High Security Holograms with Barcode Based Electronic...

Request for Proposal (RFP) High Security Holograms with Barcode Based Electronic Supply Chain Management System for Bottled Liquor for Excise Directorate, Govt. of West Bengal Webel Technology Limited (A Govt. Of West Bengal Undertaking) Plot -5, Block BP, Sector V, Salt Lake Electronic Complex Kolkata - 700091

Tender No: WTL/ED/ESCMS/13-14/009

Brief Detail: Tender Ref No. WTL/ED/ESCMS/13-14/009 Dated: 20.01.2014

Webel Technology Limited, GoWB Undertaking

Sealed Tenders are invited for "Supply of High Security 2D Barcoded Holograms and Implementation of a Barcode based Electronic Supply Chain Management System for Bottled Liquor in West Bengal on BOOT basis for a period of 5 years" for Excise Directorate, GoWB from bidders having sufficient experience and credentials for successful completion of similar nature of work, preferably in a Government Department.

1. Brief description of the project The key objective of the project is to establish a mark of authenticity on the state produced and state imported bottled liquor and also to have a control and monitoring on the revenue generated from excise duties and taxes for bottled liquor.

The objective would be achieved by affixing 2D barcoded high security holograms on liquor bottles, and 1D linear barcodes on liquor cartons and excise permits and passes. The barcodes would be scanned for information at various points of the liquor supply-chain in the state, and the information gathered upon such scanning would be made available to Excise authorities through a web-enabled mechanism. The Excise Directorate, thereby, will be able to track the production, distribution and sale of liquor in West Bengal and monitor the inventory of foreign liquor and country spirit manufactories, bonded warehouses, trade godowns and liquor retail outlets throughout the state.

2. Tender document Fee INR 20,000 (Indian Rupee Twenty Thousand only) in the form of a Demand Draft in favor of “Webel Technology Limited” payable at Kolkata.

The Tender Document Fee must be submitted by the bidders at the time of attending the pre-bid meeting or along with the Technical Bid submission, whichever is earlier.

3. Testing Fee INR 25,000 (Indian Rupee Twenty Five Thousand only) in the form of a Demand Draft in favor of “Webel Technology Limited” payable at Kolkata.

4. Earnest Money Deposit Rs. 25.00 lakhs (Rupees Twenty Five Lakhs only) in the form of a Demand Draft in favor of “Webel Technology Limited” payable at Kolkata.

5. Commencement date of Sale of Tender document

January 20, 2014

7. Pre-Bid Meeting - Date & Time January 31, 2014 at 2:00 PM

• Only two persons for each intending bidder’s organization, who will buy the tender, will be allowed to attend the Pre Bid Meeting.

• The person should have proper authorization in respective Company Letter Head.

• Only queries as per format in this RFP and reaching WTL

by 6 PM of January 27, 2014 will be taken for decision.

• Queries will be entertained for those bidders who will procure the Original Tender document.

• Queries should be sent to:

The Purchase Manager WEBEL TECHNOLOGY LIMITED (A Govt. of West Bengal Undertaking) Plot - 5, Block – BP, Sector – V, Salt Lake City, Kolkata – 700091.

8. Last date & time of Technical Bid Submission

February 10, 2014 at 2:00PM

9. Date of opening of Technical Bid February 10, 2014 at 4:00PM

10. Pre-Bid Meeting, Bid Submission & Bid Opening venue

WEBEL TECHNOLOGY LIMITED (A Govt. of West Bengal Undertaking) Plot - 5, Block – BP, Sector – V, Salt Lake City, Kolkata – 700091.

11. Availability of Tender Document The Tender Document will be available for download from the following 4 websites:

a. http://wtl.co.in b. www.wbexcise.gov.in c. www.banglarmukh.gov.in d. www.tenders.gov.in

12. Contact person Mr. P. S. Mitra - 23673403-06 (Extn – 114) Mr. Arunava Saha- 23673403-06 (Extn – 112) WEBEL TECHNOLOGY LIMITED (A Govt. of West Bengal Undertaking) Plot - 5, Block – BP, Sector – V, Salt Lake City, Kolkata – 700091.

This section provides a “Format of Acknowledgement” for the prospective Bidders, who download/ procure this document. The Bidders should forward this “Acknowledgement Format”, duly filled-in with the required details, to the address furnished below on or before the Pre-bid Meeting, which is a must to attend the Pre-bid Meeting along with an authorization Letter.

----------------------------------------------------------------------------------------------------------------------------------- Acknowledgement Format: (To be returned to the below address. Acknowledgement Format is a must to attend Pre-bid Meeting along with an Authorization Letter) The Purchase Manager WEBEL TECHNOLOGY LIMITED (A Govt. of West Bengal Undertaking) Plot - 5, Block – BP, Sector – V, Salt Lake City, Kolkata – 700091. RFP downloaded/ procured by (person’s name)

Designation

Name of Organization

Address

Phone Nos.

Fax Nos.

Email ID Signature of the Authorized Signatory: Name: Designation & Seal of the Company:

Disclaimer Though adequate care has been taken in the preparation of this RFP document, the Bidder should satisfy himself that the document is complete in all respects. Intimation of discrepancy, if any, should be given to the below mentioned officer immediately.

If this office receives no intimation of discrepancy within the date mentioned in Section-3.6, it shall be deemed that the RFP document is complete and final in all respects.


1. Neither Webel Technology Limited nor do their employees or consultants, make any representation or warranty as to the accuracy, reliability or completeness of the information in this RFP and it is not possible for Webel Technology Limited to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFP. Some of the prospective Bidders may have a better knowledge of the manufacture and supply of high security holograms with 2D barcode/1D linear barcode based electronic supply chain management system for bottled liquor than others. Each prospective Bidder should conduct his own investigations and analysis and check the accuracy, reliability and completeness of the information in this RFP and obtain independent advice from appropriate sources.

2. Neither Webel Technology Limited nor their employees or consultants will have any liability to any prospective Bidder or any other person under the law of contract for any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this RFP, any matter deemed to form part of this RFP, the award of the manufacture and supply of high security holograms with 2D barcode/1D linear barcode based electronic supply chain management system for bottled liquor, the information and any other information supplied by or on behalf of the Excise Directorate, GoWB or their employees, any consultants or otherwise arising in any way from the selection process for the manufacture & supply of high security holograms with 2D barcode/1D linear barcode based electronic supply chain management system of bottled liquor.

3. Webel Technology Limited reserves the right to reject any or all of the Bids submitted in response to this Request for Proposal at any stage without assigning any reasons whatsoever.

4. Webel Technology Limited reserves the right to change /modify/alter/ amend any or all of the provisions of this Request for Proposal. Such changes would be intimated to all parties procuring this Request for Proposal, to enable them to take appropriate action.

5. Webel Technology Limited shall have no liability for non-receipt of any communication from the Bidder to Webel Technology Limited and vice-versa due to postal delays or otherwise.

Table of Contents

1. Definitions 11

2. Background 13

2.1. Introduction 13

2.2. Overview of Excise Directorate, GoWB 13

2.3. Current Issues and Needs 14

2.4. Overview of Legacy System in Excise Directorate 14

2.5. Scope of Work 17

2.6. Objective 19

2.7. Functionality of Two Dimensional (2D) and One Dimensional (1D) Barcode 19

2.7.1. Two Dimensional (2D) Barcode 19

2.7.2. One Dimensional Linear Barcode 20

2.7.3. Principle of reading barcodes 20

2.8. Concept of holograms with barcode based systems 21

2.9. BOOT structure for the electronic supply chain system 21

2.10. Specifications for manufacture and supply of high security holograms 23

2.10.1. Master Origination Feature 23

2.10.2. Raw Material Specification 24

2.10.3. Packaging and Supply Specification 25

2.10.4. Other Features 25

2.11. Schedule of Requirements 26

2.12. Implementation 29

2.12.1. Assumptions 31

2.13. Deployment Architecture 31

2.13.1. Proposed Process Flow 34

2.13.2. Activity Descriptions 39

2.13.3. Details of Hardware Requirement & Desirable Infrastructure Specifications 50

2.13.4. Features and Data Flow of the Software 51

2.13.5. Requirement for Training 55

2.13.6. Implementation Schedule 56

3. Overview of Selection Process 58

3.1. Bid Responsiveness 58

3.2. Disqualification 59

3.3. Evaluation of Technical Proposal 59

3.4. Evaluation of Pilot 59

3.5. Evaluation of Financial Proposal 60

3.6. Milestones 60

3.7. Award of Contract 61

3.7.1. Post Qualification 61

3.7.2. Contract Execution 61

3.7.3. Payment Terms 61

4. Procedures 62

4.1. Pre Bid Meeting 62

4.2. Enquiries and Clarifications 62

4.3. Submission of the Bid 63

4.3.1. Technical Proposal 63

4.3.2. Pilot 64

4.3.3. Bid Submission 64

4.3.4. Financial Proposal 64

4.4. General Terms and Conditions 65

4.5. Integrity Pact 66

4.6. Validity of Terms of the Bid 67

4.7. Fees and Deposits 67

4.7.1. Tender Document Fee 67

4.7.2. Testing Fee 67

4.7.3. Earnest Money Deposit 67

4.7.4. Forfeiture of EMD 68

4.7.5. Performance Guarantee 68

4.7.6. Revenue Share 69

5. Technical Proposal Evaluation 70

5.1. Key Objectives 70

5.2. Eligibility Criteria 70

6. Pilot 74


6.2. High Level Components 74

6.2.1. Infrastructure for Pilot 74

6.2.2. Scope of Pilot 74

6.2.3. Time Schedule for Pilot 77

6.2.4. Payment for Pilot 77

6.2.5. Evaluation of Pilot 77

6.2.6. Evaluation Committee 77

7. Financial Bid Evaluation 78


7.2. Financial Bid Parameters 78

7.3. Selection of Bidders 78

8. Special Terms and Conditions 79

8.1. All Facilities with the Bidder 79

8.2. Factory Address to be Furnished 79

8.3. Proof of Facilities & Machineries 79

8.4. Inspection of Manufacturing Unit 79

8.5. Samples for Testing 80

8.6. Validity of the Quoted Price and Tenure of the Contract 80

8.7. Pert Chart for Production 80

8.8. Approval of Art Work 80

8.9. Safe Custody of Master 80

8.10. Supply of High Security Holograms 81

8.11. Cost of Bidding 81

8.12. Bid Document 81

8.13. Forms and Format 81

8.14. Lack of Information to Bidder 81

8.15. Liability 82

8.16. Signing of the Bid 82

8.17. Amendment of Bid Document 82

8.18. Language of Bid and Correspondence 82

8.19. Opening of Bid 82

8.20. Financial Proposal/Price Bid 83

8.21. Selection of the Bidder 83

8.22. Communication of Acceptance 83

8.23. Failure and Termination 83

8.24. Law Governing the Contract 84

8.25. Bankruptcy 84

8.26. Withdrawal of Bid 84

8.27. Insurance Coverage 84

Appendix 85

Exhibit 1: Bid Form 85

Exhibit 2: Covering Letter Format 87

Exhibit 3: Pro forma for Performance Bank Guarantee 89

Exhibit 4: Format for Technical Proposal 92

Exhibit 5: Format for Commercial Proposal 98

Exhibit 6: Format for Integrity Pact 101

Exhibit 7: Letter of Acceptance 107

Exhibit 8: Pro forma for Pre-Bid Queries 109

Exhibit 9: Document Submission Checklist 110

Annexure 1 - Draft Service Agreement 112

Annexure 2 - Draft FRS for Electronic Supply Chain Management System 157

1. Definitions In this document, the following terms shall have following respective meanings:

1. AGREEMENT: The draft of the Service Agreement and Service Level Agreement (SLA), that would be entered between Excise Directorate, GoWB, WTL and the Project Company for manufacturing, printing, marking/coding & supply of 2D Barcoded High Security Holograms and 1D Linear Barcodes labels for affixing on Liquor bottles/cartons/transport passes/permits in West Bengal, as well as design, development, testing, deployment, operation and maintenance of Barcode based Electronic Supply Chain Management System in West Bengal. The Draft Service Agreement is furnished in Annexure-1.

2. BID: The proposals submitted by the prospective Bidders in response to this Request for Proposal Document issued by WTL on behalf of Excise Directorate, GoWB.

3. BIDDER: The Bidding Entity for manufacturing, printing, marking/coding & supply of 2D Barcoded High Security Holograms and 1D Linear Barcoded labels for affixing on Liquor bottles/cartons/transport passes/permits in West Bengal, as well as design, development, testing, deployment, operation and maintenance of Barcode based Electronic Supply Chain Management System in West Bengal. This entity must be the manufacturer and supplier of 2D Barcoded High Security Holograms.

4. HIGH SECURITY HOLOGRAMS WITH BARCODE BASED ELECTRONIC SUPPLY CHAIN MANAGEMENT SYSTEM OF BOTTLED LIQUOR PROJECT: The project involving manufacturing, printing, marking/coding & supply of 2D Barcoded High Security Holograms for affixing on Bottled Liquor in West Bengal, as well as the design, development, testing, deployment, operation and maintenance of Barcode based Electronic Supply Chain Management System in West Bengal on BOOT basis for a period of 5 years. It also entails other related and necessary components as per the terms of the draft Service Agreement and Service Level Agreement (SLA) to be signed with the successful Bidder.

5. ESCMS: Electronic Supply Chain Management System of the proposed project

6. REQUESTS FOR PROPOSAL: The Bid Document issued to the prospective Bidders, asking for their Proposals.

7. IMPLEMENTATION PERIOD: The period from the date of signing of the Agreement and up to the issuance of Final Acceptance Certificate for the project by the Excise Directorate, GoWB.

8. SERVICES: The work to be performed by the successful Bidder pursuant to the Contract, as detailed in the Scope of Work of this RFP.

9. LAW: Any Act, notification, rules and regulations, directive, ordinance, order or instruction having the force of law enacted or issued by the Central Government and/or the Government of West Bengal or regulatory authority or political subdivision of government agency.

10. REQUIREMENTS: It will mean and include the schedules, details, description, statement of technical data, performance characteristics and standards, as specified in the Contract.

11. Project Company: The Bidder finally selected for manufacturing, printing, marking/coding & supply of 2D Barcoded High Security Holograms for affixing on Bottled Liquor in West Bengal as well as the design, development, testing, deployment, operation and maintenance of Barcode based Electronic Supply Chain Management System in West Bengal on BOOT basis for a period of 5 years.

12. PC: This is the abbreviation used for Project Company in this document.

13. Pilot: This is the Pilot of the Proof of Concept for the proposed solution by the bidder against this RFP

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14. PROJECT PLAN: The document to be developed by the successful Bidder and approved by the Excise

Directorate, based on the requirements of the Contract and the preliminary project plan included in the Bid. For the sake of clarity, the "Agreed and Finalized Project Plan" refers to the version of the plan submitted by the Bidder after receiving the letter of Award and the same approved by Excise Directorate. The project plan may be changed/modified during the course of the project. In case of any conflict with the provisions of the Contract in any way, the relevant provisions of the Contract, including any amendments, shall prevail.

15. GOVT. OF W. BENGAL/ GoWB: Either of these terms refers to the Government of West Bengal.

16. FRAUDULENT PRACTICE: A misrepresentation of facts in order to influence a procurement process or the execution of a Contract and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial non-competitive levels and to deprive the Excise Directorate, GoWB and eventually Government of West Bengal, of the benefits of free and open competition.

17. TERMINATION NOTICE: The written notice of termination of the agreement or contract issued by the Excise Directorate, GoWB.

18. WTL: Webel Technology Limited, a Government of West Bengal undertaking

19. Third-Party: A person or an entity who is not formally part of the project and external to both the Project Company and GoWB/WTL, but is solely involved for an independent expert view or opinion related to the project proceedings. In the context of this RFP, the Third-Party will be appointed by the Excise Directorate, when deemed necessary.

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2. Background

2.1. Introduction WTL invites proposals for "High Security Holograms with Barcode based Electronic Supply Chain Management System for Bottled Liquor" project in West Bengal to be implemented on BOOT basis for a period of 5 years for Excise Directorate, GoWB from reputed bidders.

2.2. Overview of Excise Directorate, GoWB The Excise Directorate, GoWB, headed by the Excise Commissioner, deals with the regulation of the manufacture, supply, distribution and sale of liquor and other intoxicants in the state, along with the collection of state excise duties, import pass fees and any other related levy or taxes derived from the above activities. The department specifically performs the following activities:

• Granting and regulating licenses for the manufacture, wholesale and retail sale of liquor & spirits used for the manufacture of liquor.

• Authorizing the manufacture and / or sale of brands of bottled liquor in the state, through a process of registration of brands of foreign liquor, colored and flavored spirit, and country spirit, and of the labels under which they can be manufactured and / or sold.

• Regulating the movement of liquor and spirits used for the manufacture of liquor, into, throughout and from the state, through the grant and administration of relevant import, export and transport passes.

• Monitoring and maintaining records of inventories of liquor, and spirits used for the manufacture of liquor, at all the liquor-manufacturing, wholesale and retail locations in the state.

• Operating mechanisms for the collection of state excise duties on liquor, and fees and other levies charged and imposed by the government on the manufacture, distribution, and sale of liquor.

• Carrying out enforcement activities against the illegal manufacture of liquor, and against the distribution and sale of such illegally manufactured liquor, and liquor on which the requisite state excise duties and / or fees have not been paid.

• Carrying out enforcement activities against the manufacture, distribution, sale and possession of narcotics.

• Regulating the manufacture, supply, distribution and sale of spirits and narcotic drugs for medicinal and industrial purposes, by issuing and administering relevant licenses, permits and passes.

The ultimate objective is to ensure that all liquor and other intoxicants available in the state for the consumers are sourced through legal channels without any loss of revenue to the state government on account of excise duties and import fees.

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2.3. Current Issues and Needs Based on a study of revenue collection by excise departments of some of the other states and frequent incidents of spurious branded bottled liquor being identified in the market, the Excise Directorate, GoWB apprehended a definite loss in revenue from duties and fees against the annual total consumption of liquor by the state. Moreover the introduction of counterfeit bottled liquor in the system, on which the department currently doesn’t have any control or monitoring, was a cause of concern in terms of ensuring the health safety of the consumers.

In this context, the department felt the need to track the production, distribution and sale of bottled liquor in West Bengal and at the same time, monitor the inventories at the different establishments across the state from a central location on a real-time basis. The ESCMS of bottled liquors should assist them in easily identifying counterfeit branded bottles or bottled liquor on which excise duties and/or fees have not been paid. Moreover the excise officials would need to identify and seize any fake passes being used to transport, import or export bottled liquor in the state.

The Excise Directorate, GoWB intends to procure 2D barcoded high security holograms as well as printed 1D linear barcoded labels for affixing on liquor bottles and cartons of bottled liquor in West Bengal as a proof of authenticity and a tracking mechanism for payment of applicable duties and fees. The entire system will enable an efficient and transparent inventory management and other functions.

2.4. Overview of Legacy System in Excise Directorate Various Online e-Services are being delivered through State Excise Portal www.wbexcise.gov.in, which are follows:-

1. Workflow based System for Grant of Excise License for the Next Period of Settlement • e-Application by Excise Licensees for Grant of License • e-Issuance of Acknowledgement • e-Issuance of Excise License for the Next Period of Settlement • Integrated with SMS Gateway

2. Workflow based System Label Registration of Packaged Foreign Liquor & Packaged Country Spirit • e-Application for Label Registration • e-Issuance of Acknowledgement • e-Issuance of Label Registration Certificate • Integrated with SMS Gateway

3. Workflow based System for Import Permit-cum-Pass for Packaged Foreign Liquor • e-Requisition for Import Permit-cum-Pass for Packaged Foreign Liquor • e-Issuance of Bar-coded Import Permit-cum-Pass for Packaged Foreign Liquor • e-Receipts of Imported Consignment & automatic updating of Stock • e-Issuance of Excise Verification Certificate (EVC) • Integrated with SMS Gateway

4. Stock Inventory System for Foreign Liquor Manufactory Bond, Bond-cum-Trade, Exclusive Trades a. Foreign Liquor Manufactory Bond

• e-Receipts of Spirit • e-Stock Inventory of Strong Spirit (SST) VAT • e-Issuance of Spirit to Blending & Reduction (BRT) VAT for production of a Brand of Specified

Batch • e-Recording of Produced Packaged Foreign Liquor – Measure, Total Cases/Bottles • e-Transfer of Produced Bottles to the Stock of Adjunct Bond • Real Time / Daily / Monthly Stock Inventory of Spirit in Foreign Liquor Manufactory

b. Foreign Liquor Bonded Warehouse • e-Receipts from Manufactory OR e-Receipts through Import from Other States • e-Issuance of FL Bottles to Trades through De-bonding (Transport Pass) • e-Stock Inventory of Packaged Foreign Liquors

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http://www.wbexcise.gov.in/

c. Foreign Liquor Trades

• e-Receipts from Bonds OR e-Receipts through Import from Other States • e-Issuance of FL Bottles to Trades/Retails through Transport Pass • e-Stock Inventory of Packaged Foreign Liquors

5. Workflow based System for Transport Pass for Packaged Foreign Liquor • e-Requisition for Transport Pass for Packaged Foreign Liquor • e-Issuance of Bar-coded Transport Pass for Packaged Foreign Liquor (SMS Service • e-Receipts of Transported Consignment • Automatic updating of Stock of both Consignee & Consignor • Integrated with SMS Gateway

6. Monthly e-Return for Manufactory, Bond-cum-Trade, Exclusive Trades & Retail Licensees • Receipts of Spirit / Packaged Foreign Liquor • Issuance of Spirit / Packaged Foreign Liquor • Excise Duty / Fee Deposited

7. Workflow based System for Import Permit-cum-Pass for (a) Bulk Spirit (b) SDS, Methanol (c) Spirit for Medicinal Purposes • e-Requisition by Licensee for Import Permit-cum-Pass • e-Issuance of Bar-coded Import Permit-cum-Pass by Competent Authority • e-Receipts of Imported Consignment & automatic updating of Stock • e-Issuance of Excise Verification Certificate (EVC) by Competent Authority • Integrated with SMS Gateway

8. Import Permit-cum-Pass for Molasses

9. Monthly e-Reporting System for Intoxicant Consumption & Revenue Receipts

10. Daily Preventive Raid e-Reporting System The Legacy Databases, being developed and currently in use, are as follows: 1. Directory Database

• Excise License (a) List of License Type (b) List of License Title (c) List of License Category (d) List of License Sub-Category (e) List of Supplementary License

• Site Location (a) List of Administrative Districts (b) List of District-wise Subdivisions (c) List of District-wise Municipal Bodies (d) List of District-wise Police Stations (e) List of District-wise Gram Panchayats (f) List of District-wise Blocks (g) List of District-wise Mouzas (h) List of District-wise Roads

• Excise Location (a) List of Excise Districts (b) List of Excise District-wise Ranges (c) List of Excise Range-wise Circles

• Vehicle for carrying Consignments (a) List of Vehicle Makes (b) List of Vehicle Models with Gross Vehicle Weights (GVW)

• Packaged Foreign Liquor (PFL) (a) List of PFL Category (b) List of PFL Kind (c) List of PFL Type

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(d) List of PFL Strengths (e) List of PFL Measures (f) List of Primary & Secondary Legends (g) List of number of Bottles (measure wise) allowed per Case

• Bulk Spirit (BS) (a) List of Spirit Kind – Bureau of Indian Standard Number, Minimum & Maximum Strength (b) List of Denaturant Types – Bulk Spirit Kind wise (c) List of Bulk Spirit Container Types (d) List of Measures allowed – Container Type wise

• Excise Duty / Fee (a) List of Rates for Initial Fees & Renewal Fees of Excise Licenses – Location wise (b) List of Rates for Initial Fees & Renewal Fees of Supplementary Licenses – Location wise (c) List of Rates for Import Pass Fee – Liquor Type & Exporting Location wise (d) Excise Duty Rate Chart for Packaged Foreign Liquor (e) Excise Duty Rate Chart for Bulk Spirit

• Others (a) List of Check Posts – State wise

2. Master Database

• List of Consignor/Exporter – State wise Consignor Name, Address, CST No., VAT No., PAN, Mobile No., Fax No., Distance from West Bengal etc.

• List of Registered Brands of Foreign Liquor – Liquor Category , Kind & Type wise

• List of Foreign Liquor Brand Owners – Country / State wise

• List of Foreign Liquor Manufacturers/Bottlers – Country / State wise

• List of Foreign Liquor Brand Owners – Country / State wise

• List of Rates for Allowed Wastages – Distance & Container wise

• List of Exporters – State wise

• List of Importers – State wise

• List of Validity Periods for Import Permit of Foreign Liquor – Exporting State wise

• List of Validity Periods for Import Permit of Bulk Spirit – Exporting State wise

3. Transaction Master

• List of Excise Licensee – District / Range / Circle wise, Category/Sub-Category wise with following particulars -

(a) Excise Licensee Unique Identification Number (b) License Type, Category (c) Establishment Name (d) Initial Grant Date (e) License Nature – Regular / Temporary (f) Site Details – District, Police Station, Excise Range, Excise Circle, Municipal Body / GP

Name, Land Details, Site Address with Pin Code (g) Member/Authorized Representative Details with PAN & Mobile Number (h) Name of Excise Licenses

• List of Registered Packaged Foreign Liquors for doing business -

(a) Product Registration Number (b) Registration Type (Fresh/Renewal) (c) Liquor Category, Kind, Type (d) Brand Name (e) Special Attribute of Container (f) Bottler Name, Country/State, Address (g) Brand Owner Name, Country/State, Address

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(h) Liquor Strength, Measure & M.R.P. (i) Registrant Name & Address, Registration Fee Payment Details

• Database of Import Permit-cum-Passes Issued for Foreign Liquor (a) Consignee Details (b) Consignor Details (c) Consignment Details – Bottler, Brand, Measure, No. of Cases, MRP & Duty Involved (d) Conveyance Details – Vehicle Make & Model, Way Bill Numbers (e) Route Details – Check Posts, Route & Distance (f) Export Pass Details, if available (g) IP Requisition Identification Number & Date (h) Import Permit Details – IP Number, Validity in Number of Days (i) Receipts of Consignment – Pre-Unloading & Post-Unloading – Batch No. wise PFL (j) Excise Verification Certificate Details

• Database of Transport Passes Issued for Foreign Liquor

(a) Consignee Details (b) Consignor Details (c) Consignment Details – Bottler, Brand, Measure, No. of Cases/Bottles, Batch Number &

Date, MRP & Duty Involved, if applicable (d) Conveyance Details – Vehicle Make & Model, if applicable (e) Route Details –Route & Distance (f) TP Requisition No. & Date, if applicable (g) Transport Pass Details – TP Number, Validity in Number of Days / Hours (h) Receipts of Consignment – Pre-Unloading & Post-Unloading – Batch No. wise PFL

• Database of Import Permit-cum-Passes Issued for Bulk Spirit

• Database for Import Permit-cum-Passes Issued for Molasses

• Database for Stock Inventory of Bonded Warehouses, Trades

(a) Stock Initialization -- Product Registration Number, Batch No. & Date, Stock Quantity (b) Transaction (Receipts / Issue) of Packaged Foreign Liquors – Product Registration

Number, Batch No. & Date, Transaction Quantity

It is advised that the bidder should not replicate any of the existing Legacy Systems as part of implementing the ESCMS software.

2.5. Scope of Work The "High Security Holograms with Barcode based Electronic Supply Chain Management System of Bottled Liquor" (hereinafter referred to as “ESCMS”) project is envisaged to be implemented on BOOT basis for a period of 5 years. The following list outlines the broad areas of scope of work for the Bidder, who is primarily the manufacturer and supplier of 2D barcoded high security holograms.

• System study and detailed analysis on the various possible workflows of bottled liquor in West Bengal across the different establishments and determination of system modules with necessary modification for the best fit solution;

• Supply and maintenance of any necessary software for performing a comprehensive inventory management and logistics function, as part of the ESCMS system implementation;

• Manufacture and supply of 2D barcoded high security holograms and 1D linear barcoded labels as and when needed by the different manufactories;

• Procurement, Installation, Commissioning of Hardware, System Software & Networking Infrastructure including the barcode scanners across all the identified establishments/enforcements /offices of Excise Directorate, GoWB;

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• Adherence with all statutory reports, manuals, ledgers, and forms as currently maintained or required

to be maintained at various establishments licensed by the Excise Directorate, West Bengal and at the Excise offices;

• Implementation, rollout and maintenance of the ESCMS software at the excise directorate offices, manufactories, bonded warehouses, trade godowns and retail outlets. However the implementation will occur in phases, the details of which are provided in this RFP;

• Implementation of the system for all types of bottled liquor - state produced bottled liquor for consumption in the state and CSD canteens, state produced bottled liquor for exports, bottled liquor imported from other states and bottled liquor imported from overseas. However this implementation will also be occurring in phases, the details of which are provided in this RFP;

• Implementation of the software for operation in both offline and online mode so that the retail outlets, bonded warehouses and trade godowns can store the date in any external drive and upload it later in case of a connectivity problem;

• Operate and maintain 2D barcode/1D linear barcode based ESCMS of bottled liquor in West Bengal, post rollout, through the end of the BOOT period;

• Ensuring the safety and quality standards at its facility for the manufacture and supply of 2D barcoded high security holograms and 1D linear barcoded labels. The successful bidder has to maintain the inventory of 2D barcoded holograms, jointly with Excise Directorate, GoWB and monitor its supply for use on bottled liquors in West Bengal;

• Responsible for discharging all its obligations under the Draft Service Agreement (furnished in Annexure-1) to Excise Directorate, GoWB, without any reference to any other party operating with them and all such Associations/Joint Ventures shall be dependent of and co-terminus with the Draft Service Agreement;

• Setting up of primary database server and disaster recovery centre at locations mutually agreed upon with the Excise Directorate, GoWB, at the time of Award of Contract; the bidder must set up an exclusive server of Excise Directorate at the State Data Center for this purpose. However, if the bidder is using any outside private cloud or privately owned storage area, there must be a daily replication of the data to the Excise Directorate server at the State Data Center;

• Migration of master data for license and registration as well as transactional data regarding generation and cancellation of import permits and transport passes from xPERT database to the system database on real-time basis for use by the ESCMS application. The transactional data from the ESCMS database system should be replicated to the xPERT database for consolidation and reporting purpose. The data security and integrity of the transactional data have to be maintained by the bidder for the period of 5 years;

• Integration with the relevant components of existing xPERT system of Excise Directorate, GoWB, as and where applicable. There must be a proper handshaking between the two systems to avoid any technical bottleneck, and functional duplication and redundancy;

• Setting up of a helpline/call centre (minimum two (2) seater) on a two-shift basis, that can be used by the manufactory, bonds, trades and retail outlets as a grievance resolution mechanism; and

• Training, capacity building and change management as required and appropriate for the project. Comprehensive computer based user management and training module/ online manuals for end users who would not be covered under the training and change management workshops.

