidder’s BOM at the time of
time of proposal submission. However, if for proposal submission. However, if for reasons
reasons beyond the control of the bidder, the beyond the control of the bidder, the same is
same is untenable during the project term, the untenable during the project term, the
Implementation Agency may be allowed to Implementation Agency may be allowed to provide
provide alternate hardware, provided the alternate hardware, provided the hardware should
hardware should meet/better all RFP meet/better all RFP requirements, without any cost
requirements, without any cost escalation escalationsubjecttofollowingrestrictions:
subjecttofollowingrestrictions: a.OEMshallremainthesame;
a.OEMshallremainthesame; b. Product should meet all functionalities listed in
b. Product should meet all functionalities listed theRFP.
intheRFP. c.OEMmust providea representationthatthenew
c. OEM must provide a representation that the productisanewerversionoftheproposedproduct.
newproductis anewerversionofthe proposed
product. Change in OEM, if inevitable (such as Company
closure,OEMisnolongerinmarketwiththesimilar
product, etc), may be allowed with approval of the
purchaser.
3 Clause4.8.5(d),Page187of278(RFPTemplate) Clause4.8.5(d)
Penalty Penalty
If any act or failure by the Bidder under the If any act or failure by the Bidder under the
agreement results in failure or inoperability of agreement results in failure or inoperability of
systems and if the Purchaser has to take systems and if the Purchaser has to take corrective
corrective actions to ensure functionality of its actionstoensurefunctionalityofitsproperty.
property. − Purchaser may seek to recover such amounts from
− Purchaser may impose seek to recover such the Implementation Agency, to the extent of
amounts from the Implementation Agency, to damage to its any equipment, if the damage was
the extent of damage to its any equipment, if due to the actions directly attributable to the staff
the damage was due to the actions directly ofBidder,limitedtothecontractvalue.
attributabletothestaffofBidder. − The Purchaser shall implement all penalty clauses
− The Purchaser shall implement all penalty aftergivingduenoticetotheBidder.
clausesaftergivingduenoticetotheBidder. − If the Bidder fails to complete the due
− If the Bidder fails to complete the due performanceofthecontractinaccordancewiththe
performance of the contract in accordance with specification and conditions of the offer document,
the specification and conditions of the offer thePurchaserreservestherighteithertocancelthe
document, the Purchaser reserves the right order or to recover a suitable amount as deemed
either to cancel the order or to recover a reasonableasPenalty/LiquidatedDamagefornon-
suitable amount as deemed reasonable as performance.
Penalty / Liquidated Damage for non-
performance
4 Clause4.8.5(c),Page187of278(RFPTemplate) Clause4.8.5(c)
Penalty Penalty
Purchaser may recover such amount of penalty The purchasermay recover such amount of penalty
fromtheassociatedpayments,beingreleasedto from the associated payments of the same project
theImplementationAgency. beingreleasedtotheimplementingagency.
5 Clause 14.2, Page 27 of 100 (Contract Clause14.2
Agreement) TerminationforConvenience
TerminationforConvenience
TERMINATIONFORCONVENIENCE
TERMINATIONFORCONVENIENCE
[Optional Clause: This clause is optional and
must be used selectively, please refer to the
Guidancenotes.]
6 Clause 17.4, Page 32 of 100 (Contract Clause 17.4
Agreement) Confidentiality
Confidentiality
The Implementation Agency shall ensure that all its
TheImplementationAgencyshallensurethatall employees, agents and sub-contractors involved in
its employees, agents and sub-contractors the project, execute individual non disclosure
involved in the project, execute individual non agreements,whichhavebeenduly approvedbythe
disclosure agreements, which have been duly Purchaser with respect to this Project. The
approved by the Purchaser with respect to this implementing agency may submit a declaration
Project.(Optional) that it has obtained the NDA from its employees.
However, if the project is critical in nature, IA may
getNDAssignedfromeveryresourceinvolvedinthe
projectandsubmitittopurchaser.(Optional)
7 Clause2.11,Page167of216(GuidanceNote) Clause2.11
PaymentTermsandSchedule PaymentTermsandSchedule
As a thumb rule, irrespective of the purchase Asathumbrule,irrespectiveofthepurchasemodel,
model, the RFP should have payment terms the RFP should have payment terms which should
whichshoulddesignedinsuchaway sothatthe
designed in such a way so that the vendor receives
vendor receives payment for at least around 80
payment for at least around 80 per cent of the
per cent of the estimated value of the
estimated value of the hardware/licensed software
hardware/licensed software on a milestone
on a milestone, such as acceptance of delivery of
whichis
hardware/licensedsoftware,etc.
 Suitably designed to address the
vendor’sworkingcapitalissue;OR The remaining estimated value (around 20%) may
be released based on subsequent specified
 On receipt of invoices made for capital
expendituresubjecttoamaximumlimit. milestones such as Go-Live, equated quarterly
installments, acceptance of defined deliverables,
etc.