The following will be considered out of scope of the bidder for this project:

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• All the online e-Services that are detailed above, under "Overview of Legacy System in Excise

Directorate" section

• Procurement of hardware/barcode scanners and applicator machines (either automatic or manual) at the manufactories, both within the state of West Bengal as well as outside states from where bottled liquor is imported to this state - this will be the responsibility of the individual establishments

• Procurement of necessary hardware and barcode scanners at the bonded warehouses, trade godowns and retail outlets within the state of West Bengal - this will be the responsibility of the individual establishments

• Maintenance of applicator machines, hardware and barcode scanners at the manufactories/bonds/ trades/retail outlets, where applicable - this will be the responsibility of the individual establishments

• Setting up of internet connectivity, if not available, at the different establishments - this will be the responsibility of the individual establishments

2.6. Objective The primary objective of the project is to establish a mark of authenticity to the consumers for the state produced and state imported bottled liquor and also, track the production, distribution and sale of liquor in West Bengal, and monitor the inventory in foreign liquor and country spirit manufactories, bonded warehouses, trade godowns and liquor retail outlets throughout the state. This will help to improve the control and monitoring on the revenue generated from excise duties and taxes for bottled liquor.

Hence this will ensure that all liquor and other intoxicants available in the state for the consumers are sourced through legal channels without any loss of revenue to the state government on account of excise duties and import fees.

2.7. Functionality of Two Dimensional (2D) and One Dimensional (1D) Barcode

2.7.1. Two Dimensional (2D) Barcode

In the two-dimensional (2D) barcode, data is encoded using both the horizontal and vertical dimension of the symbol, and the amount of data that can be contained in a single symbol ranges from a few hundred to thousands of alphanumeric characters. These can potentially be placed in a single symbol having the size of a large postage stamp. The main advantage of using 2D barcodes is that a relatively large amount of easily and accurately read data can move with the item to which it is attached. The GS1 DataMatrix 2D barcode, for example, has a capacity of 3,116 numeric or 2,335 alphanumeric characters.

In the context of this RFP, the following data has to be carried in a database with the corresponding key in the form of a Unique ID encoded in each of the 2D barcoded holograms for tracking the flow of the corresponding bottled liquors. Once this unique ID is scanned and captured by the scanner, connectivity would enable the user to communicate with the database.

However there must be a provision to add some new attributes or omit some existing attributes in the software. In each of those cases, reports will be generated and database will be maintained as per the instruction of the Excise Directorate. Details required currently for the ESCMS software are listed below. However the software should have provision to capture only those details that are not available in the Master Data set from xPERT database.

For consumption within the State of West Bengal only:

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i. Brand name;

ii. Name of the brand owner;

iii. Registered address of brand owner;

iv. Measure in liters/milliliters;

v. Strength of foreign liquor;

vi. Description of content;

vii. MRP;

viii. Name and address of the distiller, compounder, blender, brewer or bottler, as the case may be;

ix. Date of manufacture with batch no., and the legend 'West Bengal Excise';

x. Date of Expiry in case of beer;

xi. The legend 'For sale in West Bengal only';

xii. The maximum retail price (MRP) inclusive of all taxes of the product;

xiii. In case of product meant for sale to defense personnel, the legend 'For defense personnel only' with caution mark;

xiv. Statutory health caution mark 'Consumption of liquor is injurious to health'.

In case of import for consumption within the State of West Bengal:

i. Marked as 'For sale in West Bengal' for products imported from other States of India.

ii. In case import from foreign country, marked as 'Produce of Origin Country'.

In case of export products:

i. Marked as 'Not for sale in West Bengal'.

a. Marked as 'For export to Overseas'

b. Marked as 'For export to other states'

2.7.2. One Dimensional Linear Barcode

The 1D linear barcoded labels shall be used for tracking Cartons and Permits (Transport Passes & Import Permits). They carry an encoded key that will access the Unique IDs of Bottles and/or Cartons that are mapped to them in the database. The Carton Labels are pasted on each of the cartons at the individual manufactories and they are bound with the Unique IDs of 2D barcode hologram affixed bottled liquors that are scanned and packed in those cartons. Similarly, the 1D barcode pre-printed transport passes are generated at the manufactories, bonds and trades by the xPERT system, and they are bound with the Unique IDs of Carton Labels for tracking the entire consignment from source to destination.

2.7.3. Principle of reading barcodes

The data encoded in the 2D Matrix barcodes of the holograms should be read by the Charge Couple Devices (CCD’s) or imaging cameras. The device must first capture the image of the symbol and then analyze it, while the finder patterns will be used to recreate a virtual image of the Matrix. Typically, each of the dark and light areas within the Matrix is converted to binary values (1 or 0). The values are then analyzed according to the reference decode algorithm of Data Matrix as defined in ISO/IEC 16022 standards. The bidder must ensure that the proposed solution against this RFP handles the 2D barcode reading in a similar manner.

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However due to the latest advances in technology and more sophisticated and faster way to read 2D Matrix data, the bidders can propose any latest technology, if available.

2.7.3.1. Reading Barcode: Scanners Scanners, which can read in two-dimensions, are required to read data matrix symbols. The scanners use camera or imaging technology. This is different from the technology used in the laser scanners for reading 1D linear barcode symbols where a single laser beam passing across the length of the symbol can read it. However, in the case of data matrix symbol, the entire image is required to be read along both X and Y-axis.

Camera based scanning system tend to have the ability to distinguish up to 256 levels of grayscale. This enables the scanning system to read and analyze the very low contrast symbols such as those directly engraved in the metal. The bidders must take into consideration the appropriate types of scanners to be used and explain them, in detail, in their proposed solution.

2.8. Concept of holograms with barcode based systems The concept of holograms with barcode based ESCMS could contain all the relevant information in a single barcode within a given small space on the label and also provide a mark of authenticity to the item over which the holograms would be applied.

Figure 1: Hologram with 2D Barcode

The end users/consumers of those items will be able to easily decode the information on the hologram barcode through the applications installed in smart phone, mobile phones, laptop, tablets, PC etc. The verification of the authenticity can be done either in a simple manner like a pass/fail or true/false message; or it can be relatively complex, where the full details of the product and its supply chain journey details can be checked through image visualization and/or fetching corresponding information from the database.

The data has to be carried in a database with the corresponding key in the form of a Unique ID encoded in each of the 2D barcode. The data is customizable and can be in the form of:

• Alphabet, numeric or alphanumeric field (fixed or variable); and

• Image (fixed or variable)

An automatic applicator m/c will be able to apply the holograms on the bottle caps (position or location to be configurable) during production on the conveyer belt after the labels have been applied on the filled up bottles. All the bottles, that are packed in a single carton from the production line, are to be scanned in order to enable the system to map the information of those bottles to a 1D linear barcode label affixed on the carton. The Carton Label is mapped with the Unique IDs of all the bottles which are packed in the Carton.

The high security holograms should contain a combination of overt, covert and forensic security features for ease in identification and authenticity check.

2.9. BOOT structure for the electronic supply chain system The "High Security Holograms with 2D Barcode Based Electronic Supply Chain Management System for Bottled Liquor" project is envisaged to be developed on BOOT (Build-Own-Operate-Transfer) basis for a period

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of 5 years. The relationship between Excise Directorate GoWB, WTL and the successful bidder would be set forth and described under the terms and conditions of the Agreement to be entered between the three parties.

Through the entire period of the contract, it is expected that the Project Company will be completely responsible for -

• Implementation of the manufacture & supply of 2D barcoded high security holograms and 1D linear barcoded labels.

• Operate and maintain 2D barcode and 1D linear barcode based electronic supply chain management system in West Bengal as per the time schedule given by the Excise Directorate, GoWB.

• Ensure safety, security measures and quality standards at all facilities for the manufacture and supply of high security holograms with 2D barcode.

• The successful bidder/implementation vendor would at all times be responsible for discharging all its obligations under the Draft Service Agreement (furnished in Annexure-1) to Excise Directorate, GoWB.

During the BOOT period, the successful bidder will own and operate the barcode based electronic supply chain management system and collect revenue through the supply of 2D barcode high security holograms in order to repay the investment costs, maintain and operate the system and make profit.

At the end of the BOOT period, the successful bidder must transfer the Master artwork and all components of the electronic supply chain management system, including the hardware, software, barcode scanners and data center infrastructure, at no cost to the Excise Directorate, GoWB in order to keep the implemented system fully operational.

The transfer of ESCMS will not include the hologram manufacturing unit, and the numbering and barcoding unit.

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2.10. Specifications for manufacture and supply of high security holograms

2.10.1. Master Origination Feature

Serial No. Area Requirement

1. Type of Master

High security master made using dot-matrix origination system of at least 6,000 DPI and 2D/3D conventional system recombined together with the following security features:

• Modulated 3D effect with animation • Diffractive Animated Guilloche Pattern (randomly computer generated) • Animated kinetic effect • Concealed Animated Image • Washed Raster Image • Pearl Effect with micro-text • Embossed Effect • Four Channel Effect • Gradient Effect • Animated laser readable data • State logo • Nano text • Partially aluminum demetalized effect as per the approved artwork • Rotational and color changing effects at different angles

Any other security feature that is approved by the Excise Commissioner, Excise Directorate, GoWB will be acceptable, without impacting the minimum price bid.

2. Coding on the Hologram Master

• Specialized two digit code by white marking various products such as IMFL, Country Liquor, Beer etc. as may be decided by the Directorate of Excise.

• Specialized code by white marking indicating financial year of manufacture.

3. Suggested Artwork

A minimum of 4 options of suggested artwork are to be submitted by the bidder containing all the above mentioned security features. The actual design would be approved by the Excise Directorate, GoWB and furnished to the successful bidder only at the time of placement of the order. The master may be changed at the discretion of the purchasing authority any time at the currency of the tender and the bidder should have in-house facilities to produce the master within time frame specified by the purchasing authority.

4. 2D Barcode

The size of the 2D barcode shall be 10mm x 10mm. It should be up to 40 characters. The 2D barcode should contain all the relevant information to uniquely identify bottled liquor.

5. Tamper Evident Full transfer tamper evident on removal or hamper of polyester film layer

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2.10.2. Raw Material Specification


1. Hologram Size The high security holograms must be 15 mm in width and 80 mm in length (rectangular) with serrated round corners, which can be applied both automatically and manually.

2. Hologram Type

The security hologram must be suitable for automatic applications (non manual mechanical applications over the neck and cap of liquor bottles). It should be as per the design, approved and finalized by the purchasing department. The hologram should be with the logo/text, as suggested by the tendering/ purchasing department, on the face of the hologram and readable by naked eye. Full transfer tamper evident on removal or tamper of polyester film layer should be used here; so if somebody tries to remove the hologram, only the film will be removed, but the holographic image on the aluminum metal will remain on the bottle cap.

3. Film Type

Tamper evident, food grade and metalized polyester film must be used with the following quality characteristics:

• Grade: EMCL Ultra Clear • Thickness: 36 microns +/- 5% • Haze factor: Less than 1.2% • Printing, coating, metalizing: Minimum 2 (+/- 10%) optical density

4. Adhesive • Type must be hot melt adhesive suitable for affixation partly on bottle

cap and partly on the neck of the glass • Gramage of 22 GSM +/- 10%

5. Hologram Color Different colors for different product types such as IMFL, Country Liquor, Imported Bottled Liquor (from other states or overseas) and Exported Bottled Liquor, as may be decided by the Excise Directorate, GoWB from time to time.

6. Release Paper • Thickness: 65 +/- 10% GSM and above GSM • Coating: Silicon based solvent less

7. Security Cuts

Security cuts in form of ' I ' should be provided at both ends of the hologram for better affixation on the substrate and to make sure that the hologram is completely damaged in the event of trying to remove it from its original position.

8. Die Cutting The high security hologram should have serrated edges.

9. Numbering and barcode

Each security hologram has to be serially numbered and barcoded using inkjet process in spool form to ensure proper accountability of the hologram (numbering should not be removed from rubbing fingers).

10. Pattern The high security hologram should have an aluminum demetalized effect as per the approved artwork.

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2.10.3. Packaging and Supply Specification


1. Form of Supply

Spool form with 3.0 mm +/- 0.50 mm gap between two holograms horizontally and 1.5 mm +/- 0.50 mm gap vertically suitable for automatic and manual application. These specifications shall conform to the specifications and/or configurations of Auto Applicator m/c.

2. Packaging

The hologram should be supplied in continuous spool from having 20,000 holograms on a spool of 3" core I.D. suitable for both manual and automatic application or as per instructions from the Excise Directorate, GoWB on the number of holograms per spool. Five such spools shall be packed in one carton. For proper transit of the hologram each carton shall contain complete details of holograms packed in that carton with the numbering details as specified by the Excise Commissioner, GoWB.

3. Delivery of Holograms

Delivery of numbered and barcoded high security holograms to the licensees of different manufactories has to be made from the central storage facility as per the instructions from the Excise Directorate, GoWB.

4. Custody and Storage

The bidder should bring the finished holograms to the Excise Directorate, GoWB and their storage shall be done in the facility set up by the successful bidder, under the supervision of the Excise Directorate, GoWB. The supplied holograms shall be under the joint custody of the bidder and the Excise Directorate, GoWB. The holograms can be barcoded and numbered at this facility.

2.10.4. Other Features


1. Visibility The layers in the hologram except covert security features like Micro text, Nano text, Washed Raster Image and Laser Readable Image, shall be visible to the naked eyes.

2. Atmospheric variation

The hologram should not be affected by normal variation in atmospheric conditions.

3. Shelf life The shelf life of the hologram shall be minimum one year without any deformation or deterioration under normal atmospheric condition.

4. Others

The hologram should be suitable for inkjet numbering and barcoding along with year of manufacture as allotted by the Excise Directorate, GoWB.

Apart from the above minimum specifications, the Excise Directorate, GoWB would be interested in all the best possible options to maximize the security of the high security holograms.

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2.11. Schedule of Requirements The overall schedule of requirements for the proposed system implementation is outlined below: • The Commissioner, Excise Directorate, GoWB intends to use 2D barcoded high security holograms and 1D

linear barcoded labels to implement a barcode based electronic supply chain management system for bottled liquor in West Bengal. This ESCMS system is envisioned to track and trace the flow of bottled liquor up to its point of sale at the retail outlets.

• The Excise Directorate, GoWB intends to invite bids for the selection of a vendor to implement and maintain the ESCMS on BOOT basis under a competitive bidding process for a period of 5 years, under the terms and conditions laid down in this RFP.

• The requisition of high security 2D barcoded holograms and their inventory will be centrally managed under the supervision of the Excise Directorate. The successful bidder (Project Company) needs to set up a separate office space for Excise Directorate personnel at the Numbering and Barcoding unit either within the existing manufacturing premises or outside, as the case may be. The holograms and labels, barcoded and numbered, would be under the joint custody of the successful bidder and the Excise Department, GoWB. The office space provided to the Excise Directorate must follow the standard specifications from PWD, with a minimum of 500 sqft area. The office must be fully furnished along with air-conditioning system and should have provision for 1 Excise Officer and 2 Excise Constables. This excise official will be responsible for reviewing the approved requisition from different establishments across the state and submitting a consolidated requisition to the manufacturing unit and will have an oversight on the overall inventory and demand-supply-utilization of holograms.

• The bidder has to provide the required Holographic Labels, Carton Labels, Permit Labels and the barcode-based electronic supply chain management application/software to 19 IMFL manufactories, 2 breweries, 15 country spirit manufactories, 58 foreign liquor bonded warehouses, 76 standalone foreign liquor trade godowns, 32 standalone country spirit depots and 3,233 retail outlets, which includes the CS Shops, FL Bar in Restaurants/Hotels/Club and Beer Pub, in the state of West Bengal.

• The system should allow the manufactories to submit and track the status of the requisition for hologram online. There would be separate username and passwords for each and every manufactory. Bidder has to ensure that the holograms and labels are provided to the manufactories on time to avoid any delay in their production plan.

• The bidder has to provide the required hardware and barcode scanners (2D matrix and 1D linear), handheld or automatic, to the Excise Directorate, Excise Stations and Enforcement Offices at no additional cost and maintain them for a period of 5 years.

• The IMFL manufactories, breweries, country spirit manufactories, foreign liquor bonded warehouses, standalone foreign liquor trade godowns, standalone country spirit depots and retail outlets, which includes the CS Shops, FL Bar in Restaurants/Hotels/Club and Beer Pub, in the state of West Bengal shall procure the specified hardware/barcode scanners either directly or through the bidder at their own cost and maintain them through the period of 5 years. The Excise Directorate, GoWB will not be involved, in any capacity, in the sourcing of this hardware; it is at the sole discretion of the manufactories/bonds/trades, as long as those hardware/scanners are compatible with the system implemented by the successful bidder.

• During the year 2012-2013, 82 crores of bottled liquor was produced. The segment-wise breakdown of the production is shown below –

Details Number IMFL - Spirit 20,00,00,000 Beer 12,00,00,000 Country Spirit 50,00,00,000

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With the assumption of continuing current market scenario and based on the past trend, average annual consumption in foreign liquor segments is expected to increase by 15% for next 2 years i.e. 2013-2015 and by 20% for the subsequent 3 years i.e. 2015-2018. In case of Country Spirit liquor, average annual consumption is expected to increase by 20% for next 2 years i.e. 2013-2015 and then by 25% for the subsequent 3 years i.e. 2015-2018. Bidders are requested to keep the above figures in mind while offering bids.

• The manufactories can procure the required hologram applicator machines directly from outside or through the successful bidder at a mutually agreed price. The Excise Directorate, GoWB will not be involved, in any capacity, in the sourcing of these equipment; it is at the sole discretion of the manufactories, as long as those equipment are compatible with the system implemented by the successful bidder.

• The bidder shall provide the required application software for scanning both the 2D matrix barcode and 1D linear barcode and managing inventory at the following locations. However the locations shall procure the specified hardware/scanners either directly or from the successful bidder at a mutually agreed price:

Identified Locations Count Manufactories (IMFL) 19 Breweries 2 Manufactories (CS) 15 Standalone Bonds 58 Adjunct Trades 58 Standalone Trades 76 CS Warehouses 32 CS Retail Outlets 1,243 FL Retail Outlets 925 FL Outlets at Restaurants/Hotels 989 FL Outlets at Club 72 Beer Pub 04

The number of handheld scanners estimated for the 2D barcode reading and 1D linear barcode reading to be used by the manufactories, breweries, bonds, trades and retail outlets are mentioned in the table below (the below mentioned figures can vary by +/- 10%):

Sl No Particulars No. of units 2D/ 1D barcode reader

1 For manufactories, breweries, bonds, trades, retail outlets

4,523 9,046

Total 4,523 9,046

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• The successful bidder shall provide the required hardware/software at the locations mentioned below, spread throughout the state of West Bengal.

Identified Locations Count Excise Stations 350 Enforcement 40

The number of handheld scanners required for the 2D barcode reading and 1D linear barcode reading to be used by the excise officials are mentioned in the table below:

Sl No Particulars No. of officials 2D/ 1D barcode reader

1 Excise officials posted in manufactories, breweries, bonds and trades

236 472

2 Excise officials of the rank of Sub-Inspector and above posted in the district

495 495

Total 731 967

• Implementation of the software shall be optional for Retail establishments during the initial 3 years (i.e. Phase 1 of the project); however, in Phase 1, a simple system should be implemented under which a retailer would send a SMS as confirmation of receipt from the wholesaler, which would be logged into the system.

• Proposed system should be compatible with and have an identical look & feel of the existing system used by the WB Excise Directorate and should be accessible from the official website of the Directorate through a link.

• System should have provision for working offline to ensure that the production and flow of bottled liquor in the supply chain is not impacted in case of connectivity failure. In online mode, the system should upload the data in the server as soon as it is entered and submitted.

• System should map all the major attributes of excise licenses, as these attributes determine the privileges of each licensed establishment in respect of the supply-chain.

• Interfaces should be provided for Manufactories, Excise Department, Bonds, Trades, and Retail Outlets for uploading and retrieving relevant Data on to and from the Central Database.

• Control mechanism should be available for the Department to generate Serialized 2D-Barcode numbers without any manual intervention from the System.

• Central Database should consist of inter alia Data pertaining to MIS, serialized barcode, stock position, supply and sales.

• System should have a comprehensive User Management Module, which would define access privileges of different categories of users. Licensees should have a multi-level access system in which the management firms out access privileges to subordinates. For excise officers, the access control system should be able to handle postings, transfers, superannuation, leave of absences, suspensions, deaths, and voluntary and forced retirements. The system should able to generate reports on Excise personnel posted at various excise offices / establishments posted at any point of time, as well as historical reports of the same.

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2.12. Implementation During the implementation phase, each of the storage and source/destination locations, as applicable, for bottled liquor has to be enabled for 2D barcode and/or 1D linear barcode reading, relevant information gathering and consolidation for daily/weekly/monthly reports, as required by the excise officers. Typical locations would include bottled liquor production line, packaging area, shipment section, receiving point, storage areas, and PoS etc. A 2D barcode and/or 1D linear barcode reader should be installed at each of these verification and data capturing points. The scanning infrastructure at these points can be replaced by handheld 2D barcode/1D linear barcode readers, wherever required for portability. Each of the carton cases should be tagged with 1D linear barcode while 2D matrix barcode based hologram is tagged on the bottles. Each of these tags should be programmed with information in the database containing details about contents of the case/cartons - like number of bottles along with individual bottle Unique IDs, batch number, brand name, size, manufactory name, lot / line number, year of production etc. These 1D linear barcode tagged cases and 2D matrix barcode tagged bottles should be tracked and traced across the supply chain wherever the location is enabled for their reading. The "High Security Holograms with Barcode based Electronic Supply Chain Management System of Bottled Liquor in West Bengal" would be providing the following value propositions:

A. Barcode based Electronic Supply Chain Management System

The 2D matrix barcode on the hologram will contain a key to access the information in the database related to the details of the bottled liquor e.g. bottle Unique ID, brand name, size, manufactory name, lot/line number, date of production etc. The 1D linear barcoded Carton labels shall be affixed on the cartons and they shall contain a key to access the specific information in the database related to the Unique IDs of all the bottles inside the carton. The 1D linear barcode pre-printed transport passes, generated from the xPERT system, shall contain a key to access the specific information in the database related to all the cartons in a particular consignment. The 1D linear barcoded labels will be affixed on Import Permit and Transport Pass only if they are not available in the generated permits and passes from the xPERT system.

a. Auto applicator will apply the high security holograms containing pre-printed 2D barcode on the liquor bottles in the production line. The hologram will be affixed over the cap and neck of the bottle in such a way that the 2D barcode region will be appearing on the cap and the eye readable numbers will go on the side of the bottle.

b. At the end of the applicator line, the 2D barcode on the bottle caps will be scanned to capture the detailed information into the implemented system and then the bottles will be placed in a carton.

c. The 1D linear barcoded Carton Labels shall be affixed on the cartons and they shall contain a key to access the specific information in the database related to the Unique IDs of all the bottles inside the carton.

d. The 1D linear barcoded Carton Label will be manually affixed to the carton on the exterior and read.

e. The 1D linear barcoded Permit Label will be manually affixed on the transport pass and read, if the barcode is not available in the generated transport pass.

f. All these processes shall be managed through customized software that will manage and control all the desired information.

B. Enhanced Shipment Receiving Process

All incoming bottled liquor packages or consignments undergo pre-receipt inspection before being handed over to the Officer-In-Charge of the respective Adjunct Bonded Warehouse/Standalone Bonded Warehouse. For trades (adjunct and standalone) and retail outlets, the pre-receipt inspection is done by a representative of the trade license owner. The cartons/bottled liquors are passed through the fixed 2D barcode/1D linear barcode reader that captures the associated data/information and record this movement in the system and finally the software reconciles the information with the central Data Server before they are moved into the establishment.

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C. Monitoring of Packaging and Shipping Process

The Excise Officer-In-Charge or licensee of the establishment generates an issue voucher for the cartons/bottles that are to be transferred or transported. The authorized personnel at the manufactory/bonds or trade physically picks these cartons. After taking out the required quantity of cases from the stores, the personnel moves them individually through the fixed 1D linear barcode reader. The system should read the data of each of the Cartons/Cases and reconciles them with the issue voucher. A real time dashboard should be there to show the current activity in real time. Finally a 1D linear barcoded Permit Label is affixed on the transport pass, containing consolidated information of the cartons in the consignment, and mapped at the establishment.

D. Improved Stock Verification and Inspection Process

Physical stock verification of inventory will be done using handheld 2D matrix barcode/1D linear barcode readers. The operator, using the barcode readers, would read the items. The data on the 2D barcode/1D linear barcode of the bottle/carton would be reconciled with the information available in the implemented barcode based electronic supply chain management system. Discrepancies, if any, would be revealed on comparison of this data with the stock figures on the system and the system will carry out any subsequent adjustment actions.

2.12.1. Assumptions

The following are the assumptions for the correct and expected functioning of 2D matrix barcoded hologram and 1D linear barcoded labels based ESCMS implementation for Excise Directorate, GoWB:

• Import consignments from other states and export consignments from West Bengal manufactories are tagged with 2D barcode and 1D linear barcode, as applicable.

• All the required information will be carried in the database with a corresponding key encoded both on the 2D barcode as well as on the 1D linear barcode for use in ESCMS of bottled liquor.

• The implemented system is both scalable to accommodate future expansions, and stable and flexible for improved functionalities.

• The system will have integration capabilities with both licensing and brand registration systems as well as the ability to communicate with SQL Server 2008 database.

• Any new network infrastructure required for 2D barcode/1D linear barcode based system will be made available.

• At the Point of Sale (PoS, Retails), the Handheld Barcode Reader can be arranged with wireless connectivity and/or GPRS connectivity that can update the central data server. The requirement of Handheld Barcode Reader with wireless connectivity is for better maneuverability at PoS.

• Any type of connectivity required at the different establishments for successful operation of the implemented system is outside the scope of the Bidder.

2.13. Deployment Architecture The bidders are expected to come up with the best possible cost effective solution that demonstrates the optimal usage. Bidders have to suggest the technology architecture, solution design along with number of devices, make, features and specifications in the Technical Proposal.

It is to be understood by the bidders that the deployment architecture of the proposed system, furnished below, is for reference only and should not be considered as final and binding.

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The minimum number of system components along with the responsibilities for development, maintenance and support is shown in the table below:

Sr. No.

System Components Development Maintenance & Support

Hardware & OS to Host

Hosting & Support

1 • ESCMS Link in Excise Directorate Portal

• Excise Office Application

Implementation Vendor




2 Printer Application

(Generation of 1D linear

- DO - - DO - - DO - - DO -

SOFTWARE ARCHITECTURE

Organization Setup Manager Order Manager

Dashboard/Reporting Product/Item Manager

Web Based Interface

Data Import/Export Authenticator

Database Management

SMS Gateway

Core System

Server System

Ser

ver

En

viro

nm

ent

HTTP/API/SOAP Service

Connector

Existing Legacy Systems

Desktop Application Mobile Application

Client Applications

Cli

ent

En

viro

nm

ent

Android Win CE Windows iOS Other Interface

License Management

Brand Registration

Import Permit

Transport Pass

Inventory Management

Stock Inventory

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barcode labels)

3 Manufactory Application

(Receipt of holograms, information encoding and dispatching stock)

- DO - - DO - Establishment Establishment

4 Bonded Warehouse Application

(Receipt, storage, sale, taxes and duties of bottled liquor)

- DO - - DO - - DO - - DO -

5 Trade Godown Application

(Receipt. storage and sale of bottled liquor)

- DO - - DO - - DO - - DO -

6 Retail Outlet Application

(Receipt, storage and sale of bottled liquor)

- DO - - DO - - DO - - DO -

7 Excise Inspection Application

(Authenticate and path tracing)

- DO - - DO - Implementation Vendor


8 Consumer Application

(SMS / Mobile Scan)

- DO - - DO - - DO - - DO -

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2.13.1. Proposed Process Flow

2.13.1.1. Hologram Requisition

Figure 2: Proposed Process Flow for Hologram Requisition

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2.13.1.2. IMFL from West Bengal Manufactory to Retail

Figure 3: Proposed Process Flow of IMFL from West Bengal Manufactory to Retail

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2.13.1.3. IMFL from West Bengal Manufactory to CSD Canteen

Figure 4: Proposed Process Flow from IMFL to CSD

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2.13.1.4. Foreign Liquor Imported into West Bengal from Overseas

Figure 5: Proposed Process Flow of Overseas Imported FL to Retail

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2.13.1.5. Country Liquor (CL) or Spirit (CS) from Manufactory to Retail

Figure 6: Proposed Process Flow of CL/CS from Manufactory to Retail

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2.13.2. Activity Descriptions

The detailed description of activities to be done by the different establishments involved in the flow of bottled liquor is mentioned below.

In all these activity descriptions, wherever applicable, the requisition for 2D barcoded holograms will be managed by the bidder through the ESCMS system, while the requisition for Import Permit and Transport Pass will continue to be done through the legacy xPERT system. Moreover the Import Permit and Transport Pass will be generated from the legacy xPERT system with a pre-printed 1D linear barcode. The 1D linear barcoded labels will be affixed on Import Permit and Transport Pass only if they are not available in the generated permits and passes from the xPERT system.

2.13.2.1. Activity Description at IMFL Manufactory The IMFL manufactory representative submits indent to the manufactory Excise Officer for high security holograms with 2D Barcode stickers in the last week of every month. The quantity of holograms indented is based on the assessment of planned production of IMFL for the following month. The indent is submitted through the online system.

1. The Excise Office directs the indent to the manufacturer of the hologram supplier.

2. The hologram-supplier confirms the receipt of demand request and plans dispatch

3. The system should be such that it will generate a Unique ID for each of the hologram to be affixed on the bottles/packages/cans

4. The hologram-supplier shall also print and supply corresponding amount of 1D Linear Barcode labels (Carton Labels and Permit Labels) with Unique IDs.

5. On receipt of the Holograms, the Carton Labels and the Permit Labels, the Excise Officer confirms the receipt on the system

6. At the start of production of a particular batch or batches of a particular brand, the manufacturer places a requisition for a defined number of holograms, and the Carton Labels to the Excise Officer.

7. Once the holograms are supplied to the manufacturers, the manufacturer assigns batch number and the following label-attributes to be stored in the database with against the corresponding key encoded in the barcode for the bottles/can/s packages.

a. Unique ID of Bottle b. Brand Name c. Measure d. Maximum Retail Price e. Whether the liquor is meant for general consumption or for defense supply

8. The barcoded holograms would be affixed on the bottles during processing and packaging and the barcodes would be scanned at the end of the production line to store information in the system

9. The Carton Labels are affixed on the outer surface of the cartons to be sent to the Manufactory Bonded Warehouse. This barcode would contain an encoded key to access all the information regarding the bottles packed in the carton. The manufacturer places a requisition to the Excise Officer to transfer a defined number of cartons of a particular brand or a number of brands, from the said manufactory bonded warehouse

a. Either to the manufacturer’s trade godown on payment of duty b. Or to a standalone bonded warehouse, under bond for payment of duty

10. The requisition for transport pass is then submitted through the xPERT system.

11. In case of a request for transfer to the manufacturer’s trade godown:

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a. On approval by the manufactory officer-in-charge, the existing xPERT system generates a pass

that is mapped with Unique IDs of Cartons transferred authorizing the transfer of the defined number of cartons of the requisitioned brands from the manufactory bond to the manufacturer’s trade godown.

b. Applicable Excise Duty gets automatically debited in the electronic Personal ledge Account maintained in the system

c. The scanning system at the exit point of the manufactory’s bonded warehouse gets activated to identify the cartons that exit the bonded warehouse premises. Any mismatch between what has been authorized in the pass and what actually exits, alerts the manufactory officer/system administrator.

d. The system also captures the Unique IDs of the bottles that are transferred out of the bonded warehouse premises.

e. The system assign a “duty-paid” tag to the barcodes scanned, as well as other information, like the pass number under which the cartons were debonded and the date of debonding. The information is automatically uploaded in the system.

f. All the inventory registers in the bonded warehouse are automatically updated.

g. An Advance Shipment Notice is electronically sent to the Manufactory Trade Supervisor

h. On receipt of the cartons at the Trade godown, the cartons are scanned, and the information is captured in the system

i. The system generates and electronically sends the receipt verification advice to the Excise Office-In-Charge of the manufactory.

j. The inventory registers in the trade godown are automatically updated

12. In case of transfer to a standalone bonded warehouse under bond for payment of duty:

a. On receipt of requisition through the xPERT system from the officer of the standalone bonded warehouse and on receipt of a request from the manufactory supervisor to honor the requisition, and following the approval of the manufactory officer for the same, the xPERT system generates a dispatch advice incorporating the brands and measures that are to be transferred.

b. The manufactory officer instructs the manufactory supervisor to take the defined number of cartons of the requisitioned brands(s) out of the bonded warehouse premises.

c. The scanning system at the exit point at the bonded warehouse gets activated to identify the cartons that exit the manufactory’s bonded warehouse premises. Any mismatch between what has been authorized in the dispatch advice and what actually exits, alerts the manufactory officer/system administrator

d. The system also captures the Unique IDs of the bottles that are transferred out of the bonded warehouse premises

e. The system assigns “duty not paid” tag to the barcodes scanned, as well as the consignee and other information.

f. All the inventory systems in the manufactory’s bonded warehouse are automatically updated

g. The manufactory officer-in-charge enters the truck number in the system, and the xPERT system generates a transport pass containing all the relevant information. The Unique IDs of the Carton Labels are then mapped to the transport pass.

h. The time of generation of the pass is automatically stamped on the pass

i. The system sends an ASN electronically to the consignor

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13. In case of shipment of a consignment of bottled liquor from the manufactory’s adjunct trade warehouse

to a standalone IMFL trade, the following steps are taken:

a. On receipt of a requisition through the xPERT system from the manager of the standalone trade to the manufactory trade supervisor, the latter generates a dispatch advice from the xPERT system, incorporating the brands and measures that are to be transferred

b. The manufactory trade supervisor arranges for the vehicle to be placed for shipment and enters the vehicle number in the system

c. The manufactory trade supervisor identifies the cartons that are to be shipped

d. The cartons that exit the trade godown are scanned, and the system captures all the information - including the name of the consignee trade, the Unique IDs of the bottles, the number of the vehicle and the existing xPERT system generates a pass accordingly. The Unique IDs of the Carton Labels are mapped to the transport pass.

e. The time of generation of the pass is automatically stamped on the pass

f. All the inventory system in the manufactory’s bonded warehouse are automatically updated

g. The system sends an ASN electronically to the consignor

2.13.2.2. Activity Description at CS Bottling Plants

1. The country spirit (CS) bottling plant submits the indent to the officer-in-charge of the plant for hologram labels on a monthly basis, as per its assessment of planned production of bottled liquor. The indent is submitted through the online system implemented by the vendor.

2. The officer-in-charge reviews the indent for correctness, completeness and any discrepancies, and once approved, directs the indent to the excise official, stationed at the hologram manufacturing unit to control the overall procurement for the state.

3. The hologram manufacturing unit confirms the receipt of demand request from the CS Bottling Plant through the excise official and plans for the dispatch. The implemented system should be such that it will generate a Unique ID for hologram labels. to be affixed on the bottles. The hologram labels will have the specific color, as agreed upon by the Directorate of Excise, for CS bottles.

4. The hologram-supplier shall also print and supply corresponding amount of 1D Linear Barcode labels (Carton Labels and Permit Labels) with Unique IDs.

5. The officer-in-charge at the Bottling Plant confirms the receipt of the hologram, the Carton Labels and Permit/Transport Labels spools in the system, once the delivery has been made at the Plant.

6. At the start of production of a particular batch or batches for a specific brand, the production manager at the bottling plant places a requisition for a defined number of hologram labels to the officer-in-charge.

7. Once the generic 2D barcoded hologram labels are supplied to the production manager assigns the batch number and the following label attributes to be stored in the database with against the corresponding key for encoding in the 2D barcode of the bottles/cans:

a. Brand name b. Measurement (in volume) c. Strength d. Date of bottling e. Maximum Retail Price

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8. The barcoded holograms would be affixed on the bottles during production either manually or through

an applicator m/s and the barcodes would be scanned at the end of the production line to store the information in the system.

9. The Carton Labels are affixed on the outer surface of the cartons/cases, which will be moved to the plant storage area. Once the CS bottles are packed inside a carton after scanning each of them, the 1D linear barcode label affixed outside is also scanned. This process would bind all the information regarding the bottles inside the carton to the linear barcode.

10. The production manager in the CS Bottling Plant places a requisition to the officer-in-charge to transfer a defined number of cartons/ cases of a particular brand or multiple brands, from the adjunct bonded warehouse in the plant to either the retail shop or another trade warehouse on payment of duties. The requisition is submitted through the xPERT system.

11. For the transfer of bottled CS to the trade warehouse, the following steps have to be followed:

• The officer-in-charge of CS bottling plant gives approval for the movement of bottled CS out of the manufactory. Based on this, the existing xPERT system generates a transport pass that is mapped with Unique IDs of Cartons transferred, authorizing the transfer of the defined number of cartons/cases of the requisitioned brand from the manufactory premises.

• The system will maintain an electronic Personal Ledger Account where the applicable Excise Duty gets automatically debited upon generation of the transport pass.

• Prior to loading of the cartons in the truck for dispatch, the scanning system at the exit point(s) of the manufactory premises gets activated to identify the cartons that exit the manufactory premises. Any mismatch between what has been authorized in the pass and what actually exits, will send an alert to the officer-in-charge or system administrator.

• The system captures the Unique IDs assigned to the bottles that are transferred out of the manufactory premises.

• The system will assign a "duty-paid" tag to the scanned barcodes, as well as other information, which are automatically uploaded in the system.

• All the inventory registers in the manufactory are automatically updated.

12. For the transfer of bottled CS to a duty-paid CS warehouse, the following steps have to be followed:

• The supervisor of the duty paid CS warehouse sends a requisition to the CS bottling plant through xPERT system. On receipt of this requisition, the plant production manager sends a request to the officer-in-charge to honor the requisition. When the officer-in-charge approves the requisition for dispatch, the xPERT system generates a dispatch advice that includes the brands and quantities to be transported.

• The officer-in-charge instructs the production manager of the CS bottling plant to take the defined number of cartons of the requisitioned brand(s) and size(s) out of the manufactory adjunct bonded warehouse.

• Prior to loading of the cartons in the truck for dispatch, the scanning system at the exit point(s) of the adjunct bonded warehouse gets activated to identify the cartons that exit the manufactory premises. Any mismatch between what has been authorized in the dispatch advice and what actually exits, will send an alert to the officer-in-charge or system administrator automatically.

• The system captures the Unique IDs assigned to the bottles that are transferred out of the manufactory premises.

• All the inventory registers in the manufactory are automatically updated.

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• The officer-in-charge enters the truck number in the existing xPERT system to generate a

transport pass that is mapped with Unique IDs of Cartons transferred, containing all the relevant information of the consignment. The time of generation of the pass is automatically stamped on the pass during print.

• The system will send an Advance Shipment Notice (ASN) electronically to the consignor.

13. For the transfer of bottled CS directly to a CS retail store/outlet, the following steps have to be followed:

• The licensee of the CS retail outlet updates the stock position of the store in the system and then places a requisition in the system for bottled CS inclusive of the quantity, size, strength, and brand to its designated CS bottling plant. On receipt of the requisition from the retail outlet, the officer-in-charge reviews all the details and if found correct, generates a dispatch advice incorporating the brands and measures that are to be transferred. The existing SLA for the turnaround time of the requisition will be maintained in the system.

• The production manager in the manufactory arranges for the vehicle to be placed for shipment and identifies the cartons/cases in the adjunct trade to be shipped. The system verifies that applicable Excise Duty have already been paid by the trade licensee and is reflected in the electronic Personal Ledger Account.

• The cartons that exit the adjunct trade warehouse of the manufactory are scanned and the system captures all the information that includes the licensee name, the Unique IDs on the bottles and the vehicle number.

• The existing xPERT system generates a transport pass where the time of generation of the pass gets automatically stamped.

• All the inventory systems in the adjunct trade of the CS bottling plant are automatically updated.

• The system will send an Advance Shipment Notice (ASN) electronically to the CS retail store licensee.

• The shipped stock is to be scanned at the retail outlet by handheld devices on receipt of the consignment. Then the system will generate a receipt verification notice and send it electronically to the officer-in-charge at the manufactory. The system will update the inventory of CS retail store, if the consignment is found accurate. Any mismatch in this regard must be reported back to the officer-in-charge of the manufactory and/or the system administrator.

2.13.2.3. Activity Description at Brewery

1. The Brewery submits the indent to the officer-in-charge of the plant for 2D barcoded holograms according to the planned production for the next month. This indent is submitted through the online system.

2. The officer-in-charge reviews the indent and, if no corrections are required with respect to completeness and discrepancies, directs the intend to the excise official, stationed at the hologram manufacturing unit to control the overall procurement for the state.

3. The hologram manufacturing unit confirms the receipt of demand request from the Brewery through the excise official and plans for the dispatch.

4. The implemented system should be such that it will generate a Unique ID for each of the hologram to be affixed on the bottles/packages/cans. The hologram labels will have the specific color, as agreed upon by the Directorate of Excise, for Beer bottles.

5. The hologram-supplier shall also print and supply corresponding amount of 1D Linear Barcode labels (Carton Labels) with Unique IDs.

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6. The officer-in-charge at the Brewery confirms the receipt of the hologram, and Carton Labels spools in

the system, once the delivery has been made at the Plant.

7. At the start of production of a particular batch or batches for a specific brand, the production manager at the bottling plant places a requisition for a defined number of hologram labels to the officer-in-charge.

8. Once the generic 2D barcoded hologram labels are supplied to the production manager, he assigns the batch number and the following label attributes stored in the database against the corresponding key in the 2D barcode of the bottles/cans:

a. Brand name b. Measurement (in volume) c. Strength d. Date of bottling e. Maximum Retail Price

9. The barcoded holograms would be affixed on the bottles during production either manually or through an applicator m/c and the barcodes would be scanned at the end of the production line to store the information in the system.

10. The Carton Labels are affixed on the outer surface of the cartons/cases, which will be moved to the plant storage area. Once the Beer bottles are packed inside a carton after scanning each of them, the 1D linear barcode label affixed outside is also scanned. This process would bind all the information regarding the bottles inside the carton to the linear barcode.

11. The production manager in the Brewery places a requisition through xPERT to the officer-in-charge to transfer a defined number of cartons/ cases of a particular brand or multiple brands, from the adjunct bonded warehouse in the plant to either the retail shop or another trade warehouse on payment of duties.

11. For the transfer of bottled Beer to the trade warehouse, the following steps have to be followed:

a. The officer-in-charge of the Brewery gives approval for the movement of bottled Beer out of the manufactory. Based on this, the existing xPERT system generates a transport pass, mapped with Unique IDs of Cartons transferred, authorizing the transfer of the defined number of cartons/cases of the requisitioned brand from the manufactory premises.

b. The system will maintain an electronic Personal Ledger Account where the applicable Excise Duty gets automatically debited upon generation of the transport pass.

c. Prior to loading of the cartons in the truck for dispatch, the scanning system at the exit point(s) of the manufactory premises gets activated to identify the cartons that exit the manufactory premises. Any mismatch between what has been authorized in the pass and what actually exits, will send an alert to the officer-in-charge or system administrator.

d. The system captures the Unique IDs assigned to the bottles that are transferred out of the manufactory premises.

e. The system will assign a "duty-paid" tag to the scanned barcodes, as well as other information, which are automatically uploaded in the system.

f. All the inventory registers in the manufactory are automatically updated.

12. For the transfer of bottled Beer to a duty-paid FL trade warehouse, the following steps have to be followed:

a. The supervisor of the duty paid FL trade warehouse sends a requisition to the Brewery through the xPERT system. On receipt of this requisition, the plant production manager sends a request to the officer-in-charge to honor the requisition. When the officer-in-charge approves

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the requisition for dispatch, the xPERT system generates a dispatch advice that includes the brands and quantities to be transported.

b. The officer-in-charge instructs the production manager of the Brewery to take the defined number of cartons of the requisitioned brand(s) and size(s) out of the manufactory adjunct bonded warehouse.

c. Prior to loading of the cartons in the truck for dispatch, the scanning system at the exit point(s) of the adjunct bonded warehouse gets activated to identify the cartons that exit the manufactory premises. Any mismatch between what has been authorized in the dispatch advice and what actually exits, will send an alert to the officer-in-charge or system administrator automatically.

d. The system captures the Unique IDs assigned to the bottles that are transferred out of the manufactory premises.

e. All the inventory registers in the manufactory are automatically updated.

f. The officer-in-charge enters the truck number in the existing xPERT system to generate a transport pass, mapped with Unique IDs of Cartons transferred, containing all the relevant information of the consignment. The time of generation of the pass is automatically stamped on the pass during print.

g. The system will send an Advance Shipment Notice (ASN) electronically to the consignor.

13. For the transfer of bottled Beer directly to a FL retail outlet, the following steps have to be followed:

a. The licensee of the FL retail outlet updates the stock position of the store in the system and then places a requisition for bottled Beer inclusive of the quantity, size, strength, and brand to its designated Brewery. On receipt of the requisition from the retail outlet, the officer-in-charge reviews all the details and if found correct, generates a dispatch advice through the xPERT, incorporating the brands and measures that are to be transferred. The existing SLA for the turnaround time of the requisition will be maintained in the system.

b. The production manager in the manufactory arranges for the vehicle to be placed for shipment and identifies the cartons/cases in the adjunct trade to be shipped. The system verifies that applicable Excise Duty have already been paid by the trade licensee and is reflected in the electronic Personal Ledger Account.

c. The cartons that exit the adjunct trade warehouse of the manufactory are scanned and the system captures all the information that includes the licensee name, the Unique IDs on the bottles and the vehicle number.

d. The existing xPERT system generates a transport pass, mapped with Unique IDs of Cartons transferred, where the time of generation of the pass gets automatically stamped.

e. All the inventory systems in the adjunct trade of the Brewery are automatically updated.

f. The system will send an Advance Shipment Notice (ASN) electronically to the FL retail store licensee.

g. The shipped stock is to be scanned at the retail outlet by handheld devices on receipt of the consignment. Then the system will generate a receipt verification notice and send it electronically to the officer-in-charge at the manufactory. The system will update the inventory of FL retail store, if the consignment is found accurate. Any mismatch in this regard must be reported back to the officer-in-charge of the manufactory and/or the system administrator.

2.13.2.4. Activity Description at standalone IMFL Bonds 1. When the consignment of IMFL from a bonded warehouse of a state manufactory reaches a standalone

bond, the following activities will be done prior to sending the receipt confirmation to the manufactory:

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a. The excise official at the standalone bond scans the barcode on the transport pass which is

authorizing the shipment of the consignment from the adjunct bond in the manufactory to the standalone bonded warehouse. The date and time of arrival of the consignment are automatically captured in the supply chain system.

b. The excise official instructs the standalone bond supervisor to unload the consignment from the truck and carry the cartons into the bonded warehouse.

c. Each of the cartons is scanned for the 1D linear barcode label at the entry point of the bonded warehouse, and the captured information is electronically matched against the corresponding Advance Shipment Notice as well as the encoding data available in the system. Any mismatch alerts the excise official and the system administrator.

d. All the inventory systems in the standalone bonded warehouse gets automatically updated.

e. The system generates and sends the receipt verification advice to the officer-in-charge of the manufactory from whom the consignment has been shipped.

2. The licensee or its representative for the standalone bonded warehouse places a requisition to the excise official in the bond to transfer a defined number of cartons of a particular brand or a number of brands, from the standalone bond to the adjunct trade godown. The requisition is submitted through the existing xPERT system.

3. On approval by the excise official in the bond, the xPERT system generates a pass to authorize the transfer of the defined number of cartons of the requisitioned brand(s) to the adjunct trade godown.

4. The system will maintain an electronic Personal Ledger Account where the applicable Excise Duty gets automatically debited upon generation of the transport pass.

5. The scanning system at the exit point of the standalone bond gets activated to identify the cartons that exit the bonded warehouse premises. The excise official in the bond and/or the system administrator gets an alert if there is any mismatch between what has been authorized in the transport pass and what actually exits the bonded warehouse.

6. The system captures the Unique IDs assigned to the bottles that are transferred out of the bonded warehouse premises.

7. The system will assign a "duty-paid" tag to the scanned barcodes, as well as other information that includes the pass number under which the cartons are de-bonded and the date of de-bonding. All the assigned information are automatically uploaded in the system.

8. All the inventory registers in the bonded warehouse are automatically updated. An Advance Shipment Notice (ASN) is electronically sent to the supervisor of the adjunct trade.

9. The cartons are scanned on receipt at the trade godown, and the information is captured in the system, which then generates and electronically sends the receipt verification advice to the excise officer in the bond. The inventory registers in the adjunct trade are automatically updated.

10. The following steps are taken in case of a shipment of IMFL consignment from an adjunct trade godown to a standalone trade:

a. The manager of a standalone trade sends a requisition to the supervisor of the adjunct trade, on receipt of which the adjunct trade generates a dispatch advice that includes the brands and measures to be transferred. The requisition is submitted through the existing xPERT system.

b. The supervisor of the consignor trade arranges for a vehicle to be placed for shipment and enters the vehicle number in the system. The cartons to be shipped are then identified by the supervisor.

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c. The cartons that exit the trade godown are scanned. In the process, the system captures all the

information that includes the name of the standalone trade, the Unique IDs on the bottles and the vehicle number. The existing xPERT system then generates a pass with a pre-printed 1D linear barcode, which is them mapped with Unique IDs of Cartons transferred, and has got the time of generation automatically stamped on it.

d. All the inventory systems in the adjunct trade godown are automatically updated and the system sends an Advance Shipment Notice to the consignee (standalone trade).

11. The following steps are taken in case of a shipment of IMFL consignment from a trade godown to an IMFL retail outlet:

a. The licensee of the retail outlet uploads the stock position of the store in the system. Based on that, a requisition is placed to the consignor FL trade, mentioning the quantity, size, brand, and strength. The supervisor of the FL trade generates a dispatch advice based on the receipt and review of the requisition from the licensee of the retail outlet. The advice incorporates the brands and measures that are to be transferred.

b. The supervisor of the FL trade arranges for the vehicle to be used for shipment and enters the vehicle number in the system. The supervisor also identifies the cartons that are to be shipped.

c. The cartons that exit the FL trade godown are scanned, when the system captures all the information that includes the retail licensee name, the Unique IDs of the bottles and the vehicle number. A pass is generated from the existing xPERT system, mapped with Unique IDs of Cartons transferred, with the time of generation automatically stamped on it.

d. All the inventory systems in the FL trade are automatically updated and the system sends an Advance Shipment Notice electronically to the retail licensee.

e. The received consignment at the retail outlet is scanned with handheld devices, when the system generates a receipt verification notice for the supervisor of the FL trade and simultaneously updates the inventory of the retail outlet, if found without any issues. Any mismatch in this regard should be reported to the system administrator as well as the superintendent officer of the district in which the FL trade is located.

2.13.2.5. Activity Description at standalone FL Trades 1. When the consignment of IMFL from an adjunct trade godown of a state manufactory is received by a

standalone trade, the following activities will be done prior to sending the receipt confirmation to the adjunct trade supervisor:

a. The standalone trade supervisor scans the barcode on the transport pass which is authorizing the shipment of the consignment from the consignor adjunct trade in the manufactory to the consignee standalone trade godown. The date and time of arrival of the consignment are automatically captured in the supply chain system.

b. The standalone trade supervisor issues instructions to unload the consignment from the truck and carry the cartons into the trade godown.

c. Each of the cartons is scanned for the 1D linear barcode label at the entry point of the trade godown, and the captured information is electronically matched against the corresponding Advance Shipment Notice as well as the encoding data available in the system. Any mismatch alerts the excise superintendent for the districts, in which the consignor and consignee trades are located, and/or the system administrator.

d. All the inventory systems in the standalone trade gets automatically updated.

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e. The system generates and sends the receipt verification advice to the supervisor of the adjunct

trade from where the consignment has been shipped.

2. When the consignment of IMFL from a standalone trade godown in West Bengal is received by another standalone trade of the state, the following activities will be done prior to sending the receipt confirmation to the standalone trade supervisor:

a. The standalone trade supervisor receives the requisition from the supervisor of another standalone trade. On successful review, the supervisor of the consignor trade generates a dispatch advice incorporating the brands and measures to be transferred. The requisition is submitted through the existing xPERT system.

b. The consignor trade supervisor arranges for the vehicle to be placed for shipment and enters the vehicle number in the system. All the cartons that are to be shipped are identified in the godown.

c. The cartons that exit the trade godown are scanned and the system captures all the information that includes the consignee trade name, the Unique IDs of the bottles and the number of the vehicle to be used for shipment. The existing xPERT system generates a pass, mapped with Unique IDs of Cartons transferred, and with the time of generation automatically stamped on it.

d. All the inventory systems in the consignor and consignee trade godowns are automatically updated. An Advance Shipment Notice (ASN) is electronically sent to the consignee trade supervisor.

3. When the consignment of IMFL from a standalone trade godown of West Bengal is received by a FL retailer, the following activities will be done prior to sending the receipt confirmation to the standalone trade supervisor:

a. The licensee of the retail outlet uploads the stock position of the store in the system. Based on that, a requisition is placed to the consignor FL trade, mentioning the quantity, size, brand, and strength. The supervisor of the FL trade generates a dispatch advice based on the receipt and review of the requisition from the licensee of the retail outlet. The advice incorporates the brands and measures that are to be transferred.

b. The supervisor of the FL trade arranges for the vehicle to be used for shipment and enters the vehicle number in the system. The supervisor also identifies the cartons that are to be shipped.

c. The cartons that exit the FL trade godown are scanned, when the system captures all the information that includes the retail licensee name, the Unique IDs of the bottles and the vehicle number. A pass is generated from the existing xPERT system, mapped with Unique IDs of Cartons transferred, and with the time of generation automatically stamped on it.

d. All the inventory systems in the FL trade are automatically updated and the system sends an Advance Shipment Notice electronically to the retail licensee.

e. The received consignment at the retail outlet is scanned with handheld devices, when the system generates a receipt verification notice for the supervisor of the FL trade and simultaneously updates the inventory of the retail outlet, if found without any issues. Any mismatch in this regard should be reported to the system administrator as well as the excise superintendent of the district in which the FL trade is located.

2.13.2.6. Activity Description for imported bottled liquor to IMFL Trades 1. The supervisor of the IMFL trade godown submits a requisition for importing IMFL using the legacy xPERT

system.

2. Simultaneously, the supervisor of the IMFL trade godown submits a requisition for the requisite number of 2D barcodes and 1D linear barcodes, specifying the following information: a) Brand Name & other Brand Attributes

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b) Measure / Package Size c) Quantity to be imported d) Way Bill number e) Details of payment of Excise Duty and Import Pass Fee

The requisition is sent online to the D.E.C. in charge of the Barcode & Hologram Cell

3. Once the Import Permit is generated by the Collector of Excise of the concerned district. the Collector of Excise or the Superintendent of Excise acting on his behalf – approves the requisition for barcodes and holograms.

The approval is communicated online to the D.E.C. in charge of the Barcode & Hologram Cell.

4. The D.E.C. in charge of the Barcode & Hologram Cell generates the barcodes and Holograms, and also a barcoded Hologram-and-Barcode-linked strip (HBL-Strip) containing details of the Import Permit.

5. The importer sends the barcodes and holograms along with the HBL strip to the exporting manufactory

6. The 2D barcodes-and-holograms and the 1D barcodes are affixed on the bottles and cartons respectively at the dispatching end.

7. The exporter enters the consignment details at the dispatching end, and uploads it onto the system. If the export details matches the import details, a barcoded Export Advice is generated.

8. On receipt of the consignment at the importing end, both the HBL-strip and the Export Advice are scanned and the information is uploaded onto the system. Inventory registers are automatically updated and, in case of discrepancy, the Superintendent of the district is alerted.

2.13.2.7. Activity Description for bottled liquor imported from overseas to Retail Outlets

1. The supervisor of a standalone FL trade godown submits a requisition for FL permit and pass from the Excise Directorate, GoWB for importing FL bottled overseas. The requisition is submitted through the existing xPERT system and has the following information:

a. Brand Name

b. Measure / Size

c. Strength

d. Name of the manufacturer. with country of origin

e. Quantity to be imported

f. Way Bill number, if applicable

g. Details of payment of requisite Import Pass fee

The requisition should clearly mention the brands, number of bottles and sizes that will be brought packed in cartons, and the brands and number of bottles that will be brought without cartons.

2. The requisition is directly sent to the Excise Commissioner's office and is viewable by the superintendent officer of the district in which the importer of FL bottled liquor is located. The requisition can also be viewed by the Addl. / Sr. Joint Commissioner of Excise or Joint Commissioner of Excise - Foreign Liquor.

3. The Addl / Sr. Joint Commissioner of Excise or the Joint Commissioner of Excise - Foreign Liquor checks the requisition and recommends the grant of the permit to the Excise Commissioner, if found correct and complete.

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4. The requisition is then approved by the Excise Commissioner. On approval, the legacy xPERT system

electronically generates a permit pass, which is routed to the superintendent officer of the importing district.

5. The system automatically sends an indent for the requisite quantity of barcoded holograms to the excise officer, located at the hologram manufacturing unit, for supply of the same to the licensee of the consignee FL trade. The number of holograms should match with the number of bottles to be imported. The 1D linear barcoded Labels for the cartons will also be supplied as per the requisition.

6. The superintendent officer of the importing district prints a permit-cum-pass from the xPERT system, pre-printed with a 1D linear barcode, and places it before the Collector of Excise for approval.

7. The Collector of Excise approves the permit-cum-pass. On approval, the superintendent officer enters the date of issue of the pass into the system, and arranges for handing over the permit-cum-pass physically to the supervisor of the standalone FL trade.

8. The excise officer at the hologram manufacturing unit reviews the requisition and then directs the hologram manufacturing unit for the supply of the high security 2D barcoded holograms. The manufacturer supplies the requisite number of holograms of a specific color, as agreed with the Excise Directorate, GoWB to the standalone FL trade. The 2D barcode encodes all information regarding the consignment, including the number, date and time of issue of the permit.

9. The consignment is received by the standalone FL trade. The 2D barcoded holograms are affixed on the liquor bottles and corresponding 1D linear barcode labels are affixed on the cartons in which the bottles are packed by the supervisor of the FL trade.

10. The trade supervisor then scans the bottles and/or cartons individually with a handheld scanner. The inventory system of the FL trade godown will get automatically updated. The excise superintendent of the importing district and/or the system administrator will get automatic alerts if there is any mismatch between what has been authorized for transfer in the permit-cum-import pass, and what has actually been received at the trade godown.

11. The system automatically generates an electronic "Receipt Verification Advice", printable by the excise superintendent officer of the importing district. The superintendent officer prints the Receipt Verification Advice, and arranges it to be sent to the exporter.

12. Any requisition from FL retail outlets for bottled liquor, imported from overseas, is handled as per the following steps:

a. The standalone FL trade supervisor reviews the requisition from the FL retailer for a defined quantity of particular brands of liquor, bottled overseas. The supervisor enters the information into the system based on the requisition meeting all the criteria for correctness and completeness.

b. The bottles and/or cartons of liquor imported from overseas are then scanned at the point of exit from the FL trade godown. The information is captured in a pass meant for the transport of those bottles and/or cartons to the retailer.

c. The inventory systems of the FL trade godown and the FL retailer are automatically updated.