8 ModelRFPTemplateforHardwareProcurement ModelRFPTemplateforHardwareProcurement
Clause4.10.2, Page167of216(GuidanceNote) Clause4.10.2
PaymentSchedules PaymentSchedules
[Template for filling up Phase wise Payment [Template for filling up Phase wise Payment
Schedules Schedules
Samplemilestoneisprovidedbelow Samplemilestoneisprovidedbelow
S. Milest Billable Fee (as % of S.No. Milesto Billable Fee (as % of
No. one ContractValue) ne ContractValue)
1. First 50 % of the cost of 1. First 75% of the cost of
Hardware and Software Hardware and software
except ATS along with (System/COTS) except
applicable taxes will be paid Annual Technical Support
on delivery, physical (ATS) on acceptance of
mounting of hardware on deliverybythepurchaser.
racks & OS installation and
on submission of invoice 2. Second 15% of the cost of
with proof of delivery, and Hardware and software
installation (System/COTS) except ATS
after successful
2. Second 40%ofthecostofHardware commissioning as per the
and Software except ATS scopeofwork.
along with applicable taxes
after successful 3. Third Remaining10%of thecost
commissioning of the of Hardware and Software
project as per the scope of (System/COTS)except ATS
work. after completion of 4
months from the date of
3. Third Remaining 10% of the cost project commissioning
of Hardware and Software signoff.
except ATS along with
applicable taxes after
completionofoneyearfrom
the date of project
commissioningsignofforon
submission of Performance
bank Guarantee for
equivalent value and time
period.
9 Clause 20.1.3, Page 34 of 100 (Contract Clause20.1.3
Agreement) WarrantyandMaintenance
WarrantyandMaintenance
The warranty periodshall commence from the date
of Go Live of the project or of any component or
The warranty period shall commence from the
subsystem forwhich phasedGo-Liveisprovidedfor
date of Final Acceptance of the System (or of
intheAgreementandshallextendforasfollows:
any major component or subsystem for which
phased Go-Live is provided for in the Compone Period
Agreement) or on expiry of the products nt
commercial warranty, whichever is earlier and
<Standard <Till the end of the agreement
shallextendforasfollows:
hardware> OR<6months>postcompletion
oftheagreement>
Compone Period
nt <COTS <Till the end of the agreement
Software> OR<6months>postcompletion
<Standard <Till the end of the agreement
oftheagreement>
hardware> OR<6months>postcompletion
oftheagreement>
<Bespoke <Till the end of the agreement
Software> OR<6months>postcompletion
<COTS <Till the end of the agreement
oftheagreement>
Software> OR<6months>postcompletion
oftheagreement>
<Bespoke <Till the end of the agreement Purchaser/Governmentdepartment shouldapprove
Software> OR<6months>postcompletion
signoff within <15 days> from the submission of
oftheagreement>
deliverablesforGo-Live/PhasedGo-live(asrelevant,
depending on project requirement) by the
implementingagency.
Incase thePurchaser/Governmentdepartmentfails
to respond and provide feedback on the above
stated submission, the deliverables will be deemed
accepted for the commencement of warranty for
theproject.
However, in case the purchaser confirms to vendor
an alternative date, then the date would stand
revised for deemed acceptance. Such revisions may
belimitedto2(two).
10 Clause 20.1.7, Page 35 of 100 (Contract Clause20.1.7
Agreement) WarrantyandMaintenance
WarrantyandMaintenance
If the System or any of its sub-systems cannot be
IftheSystemoranyofitssub-systemscannotbe
usedby reasonofsuchdefault, defect ordeficiency
used by reason of such default, defect or
and/or making good of such default, defect or
deficiency and/or making good of such default,
deficiency, attributable to IA, the warranty period
defectordeficiency,thewarrantyperiodforthe
for the Project shall be extended by a period equal
Project shall be extended by a period equal to
to the period during which the Project or any of its
theperiodduringwhichtheProjectorany ofits
systemcouldnotbeusedbythePurchaserbecause
system could not be used by the Purchaser
of such defect and/or making good of such default,
because of such defect and/or making good of
defectordeficiency.
suchdefault,defectordeficiency.
For reasons not attributable to IA, the IA shall not
beliable.
GuidanceNotes: ModelRFPTemplatesforImplementationAgencies
GUIDANCE NOTES FOR
SELECTION OF IMPLEMENTATION AGENCIES
Ministry of Electronics & Information Technology
2018
Page1of216
GuidanceNotes: ModelRFPTemplatesforImplementationAgencies
This document is advisory in nature and aim to sensitize the bid management teams on good
practices and harmonize/standardize the RFP clauses and terms & conditions. This document is
accompaniedbya templatedocumentforpreparationofRFPandasamplecontractagreement.
The documents are based on existing Central Government Guidelines, feedback from stakeholders
and prevalent international practices. However it is possible that the State Government / Purchaser
may have their own specific procurement Guidelines which may or may not be consistent with the
clausesoftheRFP,GuidancenotesorContractAgreement.
Itmaybenotedthatthesedocumentsdonotsubstituteoroverruleanyapprovalscurrentlyrequired
bytheconcernedDepartment/StateGovernment/PurchaserforfinalizationoftheRFP.Accordinglyit
is advised that all necessary approvals are taken from appropriate authorities, as done before
publishingofthesemodeldocuments.
Page2of216