2.13.3. Details of Hardware Requirement & Desirable

Infrastructure Specifications

The bidders are expected to come up with the best possible cost effective solution that demonstrates the optimal usage. Bidders have to suggest the technology architecture, solution design along with number of devices, make, features and specifications in the Technical Proposal.

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2.13.4. Features and Data Flow of the Software The following activities shall be taken up post finalization of the bid and selection of the implementation vendor.

2.13.4.1. Ordering of 2D Barcode High Security Holograms for Bottled Liquor

and 1D Linear Barcode Paper Labels for Cartons and Permits The indents for 2D barcoded holograms and 1D linear barcoded labels are raised by each manufactory or brewery across the state, based on their monthly projection of bottled liquor demand, after necessary approval through the respective officer-in-charge from excise. The excise directorate official, stationed within the premises of high security hologram numbering and barcoding unit, will receive all the approved indents, review and consolidate them, and then submit a requisition for supply of high security holograms with 2D barcode and 1D linear barcode Paper Labels to the manufacturing unit. Any other means of order placement for 2D barcoded holograms and 1D barcoded Paper Labels must not be entertained by the manufacturing unit.

2.13.4.2. Manufacture and Dispatch of 2D Barcode Holograms and 1D Linear

Barcode Paper Labels

• Once the order is accepted by the manufacturing unit, an equivalent number of Unique IDs will be generated to be assigned to each of the barcoded holograms and Paper Labels. These set of Unique IDs are to be maintained on a central server against that particular order, for future reference.

• When the holograms with 2D barcode and Paper Labels with 1D Barcode have been manufactured as per the order placed and agreed upon timeline, the same will be communicated to the excise directorate official stationed at the Numbering and Barcoding unit. Then under the supervision and oversight of the excise official, the holograms and Paper Labels will be dispatched to the individual manufactories as per the approved requisitions submitted by each of them.

• With the above supply, the central server starts maintaining the information of each and every hologram with Unique IDs along with the dispatch details to the manufactories. The dispatch details are:

a. Name of the Manufactory b. 'From' and 'To' for the number of holograms with 2D barcode c. Packing Size d. Date and Time of Dispatch

2.13.4.3. Receipt and Storage of Holograms and Paper Labels by

Manufactories

• On receipt of 2D barcoded holograms and 1D barcoded Paper Labels at the manufactory from the hologram manufacturing unit, the high security hologram and paper label packages will be individually scanned to update the stock at each manufactory.

• The barcoded holograms and paper labels will be kept under the supervision of excise officer-in-charge in the manufactory.

• The successful bidder should be able to supply the 2D barcode high security holograms and 1D linear barcode paper labels to any manufactory/brewery in other states of India for affixing of the same on liquor bottles and cartons, which will be exported to West Bengal. The standalone bonded warehouses or trade godowns, which import IMFL from other states for sale in West Bengal, will work with those manufactories or breweries in getting the required permission/clearances to rollout the process.

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2.13.4.4. Application of Holograms and Linear Barcode Labels at the

Manufactories

• In the Manufactory, the production manager will raise the indent for the release of barcoded holograms from the available stock on permission from the Excise Officer-In-Charge.

• Based on the number and type of production lines being utilized for liquor bottling at the manufactory, the applicator m/c are arranged along with automatic scanning system or manual handheld scanners. These scanners are connected to the computer running the barcode based electronic supply chain management system in order to capture and transmit data/information etc.

• Prior to start of a particular production line, the generic 2D barcoded holograms are loaded on to the applicator m/c while the corresponding batch information details are captured in the system terminal in order to bind the 2D barcoded holograms at the end of the production line.

• The applicator m/c applies the holograms on the cap of the bottles extending to a part of the neck such that the 2D barcode is facing the top of the cap. At the end of the line an automatic scanner will scan the bottles with 2D barcode, either individually or in batches in order to bind the batch specific information entered in the system to the individual bottles.

• The Carton Label is then affixed on the carton manually.

• The Carton Label on the cartons will be scanned and all data including the individual bottle Unique IDs will be uploaded into the system. The stock position will be updated and the cartons are then moved to the bonded warehouse.

• At the time of loading the individual cartons for dispatch, the Carton Label on the individual cartons will be scanned and mapped to 1D linear barcode, pre-printed on the transport pass. Finally the 1D linear barcode on the transport pass will be scanned in order to bind its information with the bottled liquors in the consignment. The stock position in the manufactory and in transit will be updated.

• The system will generate reports on the dispatch of liquor cases/cartons from the adjunct bond to the standalone bond or trade and include all data regarding stock position of holograms, bond coverage or duty payment.

• The system will send Advance Shipment Notice to the destination place automatically. The excise officer at the manufactory must verify that all the information is fed into the system automatically, including the truck exit time. This, in turn, fixes the latest arrival time of a truck in a particular route, given its dispatch time. An alert will be generated by the system in case of any exception.

2.13.4.5. Receipt, Storage and Dispatch of Bottled Liquor at Bonds/Trades • The truck containing the shipment of bottled liquor from a manufactory warehouse will report at the

standalone bonded warehouse or standalone trade godown. The dispatch slip will be scanned only to record that the quantities dispatched from the manufactory has been received correctly at the bonds/trades.

• The warehouse supervisor verifies all the documents given by the driver and cross-confirms with the ASN (Advance Shipment Notice) sent automatically by the system at the time when the truck left the manufactory. The truck receipt time is recorded in the system and compared with prefixed time, whereby any delay is reported for taking appropriate action.

• The truck driver should provide the 1D linear barcode pre-printed Transport Pass to the warehouse supervisor to start the receiving activity of cartons. The barcode attached to the pass is scanned to load all the details of the transport pass into the system.

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• The Carton Label tagged cartons will be unloaded and scanned by handheld 2D barcode/1D linear barcode

scanner to confirm the cases being received at the warehouse. As soon as the carton gets scanned, the details are verified and reconciled automatically by the system. The carton details will now be available in the system.

• In case of discrepancy, the carton should be removed and kept in a separate location for reporting to the manufactory or adjunct bond and claims will be made, if allowed.

• The 2D barcode/1D linear barcode scanner will automatically receive the cartons, update the count of accepted cartons and accordingly update the stock in the warehouse.

• System will cancel the transport pass automatically after complete receipt of the shipment and notify the excise official at the warehouse for verification. Now the total stocks will be lying in the warehouse with the data ready and available in the server.

• The transport pass being carried by the transporter will be cancelled automatically if the permissible time period is lapsed or after the first time usage. Such passes, if read by scanners, would throw an alarm showing the status as cancelled.

2.13.4.6. Sales at the Retail Outlets • The sales at the retail outlets will be carried out by scanning the 2D barcode on the hologram label at the

top of the bottle cap. This will complete the process of capturing the full end-to-end information of bottled liquor flow, right from manufactory to retail shop sales and the data becomes available to the Excise Directorate, GoWB.

• This enables the Excise Directorate, GoWB to access and view the sales and stock position of bottled liquor across the state, divided and categorized by warehouses, area/zone, outlets etc.

• In the retail outlet, the licensee or its authorized representative has to just scan the 2D barcode during a sale and generate the cash-memo accordingly, while the handheld scanner remains connected to the main central server continuously.

• The data center manages the bottle information at all the stages and maintains the information of each bottle that is helpful for the system to track the movement of liquor sales in the state.

• The retail outlet owner or licensee can examine the bottles for any breakages and corresponding loss of liquor, post receipt of any shipment. In any such occurrence, the retail owner can scan the 2D barcode and the system should allow for the replacement and update the account.

2.13.4.7. Reporting Requirements The system will generate ‘Reports’ on the dispatch and/or inventory of bottled liquor and cartons at each of the following establishments as well as in transit. For each establishment, the reports should be at the level of each liquor type and bottle quantity and must be made available on a daily, weekly and monthly basis. Moreover the reports should be mapped according to the issued license in order to control their access.

• Manufactory

• Brewery

• Adjunct Bond

• Standalone Bond

• Adjunct Trade

• Standalone Trade

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• CSD Bond

• CSD Trade

• Custom Bonded Warehouse

• Retail Outlets

• CSD Canteens

However there are additional reporting needs at the Excise Directorate, GoWB. This is to ensure that the Directorate is able to view the movement of bottled liquor as well as inventory of high security holograms throughout the state and the generated revenue. In this context, the reporting function of the system must also accommodate the following only for Excise Directorate, GoWB:

• The tracking of duty-paid bottled liquor movement from bonds (adjunct or standalone) at the individual liquor type vs quantity level

• Ability to calculate the total amount of revenue generated from duties collection against the expected revenue generation based on state-manufactured or imported bottled liquor

• MIS reports which should be as per the statutory requirement of Excise Department

• Reports that are consistent with the statutory registers, forms, reports and ledgers maintained at various establishments licensed by the Excise Department, and at Excise offices

• Consolidated as well as breakdown view of the bottled liquor inventory across the state

• Consolidated as well as breakdown view of stocks and any demand-supply gap for high security 2D barcode holograms across the state

Finally the users of the system must be able to both print and save (in .doc and .pdf format) any of the generated reports at the establishments and Excise Directorate, GoWB. 2.13.4.8. Access to Available Data The Excise Directorate, GoWB and their field and district officials will need to access the available data in the system database as well as the central Data Server to understand the stock of each bottle type at the manufactory/bonds/trades/retail outlets, monitor the sale of bottled liquor to the consumers and have complete control over the movement of stocks.

The excise officials in the field will also need access to the data in the server for verifying the authenticity and status of applicable duties and taxes on the fly for bottled liquors in a shipment. This will typically be done by scanning the 2D barcodes using handheld scanners or appropriate mobile devices.

In a similar way the consumers will require access to available data in the server with a number of devices as mentioned below:

• Verify authenticity of the bottle being bought from a retail outlet by simply sending the Barcode ID in a SMS to the SMS gateway. The reply on bottle information will be given by the remote software application within a second.

• Verify the authenticity of the bottle by using the mobile phone camera, with an appropriate application installed, on the 2D barcode on the bottle cap. The barcode information gets scanned and is being sent by the instrument through GPRS/GPS to the main server and a reply carrying the details is sent to the user within seconds. The enforcement officials and retailers can also avail this facility.

• Login to the website and verify the authenticity of the bottle being purchased by entering the barcode ID from Excise Directorate, GoWB. Results will be displayed and the same can be verified on the bottle.

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2.13.5. Requirement for Training The successful bidder, referred to as the "Project Company", shall also be responsible to train identified employees of the Excise Directorate, GoWB with regard to the services being provided by the "Project Company" as and when required by Excise Directorate, GoWB during the Term. The parameters of the training required for these employees shall be communicated by Excise Directorate, GoWB to the "Project Company" periodically and shall be in accordance with the latest procedures and processes available in the relevant areas of work.

In addition to this, after successful implementation of the system, the "Project Company" would be responsible for training an estimated 150 employees of Excise Directorate, GoWB over a period of ten working days in batches. Operating instructions, best practices and other documentation relevant to the users must also be provided by the “Project Company”.

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2.13.6. Implementation Schedule

All materials are to be delivered and installed within twenty four (24) weeks from the date of “Award of Contract” notification issued by the Excise Directorate, GoWB to the selected "Project Company".

Phase - 1

The first phase of the project will include the IMFL and CS manufactories in West Bengal, the bonded warehouses and the trade godowns till the consignments are dispatched to be delivered to the retail outlets. The foreign liquor imports from overseas will also be included in the scope of Phase 1, in which case, the 2D barcoded holograms will be affixed on the individual imported bottles by the importer after they are received at the trade godowns from the custom bonded warehouses.

The receipt of consignments at the retail outlets and PoS will not be a part of this first phase of implementation.

The milestones of Phase 1 are as follows:

S. No. Milestone Completion Time

1 Setting up of unit for manufacturing, printing, marking/ numbering and supply of 2D Barcode High Security Holograms along with barcode-based Electronic Supply Chain Management System for liquor Sales in West Bengal.

S = T + 24 Weeks

2 Operation & Management for manufacturing, printing, marking/ numbering & supply of 2D Barcode High Security Holograms along with barcode-based Electronic Supply Chain Management System for liquor Sales in West Bengal.

3 Installation of Machinery, implementation and deployment of required system components (hardware and software) at Manufactories, Bonds, Trades and offices of Excise Directorate, GoWB and full scale run of a stable system, integrated with the existing xPERT system.

4 Implementation of the SMS communication channel for the retailers to be used for confirmation of confirmation receipt from the trades.

S + 12 Weeks

T, as referred above, is the date of the “Award of Contract” notification issued by the Excise Directorate, GoWB to the selected "Project Company".

In the first phase the successful bidder would execute and operate the ESCMS till the trade godowns for state produced IMFL and CS, bottled liquor exported to other states, and bottled liquor imported from overseas and other states.

Phase 1 will run for the entire duration of the BOOT period till the point when Phase 2 has started.

Phase - 2

In the second phase of the project, the receipt of bottled liquor consignments and their sale at the retail outlets would be included to ensure complete end-to-end supply chain management solution. All the FL and Country Liquor retail outlets in the state will be taken up as part of this rollout and there will not be any phase wise approach across the PoS.

Phase 2 will start from the beginning of fourth year of the BOOT period and run for the remaining duration of the BOOT period, subject to a checkpoint review of the current state and feasibility of retail outlets inclusion, and subsequent approval provided by the Excise Directorate, GoWB.

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2.13.6.1. Penalty for Delay For each week of delay in achieving the milestones, laid out for Phase 1 above, the Excise Directorate shall levy a penalty of 1% of PBG for each week delay subject to maximum 10% of the PBG amount. If the Go-Live is delayed beyond two months, or any particular milestone is delayed beyond one month, then Directorate may terminate the contract and also reserves the right to invoke the entire performance bank guarantee.

2.13.6.2. Penalty for not meeting the integration requirement Subsequent to the award of the contract, if the successful bidder is not able to implement and demonstrate the real-time integration with the existing xPERT system within the stipulated period of implementation schedule, then the PBG amount of the bidder will be forfeited by the Excise Directorate and the contract award may be cancelled.

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3. Overview of Selection Process The bidders who are desirous of participating in the tender shall submit their Technical bids, in the standard format prescribed in the Tender document.

Proposals must be direct, concise, and complete. All information not directly relevant to this RFP should be omitted. The Excise Directorate will evaluate bidder’s proposal based on its clarity and the directness of its response to the requirements of the project as outlined in this RFP.

Proposal submitted by the bidder shall comprise of the following:

1. Bid form & Proposal covering letter (bid form and covering letter is set forth in the Appendix section, Exhibit 1 & 2 of this RFP)

2. Technical proposal (technical proposal format is set forth in the Appendix section, Exhibit 4 of this RFP)

3. An undertaking that the bidder will implement and demonstrate the real-time integration of the proposed system with the existing xPERT system during the stipulated period (mentioned in the implementation schedule), failing which the PBG amount will be forfeited by the Excise Directorate and the contract award may be cancelled. However, this will be in effect only to the successful bidder who is awarded the contract.

4. Pilot Approach & Methodology

5. A draft milestone-based Project Plan for the proposed engagement

6. Any other information that is required to be submitted in the proposal process

The Bids received would be subject to a responsiveness check followed by a step-wise evaluation procedure as described below.

On successful evaluation of the technical proposal, the shortlisted bidders will be issued a Letter Of Intent (LOI) by Webel Technology Limited for carrying out the Pilot of the proposed solution across the identified set of manufactory, bond, trade and retail combination.

On successful completion and evaluation of the Pilot, the shortlisted bidders will be invited to submit the Financial proposal.

3.1. Bid Responsiveness The Bids submitted by Bidders shall be initially scrutinized to establish "Responsiveness". A proposal may be construed as a non-conforming proposal and ineligible for consideration, if it does not satisfy the following conditions:

1. It is not received within the time and date specified.

2. It does not include sufficient information for evaluation and/or is not in the formats specified or incomplete in any respect.

3. It is not signed and / or sealed in the manner and to the extent indicated in Section 4.3.4 of this RFP.

4. It is not accompanied by the requisite Fees and Bid Security as specified in Section 4.7 of this RFP.

5. Each page is not signed by the Authorized Signatory.

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3.2. Disqualification The proposal is liable to be disqualified in the following cases or in case bidder fails to meet the bidding requirements as indicated in this RFP:

1. Proposal not submitted in accordance with the procedure and formats prescribed in this document or treated as non-responsive proposal.

2. During validity of the proposal, or its extended period, if any, the bidder increases his quoted prices.

3. The bidder qualifies the proposal with his own conditions.

4. Proposal is not accompanied by all the requisite documents.

5. The bidder provides quotation only for a part of the project.

6. Information submitted in technical proposal is found to be misrepresented, incorrect or false, accidentally, unwittingly or otherwise, at any time during the RFP and vendor selection process (no matter at what stage) or during the tenure of the contract including the extension period, if any.

7. Bidder tries to influence the proposal evaluation process by unlawful/corrupt/fraudulent means at any point of time during the bid process.

8. Bidder fails to deposit the Performance Bank Guarantee (PBG) or fails to enter into a contract within 15 working days of the date of notice of award of contract or within such extended period, as may be specified by the Excise Directorate, GoWB.

9. While evaluating the proposals, if it comes to the Excise Directorate’s knowledge, expressly or implied, that some bidders may have colluded in any manner whatsoever or otherwise joined to form an alliance resulting in delaying the processing of proposal, then the bidders so involved are liable to be disqualified for this contract as well as for a further period of three years from participation in any of the tenders floated by the Excise Directorate, GoWB.

3.3. Evaluation of Technical Proposal The technical proposal should address all the areas/ sections as specified in the Technical Evaluation Criteria (detailed in Section 5) and contain a detailed description of how the bidder will provide the required services outlined in this RFP.

The Technical Proposal should articulate in detail, as to how the bidder’s Technical Solution meets the requirements specified in the RFP. The technical proposal must not contain any pricing information. In submitting additional information, please mark it as "supplementary" to the required response. If the bidder wishes to propose additional services (or enhanced levels of services) beyond scope of this RFP, proposal must include a description of such services as a separate and distinct attachment to the proposal.

Evaluation of Technical Proposal would be on Pass-Fail basis. The Excise Directorate, GoWB will return the Bid Security at the end of bidding process to the bidders, whose Technical Proposal is not found acceptable or not pre-qualified.

3.4. Evaluation of Pilot The evaluation criteria for the "Pilot" and the on-site demonstration of "Concept & Methodology" to be carried out by the short-listed bidders of Technical Evaluation are detailed in Section 6 of this Document. Evaluation of “Pilot” would be on “Pass-Fail” basis. At the end of the bidding process, the Excise Directorate, GoWB will return the Bid Security to the bidders, whose Pilot is not found acceptable or not qualified.

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3.5. Evaluation of Financial Proposal The evaluation criteria for assessment of the Financial Proposals are described in Section 7. The Financial Proposal from the bidders shall be evaluated as detailed in Section 7 of this document. A ranked list of bidders based on the results of the evaluation would be prepared for selection of the "Project Company".

Out of the aforesaid revenue, the Excise Directorate, GoWB is entitled to collect 2% and WTL is entitled to collect 1% of the supplier sales value as revenue share, which should be taken into consideration while preparing the financial offer. The applicable taxes on this shared revenue will be borne by the manufactories/ breweries.

The procedure of collection of revenue share will be intimated to the successful bidder, after selection of the final bid.

3.6. Milestones

No. Milestone Tentative Schedule

1 RFP document made available to the Bidders at the relevant websites 20.01.2014

2 Last date for receipt of any queries, clarifications or any discrepancy in RFP Document, if any, to be addressed.

27.01.2014

3 Pre-bid meeting at conference hall of:

WEBEL TECHNOLOGY LIMITED (A Govt. of West Bengal Undertaking) Plot - 5, Block – BP, Sector – V, Salt Lake City, Kolkata – 700091.

31.01.2014 at 2:00 PM

4 Communication of Pre-bid responses to the Bidders 07.02.2014

5 Time and date for Receipt of Technical Bid 10.02.2014 at 2:00 PM

6 Opening of Technical Offer 10.02.2014 at 4:00 PM

7 Evaluation of Technical Proposal & short-listing of Technically Qualified Bidders

17.02.2014

8 Issue of LOI to shortlisted technically qualified bidders 18.02.2014

9 Allotment of manufactory/brewery, bonded warehouse, trade godowns & retail outlet for Pilot

24.02.2014

10 Last Date for setup and configuration for Pilot 20.03.2014

11 Last Date for demonstration of Pilot 31.03.2014

12 Last Date for Evaluation of Pilot & short-listing of Qualified Bidders of Pilot

04.04.2014

13 Time and date for Receipt of Financial Bid 09.04.2014 at 2:00 PM

14 Opening of Financial Bid 11.04.2014 at 4:00 PM

15 Evaluation of Financial Proposal & Selection of Bidder 18.04.2014

16 Issue of Letter of Award 25.04.2014 Notice regarding the date of opening of Financial Proposal shall be duly intimated to all the bidders passed in evaluation of Technical Proposal and Pilot.

In order to enable the Excise Directorate, GoWB meet the target dates, bidders are requested to respond expeditiously to clarifications, if any, requested during the evaluation process. The Excise Directorate, GoWB will adhere to the above schedule to the extent possible, and at the same time, reserves the right to modify the same. Intimation to this effect will be given to all bidders.

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3.7. Award of Contract The Letter of Award would be issued to the successful bidder. The successful bidder would have to enter into an agreement within 15 days from the Letter of Award. In case, the successful bidder fails to do so then the next ranking bidder would be asked to match the successful bidder’s offer and sign the agreement within 10 days. This process would be repeated with the three top ranked bidders. In case none of the shortlisted bidders are able to sign the agreement, as mentioned above, then Excise Directorate, GoWB reserves the right to give more time to the shortlisted bidders, reject their bids, negotiate with bidders or invite fresh bids.

3.7.1. Post Qualification

The bidder’s financial, technical, design, integration, customization, production, management and support capabilities will be evaluated based on an examination of the documentary evidence of the bidder’s qualification, as well as other information WTL deems necessary and appropriate. This determination may include visits or interviews with the bidder’s client reference in its bid, site inspection, and any other measures.

3.7.2. Contract Execution

On receipt of the Letter of Award the successful Bidder will be required to submit a Performance Bank Guarantee (PBG) in the form of a Bank Guarantee for an amount equal to 10% of the estimated annual value of work order/project cost within two weeks from the date of receipt of Letter of Award/Order (detailed in section 4.7.5). The PBG should be valid for six month more than the warranty period. The successful bidder has to ensure all activities leading to the commissioning of the contract to be completed within the stipulated time from the date of award.

3.7.3. Payment Terms

The manufactory/brewery (bottler) shall make a request for procurement of the 2D barcode High Security Hologram and 1D linear barcode labels to Officer-in-Charge (Holograms) appointed by the Excise Directorate, GoWB, at the numbering and barcoding unit of the hologram manufacturer. In case of bottled liquors imported from other states, the concerned bonded warehouses or trade godowns in West Bengal will send the requisition of the hologram and labels, on behalf of the manufactories. The payment will take place in the following way:

The manufactory or brewery licensee/owner will submit a single Demand Draft/Pay Order/RTGS advice copy, for 100% of the total value plus VAT, in advance, in favor of the successful bidder, for the cost of the hologram and labels, as per the requisition sent.

Out of the aforesaid revenue, the Excise Directorate, GoWB is entitled to collect 2% and WTL is entitled to collect 1% of Project Cost as revenue share, from the successful bidder. The applicable taxes on this shared revenue will be borne by the manufactories/ breweries.

The “Revenue Share” payment will have to be made on a monthly basis, as per the book of accounting for the successful bidder, failing which a 1% penalty per month will be charged extra.

The details pertaining to this payment and the transfer modalities would be finalized at the time of signing the contract with the successful bidder.

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4. Procedures

4.1. Pre Bid Meeting A Pre Bid Meeting will be held on 31.01.2014 at 14:00 hrs at premises of WTL. The bidders can send their queries as per format enclosed (pre-bid queries format is set forth in the Appendix section, Exhibit 8 of this RFP) to Mr. P. S. Mitra, Purchase Manager, WTL. Only the queries received within the stipulated date/time prior to the Pre Bid Meeting will be answered. The entrance to the Pre Bid Meeting will be limited to two (2) persons per bidder and carrying valid authorization letter on official letter head bearing company seal.

During the pre-bid meeting(s), the bidders will be able to interact with the NIC officials for an understanding of the current setup and requirements for handshake between the proposed and xPERT system.

All communication pertaining to the above that require to be addressed in this meeting, should reach Webel Technology Limited, latest by the date mentioned in Section 3.6. Queries received after the above due date will not be addressed and shouldn’t be contingent. If there is no communication of clarification, the meeting may be terminated.

In respect of clarifications, WTL will aggregate all clarifications and shall prepare a response, and communicate to all parties, who have procured the RFP Document, within 3 days after the pre-bid meeting.

The bidders are advised that their Bids be completely devoid of any conditions, whatsoever. Condition, if any, may be addressed in writing before due date. In respect of conditions received, the following shall apply:

1. WTL reserves the right not to consider any condition, which, in the sole discretion of WTL, is found unacceptable.

2. If in WTL opinion, certain conditions are acceptable, in whole or in part, the same shall be finalized by WTL, and the “Common Accepted Conditions” will be made available to all Bidders.

3. In respect of suggestions/alterations proposed in the concept design details or other aspects of the Manufacture and Supply of "High Security Holograms with Barcode based Electronic Supply Chain Management System of Bottled Liquor" in West Bengal, the Excise Directorate will consider them and the result will be circulated to all the bidders.

4. In case, any conditions accepted by WTL have material impact on the proposal, the Financial Proposals will be annulled and fresh Financial Proposals will be invited.

4.2. Enquiries and Clarifications Enquiries, if any, shall be addressed to: WEBEL TECHNOLOGY LIMITED (A Govt. of West Bengal Undertaking) Plot - 5, Block – BP, Sector – V, Salt Lake City, Kolkata – 700091. WTL, on behalf of the Excise Directorate, GoWB, will address all clarifications that are received on or before the date mentioned in Section 3.6 in writing. WTL shall aggregate and consider all such clarifications, without specifying the source of clarifications. Only in case of clarifications and suggestions that are considered positively requiring modifications to RFP, a response will be communicated to all the bidders. No communication or reply will be sent to the concerned or all Bidders in case of repetition of clarifications, it may be noted that queries in writing would be entertained only from those parties who have been provided with this Document.

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Notes:

1. The Authorized Representatives of the Bidders should carry an Authorization Letter to attend Pre-bid

Meeting signed by the Authorized Signatory of the Company with Company Seal, without which nobody will be permitted to participate in the Pre-bid Meeting. Maximum of two (2) Authorized Representative, holding the valid Authorization Letter from each Bidding Entity shall be permitted to participate in the Pre-bid Meeting.

2. The Authorized Representatives of the Bidders should carry a copy of the queries sent to WTL and a copy of the RFP Document, either downloaded from the Website or purchased from WTL office along with a copy of the Acknowledgement Format sent to WTL.

4.3. Submission of the Bid Proposal submitted by the bidder shall comprise the following:

1. Bid form & Proposal covering letter (bid form and covering letter is set forth in the Appendix section, Exhibit 1 & 2 of this RFP)

2. Technical proposal (technical proposal format is set forth in the Appendix section, Exhibit 4 of this RFP)

3. An undertaking that the bidder will implement and demonstrate the real-time integration of the proposed system with the existing xPERT system during the stipulated period (mentioned in the implementation schedule), failing which the PBG amount will be forfeited by the Excise Directorate and the contract award may be cancelled. However, this will be in effect only to the successful bidder who is awarded the contract.

4. Pilot Approach & Methodology

5. A draft milestone-based Project Plan for the proposed engagement

6. Any other information that is required to be submitted in the proposal process

The Bids received would be subject to a responsiveness check followed by a step-wise evaluation procedure.

On successful evaluation of the technical proposal, the shortlisted bidders will be issued a Letter Of Intent (LOI) by Webel Technology Limited for carrying out the Pilot of the proposed solution across the identified set of manufactory, bond, trade and retail combination.

On successful completion and evaluation of the Pilot, the shortlisted bidders will be invited to submit the Financial proposal (Financial proposal format is set forth in the Appendix section, Exhibit 5 of this RFP)

4.3.1. Technical Proposal

The Information to be submitted by the Bidders in the Technical Proposal is described in the Appendix section, Exhibit 4 of this RFP. The Bidder shall place one (1) original + two (2) copies of the Technical Proposal in a sealed envelope, which shall be inscribed as under: Technical Bid for "High Security Holograms with Barcode based Electronic Supply Chain Management of Bottled Liquor" for bottled liquor in West Bengal.

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Cover-1 - Technical Proposal

Submitted by: __________________________. (Name of Bidder)

4.3.2. Pilot

The Bidder shall place one (1) original + two (2) copies of the “Pilot Approach & Methodology” in a sealed envelope, which shall be inscribed as under: Pilot for "High Security Holograms with Barcode based Electronic Supply Chain Management of Bottled Liquor" for bottled liquor in West Bengal.

Cover-2 - “Pilot Approach & Methodology”

Submitted by: __________________________. (Name of Bidder)

4.3.3. Bid Submission

The two (2) Covers of the Bid organized as above, shall be placed in a sealed outer envelope with the following inscription: Bid for "High Security Holograms with Barcode based Electronic Supply Chain Management of Bottled Liquor" for bottled liquor in West Bengal.

Name of the Bidder: ____________________________

4.3.4. Financial Proposal

The shortlisted bidders who qualify in the Pilot phase (post evaluation) will be requested to submit their Financial Proposals. The Information to be submitted by those Bidders in the Financial Proposal is described in the Appendix section, Exhibit 5 of this RFP. The Bidder shall place one (1) original + two (2) copies of the Financial Proposal in a sealed envelope, which shall be inscribed as under: Financial Bid for "High Security Holograms with Barcode based Electronic Supply Chain Management of Bottled Liquor" for bottled liquor in West Bengal.

Cover for Financial Proposal

Submitted by: ___________________________. (Name of Bidder)

All the covers should be addressed to: WEBEL TECHNOLOGY LIMITED

(A Govt. of West Bengal Undertaking) Plot - 5, Block – BP, Sector – V, Salt Lake City, Kolkata – 700091.

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The Bidder can submit the Bid by registered post/ courier or submit the Bid in person, so as to reach the designated address by the time and date stipulated in Section-3.6. WTL shall not be responsible for any delay in submission of the Bids. Any Bid received by WTL after the deadline for submission of the bids stipulated in Section-3.6 shall not be opened.

4.4. General Terms and Conditions 1. Each page of the Bid should have the initials of the Authorized Representative and Signatory of the

Bidding Entity, otherwise the bid will be treated as non-responsive.

2. Bidders are requested to carefully study all the Bid documents and Bid conditions before quoting their rates. Alterations to the Bid will not be allowed after Bid opening.

3. Every Bid must be strictly in accordance with the terms and conditions and specifications as laid down in this RFP. Bids that are incomplete in any respect or those that are not consistent with the requirements as specified in this RFP or those that do not contain the Covering Letter and Letter of Acceptance by the Bidding Entity with the name and designation of the authorized person signing it on behalf of such entity with company seal affixed thereon, both the said letters on their respective companies letterhead papers.

4. All entries in the Bid must be written with permanent ink or typewritten and there should be no erasures or overwriting. Corrections, if any, should be attested under the full signature of the Bidder.

5. Strict adherence to formats, wherever specified, is required. Non-adherence to formats may be a ground for declaring the Bid non-responsive.

6. For a Project Company, the Prime Bidder must be the manufacturer and supplier of high security holograms. However the Bid submitted by the Project Company should contain signed letter submitted by each of the Company Members, stating that the entire Bid has been examined and each key element of the Bid is agreed to.

7. In case a Bidding Entity is selected as the successful bidder, the Lead Member of Bidding Entity shall be responsible to Excise Directorate, GoWB for the fulfillment of all contractual obligations binding on the Bidder against this RFP.

8. All communications and information should be provided in writing and in English language only. The Bids prepared by Bidders, corresponding documents and any literature relating to the Bid exchanged by Bidder and WTL shall be in English Language only.

9. All communication and information provided should be legible including copies of any documents, and wherever the information is given in figures, the same should be mentioned in words too. In case of conflict between amounts stated in figures and words, the amount stated in words will be taken as correct and final.

10. No change in the Bid or supplementary information to a Bid shall be accepted once the bid is submitted. However WTL, on behalf of the Excise Directorate, GoWB reserves the right to seek additional information from the bidders, if found necessary during the course of evaluation of the Bid. In case of non-submission, incomplete submission or delayed submission of such additional information or clarifications sought by WTL, the corresponding Bid would be evaluated solely based on the available information. WTL, on behalf of the Excise Directorate, GoWB reserves the right to make enquiries directly or through other sources as to the authenticity and the reliability of the contents of RFP and the documents attached to the RFP.

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11. The Bids shall be evaluated as per the criteria specified in this RFP Document. However, within the

broad framework of the evaluation parameters as stated in the RFP, WTL reserves the right to make modifications to the stated evaluation criteria, which would be applicable to all the Bidders.

12. The Bidder should designate one person ("Contact Person" and "Authorized Representative and Signatory") authorized to represent the Bidder in its dealings with WTL and Excise Directorate, GoWB. The "Contact Person" and Authorized Representative and Signatory shall sign the Acknowledgement Receipt of the RFP Document. This designated person should hold the Power of Attorney and should be authorized by the Bidder to perform all tasks including but not limited to providing information, responding to enquiries, entering into contractual commitments etc. The Covering Letter submitted by the Bidder shall be signed by the Authorized Signatory and shall bear the stamp of the entity thereof.

13. The Bid (and any additional information requested subsequently) shall also bear the initials of the Authorized Signatory and stamp of the entity thereof on each page of the Bid.

14. WTL, on behalf of the Excise Directorate, GoWB reserves the right to vet and verify any or all information submitted by the Bidder.

15. If any claim made or information provided by the Bidder in the Bid or any information provided by the Bidder in response to any subsequent query by WTL is found to be incorrect or is a material misrepresentation of facts, then the Bid will be liable for rejection. Mere clerical errors or bona-fide mistakes may be treated as an exception at the sole discretion of the Excise Directorate, GoWB and if the Directorate is adequately satisfied.

16. The Project Company shall submit the detailed Plan of Action / Inception Report for Manufacture & Supply Plan for High Security Holograms along with Barcode based Electronic Supply Chain Management System of Bottled Liquor in West Bengal within 15 days from the date of LOA to the Excise Directorate, GoWB for approval.

17. The Bidder shall be responsible for all the costs associated with the preparation of the Bid. WTL or Excise Directorate, GoWB shall not be responsible in any way for such costs, regardless of the conduct or outcome of this process.

18. No interest will be paid on the Bid Securities/Bank Guarantees.

19. Failure to comply with one or more conditions will disqualify the Bidder to participate in the Bid.

4.5. Integrity Pact The bidder has to sign an Integrity Pact with the Excise Directorate, GoWB (integrity pact format is set forth in the Appendix section, Exhibit 6 of this RFP) to make sure the bidder is compliant with the business ethics in terms of not paying, offering, demanding or accepting bribes of any sort or collude with competitors to obtain the contract or while carrying it out. Integrity Pact has been conceived to be applied to individual and specific contracting processes, therefore their goals remain initially restricted to provide transparency and prevent corruption in that particular contracting process.

For the purpose of this RFP, the Integrity Pact will be invoked on meeting either or both the following conditions:

a) The "Project Company" should not have any common "Directors" with any liquor company as on the date of submission of bid

b) The bidder fails to or delays in setting up of a hologram manufacturing unit in the state as per the criteria specified in this RFP

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4.6. Validity of Terms of the Bid Each Bid shall indicate that it is a firm and irrevocable offer, and shall remain valid and open for a period of not less than six months from the last date for submission of the Bid. Non-adherence to this requirement may be a ground for declaring the Bid as non-responsive. However, Excise Directorate, GoWB may solicit the Bidder's consent for extension of the period of validity. Requests for additional information or for extension of validity are procedural and do not indicate qualification of the Bidder in the process. The Bidder agrees to reasonably consider such a request. The request and response shall be in writing. A Bidder accepting the request from Excise Directorate, GoWB for extension of validity shall not be permitted to modify his Bid in any other respect.

4.7. Fees and Deposits 4.7.1. Tender Document Fee

Bidders are requested to pay a non-refundable Tender Document Fee for an amount specified below towards the Cost of Bid Document & Bid Processing Charges. This will be paid in the form of a Demand Draft in favor of "Webel Technology Limited" payable at Kolkata drawn on any scheduled commercial bank and must accompany the Technical Proposal. The Tender Document Fee must be submitted by the bidders at the time of attending the pre-bid meeting or along with the Technical Bid submission, whichever is earlier. Bids that are not accompanied by the above Tender Document Fee shall be rejected by WTL as non-responsive.

In this context, bidders are required to pay a non-refundable Bid Processing Fee of Rs.20,000/- (Rupees Twenty Thousand only) in the form of Demand Draft (D.D.) / Pay Order (P.O.) in favor of “Webel Technology Limited” payable at Kolkata, along with this Bid Document. This shall be attached to the covering letter.

4.7.2. Testing Fee

A sample of a minimum of five (5) spools of security holograms in roll form each containing a minimum of 5,000 high security holograms of 15 mm x 80 mm with the prescribed specification and also a art work of hologram samples indicating individual features should be enclosed along with the Technical Proposal. A testing charge of Rs.25,000/- (Rupees Twenty Five Thousand only) should be paid in the form of Demand Draft drawn in favor of the "Webel Technology Limited", payable at Kolkata. The testing charge of Rs.25,000/- is non-refundable.

4.7.3. Earnest Money Deposit

Bidders are required to submit Earnest Money Deposit (EMD) for an amount specified below valid for 6 months from the last date for submission of the RFP and shall accompany the Technical Proposal. The EMD shall be in the form of a Demand Draft.

Bidders are required to submit Earnest Money Deposit (EMD) in the form of Demand Draft for an amount equal to Rs.25.00 Lakhs (Rupees Twenty Five Lakhs only) drawn in favor of "Webel Technology Limited", payable at Kolkata, which is refundable subject to the conditions of RFP.

Bids, which are not accompanied by the above bid security, shall be rejected by WTL as non- responsive.

WTL, on behalf of Excise Directorate, GoWB reserves the right to forfeit the Bid Security under the following circumstances:

i. If the Bidder withdraws the Bid at any time during the stipulated period of bid validity ii. If the Bidder fails or refuses to execute the Letter of Award (in the event of the award of contract)

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iii. If the Bidder fails or refuses to furnish the Performance Guarantee within the stipulated time (viz. 15

days from the issue of the Letter of Award to it).

4.7.4. Forfeiture of EMD

EMD made by Bidder may be forfeited under the following conditions:

a. If Bidder withdraws the proposal before the expiry of validity period

b. During the evaluation process, if a Bidder indulges in any such activity as would jeopardize the process, the decision of WTL regarding forfeiture of EMD shall be final and shall not be called upon question under any circumstances.

c. If the Bidder violates any of the provisions of the terms and conditions of the proposal.

d. In case of a successful Bidder, if Bidder fails to:

i . Accept the work order along with the terms and conditions i i . Furnish performance security

iii . Violates any of the work conditions of this proposal or indulges in any such activities as would jeopardize the work

iv. Submitting false/misleading information/declaration/documents/proof etc.

In case of forfeiture of EMD, the Bidder will be deferred from participating in any job for a period of one year.

4.7.5. Performance Guarantee

The successful Bidder shall submit a Performance Guarantee (PBG format is set forth in the Appendix section, Exhibit 3 of this RFP), in the form of a Bank Guarantee, which shall be for an amount as specified below.

The successful Bidder will be required to submit a Performance Guarantee in the form of a Bank Guarantee for an amount equal to 10% of the estimated annual value of work order/project for “High Security Hologram with Barcode based Electronic Supply Chain Management System for Bottled Liquor in West Bengal" on BOOT basis for a period of 5 years. Further details of the performance guarantee will be provided at the time of Award of Contract basing on the estimated annual value of work order for the proposed project.

Performance Guarantee shall be deposited by the successful Bidder for a period not less than 66 Months within fifteen (15) days from the date of acceptance of the Bid. The Performance Guarantee will be refunded only after satisfactory completion of the proposed project for “High Security Hologram with Barcode based Electronic Supply Chain Management System for Bottled Liquor in West Bengal" on BOOT basis for a period of 5 years at the end of the bid period or extended period as the case may be and after deducting the dues from the Project Company, if any. No interest will be payable by the Excise Directorate, GoWB on the Performance Guarantee.

The bid security earnest money deposit of the successful Bidder will be returned against the receipt of Performance Guarantee. The Performance Guarantee made by the Bidder shall be refundable to him after completion of the Contract and after adjustment of amount, if any, due to the Excise Directorate, GoWB.

The said security shall stand forfeited, appropriately adjusted in full, in the event of:

v. The supplies in part or in full are not affected in accordance with the delivery schedule vi. In the event of rejection of consignment on account of sub standard product and infringement of

security requirements, not in conformity with the specifications vii. Any act of breach of trust

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4.7.6. Revenue Share


The procedure of collection of revenue share will be intimated to the successful bidder, after selection of the final bid.

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5. Technical Proposal Evaluation

5.1. Key Objectives The objective of the Technical Proposal Evaluation is to shortlist bidders having the requisite technical capabilities, operational experience and financial strength to implement the electronic supply chain management system of bottled liquor using high security holograms with 2D barcodes and labels with 1D linear barcodes. The evaluation of technical capability would be on PASS-FAIL basis and only those bidders who are technically and commercially capable would be considered for Proof of Concept Evaluation.

5.2. Eligibility Criteria This RFP is open to all companies established in India who fulfill the pre-qualification criteria as specified in this section.

The Bidder shall be responsible to both WTL and Excise Directorate, GoWB for undertaking and discharging all responsibilities related to the Bid Process and the Project. The Bidder should be the Hologram Manufacturer who must have a legal tie-up with a software provider for the purpose of this project. For the Bidding Entity, the arrangement among the members shall be disclosed in the bid and binding on the members and no change in role and responsibility of the members would be accepted after the submission of the bid. The Bidder shall respond to all queries and clarifications and ensure compliance to Bid process requirements.

Eligibility Criteria of the Bidder

Criteria Description Entities Eligible to Bid

1. The Bidder should have been a company registered in India, under the Companies Act 1956, in operation for a period of at least 10 years as on date of submission of bid, as evidenced by the Certificate of Incorporation and Certificate of Commencement of Business issued by the Registrar of Companies.

2. The Bidder should submit an undertaking that the manufacturing, printing and supply of high security holograms along with 2D barcodes will not be subcontracted. The Bidder however can tie-up with a technical partner for the ESCMS part of the project.

Turnover 1. The Bidder should be a profit making organization and have had a minimum annual turnover of Rs. 5.0 crores specifically from polyester hologram manufacturing business during the last 3 financial years (2010-11, 2011-12, 2012-13) as evidenced by the relevant financial statements and audited accounts of the company.

2. The Bidder should have valid VAT Registration Certificate, Service Tax Registration Certificate (if applicable), PAN & Trade License. Photocopy of all documents to be submitted.

3. A Chartered Accountants certificate confirming the turnover of the Bidder during FY 2011-12 and 2012-13 must be submitted along with the audited Balance Sheet for these two years.

Experience 1. The Bidder should have at least 5 (five) years experience in high security master made using dot-matrix origination system of at least 6,000 DPI

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and 2D/3D conventional system

2. The Bidder should have at least 10 (ten) years of experience of manufacturing and supply of polyester based security holograms

3. The Bidder should have supplied polyester based security holograms to at least one State Excise Department in India. They should also furnish a letter from this Department certifying satisfactory performance of the bidder. Evidence to be provided in the form of Work Order and Job Completion/ Performance Certificate.

4. The Bidder should not be blacklisted by Central or any state government or Public Sector undertakings, at the time of submission of the bid.

5. The Bidder should have supplied at least 30 crore polyester based security holograms to a single customer in the preceding financial year i.e. 2011-12

Manufacturing Facility

1. The Bidder should have complete manufacturing facilities, including intermediate processes to produce holograms and labels in-house. None of the processes shall be allowed to be subcontracted or sublet to any outside agency

2. The Bidder has to submit an affidavit on Rs.100/- Stamp Paper that the process from artwork creation to the final production of security hologram spools of the finished product shall be/have been done in the approved premises only and no job (partially or fully) will be / has been sub-contracted.

3. The Bidder should have the hologram manufacturing facility located in West Bengal within 50KM radius of the Excise Directorate, Government of West Bengal. The bidder must be able to manufacture and supply the high security holograms along with 2D barcodes and all the features mentioned in the RFP or give an undertaking that manufacturing facility would be set up in West Bengal within 30 days of getting the contract.

Quality & Security 1. The Bidder should possess certifications on ISO 9001:2008 (or above). Copy of the valid certificate must be provided with the RFP response.

2. Remote monitoring system through internet for entire manufacturing process. Details of security measures for access and monitoring must be submitted in the response.

Membership & Affiliation

1. The Bidder should be a current member of International Hologram Manufacturer Association and Hologram Manufacturers Association of India, and a copy of the membership certificates should be submitted with the RFP response.

2. The successful Bidder has to register the image as approved by the Excise Directorate, West Bengal, with the IHMA image register.

Samples & Testing 1. Sample of a minimum of 5 (five) Spools of High Security Holograms in roll form each containing a minimum of 5,000 “High Security Holograms” along with 2D Barcode of size 80 mm x 15 mm with the prescribed specification along with art work of sample submitted indicating every features, should be enclosed along with the Bid.

2. A testing charge of Rs.25,000/- (Rupees Twenty Five Thousand only)

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should be paid in the form of Demand Draft drawn in favor of the “Webel Technology Limited” payable at Kolkata. The testing charge of Rs.25,000/- is non-refundable. The submission of samples as per tender specifications is important part of the tender to assess the capability and technology of the Bidder.

Eligibility Criteria of the Software Partner

Criteria Description Presence 1. The ESCMS Software Vendor should be a company registered in India,

under the Companies Act 1956, in operation for a period of at least 4 years as on date of submission of bid, as evidenced by the Certificate of Incorporation and Certificate of Commencement of Business issued by the Registrar of Companies.

2. The Software Vendor should submit an undertaking that the design, implementation, deployment and maintenance of the ESCMS will not be subcontracted.

Turnover 1. The ESCMS Software Vendor should be a profit making company and have an average annual turnover of Rs. 3.0 crores or more from software development and implementation business during the last 3 financial years (2010-11, 2011-12, & 2012-13) as evidenced by relevant financial statements and audited accounts of company.

2. Software Vendor should have valid VAT Registration Certificate, Service Tax Registration Certificate (if applicable), PAN Card and Trade License. Photocopy of all documents to be submitted.

3. A Chartered Accountants certificate confirming the turnover of the Vendor during FY 2011-12 and 2012-13 must be submitted along with the audited Balance Sheet for these two years.

Experience 1. The Software Vendor should have executed at least 3 (three) software development projects, each of a value of Rs. 15.0 lacs or more, in the past 3 years

2. The Vendor should have executed at least 1 (one) project that is involved with 2D barcode based tracking system and has a value of Rs. 5.0 lacs or more by itself or through one of its subsidiaries

3. The Vendor should have been engaged in at least 2 (two) Annual Maintenance Contracts for its software product in the past 2 years

4. In the each of the above cases, the Software Vendor should provide evidence in the form of Work Order and/or Completion Certificate

5. The Software Vendor should not be blacklisted by the Central or any state government or PSUs, at the time of submission of the bid. A self declaration by an authorized representative must be provided.

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Resources 1. The ESCMS Software Vendor should have a technical resource strength of

30 or more, which includes the designers, developers, and QA persons.

2. The Software Vendor should have its own development center in India with the necessary software and hardware infrastructure.

3. The Software Vendor should provide documentary evidence on the above in the form of self-declaration by authorized representative.

Quality & Security 1. The ESCMS Software Vendor should have an internal QMS (Quality Management System) for use during its software development cycle.

2. The Software Vendor should follow industry standards to include the security features in its software products or applications, that are exposed to the web.

3. The Software Vendor should provide documentary evidence on the above in the form of self-declaration by authorized representative.

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6. Pilot

6.1. Key Objectives The Bidders, who get shortlisted based on the Technical Evaluation, will be required to demonstrate Pilot of their proposed solution that will include an end-to-end series of establishments allocated to them, starting from manufactory up to the retail outlet. The Pilot is focused on the "High Security Holograms with Barcode based Electronic Supply Chain Management System of Bottled Liquor" only. The Bidders may arrange for pre-printed spools of 2D barcode high security holograms and with or without automatic applicator. The Bidders are required to supply the pre-printed 1D linear barcode labels to the manufactory, bonds and trades for affixing on the cartons as well as transport passes (if 1D linear barcode is not available in the transport passes generated from the xPERT system) in order to enable ESCMS of bottled liquor till the PoS. The overall objective of the Pilot exercise is to assess the suitability and capability of the bidders' proposed solution in addressing the needs of the Excise Directorate, GoWB in terms to having a visibility and control over the inventory and flow of bottled liquor and maximize the revenue generated from taxes and duties.

6.2. High Level Components 6.2.1. Infrastructure for Pilot

The Bidders, selected for Pilot exercise, are required to install or setup the required hardware, software, handheld scanners and the camera enabled Mobile Device to be used for the "High Security Holograms with Barcode based Electronic Supply Chain Management System for Bottled Liquor" employing both the GPRS and the SMS based technologies. The system terminal has to be set up at all the establishments along with valid data screens and reporting capabilities, both at the local level as well as at the Directorate level.

6.2.2. Scope of Pilot

The Pilot will be conducted at the premises identified by the Excise Directorate, GoWB. The details of the premises/establishment will be notified to the concerned bidders after short-listing based on Technical Bid evaluation.

The Pilot should capture the details of movement of liquor over the flow highlighted in the diagram below. However the implementation of the required integration between the ESCMS and the existing xPERT system, which is in scope of this RFP, will be outside the scope of the pilot.

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Figure 7: Data Flow for Pilot

An indicative list of Pilot scenarios, that will be used by the Evaluation Committee to assess the suitability and appropriateness of the solution, is provided below:

Establishment Pilot Scenarios Result Acceptable?

Manufactory The receipt of high security holograms and labels from the hologram manufacturer are correctly registered in the ESCMS system

Yes/No

Individual bottles in a given batch of a production line are uniquely identifiable by scanning the 2D barcode high security hologram affixed on the cap

Yes/No

The contents of a carton are easily identifiable by scanning the linear barcoded label affixed on the carton

Yes/No

The inventory of high security holograms is correctly getting updated after completion of every batch across different production lines

Yes/No

The contents of a consignment are easily determined and visible to the officer-in-charge by scanning the linear barcoded label affixed on the transport pass

Yes/No

The inventory of bottled liquor as well as cartons are correctly getting updated after dispatch of every consignment

Yes/No

The ESCMS is properly handling any wrong bottled liquor packaging in cartons or wrong affixing of transport passes

Yes/No

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The inventory of hologram and the information mapped to the 2D barcode are updated accurately in case of holograms getting damaged in the affixing or packaging process

Yes/No

Bonded Warehouse

The inventory in bonded warehouse is updated accurately when consignment is received under bond coverage from a state manufactory

Yes/No

The inventory in bonded warehouse is updated accurately when import duty-paid consignment is received under bond coverage from a manufactory in other state

Yes/No

The consignment being received at the bonded warehouse accurately matches with the requisition being sent to the manufactory (either in this state or other states)

Yes/No

The ESCMS determines if any carton of excise duty-paid bottled liquor is being received at the warehouse, by mistake

Yes/No

The ESCMS will properly handle the situation if any non duty paid bottled liquor is moving out of the bonded warehouse to a trade godown by mistake

Yes/No

The inventory of bonded warehouse is updated accurately when consignment of cartons are dispatched to the trade godown

Yes/No

The transport pass can be scanned to determine if the consignment contents are matching with the requisition being received from the trade godown

Yes/No

Trade Godown The inventory of trade godown is updated accurately when duty-paid consignment is received from a bonded warehouse or directly from a manufactory

Yes/No

The inventory of trade godown is updated accurately when duty-paid imported consignment is received from other states

Yes/No

The ESCMS will be able to determine if all the consignments being received at the trade godowns are duty-paid or not

Yes/No

The transport pass can be scanned to determine the contents of a particular consignment along with its source and destination

Yes/No

The received cartons of bottled liquor can be scanned to match with the cartons being dispatched from the manufactory or the bonded warehouse

Yes/No

The inventory of trade godown is updated accurately when consignments of cartons are dispatched to the retail outlets

Yes/No

The transport pass can be scanned to determine if the consignment contents are matching with the requisition being received from the retail outlet

Yes/No

Retail Outlet The inventory of retail outlet is updated accurately when consignment is scanned and received from a trade godown

Yes/No

The received cartons of bottled liquor for a consignment can be scanned to match against the requisition being sent to the trade godown

Yes/No

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All the consignments received at the retail outlet can be scanned to ensure that all the bottled liquors at the PoS are duty/tax-paid

Yes/No

The ESCMS will automatically update the retail inventory as each bottled liquor is getting sold to the consumer

Yes/No

The ESCMS will ensure that all the bottled liquors in the retail outlet are originally sourced from either a state manufactory/ brewery or a manufactory from other state for 'sale in West Bengal only'

Yes/No

The ESCMS displays to the consumer the authenticity and sourcing details of the bottled liquor that is being purchased

Yes/No

The ESCMS provides a centralized current state view of bottled liquor of any production batch in a state manufactory or imported from other state, to the Excise Directorate for ease of monitoring and supervision

Yes/No

6.2.3. Time Schedule for Pilot

A period of two (2) weeks for installation, three (3) weeks for application set up, and another two (2) weeks for running and evaluation will be allowed. The total ‘Time Schedule’ envisaged for Pilot is 7 weeks including the time for setting-up of the required infrastructure at the earmarked locations.

6.2.4. Payment for Pilot

The Excise Directorate, GoWB will not make any payment to the shortlisted bidders for carrying out the Pilot as per the requirements set forth by the Directorate. This means the bidders have to conduct the Pilot at their own expense.

6.2.5. Evaluation of Pilot

WTL, on behalf of the Excise Directorate, GoWB will come up with definite criteria and parameters to evaluate the results and experience of the Pilot and then assess the shortlisted Bidders on ‘Pass/ Fail’ basis. As part of the evaluation, feedback from each of the stakeholders in the bottled liquor supply chain will be taken into consideration. There will be a separate dedicated team from WTL and Excise Directorate, GoWB who will monitor the progress of the Pilot by each of the shortlisted bidders on an on-going basis.

6.2.6. Evaluation Committee

An ‘Evaluation Committee’ constituted by the Commissioner, Excise Directorate, GoWB will inspect the ‘On-Site demonstration of Concept’ of Pilot and evaluate the Pilot as per the parameters evolved by WTL and Excise Directorate, GoWB.

Evaluation of ‘Pilot’ would be on Pass-Fail basis. The Excise Directorate, GoWB at the end of the Bidding Process will return the Bid Security to the Bidders, whose Pilot is not found acceptable or failed to qualify.

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7. Financial Bid Evaluation

7.1. Key Objectives The evaluation of the Financial Bid is to ascertain the bidder offering the best financial bid, who will be considered for selection for awarding the contract to implement high security holograms with barcode based electronic supply chain management system for bottled liquor in West Bengal, on BOOT basis for a period of 5 years. The price per thousand (1000) of high security holograms with 2D barcode and Paper Labels with 1D linear barcode for the proposed project on BOOT basis offered by the bidder for the agreement period as their lowest financial bid will be considered for the purpose of the evaluation.

7.2. Financial Bid Parameters Bidders are required to offer their lowest quotes in terms of the price per thousand (1000) bottles for high security holograms along with 2D barcode/1D linear barcode based electronic supply chain management system, on BOOT basis, for the agreement period to the Excise Directorate, GoWB as detailed in this RFP document. The above quotes shall be submitted by the bidders in the Financial Bid. The Financial Bid must be in accordance with the format as enclosed in Appendix section as Exhibit 5.


7.3. Selection of Bidders The bid will be evaluated on the assumption that 1 (one) Paper Label with 1D linear barcode will be required for every 25 (twenty-five) pieces of high security holograms with 2D barcode. The bid price will, therefore, be calculated as follows:

• Phase 1 Bid Price = Price quoted for 1000 (thousand) high security holograms with 2D barcode + Price quoted for 40 (forty) Paper Labels with 1D linear barcode for Phase 1.

• Phase 2 Bid Price = Price quoted for 1000 (thousand) high security holograms with 2D barcode + Price quoted for 40 (forty) Paper Labels with 1D linear barcode for Phase 2.

The final bid price for high security holograms with 2D Barcode and Paper Labels with 1D Linear Barcode for the proposed supply chain management system, on BOOT basis for the agreement period, quoted by the bidders will be ranked as L1, L2, L3 etc, based on a combination of their 3 Bid Prices for the individual Phases, from lowest to highest (L1 being the Lowest).

On successful completion and evaluation of the Pilot by the shortlisted bidders, a final list of bidders will be selected for Financial Evaluation. The L1 Bidder would be preferred for awarding the contract as per terms and conditions of the RFP. In case the L1 bidder is unable to fulfill any of the requirements of the bid/offer, the next highest bidder (L2) will be preferred for awarding the contract on BOOT basis, subject to the acceptance of their offer by Excise Directorate, GoWB.

Please note that during the BOOT period, the Phase 2 price quotes will be applicable only when the Phase 2 has started, and till the time the Phase 2 starts, the Phase 1 price quotes will prevail.

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8. Special Terms and Conditions

8.1. All Facilities with the Bidder The Bidder should have complete manufacturing facilities to produce the High Security Hologram with all the features mentioned in the tender specifications viz., art work creation, master origination, glass negative preparation, developing of glass master, nickeling process, metal master preparation, embossing, lamination, die cutting, coating and machineries to produce all the special features mentioned in the non master or origination features etc., and any other intermediary processes involved in the manufacture of High Security Hologram in the bidder premises. The manufacturing setup should be within a radius of 50 kilometers from the Excise Directorate office in Kolkata.

The Bidder who does not have one or more than one of the above facilities in the premises will be ineligible to participate in the Bid and their Bid will be summarily rejected. In case any Bidder has collaboration with any international manufacturer of Master Origination Facility, or any other features of this tender such manufacturing facilities shall be located in the premises of the Bidder.

The Manufacturer & Supplier has to guarantee / submit an affidavit on Rs.100/- Stamp Paper that the process from Artwork Creation to the final production of Security Hologram Spools of the finished product and the paper labels shall be/have been done in the approved premises only and no job (partially or fully) will be / has been sub-contracted. This will be verified by the Department from time to time.

8.2. Factory Address to be Furnished The manufacturing facility for this project is required to be setup within a radius of 50 kilometers from the Excise Directorate office in Kolkata, as stipulated in RFP.

The Bidder shall be required to furnish the particulars of their factory / workshop including locations and machinery installed therein with their installed capacity for production of High Security Holograms and labels at other locations within the country. They should enclose proof of Sales Tax Registration Number, Industrial Registration Number etc. The Bidder should furnish the documents and purchase bills for all the equipments that have been purchased in India. For all the machinery imported from abroad valid custom clearance certificate issued in the name of the Bidder firm should be produced.

8.3. Proof of Facilities & Machineries The supplier must submit recent photographs of all the machineries in his possession showing their functioning along with the required proof to show that the photographs are taken around the date of applying for the Bid which should be verifiable at the time of inspection ( if any ) undertaken by the Excise Directorate.

The Bidder should also enclose proof of purchase or import of all the machineries required for all the manufacturing processes along with authentic documents indicating the technical and manufacturing specifications of the various machineries.

8.4. Inspection of Manufacturing Unit The Excise Directorate, GoWB, may conduct physical verification of the manufacturing units located elsewhere to ascertain technical capability and manufacturing. The Excise Commissioner, Excise Directorate, GoWB, has the right to get the inspection of manufacturing units done by competent people at any stage of bid process before the issue of Letter of Acceptance. If the Bidder fails to meet the specifications of RFP and/or in case of

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any deviation from their bid submission found during the course of inspection of manufacturing unit that will lead to the disqualification of the Bid at any stage of the Bid Process.

8.5. Samples for Testing A sample of a minimum of 5 (five) spools of security holograms in roll form each containing a minimum of 5,000 high security holograms of size 15 mm x 80 mm with the prescribed specification and also a art work of hologram samples indicating individual features should be enclosed along with the Technical Proposal. A testing charge of Rs.25,000/- (Rupees Twenty Five Thousand only) should be paid in the form of Demand Draft drawn in favor of the "Webel Technology Limited ", payable at Kolkata. The testing charge of Rs.25,000/- is non-refundable. The submission of samples as per tender specifications is important part of the tender to assess the capability and technology of the bidder.

8.6. Validity of the Quoted Price and Tenure of the Contract

The tenure of the contract would be for a period of 5 (five) years subject to the condition that, if considered necessary, the Excise Commissioner, Excise Directorate, GoWB reserves the right to restrict the contract period to a period less than 5 (five) years but in any case, not less than one year. The quoted price for high security holograms and paper labels would be valid the tenure of the contact.

The Excise Commissioner, Excise Directorate, GoWB can extend the tenure of the contact for up to an additional period of 5 (five) years.

8.7. Pert Chart for Production The successful Bidder shall start the supply of High Security Hologram as per the design approved by the Excise Commissioner, Excise Directorate, GoWB within 24 weeks from the date of placement of purchase order failing which the contract will be cancelled by the Commissioner and the successful Bidder shall be liable for compensating the loss incurred by the Excise Directorate, GoWB for making alternative arrangements for getting the supply of excise labels. The delivery of High Security Hologram shall be as per the schedule to be furnished by the Commissioner, Excise Directorate, GoWB at the time of placing orders. The Bidder shall submit pert chart indicating time frame for completing within 90 days the various steps involved in the production and supply of High Security Holograms.

8.8. Approval of Art Work At the time of approval of the art work and the shooting of the master, appropriate technical verification may be made by WTL and Excise Directorate, GoWB to ensure that the art work contains the required security features and the master is shot exactly as per the approved art work. The samples of High Security Hologram may also be subjected to Technical Proposal Evaluation to ascertain whether the High Security Hologram conforms to the technical specifications indicated in the Bid document and is suitable for automatic application.

8.9. Safe Custody of Master The successful Bidder should ensure, to the entire satisfaction of the Commissioner, Excise Directorate, GoWB, that the “Master” shall be kept in safe custody and is not tampered with, lost or damaged. In Case the “Master” of the High Security Hologram is lost or damaged or tampered, the Performance Guarantee shall be forfeited besides recovering the cost of the Master by the Excise Directorate, GoWB. The Master shall be the property of the Excise Directorate, GoWB and hence the successful Bidder shall return the original after completion of the

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order. The Commissioner, Excise Directorate, GoWB can also ask the successful Bidder to keep the Master with him in safe custody by signing a Custodian Bond for the Master. (ii) The successful Bidder will be required to show the first sample of High Security Hologram within the time limit to be specified by the Commissioner, Excise Directorate, GoWB, from the date of placement of the purchase order along with the computer generated artwork for approval.

8.10. Supply of High Security Holograms • The successful Bidder shall make necessary arrangements to ensure continued supply of High Security

Hologram and paper labels within the Bid period or the extended period as and when required by the Excise Directorate, GoWB at the same rate as quoted in the Bid.

• The successful bidder should ensure that the electronic supply chain management system continues to function smoothly at all points of the Supply Chain.

• The successful Bidder shall not be allowed to sub-contract or sub-let any work or a portion of work to any outside agency, except the electronic supply chain management system and application software.

• The Bidder should have a high security environment in his factory to ensure 100% guarantee of confidentiality and secrecy.

8.11. Cost of Bidding The bidder shall bear all costs associated with the preparation and submission of the bid and both the Excise Directorate, GoWB, and WTL will, in no case, be responsible for those costs regardless of the conduct or outcome of the bidding process.

8.12. Bid Document Bidder is expected to examine all instructions, forms, terms and requirement in the bid document. The invitation to bid together with all its attachment thereto shall be considered to be read, understood and accepted by the bidder unless deviations are specifically stated in the seriatim by the bidder. Failure to furnish all information required by the bid document or a bid not substantially responsive to the bid document in every respect may result of the bid.

8.13. Forms and Format The various inputs for the Techno Commercial as Financial Bids are to be submitted in the format specified. The bidder shall use the form, wherever specified, to provide relevant information. If form does not provide space for any required information, space at the end of the form or additional sheets shall be used to convey the said information. For all other cases, the bidder shall design a form to hold the required information.

8.14. Lack of Information to Bidder The bidder shall be deemed to have carefully examined the Bid document to his entire satisfaction. Any lack of information shall no in any relieve the bidder of his responsibility to fulfill his obligation under the bid. If bidder has any queries relating to bid document then he can send the queries before the Pre Bid Meeting.

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8.15. Liability In case of a default on bidder’s part or other liability, WTL shall be entitled to recover damages from the Bidder. In each such instance, regardless of the basis on which WTL is entitled to claim damages from the Bidder (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), Bidder shall be liable for no more than:

• Liability for bodily injury (including death) or damage to real property and tangible personal property limited to that cause by the Bidder’s negligence

• As to any other actual damage arising in any situation involving nonperformance by Bidder pursuant to or in any way related to the subject of this Agreement, the charge paid by WTL for the individual product or Service that is the subject of the claim

However, the Bidder shall not be liable for:

• For any indirect, consequential loss or damage, lost profits, third party loss or damage to property or loss of or damage to data

• For any direct loss or damage that exceeds the total payment for Contract Price made or expected to be made to the Bidder hereunder.

8.16. Signing of the Bid The Bid is liable to be rejected if complete information is not given therein or if the particulars and data asked for in the Bid are not fully filled in. Specific attention must be paid to delivery dates and also to the general conditions of the contract.

8.17. Amendment of Bid Document At any time prior to the deadline for submission of proposals, WTL, on behalf of the Excise Directorate, GoWB reserves the right to add/modify/delete any portion of this document by issuance of an Corrigendum, which would be published on the website and will also be made available to the all the Bidder who have been issued the tender document. The Corrigendum shall be binding on all bidders and will form part of the bid documents.

8.18. Language of Bid and Correspondence The proposal will be prepared by the Bidder in English language only. All the documents relating to the proposal (including brochures) supplied by the bidder should also be in English, and the correspondence between the bidder and WTL will be in English language only. The correspondence by fax/E-mail must be subsequently confirmed by a duly signed formal copy.

8.19. Opening of Bid The Bidders are at liberty to be present at or authorize a representative to be present at the opening of both the bids, technical and price bids, at the date and time as specified. The name and address of the representative who would be attending the opening of the Bid on behalf of the Bidders should be indicated in the Bid. The Bidders shall also state the name and address of their permanent representative, if any, at Kolkata.

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8.20. Financial Proposal/Price Bid The Financial Proposal once accepted by the procuring entity viz., Excise Directorate, GoWB shall remain valid till the successful execution of the order and till the supplies are fully effected and accepted. The Excise Directorate, GoWB shall not entertain any increase in the rates during the period of execution.

The prices quoted must be net and must include all taxes, levies as applicable as on date as per Government rules.

8.21. Selection of the Bidder High Security Hologram along with 2D Barcode/1D Linear Barcode based Electronic Supply Chain Management System of Bottled Liquor, being a highly technical as well as security product, the selection will be based on the Technical Proposal Evaluation and Evaluation of Pilot. The Excise Directorate, GoWB is not bound to accept the lowest bid.

8.22. Communication of Acceptance i. The acceptance of the Bid by the purchaser will be communicated by a letter of acceptance by post

or Fax.

ii. The purchaser reserves the right to place order on successful Bidder for additional quantity at the rates quoted by the successful Bidder from the date of acceptance of the Bid.

iii. The Excise Commissioner, Excise Directorate, GoWB reserves the right to reject all or any of the Bids without assigning any reason and to split up the Bid as he deems necessary.

8.23. Failure and Termination If the Project Company fails to deliver the Holograms or any installments thereof within a period fixed for such delivery in the Bid, the Commissioner, Excise Directorate, GoWB may, without prejudice to the right of the purchaser, recover damages for breach of the contract after giving a notice as under:

i. Purchase or authorize the purchase elsewhere without notice to the Project Company, on the account and at the risk of the Project Company.

ii. Cancel the contract or a portion thereof and if so desired purchase or authorize the purchase of the Holograms not so delivered.

iii. In Case the Project Company fails to supply the required goods in the specified period, the Performance Guarantee will be forfeited.

If during the currency of contract, the Project Company or / and his representatives, workers and agents are found indulging in any activity which directly or indirectly is prejudicial to the interest of the Excise Directorate, GoWB or found guilty of indulging in any malpractice such as forgery, falsification or fabrication of any documents, bills, vouchers, delivery chalans etc., or introduction of any liability in connection with the supply of Security Holograms, which amounts to an offence punishable under Indian Penal Code or any other enactment, the Commissioner, Excise Directorate, GoWB without prejudice to other legal rights shall have the right to terminate the contract, forfeit the performance guarantee and such other amounts that may be lying with this office by way of bills on hand after giving a notice. All losses that may be incurred by this office shall be recoverable from the Project Company.

Non performance of the Bid / contract conditions will disqualify a firm to participate in the Bid for the next five years.

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8.24. Law Governing the Contract i. Irrespective of the place of delivery, the place of performance or place of payment under the

contract, the contract shall be deemed to have been made at the place from which the acceptance of Bid has been issued.

ii. The courts at Kolkata, West Bengal alone shall have jurisdiction to decide any disputes arising out of or in respect of this contract.

iii. In respect of all the Bid conditions, the decision of the Excise Commissioner, Excise Directorate, GoWB, shall be final and binding. In the event of any dispute arising out of the Bid, such dispute would be subject to the jurisdiction of the Civil Courts within the state of West Bengal.

iv. The Bidder shall keep himself fully informed of all current national, state and municipal law and ordinances. The Bidder shall at their own expense, obtain all necessary permits and license and pay all fees and taxes required by law.

8.25. Bankruptcy If the Bidder becomes bankrupt or have a receiving order made against him or compound with his creditors or being a corporation commence to be wound up, not being a voluntary winding up for the purpose only or amalgamation or reconstruction, or carry on their business under a receiver for the benefit of their creditors or any of them, the Excise Directorate, GoWB shall be at liberty to terminate the engagement forthwith without any notice in writing to the Bidder or to the liquidator or receiver or to any person in whom the Bidder may become vested and without any compensation to give such liquidator or receiver or other person the option of carrying out the engagement subject to their providing a guarantee for the due and faithful performance of the engagement up to an amount to be determined by the Excise Directorate, GoWB.

8.26. Withdrawal of Bid Bid cannot be withdrawn during the interval between their submission and expiry of Bid’s validity period. Fresh Bid may be called from eligible vendors for any additional item(s) of work not mentioned herein, if so required.

8.27. Insurance Coverage Appropriate insurance to cover all solution components for the transit period and until the time of its acceptance at the respective site is to be taken by the Bidder. As the Bidder will carry the risk for the material in his books during transit, the Bidder should arrange insurance for the total system as period from the dispatch till Acceptance Test is successfully achieved. Further the Bidder is to take all required insurance coverage in respect of all its personnel who shall be working on this engagement.

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Appendix

Exhibit 1: Bid Form (Bidders are requested to furnish the Bid Form in the Format given in this form, filling the entire Blank and to be submitted on Letter Head)

To


Sub : …

Dear Sirs,

1. We the undersigned bidder/(s), having read and examined in details the specifications and other documents of the subject tender no. WTL/ / …. dated do hereby propose to execute the job as per specification as set forth in your Bid documents.

2. Earnest Money Deposit: We have enclosed EMD in the form of Demand draft for a sum of Rs. ________ (Demand Draft no. ____________ dated ___________________ drawn on _______________________)

3. We declare that items shall be executed strictly in accordance with the specifications and documents irrespective of whatever has been stated to the contrary anywhere else in our proposal. Further, we agree that additional conditions, deviations, if any, found in the proposal documents other than those stated in our deviation schedule, save that pertaining to any rebates offered shall not be given effect to.

4. If this proposal is accepted by you, we agree to provide services and complete the entire work, in accordance with schedule indicated in the proposal. We fully understand that the work completion schedule stipulated in the proposal is the essence of the job, if awarded.

5. We further agree that if our proposal is accepted, we shall provide a Performance Bank Guarantee of the value equivalent to ten percent (10%) of the Order value as will be stipulated in our Price Bid document.

6. We agree that WTL reserves the right to accept in full/part or reject any or all the bids without any explanation to bidders and his decision on the subject will be final and binding on Bidder.

Dated, this …………………..day of ……………………2012

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…………………………………………………

Signature

………………………………………………………..

Name in full

………………………………………………………..

Designation

…………………………………………………………

Signature Verified by Head of Institution

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Exhibit 2: Covering Letter Format

Date:

Place:

To


Dear Sir,

Sub: Selection of Bidder for High Security Holograms with Barcode Based Electronic Supply Chain Management System for Bottled Liquor in West Bengal.

Please find enclosed one (1) original + two (2) copies of our Bid in respect for "Selection of Bidder for High Security Holograms with Barcode Based Electronic Supply Chain Management System for Bottled Liquor in West Bengal" on BOOT basis, in response to the Request for Proposal (RFP) Document issued by Webel Technology Limited on behalf of Excise Directorate, GoWB dated .........

We hereby confirm the following:

1. The Bid is being submitted by (Name of the Bidding Company), in accordance with the conditions stipulated in the RFP. Our Bid includes the Letter of Acceptance in the format specified in the RFP.

2. We have examined in detail and have understood the terms and conditions stipulated in the RFP Document issued by Webel Technology Limited on behalf of Excise Directorate, GoWB and in any subsequent communication sent by Webel Technology Limited. We agree and undertake to abide by all these terms and conditions. Our Bid is consistent with all the requirements of submission as stated in the RFP or in any of the subsequent communications from Webel Technology Limited

3. The Bidding Company meets all the eligibility criteria laid down in the RFP.

4. This bid is unconditional and we hereby undertake to abide by the terms and conditions of the RFP.

5. We, as the Bidding Company, designate Mr./Ms.____________(mention name, designation, contact address, phone no., fax no., etc.), as our Authorized Representative and Signatory who is authorized to perform all tasks including, but not limited to providing information, responding to enquiries, entering into contractual commitments etc. on behalf of the us in respect of the High Security Holograms with Barcode Based Electronic Supply Chain Management System for Bottled Liquor. The Board Resolution authorizing the said person is enclosed.

For and on behalf of : (Company Seal)

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Signature :

Name :

Designation :

Designated Authorized Representative and Signatory :

Name of the Person :

Designation :

Signature :

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Exhibit 3: Pro forma for Performance Bank Guarantee

(To be executed on Non-Judicial Stamp Paper of appropriate value, as per Stamp Act prevailing in the State of West Bengal, to be executed in the name of the executing Bank)

PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT –CUM-PRFORMANCE GUARANTEE

Ref …………………….. Bank Guarantee no…………….

Date…………………..

PROFORMA OF BG FOR SECURITY DEPOSIT

KNOW ALL MEN BY THESE PRESENTS that in consideration of WEBEL TECHNOLOGY LIMTED, a Government of West Bengal Undertaking incorporated under the Companies Act, 1956 having its Registered office at Webel Bhavan, Block EP&GP, Sector V, Kolkata-700091 (hereinafter called “The Purchaser”) having agreed to accept from _____________________ (hereinafter called “The Contractor”) Having its Head Office at ______________________, a Bank guarantee for Rs. _____________ in lieu of Cash Security Deposit for the due fulfillment by the Contractor of the terms & conditions of the Work Order No. __________________ dated____________ issued by the Purchaser for _____________________ (hereinafter called “the said work order ________________ _______dated____________)”.We ________________ (Name & detailed address of the branch) (hereinafter called “the Guarantor”) do hereby undertake to indemnify and keep indemnified the Purchaser to the extent of Rs.__________ (Rupees ____________ _____________) only against any loss or damage caused to or suffered by the Purchaser by reason of any breach by the Contractor of any of the terms and conditions contained in the said Work Order No. ____________________ dated__________________ of which breach the opinion of the Purchaser shall be final and conclusive.

(2) AND WE, ___________________ DO HEREBY Guarantee and undertake to pay forthwith on demand to the Purchaser such sum not exceeding the said sum of ________Rupees______________) only as may be specified in such demand, in the event of the Contractor failing or neglecting to execute fully efficiently and satisfactorily the order for __________________________ _______________ Work Order no., _______________dated _________

(3) WE __________________________ 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 order as laid down in the said Work Order No. ________________ dated _______________ including the warranty obligations and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said Work Order No. _________________ dated _____________ have been fully paid and its claims satisfied or is charged or till the Purchaser or its authorized representative certified that the terms and conditions of the said Work Order No. ______________________ dated _________________ have been fully and properly carried out by the said contractor and accordingly discharged the guarantee.

(4) We _____________________________ the Guarantor undertake to extend the validity of Bank Guarantee at the request of the contractor for further period of periods from time to time beyond its present validity period failing which we shall pay the Purchaser the amount of Guarantee.

(5) The liability under the Guarantee is restricted to Rs. _________ (Rupees ______________ ___________________) only and will expire on ______________ and unless a claim in writing is presented to us or an action or suit to enforce the claim is filled against us within 6 months from

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_______________ all your rights will be forfeited and we shall be relieved of and discharged from all our liabilities (thereinafter)

(6) The Guarantee herein contained shall not be determined or affected by liquidation or winding up or insolvency or closer of the Contractor.

(7) The executants has the power to issue this guarantee on behalf of Guarantor and holds full and valid power of Attorney granted in his favor by the Guarantor authorizing him to execute the Guarantee.

(8) Notwithstanding anything contained herein above, our liability under this guarantee is restricted to Rs. __________ (Rupees _________________________) only and our guarantee shall remain in force up to _______________ and unless a demand or claim under the guarantee is made on us in writing on or before _______________ all your rights under the guarantee shall be forfeited and we shall be relieved and discharged from all liabilities there under.

WE, __________________________ lastly undertake not to revoke this guarantee during the currency except with the previous consent of the Purchaser in writing. In witness whereof we ___________________________have set and subscribed our hand on

this ________________________ day of _____________________.

SIGNED, SEALED AND DELIVERED

WITNESS

1) ______________________ _____________________

(Stamp of the executants)

2) ______________________

(Name & address in full with Rubber Stamp)

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INSTRUCTIONS FOR FURNISHING BANK GUARANTEE

1. Bank Guarantee (B.G.) for Advance payment, Mobilization Advance, B.G. for security Deposit-cum-Performance Guarantee, Earnest Money should be executed on the Non-Judicial Stamp paper of the applicable value and to be purchased in the name of the Bank.

2. The Executor (Bank authorities) may mention the Power of Attorney No. and date of execution in his/her favor with authorization to sign the documents. The Power of Attorney is to be witnessed by two persons mentioning their full name and address.

3. The B.G. should be executed by a Nationalized Bank/ Scheduled Commercial Bank preferably on a branch located in Kolkata. B.G. from Co-operative Bank / Rural Banks is not acceptable.

4. A Confirmation Letter of the concerned Bank must be furnished as a proof of genuineness of the Guarantee issued by them.

5. Any B.G. if executed on Non-Judicial Stamp paper after 6 (six) months of the purchase of such stamp shall be treated as Non-valid.

6. Each page of the B.G. must bear signature and seal of the Bank and B.G. Number.

7. The content of the B.G. shall be strictly as Pro forma prescribed by WTL in line with Purchase Order /LOI/ Work Order etc. and must contain all factual details.

8. Any correction, deletion etc. in the B.G. should be authenticated by the Bank Officials signing the B.G.

9. In case of extension of a Contract the validity of the B.G. must be extended accordingly.

10. B.G. must be furnished within the stipulated period as mentioned in Purchase Order / LOI / Work Order etc.

11. Issuing Bank / The Vendor are requested to mention the Purchase Order / Contract / Work Order reference along with the B. G. No. for making any future queries to WTL

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Exhibit 4: Format for Technical Proposal

8.27.1.1. Basic Details No. Detail Particulars

1. Name of the Bidder

2. Address of Works/Factory of Bidder

Phone No.

Fax No.

E-mail Address

Correspondence / Contact Address

Name & Designation of Contact Person at Works/Factory

Contact Person Phone No.

Contact Person Fax No.

Contact Person Email Address

3. Registered Office of Bidder with Phone, Fax and E-mail address

Phone No.

Fax No.

E-mail address

Name & Designation of Contact Person at Office

4. Is the Bidder a registered company? If yes, submit documentary proof with Year and Place of establishment of the Bidder.

Former name of the company, if any

Attach the organizational chart showing the structure of the organization.

Total number of employees

Are you registered with any Government/ Department/ Public Sector Undertaking (if yes, give details)

How many years has your organization been in business under your present name? What were your fields when you established your organization

Number of Offices in district headquarters in West Bengal

Does your organization have ISO 9001:2008 certificates?

List the major clients with whom your organization has been / is currently associated.

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Have you ever been denied tendering facilities by any Government Department/ Public Sector Undertaking? (Give details)

Have you in any capacity not completed any work awarded to you? (If so, give the name of project and reason for not completing the work)

5. Nature of Constitution of the Bidder

(Enclose a Certificate, whether individual, Partnership Firm or company registered under the Companies Act)

6. Name of the Chief Executive Officer

Phone No.

Fax No.

E-mail address

7. Name and address of Directors: (With their Phone/Fax/e-mail addresses)

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8.27.1.2. Manufacturing Infrastructure Details No. Detail Compulsory/

Desirable Available (YES/NO)

No. of Machines

Capacity /day

1. MASTER ORIGINATION SYSTEMS

1.1. Dot Matrix origination system (Minimum 6000 DPI) with all the features specified in tender specification

Compulsory

1.2. 2D/3D origination system with allthe features specified in tender specification

Compulsory

1.3. Preparation of Art Work

(Computer Generated)

Compulsory

1.4. Shooting/Recording of Design& Features in Master Lab

(Output will be 1 up Glass Master in Photo Resist Glass Plate)

Compulsory

1.5. Chemical developing (Washing the Glass Master in chemical tank)

Compulsory

1.6. Recombination Process Compulsory

2. PLANT & MACHINERIES

2.1. Electroforming System (Nickel plating on Glass Master for Production of Shims)

Compulsory

2.2. Embossing Machines Compulsory

Hot melt Adhesive Lamination Machine capable for Hot Melt adhesive coating.

Compulsory

2.3. Inspection Machine Compulsory

2.4. Automatic Die-cutting Machines capable of die-cutting in spool form for automatic application of holograms.

Compulsory

2.5. Demetallizing Machines Compulsory

2.6. Slitting Machine Compulsory

3. SECURITY EQUIPMENTS

3.1. Control Room Equipped with facility of Monitoring through CC TV

Compulsory

3.2. CCTV Cameras (Nos.) Compulsory

3.3. Access control system Compulsory

3.4. How does the Bidderensures total safety of the Holograms to be produced at his work and till the time they are delivered

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8.27.1.3. Commercial Details of the bidder

No. Detail Compulsory/Desirable Particulars of the Bidder

Total experience of the Bidder in the production of polyester holograms

10 Years Compulsory

Whether the Bidder has any experience to supply Polyester based security Holograms, to any State Excise department. If Yes,then give period and quantity/year. Also submit a letter of satisfactory performance from the particular State Excise Department.

Compulsory

Details of Sales Tax registration at West Bengal and manufacturing State.

Submit valid Sales Tax / VAT Registration Certificate.

Desirable

Is the firm registered for Service Tax with Central Excise Department (Service Tax Cell)? If yes, submit valid Service Tax registration certificate.

Desirable

Total Experience of the Bidder in High security master made using dot-matrix origination system of at least 6,000 DPI and 2D/3D conventional system recombined together.

5 Years Compulsory

Whether Bank Solvency Certificate as asked for, is enclosed in original.

Compulsory

Total turnover of the company/firm from polyester hologram manufacturing business for FY 2010-11 and 2011-12

Minimum Rs. 5 crores

8.27.1.4. Commercial Details of the software partner No. Detail Compulsory/Desirable Particulars of

the Bidder

Total experience and average annual turnover of the software partner from software development and implementation business

Compulsory

Details of software partner experience in similar application development and annual maintenance.

Compulsory

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Details of Service Tax registration (if

applicable).

Submit valid Service Tax / VAT Registration Certificate.

Desirable

Details of technical resources and development center/infrastructure of the software partner.

Compulsory

Details of software quality and security management system in place for the software vendor.

Compulsory

8.27.1.5. Manpower Details Give details of your manpower:

(For technical staff provide with their qualification and experience)

Nos. Remarks/Comments

Technical Non-Technical Skilled Unskilled Total

8.27.1.6. Previous Work Records LIST OF CLIENTS OF SIMILAR NATURE

Sl. No.

Type of Work Name of the Client & Address

Contact Person with Designation and Contact Numbers

Contract Amount (Rs.)

Time Line

1.

2.

3.

4.

5.

8.27.1.7. Financial Summary Sl. No.

Name of the Bidder

Turnover (Rs/Crores)

2010-11 2011-12 20012-13

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8.27.1.8. Approach and Methodology of the Proposed Solution [The bidder has to provide details on the approach, methodology, functional architecture and deployment architecture of the proposed solution for ESCMS as per this RFP.]

For and on behalf of :

Signature :

Name :

Designation with Seal :

Authorized Representative and Signatory of the Bidding Company :

Lead Member :


Designation :

Seal :

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Exhibit 5: Format for Financial Proposal

Date:

Place:

To The Purchase Manager WEBEL TECHNOLOGY LIMITED (A Govt. of West Bengal Undertaking) Plot - 5, Block – BP, Sector – V, Salt Lake City, Kolkata – 700091.

Dear Sir,

Sub: Selection of Bidder for High Security Holograms with Barcode Based Electronic Supply Chain Management System for Bottled Liquor in West Bengal.

We offer our quote for the selection of „Bidder for The Price per thousand (1000) High Security Holograms with Barcode Based Electronic Supply Chain Management System for Bottled Liquor in West Bengal and price per thousand (1000) paper labels with 1D linear barcode on BOOT basis for the Agreement Period of 5 Years, and on the stipulated terms and conditions and other particulars therein and we hereby submit our Financial Proposal as follows:

PRICE BID

Project Phase Items to be Quoted Price in INR (To be mentioned in figures and words)

Phase 1 1. The Price per thousand (1000) of size 15mm x 80mm of "High Security Holograms with Barcode Based Electronic Supply Chain Management System in West Bengal" on BOOT basis for the Agreement Period of 5 Years

2. The price per thousand (1000) paper labels of size 50

mm x 38 mm of 75 gsm +/- 10% semi gloss paper face stock and 62 gsm +/- 10% paper liner with 1D linear barcode Based Electronic Supply Chain Management System in West Bengal" on BOOT basis for the Agreement Period of 5 Years

Phase 2 1. The Price per thousand (1000) of size 15mm x 80mm of "High Security Holograms with Barcode Based Electronic Supply Chain Management System in West Bengal" on BOOT basis for the Agreement Period of 5 Years

2. The price per thousand (1000) paper labels of size 50

mm x 38 mm of 75 gsm +/- 10% semi gloss paper face stock and 62 gsm +/- 10% paper liner with 1D linear barcode Based Electronic Supply Chain Management System in West Bengal" on BOOT basis for the Agreement Period of 5 Years

98

a) The Price once accepted by the Excise Directorate, GoWB shall remain valid till the

successful execution of the order and till the supplies are fully effected and accepted. The Excise Directorate, GoWB shall not entertain any increase or decrease in the rates during the period of execution.

b) The Price quoted shall be the net per one thousand Holograms and the net per one thousand Paper Labels and shall include all charges for delivery at the office of the Officer-in-Charge (Holograms), appointed by the Excise Commissioner, Excise Directorate, GoWB.

c) The Sales Tax/VAT shall be extra as applicable under West Bengal VAT Act.

The price quoted are firm during the entire period of execution irrespective of date of completion and not subject to any price adjustment as per in line with the Bid documents. The price and others terms & conditions will remain valid for a period of 180 (One hundred eighty) days from the date of price bid opening and it shall remain binding upon us for acceptance at any time before the expiry of the period. We further declare those prices quoted in our proposal are in accordance with Bid document.

We confirm that our bid prices include all other taxes and duties and levies applicable on bought out components, materials, equipments and other items and confirm that any such taxes, duties and levies additionally payable shall be to our account

This Financial Proposal and all other details furnished by us shall constitute a part of our offer. We understand that you are not bound to accept the lowest or any bid you receive.

We have carefully read the entire set of RFP Document and in token of having accepted all the terms and conditions therein.

We agree to bind by this offer if we are the selected bidder.

For and on behalf of :

Signature :

Name :

Designation with Seal :

Authorized Representative and Signatory of the Bidding Company :

Lead Member :


Designation :

99

Seal :

100

Exhibit 6: Format for Integrity Pact

Integrity Pact

A. Whereas the Excise Directorate, GoWB having its registered office at, 32 B. B. Ganguly Street, Kolkata 700012, India, represented by the Excise Commissioner, hereinafter referred to as the Principal and the first party, proposes to award Purchase Order/Works Contract for

______________________________________________________________________________________________________________________________________________

and M/S ___________________________________________

represented by, Chief Executive Officer/Managing Director (which term, unless expressly indicated by the contract, shall be deemed to include its successors and its assignee), hereinafter referred to as the Bidder and the second party, is willing to offer/has offered the services.

B. Whereas the Bidder is a private company/public company/partnership/ registered export agency, constituted in accordance with the relevant law in the matter and the Principal is a Department under Government of West Bengal.

Objectives:

C. Now, therefore, the Principal and the Bidder agree to enter into this pre-contract agreement, hereinafter referred to as Integrity Pact, to avoid all forms of corruption by following a system that is fair, transparent and free from any influence / unprejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:

a. Enabling the Principal to obtain the desired product at a competitive price in accordance with the specifications by avoiding the high cost and the distortion impact of corruption on public procurement, and

b. Enabling bidder to abstain from bribing or any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also refrain from bribing and other corrupt practices and the Principal will commit to prevent corruption in any form by their officials by following transparent procedures.

Commitments of the Principal:

D. The Principal commits itself to the following:

a. The Principal undertakes that no official of the Principal, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favor or any material or immaterial benefit or any other advantage from the Bidder, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the Contract.

b. The Principal will, during the pre-contract stage, treat all Bidders alike, and will provide to all Bidders the same information and will not provide any such information to any particular Bidder which could afford an advantage to that particular bidder in comparison to other bidders.

c. All the officials of the Principal will report to the Management any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach. No

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employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of contract, demand, take a promise for or accept, for self or third person, any material benefit which the person is not legally entitled to.

E. In case any such preceding misconduct on the part of such official (s) is reported by the Bidder to the Principal, with full and verifiable facts and the same is prima facie found to be correct by the Principal, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the Principal and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the Principal the proceedings under the contract would not be stalled.

Commitments of Bidder:

F. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commits himself to the following:

a. The Bidder will not offer, directly or through intermediaries, any bribe, consideration, gift, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the principal, connected directly or indirectly with bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the Contract.

b. The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Principal or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the Contract or any other Contract with the Principal for showing or forbearing to show favor or disfavor to any person in relation to the Contract or any other Contract with respect to the Principal's Organization.

c. The Bidder will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

d. The Bidder will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.

e. The Bidder confirms and declares to the Principal that it has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the Principal, or any of its functionaries, whether officially or unofficially to the award of the contract to the Bidder; nor has any amount been paid, promised or intended to be paid to any such individual, firm or Company in respect of any such intercession, facilitation or recommendation.

f. The Bidder, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the Principal or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon f or such payments.

g. The Bidder shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details; including information contained in

102

any electronic data carrier. The Bidder also undertakes to exercise due and adequate care lest any such information is divulged.

h. The Bidder commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.

i. The Bidder shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.

G. Previous Transgression:

a. The Bidder declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged herein or with any Public Sector Enterprise in India or any Government Department in India, that could justify bidders' exclusion from the tender process.

b. If the Bidder makes incorrect statement on this subject, Bidder can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

H. Integrity Pact Bank Guarantee (IPBG)

a. Every bidder, while submitting commercial bid, shall submit an Integrity Pact Bank Guarantee for an amount of # in favor of the Principal in Indian Rupees only.

i. Guarantee will be from an Indian Nationalized Bank / ICICI Bank Ltd/ Axis Bank Ltd/ HDFC Bank Ltd, promising payment of the guaranteed sum to the principal, on demand within three working days without any demur whatsoever and without seeking any reasons whatsoever. The demand for payment by the principal shall be treated as conclusive proof for payment. A model Bank Guarantee format is enclosed in Appendix-1.2.

# The amount of Integrity Pact Bank Guarantee is 25 lakhs.

b. The Integrity Pact Bank Guarantee (IPBG) shall be valid upto and including 45days after the validity of commercial offer. However, Bidders will be required to extend the Integrity Pact Bank Guarantee, as and when required by the Principal. In the case of the successful Bidder, validity of the integrity Pact Bank Guarantee will be extended upto the satisfactory completion of the contract. Integrity Pact Bank Guarantee shall be returned promptly in case of unsuccessful bidders.

c. In the case of successful Bidder a clause would also be incorporated in the Article pertaining to performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the principal to forfeit the same without assigning any reason for imposing Sanction for violation of this Pact.

d. The provisions regarding sanctions for violation in Integrity Pact include forfeiture of Performance Bond in case of decision by the Principal to forfeit the same without assigning any reason for imposing sanction for violation of Integrity Pact.

e. No interest shall be payable by the principal to the Bidder(s) on earnest Money/ Security Deposit for the Period of its Currency.

I. Company Code of Conduct:

a. Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes and other unethical behavior) and a compliance program for the implementation of the code of conduct throughout the company.

103

J. Sanctions for Violation:

a. Any breach of the aforesaid provisions by the bidder or any one employed by him or acting on the behalf (whether with or without the knowledge of the bidder) or the commission of any offence by the bidder or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act 1988 or any other act enacted for the prevention of corruption shall entitle the Principal to take all or any one of the following action, wherever required:

i. To immediately call off the pre-contract negotiations without assigning any reason or giving any compensation to the bidder and to impound any earnest money deposit, if made by the bidder. However the proceedings with the other bidder(s) would continue.

ii. The Earnest Money / Security Deposit shall stand forfeited either fully or partially, as decided by the Principal and the Principal shall not be required to assign any reason therefore.

iii. To immediately cancel the contract, if already signed without giving any compensation to the bidder.

iv. To recover all sums already paid by the Principal, and in case of an Indian bidder with interest thereon at 2% higher than the prevailing Prime Lending Rate, while in case of a Bidder from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due by the Principal to the bidder in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest.

v. To encash the bank guarantee and performance bond/warranty bond, if furnished by the bidder, in order to recover the payments, already made by the Principal, along with interest.

vi. To cancel all or any other Contracts with the bidder.

vii. To debar the bidder from entering into any bid from the Principal for a minimum period of five years, which may be further extended at the discretion of the Buyer.

viii. To recover all sums paid in violation of this pact by the Bidder(s) to any middleman or agent or broker with a view to securing the contract.

ix. If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either directly or indirectly, is closely related to any of the officers of the principal, or alternatively, if any close relative of an officer of the Principal has financial interest/ stake in the Bidder's firm, the same shall be disclosed by the Bidder at the time of filing of tender. Any failure to disclose the interest involved shall entitle the Principal to rescind the contract without payment of any compensation to the Bidder.

x. The term 'close relative' for this purpose would mean spouse whether residing with the Principal's employee or not, but not include a spouse separated from the Principal's employee by a decree or order of a competent court; son or daughter or step son or step daughter and wholly dependent upon Principal's employee, but does not include a child or step child who is no longer in any way dependent upon the Principal's employee or of whose custody the Principal's employee has been deprived of by or under any law; any other person related, whether by blood or marriage, to the Principal's employee or to the Principal's employee's wife or husband and wholly dependent upon Principal's employee.

104

xi. The Bidder shall not lend to or borrow any money from or enter into any monetary

dealings or transactions, directly or indirectly, with any employee of the Principal, and if he does so, the Principal shall be entitled forthwith to rescind the contract and all other contracts with the Bidder. The Bidder shall be liable to pay compensation for any loss or damage to the principal resulting from such rescission and the Principal shall be entitled to deduct the amount so payable from the money(s) due to the Bidder.

xii. In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Principal with the Bidder, the same shall not be opened.

b. The decision of the Principal or his nominee to the effect that the Bidder has committed breach of the provisions of this Integrity Pact shall be final and binding on the Bidder, however the Bidder can approach monitor (s) appointed for the purpose of this Pact as per the clause mentioned in this Pact agreement.

K. Fall clause:

a. The Bidder undertakes that he has not supplied/is not supplying the similar systems or subsystems at a price lower than that offered in the present bid in respect of any other Public Sector undertakings and if it is found at any stage that the similar system or subsystem was supplied by the Bidder to any other Public Sector undertakings at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the Bidder to the principal, if the contract has already been concluded

L. Independent External Monitor(s):

a. The Principal can appoint Independent External Monitor for this Pact if required in consultation with Central Vigilance Commission. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He will convey his observations to the Excise Commissioner, Excise Directorate, GoWB.

b. The Bidder accepts that the Monitor has the right to access without restriction to all project documentation of the Principal including that provided by the Bidder. The Bidder will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under obligation to treat the information and documents of the Bidder(s) / Contractor(s) / Subcontractor(s) with confidentiality.

c. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action.

d. The Principal reserves the right to refer a particular case to any other approved Independent External Monitor(s) as and when felt necessary. In such an event, the IEM nominated shall examine the case jointly with those whom the case is referred to.

M. Examination of Books of Accounts:

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In case of any allegation of violation of any provisions of this Integrity Pact to the satisfaction of the Principal, the Principal or its agencies shall be entitled to examine / investigate the Books of Accounts of the Bidder and the Bidder shall provide necessary information of the relevant financial documents in English and shall extend all possible help for the purpose such examination / investigation.

N. Law and Place of Jurisdiction:

This Pact is subject to Indian Law. The place of performance and Jurisdiction is the Excise Directorate, GoWB office of the Principal at Kolkata.

O. Other Legal Actions:

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

P. Validity:

a. The validity of this Integrity Pact shall be from date of its signing and extend till the complete execution of the contract to the satisfaction of both the Bidder and the principal.

b. Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

Q. The Parties hereby sign this Integrity Pact at ________________ on ___________

Excise Directorate, GoWB, BIDDER Government of West Bengal

Excise Commissioner Chief Executive Officer/MD

Witness Witness

1. _________________________ 1. ___________________________

__________________________ ___________________________

2. _________________________ 2. ___________________________

_________________________ ___________________________

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Exhibit 7: Letter of Acceptance

(The Letter of Acceptance is to be submitted by the Bidding Company on their respective Letter Heads.)

Date:

Place:


Dear Sir,

Sub: Selection of "Bidder" for Manufacturing & Supply of High Security Holograms with Barcode based Electronic Supply Chain Management System of Bottled Liquor in West Bengal on BOOT basis.

This has reference to the Bid being submitted by ___________________(mention the name of the Bidding Company), in respect of Selection of "Bidder" for Manufacturing & Supply of High Security Holograms along with Barcode based Electronic Supply Chain Management System of Bottled Liquor in West Bengal on BOOT basis, in response to the Request for Proposal (RFP) Document issued by WTL on behalf of the Excise Directorate, GoWB dated ____________.

We hereby confirm the following:

1. We __________________________ (Name of the Bidding Company furnishing the Letter of Acceptance), have examined in detail and have understood and satisfied ourselves regarding the contents including in respect of the following:

b. The RFP Document issued by Webel Technology Limited on behalf of Excise Directorate, GoWB;

c. All subsequent communications between Webel Technology Limited and the Bidder, represented by_________________________ (Mention name of the Bidding Company).

d. The Bid being submitted by ______________________ (name of the Bidding Company).

2. We have satisfied ourselves regarding our role as (here give a brief description of the role) in the Manufacture & Supply of High Security Holograms along with Barcode based Electronic Supply Chain Management System of Bottled Liquor in West Bengal as specified in the Bid.

3. If the Bidding Company is awarded the Manufacture & Supply of High Security Holograms along with Barcode based Electronic Supply Chain Management System of Bottled Liquor in West Bengal,we shall perform our role as outlined in the Bid to the best of our abilities. We have examined the Bid in detail and the commitments made in the same. We agree and undertake to abide by the Bid and the commitments made therein.

4. We authorize ________________________(Name of the Lead Member of the Bidding Company), as the Lead Member and authorize the same to perform all tasks including, but not limited to providing information, responding to enquiries, entering into contractual commitments etc., in respect of this

107

Manufacture & Supply of High Security Holograms along with Barcode based Electronic Supply Chain Management System of Bottled Liquor in West Bengal.


Signature :

Name :

Designation :

Designated Authorized Signatory of respective Bidding Company:


Designation :

Signature :

108

Exhibit 8: Pro forma for Pre-Bid Queries

Sr. No.

Section No.

Clause No.

Page No.

Queries

1

2

3

4

5


Signature :

Name :

Designation :



Designation :

Signature :

109

Exhibit 9: Document Submission Checklist

Sl. No.

Document Name Enclosed

(Yes / No)

Page No.

1 Company Profile of the bidder with Memorandum of Article of Association

2 Memorandum of Article of Association or Partnership Deed or Relevant Legal document

3 Earnest Money Deposit in the form of bank draft drawn in favor of Webel Technology Limited payable at Kolkata as per eligibility criteria

4 Bid Form as per the format

5 Photocopy of VAT

6 Photocopy of Service Tax

7 Photocopy of PAN

8 Photocopy of Trade License

9 Photocopy of Audited balance sheet for last three financial years:

FY 2009-10

FY 2010-11

FY 2011-12

10 Photocopy of CA certified balance sheet of hologram manufacturing business for last three financial years:

FY 2009-10

FY 2010-11

FY 2011-12

11 Financial Capability of Bidder

12 Power of Attorney of Authorization for signing the bid in Rs.100.00 Non Judicial Stamp Paper

13 Original Tender document duly Stamped & Signed on all pages by the bidder

14 Detailed Maintenance Support Plan

15 Photocopy of Quality Certificate as per Eligibility Criteria

16 Proof of High Security Hologram Production

17 Proof of machinery and manpower

18 Technical Capability Statement

19 Bidder’s Details

20 List of Clients for with successful completion certificate / Performance Certificate

21 Technical Bid

110

22 Pilot Approach & Methodology

23 Price Bid


Signature :

Name :

Designation :



Designation :

Signature :

111

Annexure 1 - Draft Service Agreement The Excise Directorate, GoWB and WTL intend to sign an Agreement with the successful Bidder for the implementation of “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project, which also includes a schedule on Service Level Agreement (SLA). Given below is a draft of the Service Agreement, any changes required to be made to the draft shall be communicated to all the bidders.

Master Service Agreement (SERVICE AGREEMENT)

This MASTER SERVICE AGREEMENT (SERVICE AGREEMENT) is made on this day of ______ two Thousand and _______ , by and between:

• The Excise Directorate, Government of West Bengal, with its office at 32, B. B. Ganguly Street, Kolkata - 700012, West Bengal, (hereinafter called the “Excise Directorate, GoWB”, which expression, unless repugnant to the context or meaning thereof, shall mean and include its successors and assignees), of the First Party of the FIRST PART

AND

• Webel Technology Limited, a Government of West Bengal undertaking, with its registered office at Webel Bhavan, Block EP&GP, Sector V, Salt Lake, Kolkata - 700091, West Bengal (hereinafter called "WTL", which expression, unless repugnant to the context or measuring thereof, shall mean and include its successors and assignees), of the Second Party of the FIRST PART

AND

• ___<name of the company>__ , a Hologram Manufacturing Company registered under the Companies Act, 1956 having its registered office at _______________ represented by _______________ (hereinafter referred to as the “Project Company” or “PC”, which expression, unless repugnant to the context or meaning thereof, shall mean and include its successors and permitted assigns) represented by its <designation and name of authorized person>, who is duly authorized by the “Project Company” to execute this Agreement, of the SECOND PART.

RECITALS

WHEREAS

• “Excise Directorate, GoWB” intends to enable “High Security Holograms with Barcode Based Electronic Supply Chain Management System” for bottled liquor (as defined hereinafter) involving, inter alia, manufacturing, printing, marking/numbering & supply of “High Security Holograms” with 2D Barcode and labels with 1D Linear Barcode for liquor sales in West Bengal on BOOT basis, with the ultimate objective of providing all excise related services to the Government, stakeholders and citizens, (as defined hereinafter) in an efficient, convenient and transparent manner;

• "WTL", on behalf of “Excise Directorate, GoWB”, undertook selection of a suitable bidder, adopting an open tender process, through competitive bidding for implementing the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project and issued a Request for Proposal ("RFP");

• The “Project Company” has been selected as the successful bidder to undertake the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project, involving manufacturing, printing, marking/numbering & supply of “High Security Holograms” with 2D Barcode and labels with 1D Linear Barcode for liquor sales in West Bengal on BOOT basis, for the development of the solution, roll out and maintenance to achieve the defined objectives as mentioned in this RFP and desired service levels for the proposed project;

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• “Excise Directorate, GoWB” intends to accord to the “Project Company” the mandate to undertake and

implement the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project on the terms and conditions set forth below;

• The “Project Company” in pursuance of its Proposal No. ___ dated ("Proposal") undertakes to implement the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” stated hereinabove;

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS HEREBY AGREED BETWEEN THE PARTIES:

“Excise Directorate, GoWB”, "WTL" and the “Project Company” (each individually a "Party" hereto and collectively the "Parties") have agreed to enter into this “SERVICE AGREEMENT” to govern the way in which the “Project Company” shall design, develop, implement, manage and maintain the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” under this “SERVICE AGREEMENT” and the Service Level Agreement ("SLA").

• Definitions & Interpretation

• Definitions In this SERVICE AGREEMENT, unless the context requires otherwise:

• "Agreement" means this Master Service Agreement together with the Service Level Agreement and the contents and specifications set out in all the volumes of the RFP; which constitute an integral and inseparable part of the Agreement.

• "Applicable Laws" includes all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, court or other quasi-judicial authority;

• "Bespoke Software" means the software designed, developed, tested and deployed by the “Project Company” for the specific and exclusive purposes of rendering the Services to the Stakeholders of the Project and includes the source code along with associated documentation, which is the work product of the development efforts involved in the Project and the improvements and enhancements effected during the term of the Project, but does not include third party software products (except for the customization components on such products), proprietary software components and tools deployed by the “Project Company”, and which, i.e., the bespoke software, shall be solely owned by “Excise Directorate, GoWB”;

• "Confidential Information" means all information including Project Data (whether in written, oral, electronic or other format) which relates to the technical, financial and business affairs, customers, suppliers, products, developments, operations, processes, data, trade secrets, design rights, know-how and personnel of each Party and its affiliates which is disclosed to or otherwise learned by the other Party (whether a Party to this SERVICE AGREEMENT or to the SLA) in the course of or in connection with this SERVICE AGREEMENT (including without limitation such information received during negotiations, location visits and meetings in connection with this SERVICE AGREEMENT or to the SLA);

• "Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of any entity, whether through the ownership of voting securities, by contract or otherwise;

• "Data Centre" or "DC" means the primary centre where data, software, computer systems and associated components, such as telecommunication and storage systems, redundant or backup power

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supplies, redundant data communications, environment controls and security devices are housed and operated from;

• "Disaster Recovery Centre" or "DRC" means the centre that is designed to act as the Data Centre on occurrence of a disaster / non-functioning of the DC;

• "Deliverables" means the products, infrastructure and services required to be delivered by the “Project Company” in pursuance of the Agreement as defined more elaborately in Volumes I and II of the RFP in relation to the Project Implementation Phase and the Operations and Maintenance Phase and includes all documents related to the solution, user manual, business designs, training materials, technical manual, design, process and operating manuals, service mechanisms, policies and guidelines and source code and all respective modifications;

• "Effective Date" means the date on which the SERVICE AGREEMENT is signed by both the Parties;

• “Project Company Proprietary Information" shall mean Proprietary Information of the “Project Company” and shall include all modifications, enhancements and other derivative works of such “Project Company”;

• "Implementation Sites" or "Project Locations" shall mean any or all the locations (including DC and DRC), where “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project is to be implemented by “Project Company” pursuant to the Agreement;

• "Intellectual Property Rights" means and includes all rights in the Bespoke Software, its improvements, upgrades, enhancements, modified versions that may be made from time to time, database generated, compilations made, source code and object code of the software, the said rights including designs, copyrights, trademarks, patents, trade secrets, moral and other rights therein;

• "Listed Assets" means entire hardware and software, network or any other information technology infrastructure components which are to be purchased by the “PC” for and on behalf of Project Director, in the name of “Excise Directorate, GoWB”.

• "Material Adverse Effect" means material adverse effect on (a) the ability of the “PC” to perform / discharge any of its duties/obligations under and in accordance with the provisions of this SERVICE AGREEMENT and/or SLA; and/or (b) the legal validity, binding nature or enforceability of this SERVICE AGREEMENT and/or the SLA.

• "Operations and Maintenance" or "O&M" means the services to be rendered, as per the SLA, during the period commencing from the "Go-Live date" till the expiry or termination of the Master Service Agreement;

• "Operations and Maintenance Phase" means the phase in which O&M is to be carried out by the “PC”.

• "PBG" or "Performance Guarantee" or "Performance Bank Guarantee" shall mean an unconditional and irrevocable bank guarantee provided by a Nationalized Bank to Project Director on behalf of the “Project Company” amounting to “10% of the Estimated Annual Value of Work Order / Project”, pursuant to the Agreement. The Performance Guarantee shall be valid for a period Sixty (66) Months after the Go-Live date, unless extended pursuant to the Agreement;

• “PMU" means Project Monitoring Unit that would work as the extended arm of Excise Department to implement the project. It would be primarily responsible for supporting Government in supervising, monitoring and evaluating the development and implementation of the project at the State level.

• "Project Assets" or "Assets" shall mean to include (i) Listed Assets and (ii) entire hardware and software, network or any other information technology infrastructure components used for the Project

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and other facilities leased / owned by the “Project Company” to be used for the delivery of the Services pursuant to the Agreement.

• "Project Data" means all proprietary or other data of the Project generated out of the Project operations and transactions, documents and related information including but not restricted to user data which the “Project Company” obtains, possesses or processes in the context of providing the Services to the users pursuant to this SERVICE AGREEMENT and the SLA;

• "Project Implementation" means the implementation of “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project as per the testing standards and acceptance criteria prescribed in the Agreement;

• "Project Implementation Phase" means the period between the Effective Date and the Go-Live date;

• "Project Implementation Completion Date" / "Go-Live Date" means the date on which the proposed “ESCMS” is completely operational as per the functional, technical and operational requirements specified in this RFP and all the acceptance tests & certifications are successfully concluded to the satisfaction of the Excise Directorate, GoWB and WTL;

• "Proprietary Information" means processes, methodologies and technical and business information, including drawings, designs, formulae, flow charts, data and computer programs already owned by party recreates or granted by third parties to a Party hereto prior to its being made available under this SERVICE AGREEMENT, or the SLA;

• "Project Proprietary Information" shall mean proprietary information of the “Excise Directorate, GoWB” provided to the “Project Company” for providing the Services and include all modifications, enhancements and other derivative works of such Project Proprietary Information arising as a result of Services rendered by the Implementing Agency;

• "RFP" or "Request for Proposal" means the documents containing the Technical, Functional, Operational, Commercial and Legal specifications terms and conditions for the implementation of the Project and includes the clarifications, explanations and amendments issued by WTL, on behalf of “Excise Directorate, GoWB” from time to time;

• "Replacement Project Company” means any third party that “Excise Directorate, GoWB” may appoint to replace the “Project Company” upon expiry of the Term or Termination of this SERVICE AGREEMENT or the SLA to undertake the Services or part thereof;

• "Service Level" means the level of service and other performance criteria which will apply to the Services as set out in Schedule-VIII on SLA;

• "Service Level Agreement" or "SLA" means the Agreement on service levels between “Project Company” and “Excise Directorate, GoWB” and "WTL", in terms of the Service Level requirements as per the model set out in Schedule-VIII of this SERVICE AGREEMENT;

• "Services" means the services to be rendered during the project execution including but not limited to the services to be delivered to the Stakeholders, seeking information with respect to liquor sale and distribution, procured, installed, managed and operated by the “Project Company” including the tools of information and communications technology;

• "Stakeholders" means the Key Important Stakeholders and other Stakeholders, as defined in this RFP and the Citizens of India;

• “Project Company (PC)” means the agency selected by the states which is responsible for designing, development, implementation, enhancement and maintenance of project system solution in close coordination with the PMU (“PC” selected through this RFP).

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• “High Security Holograms with Barcode Based Electronic Supply Chain Management System” for

bottled liquor or "Project" means the project involving manufacturing, printing, marking/numbering & supply of “High Security Holograms” with 2D Barcode and labels with 1D Linear Barcode along with ESCMS for liquor sales in West Bengal on BOOT basis, across all the locations of “Excise Directorate, GoWB” as per terms and conditions laid down in the RFP in conformance to SLA;

Ambiguity and Discrepancy:

In case of ambiguities or discrepancies within the Agreement, the following shall apply:

• Between two Articles of this SERVICE AGREEMENT, the provisions of specific Articles relevant to the issue under consideration shall prevail over those in other Article;

• Between the dimension scaled from the Design and Drawings and its specific written dimension, the latter shall prevail;

• Between any value written in numerals and that in words, the latter shall prevail; and

• Between the provisions of this SERVICE AGREEMENT and any other documents forming part of the Agreement, the former shall prevail.

Structure

This SERVICE AGREEMENT shall operate as a legally binding services agreement for the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project specifying the master terms which apply to the Parties under this SERVICE AGREEMENT and to the provision of the Services by the “Project Company”.

Conditions Precedent

Conditions Precedent for the Project Implementation Phase

Subject to express terms to the contrary, the rights of the “Project Company” in respect of the Project Implementation Phase shall be effective only upon fulfillment of all the conditions precedent set out in this Article 1.3.1 ("Conditions Precedent for the Project Implementation Phase"). However, “Excise Directorate, GoWB”, may at any time at its sole discretion waive fully or partially any of the aforesaid conditions precedent for the “Project Company”. The following conditions precedent need to be fulfilled by the “Project Company”:

• Provide Performance Bank Guarantee specified in Section 4.7.5 of the RFP, in the form of a Bank Guarantee as specified in (PBG format is set forth in the Appendix section, Exhibit 3 of this RFP), to “Excise Directorate, GoWB”;

• Provide “Excise Directorate, GoWB” certified true copies of its constitutional documents and board resolutions authorizing the execution, delivery and performance of this SERVICE AGREEMENT and the SLA;

Conditions Precedent for the Operations and Maintenance Phase

Subject to express terms to the contrary, the rights of the “Project Company” in respect of the Operations and Maintenance Phase shall be effective only upon fulfillment of all the conditions precedent set out in this Article 1.3.2 ("Conditions Precedent for the Operations and Maintenance Phase"). However, “Excise Directorate,

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GoWB”, may at any time at its sole discretion waive fully or partially any of the aforesaid conditions precedent for the “Project Company”.

The following conditions precedent need to be fulfilled by the “Project Company”:

• The “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project is designed, developed, tested, audited and certified in accordance with respective provisions of the RFP;

• The IT and Non-IT infrastructure is established in the form of Data Centre, Disaster Recovery Centre and the Networks as required;

• The ownership of the assets namely, Data Centre, Application Software (i.e. the solution and Bespoke Software including the source code) and System Software ( in the form of licenses obtained in favour of “Excise Directorate, GoWB”) is passed on to “Excise Directorate, GoWB” within a period of 15 days from the date of certification of such assets by the 3rd Party appointed by “Excise Directorate, GoWB”; and;

Non-fulfillment of Conditions Precedent for the Project Implementation Phase

• In the event that any of the Conditions Precedent for the Project Implementation Phase has not been fulfilled within 30 days of the Effective Date and the same has not been waived by the “Excise Directorate, GoWB” fully or partially, this SERVICE AGREEMENT shall stand terminated as of that date, at the sole option of “Excise Directorate, GoWB”.

• Notwithstanding anything contained to the contrary, in the event of termination of this SERVICE AGREEMENT, on account of non-fulfillment of the Conditions Precedent for the Project Implementation Phase, “Excise Directorate, GoWB” shall not be liable in any manner whatsoever to the “Project Company” and “Excise Directorate, GoWB” shall forthwith invoke the Performance Guarantee. Such termination and forfeiture shall be without prejudice or other rights of “Excise Directorate, GoWB” under law or Agreement.

• In the event that vacant possession of any of the Project Facilities and/or Project Data has been delivered to the “Project Company” prior to the fulfillment of all of the Conditions Precedent for the Project Implementation Phase, upon the termination of this SERVICE AGREEMENT such possession shall immediately revert to “Excise Directorate, GoWB”, free and clear from any encumbrances or claims.

• Instead of terminating this SERVICE AGREEMENT as provided in Article 1.3.3 (a) above, “Excise Directorate, GoWB”, may extend the time for fulfilling the Conditions Precedent and the milestones set out in this SERVICE AGREEMENT. It is clarified that any extension of time shall be subject to imposition of agreed liquidated damages on the “Project Company” linked to the delay in achieving the milestone.

Non-fulfillment of Conditions Precedent for the Operation and Maintenance Phase

• In the event that any of the Conditions Precedent for the Operation and Maintenance Phase has not been fulfilled within 30 days of the Effective Date and the same has not been waived by “Excise Directorate, GoWB” fully or partially, this SERVICE AGREEMENT shall stand terminated as of that date, at the sole option of “Excise Directorate, GoWB”;

• Notwithstanding anything contained to the contrary, in the event of termination of this SERVICE AGREEMENT, on account of non-fulfillment of the Conditions Precedent for the Operation and Maintenance Phase, “Excise Directorate, GoWB” shall not be liable in any manner whatsoever to the “Project Company” and “Excise Directorate, GoWB” shall forthwith invoke the Performance Guarantee and forfeit the guaranteed amount. Such termination and forfeitures shall be without prejudice or other rights of “Excise Directorate, GoWB” under law or Agreement.

• In the event that vacant possession of any of the Project facilities and/or Project Data has been delivered to the “Project Company” prior to the fulfillment of Conditions Precedent for the Operation and Maintenance Phase, upon the termination of this SERVICE AGREEMENT such possession shall immediately revert to

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“Excise Directorate, GoWB”, free and clear from any encumbrances or claims. with the terms set out in this SERVICE AGREEMENT.

• No Party to this SERVICE AGREEMENT or the SLA will at any time perform, or omit to perform, any act which they are aware, at the time of performance, will place the other Party in default under any insurance policy, mortgage or lease, governing activities at any location provided by “Excise Directorate, GoWB”.

• The Payment Recovery on BOOT basis to “Project Company” set out in Terms of Payment Schedule (Schedule-V of SERVICE AGREEMENT) shall constitute “Project Company‟s” sole remuneration in connection with the services rendered under this Agreement. “Project Company” shall not accept for its own benefit any trade commission, discount or similar payment in the discharge of its obligation hereunder. The “Project Company” shall ensure that its personnel, agents, consultants etc. similarly shall not receive any such additional remuneration, except those expressly permitted in this RFP. “Project Company” shall at all times perform its responsibilities hereunder in the best interest of “Excise Directorate, GoWB”. Any discount or commissions obtained by “Project Company” in exercise of its responsibilities hereunder, whether from suppliers, vendors, contractors, or any third parties shall be to the account of “Excise Directorate, GoWB”

• “Project Company” shall not engage and shall also cause its personnel, agents, consultants, contractors and their personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict, with the activities assigned to “Project Company” or them under or pursuant to this Agreement. “Project Company” undertakes not to accept any other Assignment that, by its nature, may be in conflict with its obligations under this Agreement.

• “Project Company” shall perform the Services and carry out its obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and sound management practices in the IT industry. “Project Company” further covenants with “Excise Directorate, GoWB” to furnish its best skill, care, diligence, and judgment in the rendition of Services under this Agreement which shall be no less than that exercised by a service provider of good reputation performing work for projects of a size, scope and complexity similar to the Project and to further the interest of “Excise Directorate, GoWB” at all times through efficient Business Administration and IT Practices.

• “Project Company” acknowledges the relationship of trust and confidence established between “Project Company” and “Excise Directorate, GoWB” by this Agreement. Accordingly, “Project Company's” acts shall always be consistent with this relationship. “Project Company” shall always act, in respect of any matter relating to this Agreement, as an honest and faithful service provider to “Excise Directorate, GoWB”. “Project Company” shall, at all times, support and safeguard the Excise Directorate, GoWB’s legitimate interests in any dealings with the contractors, vendors, or other third parties.

Scope of “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project

Scope of Project

This SERVICE AGREEMENT shall govern the provision of the Services by the “Project Company”, listed hereunder and more fully described in this RFP, in conformance with the SLA, to all the Stakeholders. It is anticipated that new or renewal agreements may be undertaken by creating a separate SLA, with schedules and exhibits as required, under this SERVICE AGREEMENT.

A detailed description of the scope of work is given in the RFP. The time frame, within which the various activities and tasks relating to the scope of work have to be executed, is given in Schedule-VIII of the SERVICE AGREEMENT. The “PC” shall strictly adhere to the schedule for implementation of the Project".

Period of Contract 118

The SERVICE AGREEMENT shall come into effect on the Effective date and shall continue for a period of 5 years from the "Go-Live" date of the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project at all the Implementation Sites, unless terminated earlier in accordance with the terms of this SERVICE AGREEMENT ("Term"). However, “Excise Directorate, GoWB” may choose to extend the Term for further period of up to 5 years, with all the terms and conditions being the same as for original Term. A fresh tender shall be called at the end of the Term/ extended term.

Scope and Provision of the Services

• The provision of Services to the Stakeholders with certainty and speed is of the essence of the Agreement between the Parties.

• The “Project Company” represents that it is a competent and efficient provider of a holograms with Barcode Based Electronic Supply Chain Management System, variety of information technology and business process management services. The “Project Company” shall keep abreast of the relevant technical, managerial and operational requirements applicable to the provision of the services and best practices in this area and shall share their knowledge with the “Excise Directorate, GoWB”, regarding matters which would assist the stakeholders, in their use of the services, provided that “Project Company” shall not be obligated to share other client information or confidential information of the “Project Company” not relevant to the Agreement.

• The Services shall be performed by the “Project Company” strictly as per the SLA as detailed in Schedule-VII of this SERVICE AGREEMENT.

• The “Project Company” shall perform the services (a) in a good professional manner commensurate with the highest industry and technical standards which are in effect for international projects and innovations pursuant thereon similar to those contemplated by the Agreement, (b) so as to comply with the applicable Service Levels, in accordance with the terms set out in this SERVICE AGREEMENT and the terms of SLA as specified in Schedule-VII of this Agreement.

• No party to this SERVICE AGREEMENT or the SLA will at any time perform, or omit to perform, any act which they are aware, at the time of performance, will place the other Party in default under any insurance policy, mortgage or lease, governing activities at any location provided by “Excise Directorate, GoWB”.

• The Payment Recovery on BOOT basis to “Project Company” set out in Terms of Payment Schedule (Schedule-V of SERVICE AGREEMENT) shall constitute “Project Company’s” sole remuneration in connection with the services rendered under this Agreement. “Project Company” shall not accept for its own benefit any trade commission, discount or similar payment in the discharge of its obligation hereunder. The “Project Company” shall ensure that its personnel, agents, consultants etc. similarly shall not receive any such additional remuneration, except those expressly permitted in this RFP. “Project Company” shall at all times perform its responsibilities hereunder in the best interest of “Excise Directorate, GoWB”. Any discount or commissions obtained by “Project Company” in exercise of its responsibilities hereunder, whether from suppliers, vendors, contractors, or any third parties shall be to the account of “Excise Directorate, GoWB”

• “Project Company” shall not engage and shall also cause its personnel, agents, consultants, contractors and their personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict, with the activities assigned to “Project Company” or them under or pursuant to this Agreement. “Project Company” undertakes not to accept any other Assignment that, by its nature, may be in conflict with its obligations under this Agreement.

• “Project Company” shall perform the Services and carry out its obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and sound management practices. “Project Company” further covenants with “Excise Directorate, GoWB” to furnish its best skill, care, diligence, and judgment in the rendition of Services under this Agreement which shall be

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no less than that exercised by a service provider of good reputation performing work for projects of a size, scope and complexity similar to the Project and to further the interest of “Excise Directorate, GoWB” at all times through efficient Business Administration and Best Practices.

• “Project Company” acknowledges the relationship of trust and confidence established between “Project Company” and “Excise Directorate, GoWB” by this Agreement. Accordingly, “Project Company's” acts shall always be consistent with this relationship. “Project Company” shall always act, in respect of any matter relating to this Agreement, as an honest and faithful service provider to “Excise Directorate, GoWB”. “Project Company” shall, at all times, support and safeguard the “Excise Directorate, GoWB”‟s legitimate interests in any dealings with the contractors, vendors, or other third parties.

Approvals and required Consents

• The Parties will cooperate reasonably to obtain, maintain and observe all relevant and customary regulatory and governmental licenses, clearances and applicable approvals (hereinafter the "Approvals") necessary for the “Project Company” to undertake implementation of the “HIGH SECURITY HOLOGRAMS WITH BARCODE BASED ELECTRONIC SUPPLY CHAIN MANAGEMENT” Project and provide the Services. The costs of such Approvals shall be borne by the Project Company.

• Both Parties will give each other all co-operation and information reasonably required to meet their respective obligations under the Agreement.

• “Excise Directorate, GoWB” shall use reasonable endeavors to assist “Project Company” in obtaining the approvals. In the event that any approval is not obtained, the “Project Company” and “Excise Directorate, GoWB” will co-operate with each other in achieving a reasonable alternative arrangement as soon as reasonably practicable for the “Excise Directorate, GoWB” and the “PC” shall continue its work with as minimal interruption to its business operations as is commercially reasonable until such approval is obtained. The “Project Company” shall be relieved of its obligations to provide the Services and to achieve the Service Levels until the approvals are obtained if and to the extent that the “PC's” obligations are dependent upon such approvals provided the delay in such approval is caused for reasons not attributable to the “PC”.

Use and Acquisition of Project Assets

Procurement of Listed Assets

• The “PC” shall conduct proper testing and analysis of the Listed Assets to ensure that they fulfill the requirements of the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project, pursuant to the Agreement.

• The “PC” shall submit the testing results, its analysis and its own recommendation about the Listed Assets to “Excise Directorate, GoWB” for approval.

• After obtaining the required approval from “Excise Directorate, GoWB”, the “PC” shall purchase the proposed Listed Assets from the vendors of repute, on behalf of “Excise Directorate, GoWB”.

• The “PC” shall ensure that all the Listed Assets comply with all the requirements pursuant to the Agreement.

Use of the Project Assets

During the Term of the SERVICE AGREEMENT, the “Project Company” shall:

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• Take all reasonable and proper care of the Project Assets and control of such Project Assets which will

include all upgrades/ enhancements and improvements to meet the current needs of the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project; and

• Keep all the tangible Project Assets in as good and serviceable condition and/or the intangible Project Assets suitably upgraded, subject to the relevant standards as stated in this RFP as at the date the “Project Company” takes control of and/ or first uses the Project Assets and during the entire Term of the Agreement; and

• Ensure that any instructions or manuals supplied and provided by the manufacturer of the Project Assets for their use to the “Project Company” will be followed by the “Project Company” and any person(s) who will be responsible for the use of the Assets; and

• Take all such steps as may be recommended by the manufacturer of the Project Assets and notified to the “Project Company” or as may, in the reasonable opinion of the “Project Company”, be necessary to use them in a safe manner; and

• To the extent that the Project Assets are under the control of the “Project Company”, keep the Project Assets suitably housed and in conformity with any statutory requirements from time to time applicable to them; and

• Provide permission to “Excise Directorate, GoWB” and any persons duly authorized by him/ her to enter any land or premises on which the Project Assets are for the time being sited so as to inspect the same, subject to any reasonable third party requirements; and

• Not knowingly or negligently use or permit any of the Project Assets to be used in contravention of any statutory provisions or regulation or to law; and

• Use the Project Assets exclusively for the purpose of providing the Services as appropriate; and

• Not sell, offer for sale, assign, mortgage, pledge, sub-let or lend out any of the Project Assets; and

• Use the Project Assets only in accordance with the terms hereof and those contained in SLA; and

• Obtain and maintain standard forms of comprehensive insurance policy including liability insurance, system and facility insurance and any other insurance for the personnel, assets, data, software, etc. to be used for the Project; and

• Transfer the ownership of all the Project Assets (not already with “Excise Directorate, GoWB”, including but not limited to the project documentation which is the work product of the development efforts involved in the Project) within 30 days of the acceptance of the same by “Excise Directorate, GoWB” upon testing and/ or audit , to “Excise Directorate, GoWB” in accordance with the terms of this SERVICE AGREEMENT; and

• Ensure proper integration of the software with hardware to be installed and the current Assets in order to ensure the smooth operations of the entire solution architecture to provide efficient services to all the Stakeholders of “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project in an efficient and speedy manner; and

• Obtain an approval (i.e. sign off) from “Excise Directorate, GoWB” at each stage to close each of the above considerations.

Access to “PC” or its nominated agencies to Project Location

• For so long as the “Project Company” provides Services from any Project Location on a non-permanent basis and to the extent necessary for the “Project Company” to provide the Services and at no cost to the “Project Company”, “Excise Directorate, GoWB”, shall, subject to compliance by the “Project Company”

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with any safety and security guidelines which may be notified by “Excise Directorate, GoWB” to the “Project Company” in writing, provide the “Project Company” with:

• reasonable access, in the same manner granted to Project employees, to Project Locations twenty-four hours a day, seven days a week; and

• access to office equipment as mutually agreed and other related support services in such location and at such other Project Location, if any, as may be reasonably necessary for the “Project Company” to perform its obligations hereunder and under the SLA.

• Locations and items shall be made available to the “Project Company” on an "as is, where is” basis by “Excise Directorate, GoWB”. The “Project Company” agrees to ensure that its employees, agents and contractors do not use the location, services and items :

• for the transmission of any material which is defamatory, offensive or abusive or of an obscene or menacing character; or

• In a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright or confidentiality);

• In a manner that causes disturbance or annoyance to others.

Management

Governance

The review and management process of this SERVICE AGREEMENT shall be carried out in accordance with the Governance Schedule (Schedule-IV of this SERVICE AGREEMENT) and shall cover all the management aspects as set out in the RFP.

Use of Services

• “Excise Directorate, GoWB” or its nominees will use the Services in accordance with such reasonable procedures as may be formulated by the “Project Company” for such usage and mutually agreed by the Parties from time to time.

• “Excise Directorate, GoWB” or its nominated agencies shall be responsible for the operation and use of the Deliverables resulting from the Services provided by or on behalf of the “PC”.

Changes

Unless expressly dealt with elsewhere in this SERVICE AGREEMENT, any changes under or to this SERVICE AGREEMENT or under or to the SLA shall be dealt with in accordance with Change Control Schedule as mentioned in the SERVICE AGREEMENT.

Security and Safety

• The “Project Company” shall comply with the directions issued from time to time by the “Excise Directorate, GoWB”.

• The “Project Company” shall also comply with Project's information technology security standards and policies in force from time to time at each location of which “Excise Directorate, GoWB” makes the “Project Company” aware in writing in so far as the same apply to the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project. In case no communication is received from “Excise Directorate, GoWB”, the “PC” shall comply with security standards and policies issued by appropriate

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Government under the IT Act 2000 and rules framed there under. In case no such standards and policies have been issued under IT Act/Rules the “PC” shall comply with the prevalent industry standards with respect to safety and security.

• The Parties to the SLA shall use reasonable endeavors to report forthwith in writing to each other all identified attempts (whether successful or not) by unauthorized persons (including unauthorized persons who are employees of any Party) either to gain access to or interfere with the Project's data, facilities or Confidential Information.

• The “PC” shall upon request by “Excise Directorate, GoWB” or its nominee(s) participate in regular meetings when safety and information technology security matters are reviewed.

• The Parties under the SLA shall promptly report in writing to each other any act or omission which they are aware that could have an adverse effect on the proper conduct of safety and information technology security at Project Location.

• Any private, proprietary or classified information of the disclosing party which has to be made available by the receiving party to a third party , shall be submitted to such a third party with the same restrictions as included in this Article.

• “PC” undertakes to meet the laid down security requirements/stipulations. All the matters related to the Agreement will be treated as classified and highly confidential and shall not be communicated to anybody (except for the purpose of this SERVICE AGREEMENT) or published/advertised without the consent of “Excise Directorate, GoWB”.

Cooperation

Except as otherwise provided elsewhere in this SERVICE AGREEMENT or the SLA, each Party ("Providing Party") to this SERVICE AGREEMENT or to the SLA undertakes promptly to provide the other Party ("Receiving Party") with all such information and co-operation which the Receiving Party reasonably requests, provided that such information and co-operation:

• is reasonably required by the Receiving Party in order for it to comply with its obligations under this SERVICE AGREEMENT or the SLA; and

• is not Confidential Information; and

• is capable of being provided by the Providing Party and

• each Party agrees to co-operate with the contractors and sub-contractors of the other Party as reasonably requested in order to accomplish the purposes of the Agreement.

Financial Terms

Terms of Payment and Service Credits and Debits

• In consideration of the Services and subject to the provisions of this SERVICE AGREEMENT and of the SLA, the “Project Company” shall recover the Payments under BOOT Basis, in accordance with the Terms of Payment Schedule (Schedule-VI of this SERVICE AGREEMENT).

• All payments are subject to the application of liquidated damages defined and provided for in this SERVICE AGREEMENT and the SLA. It is clarified here that the “Project Company” shall recover the Payments under BOOT Basis, for the Services in accordance with the Terms of Payment Schedule (Schedule-VI of this SERVICE AGREEMENT) and “Excise Directorate, GoWB”, can also calculate a financial sum and debit the same against the payment for the failure of the “Project Company” to meet the Service Level under the SLA

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OR to meet implementation timelines as set out in Schedule-IX , such sum being determined in accordance with the terms set out in this SERVICE AGREEMENT and the SLA.

• Except as otherwise provided for herein or as agreed between the Parties in writing, the “Project Company” shall not recover the Payments under BOOT Basis, in respect of the Services other than those covered by the terms of payment as stated in the Terms of Payment Schedule (Schedule-VI of this SERVICE AGREEMENT).

Invoicing and settlement

The provisions of the Invoicing & Settlement Schedule (Schedule-V of this SERVICE AGREEMENT) shall apply.

Tax

• In the event of any increase or decrease of the rate of taxes due to any statutory notification/s during the Term the consequential effect shall be to the account of the Buyer of high security holograms with 2D barcodes and Paper Labels with 1D linear barcode.

• The Parties shall cooperate to enable each Party to accurately determine its own tax liability and to minimize such liability to the extent legally permissible. In connection therewith, the Parties shall provide each other with (i) any resale certificates, (ii) any relevant information regarding use of out-of-state materials, equipment or services and (iii) any exemption certificates or information reasonably requested by the other Party.

Termination

Breach, Rectification and Termination

• In the event that “Project Company” is in material breach of its obligations under this SERVICE AGREEMENT or the SLA, “Excise Directorate, GoWB” may terminate this SERVICE AGREEMENT upon notice to the “PC”. Any notice served pursuant to this Article shall in writing and give reasonable details of material breach, which could include the following events:

• If there is breach which translates into default in providing Services by the “PC” pursuant to the Agreement, continuously for more than one week, then “Excise Directorate, GoWB”, will serve a seven days written notice to IA for curing such breach. In case the breach continues even after expiry of the notice period, “Excise Directorate, GoWB” will have the option to forthwith terminate the SERVICE AGREEMENT at the end of the notice period.

• In case there is a delay of more than 4 weeks in completion of the Project Implementation Phase by the “Project Company”, “Excise Directorate, GoWB” may terminate this SERVICE AGREEMENT after affording a reasonable opportunity to the ia to explain the circumstances leading to such a delay.

• The right of “Excise Directorate, GoWB” to terminate the SERVICE AGREEMENT and the SLA pursuant to this Article 5.1 shall be without prejudice to any other rights and remedies available to “Excise Directorate, GoWB” including without limitation invoking the Performance Guarantee and claiming damages.

Termination on other Grounds

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Without prejudice to any other rights and remedies available to “Excise Directorate, GoWB”, the Project Director may serve written notice on “Project Company” at any time to terminate this SERVICE AGREEMENT with immediate effect in the following events:

• In the event of change of Control of the “PC”.

• In the event the “Project Company” has merged, amalgamated such that the net worth of the surviving entity is less than that of “Project Company” prior to such merger or amalgamation.

• In the event of a reasonable apprehension of bankruptcy of the “Project Company”:

• “Project Company” shall in the event of an apprehension of bankruptcy immediately inform “Excise Directorate, GoWB” well in advance (at least 3 months) about such a development;

• Conversely if “Excise Directorate, GoWB” apprehends a similar event regarding the “Project Company”, he/ she can exercise the right of termination in the manner stated hereinabove.

It is clarified that in case of events set out in Article 5.2 (a) and Article 5.2 (b), “Excise Directorate, GoWB”, may, instead of terminating the SERVICE AGREEMENT, at its sole discretion, require a full performance guarantee of the obligations of the implementation vendor by a guarantor acceptable to “Excise Directorate, GoWB”. If such a guarantee cannot be procured within 30 days of Excise Directorate, GoWB's demand therefore, “Excise Directorate, GoWB” shall terminate this SERVICE AGREEMENT in accordance with this Article.

On termination of this SERVICE AGREEMENT for any reason, the SLA shall automatically terminate forthwith and “Excise Directorate, GoWB” will decide the appropriate course of action.

The termination provisions set out in Article V of this SERVICE AGREEMENT shall apply to the SLA and "this SERVICE AGREEMENT" used in this Article shall be deemed to refer to the SLA.

Effects of Termination

• In the event that “Excise Directorate, GoWB”, or the “Project Company”, terminates this SERVICE AGREEMENT pursuant to Article 5.1 and 5.2, compensation will be decided in accordance with the Terms of Payment Schedule (Schedule-VI of this SERVICE AGREEMENT).

• Upon termination of this SERVICE AGREEMENT, the Parties will comply with the Exit Management Schedule (Schedule-II of this SERVICE AGREEMENT).

Fraud by “PC's” Personnel

“Excise Directorate, GoWB” reserves its right to initiate civil as well as criminal action against the agents / employees of the “PC” for fraud or misappropriation, besides claiming damages and indemnification. The Management of the ia would also be made liable for action in case of fraud, under the applicable laws and “Excise Directorate, GoWB” may terminate of the SERVICE AGREEMENT and SLA, if “Excise Directorate, GoWB” finds it necessary to do so.

Protection and Limitations

Warranties

• The “Project Company” warrants and represents to “Excise Directorate, GoWB” that:

• it has full capacity and authority and all necessary approvals to enter into and perform its obligations under this Agreement;

• this Agreement is executed by a duly authorized representative of the “Project Company”; 125

• it shall discharge its obligations under this SERVICE AGREEMENT honestly with due skill,

care and diligence.

• there are no actions, suits or proceedings pending or to its best knowledge, threatened against or affecting it before any court, administrative body or arbitral tribunal which might materially and adversely affect its ability to meet or perform any of its obligations under this SERVICE AGREEMENT and the SLA.

• it has the financial standing and capacity to undertake the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project in accordance with the terms of this SERVICE AGREEMENT and the SLA.

• the execution, delivery and performance of this SERVICE AGREEMENT and the SLA will not conflict with, result in the breach of, constitute a default under, or accelerate performance required by any of the terms of its memorandum of association and articles of association or any Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected.

• it has no knowledge of any violation or default with respect to any order, writ, injunction or decree of any court or any legally binding order of any Government authority which may result in any Material Adverse Effect on its ability to perform its obligations under this SERVICE AGREEMENT and/or the SLA no fact or circumstance exists which may give rise to such proceedings that would adversely affect the performance of its obligations under this SERVICE AGREEMENT and/or the SLA.

• it has complied with Applicable Laws in all material respects and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate have or may have a Material Adverse Effect on its ability to perform its obligations under this SERVICE AGREEMENT and/or the SLA.

• no representation or warranty by it contained herein or in any other document furnished by it to “Excise Directorate, GoWB” or its nominee including the Proposal or to any Government Authority contains or will contain any untrue or misleading statement of material fact or omits or will omit to state a material fact necessary to make such representation or warranty not misleading.

• no sums, in cash or kind, have been paid or will be paid, by it or on its behalf, to any person by way of fees, commission or otherwise for securing the Agreement or for influencing or attempting to influence any officer or employee of “Excise Directorate, GoWB” in connection therewith.

• In the case of the SLA, the “Project Company” additionally warrants and represents to “Excise Directorate, GoWB”, that:

• the “Project Company” has full capacity and authority and all necessary approvals to enter into and perform its obligations under the SLA and to provide the Services;

• the SLA has been executed by a duly authorized representative of the “Project Company”;

• the “Project Company” is experienced in managing and providing works similar to the Services and that it will perform the Services with all due skill, care and diligence so as to comply with Article 2.4;

• the Services shall be provided and rendered by appropriately qualified, trained and experienced personnel;

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• “Project Company” has and will have all necessary licenses, approvals, consents of third parties

and all necessary technology, hardware and software to enable it to provide the Services in an efficient, economical and effective manner;

• the Services will be rendered in conformance with all applicable laws, enactments, orders and regulations;

• “Project Company” shall ensure that the equipment, software and hardware supplied and/or used in the course of the provision of the Services, are lawful, valid, updated, new, operational and functional; and

• if “Project Company” uses, in the course of the provision of the Services, components, equipment, software and hardware manufactured by any third party which are embedded in the Deliverables or are essential for the successful use of the Deliverables, it will pass through third party manufacturer's warranties relating to those components, equipment, software and hardware to “Excise Directorate, GoWB” to the extent possible. In the event that such warranties cannot be enforced by “Excise Directorate, GoWB”, the “Project Company” shall enforce such warranties on behalf of “Excise Directorate, GoWB” and pass on to “Excise Directorate, GoWB”, the benefit of any other remedy received in relation to such warranties.

• Warranties regarding Project Assets: - Without limiting the warranty obligations set out in this RFP, the “PC” warrants that:

• The Project Assets purchased by it on behalf of “Excise Directorate, GoWB” pursuant to the Agreement conform to technical specifications prescribed in RFP and shall perform according to the said technical specifications. The implementation vendor further warrants that such Assets are original, genuine, and lawful of latest version, non-refurbished, unused and recently manufactured. They shall not be nearing end of sale/ end of support.

• The Project Assets shall be free from all encumbrances and defects / faults arising from design, material, manufacture or workmanship or from any act or omission of the implementation vendor that may present a snag/fault or create any other hindrance; under normal use of the same.

• Comprehensive Warranty and Insurance against Theft, Fire, Flood and Acts of Terrorism will be the responsibility of “PC”.

• Representations and warranties of “Excise Directorate, GoWB” : “Excise Directorate, GoWB” represents and warrants to the implementation vendor that

• It has full power and authority to execute, deliver and perform its obligations pursuant to the Agreement.

• It has taken all necessary action to authorize the execution, delivery and performance of this SERVICE AGREEMENT and the SLA.

• In the event that any occurrence or circumstance comes to the attention of either Party that renders any of its aforesaid representations or warranties untrue or incorrect, such Party shall immediately notify the other Party of the same. Such notification shall not have the effect of remedying any breach of the representation or warranty that has been found to be untrue or incorrect nor shall it adversely affect or waive any obligation of either Party under the Agreement.

• Notwithstanding what has been stated elsewhere in this SERVICE AGREEMENT and the Schedules attached herein, in the event the “Project Company” is unable to meet the obligations with respect to the implementation of the Project and/or provide the Operations and Maintenance Services and any related scope of work as stated in this SERVICE AGREEMENT and the Schedules attached herein, “Excise

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Directorate, GoWB” will, inter alia, have the option to invoke the Performance Guarantee after serving a written notice seven days in advance on the “Project Company”. Such right of “Excise Directorate, GoWB” shall be without prejudice to any other rights or remedies available under law or contract.

Third Party Claims

• Subject to Article 6.2b below, “Project Company” (the "Indemnifying Party") undertakes to indemnify “Excise Directorate, GoWB” (the "Indemnified Party") from and against all losses, claims or damages on account of bodily injury, death or damage to any person property of any person, corporation or other entity (including the Indemnified Party) attributable to the Indemnifying Party's performance or non-performance under this SERVICE AGREEMENT or the SLA.

• The indemnities set out in Articles 6.2 shall be subject to the following conditions:

• the Indemnified Party, as promptly as practicable, informs the Indemnifying Party in writing of the claim, proceeding, demand, etc. and provides all relevant evidence, documentary or otherwise;

• the Indemnified Party may at its option (but shall not be obligated to), at the cost of the Indemnifying Party, give the Indemnifying Party all reasonable assistance in the defense of such claim, demand, proceeding, etc. including reasonable access to all relevant information, documentation and personnel provided that the Indemnified Party may, at its sole cost and expense, reasonably participate, through its attorneys or otherwise, in such defense;

• if the Indemnifying Party does not assume full control over the defense of a claim, demand, proceeding, etc. as provided in this Article, the Indemnified Party may at its option participate in such defense at its sole cost and expense, and the Indemnified Party will have the right to defend the claim in such manner as it may deem appropriate, and the cost and expense of the Indemnifying Party will be included in Losses;

• the Indemnified Party shall not prejudice, pay or accept any proceedings or claim, or compromise any proceedings or claim, without informing the Indemnifying Party;

• all settlements of claims subject to indemnification under this Article will: (a) be entered into only with the consent of the Indemnified Party, which consent will not be unreasonably withheld and include an unconditional release to the Indemnified Party from the claimant for all liability in respect of such claim;

• the Indemnified Party shall account to the Indemnifying Party for all awards, settlements, damages and costs (if any) finally awarded in favor of the Indemnified Party which are to be paid to it in connection with any such claim or proceedings;

Limitation of Liability

• Notwithstanding any other term, there shall be no limitation of liability in case of (i) any damages for bodily injury (including death) and damage to real property and tangible personal property and willful fraud and/or (ii) the intellectual property infringement claims as per Article 7.1.

• In all other cases not covered by 'a' above, the total financial liability of the “Project Company” shall be limited to the value of the Agreement, arrived at as the sum of Capital Expenditure (Capex) incurred by the “Project Company” till the relevant date on which such liability is to be calculated and Operational Expenditure (Opex) for a year, the Capex being determined on the basis of the original purchase value of all the Assets being considered for Capex calculation less depreciation and Opex being determined in accordance with the market rate, prevailing as on the relevant date, for all service elements being considered for Opex calculation. The implementation vendor will provide the list of Capex and Opex items

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with their respective costs when asked by “Excise Directorate, GoWB” for the same and Project Director will have the right to get that list verified by any 3rd Party agency(s) before accepting it.

• Neither this SERVICE AGREEMENT nor the SLA grants or creates any rights, benefits, claims, obligations or causes of action in, to or on behalf of any person or entity (including any third party) other than between the respective Parties to this SERVICE AGREEMENT or the SLA, as the case may be.

• The bidder shall be liable to the Dept for damages that may be suffered by the Dept. on account of time & cost overruns attributable to the bidder.

Force Majeure

• Neither Party to this SERVICE AGREEMENT or to the SLA shall be liable to the other for any loss or damage which may be suffered by the other due directly to the extent and for the duration of any cause beyond the reasonable control of the Party ("Force Majeure") events such as, but not limited to, acts of God not confined to the premises of the Party claiming the Force Majeure, flood, drought, lightning or fire, earthquakes, strike, lock-outs beyond its control, labour disturbance not caused at the instance of the Party claiming Force Majeure, acts of government or other competent authority, war, terrorist activities, military operations, riots, epidemics, civil commotions etc. No failure, delay or other default of any contractor or sub-contractor to either Party shall entitle such Party to claim Force Majeure under this Article.

• The Party seeking to rely on Force Majeure shall promptly, within 2 days, notify the other Party of the occurrence of a Force Majeure event as a condition precedent to the availability of this defense with particulars detailed in writing to the other Party and shall demonstrate that it has taken and is taking all reasonable measures to mitigate the events of Force Majeure.

• In the event the Force Majeure substantially prevents, hinders or delays the “Project Company's” performance of Services necessary for project's implementation or the operation of Project's critical business functions for a period in excess of 5 days, “Excise Directorate, GoWB” may declare that an emergency exists. However, when the situation arising out of Force Majeure comes to an end in the assessment of “Excise Directorate, GoWB”, the following conditions shall apply:

• Prior to commencement of operations: If the event of Force Majeure had occurred prior to commencement of operations, upon its coming to an end the “Project Company” shall resume normal activities under the Agreement immediately. “Excise Directorate, GoWB”, if it considers it necessary, may grant an extension of time to the “Project Company” for resuming normal activities under this SERVICE AGREEMENT. If the “Project Company” does not resume normal activities immediately or within the extended period, if any, granted by “Excise Directorate, GoWB”, “Excise Directorate, GoWB” will have the option to invoke the Performance Guarantee, and obtain substitute performance from an alternate supplier at the cost of “Project Company” and/or terminate this SERVICE AGREEMENT.

• Post commencement of operations: If Force Majeure had occurred post commencement of operations, upon its coming to an end, the “Project Company” shall resume normal services under this SERVICE AGREEMENT immediately. “Excise Directorate, GoWB”, if he considers it necessary, may grant an extension of time to the “Project Company” for resuming normal services under this SERVICE AGREEMENT. However, “Excise Directorate, GoWB”, or its nominee will deduct for each day of the extension period a percentage proportionate to the number of days and the volume(s) (measured in terms of ratio to the overall volume as recorded in the previous month) expected in the affected area(s) from the next payable amount as per Terms of Payment Schedule. If normal services are not resumed immediately or within the extended time, “Excise Directorate, GoWB”, will have the option to invoke the Performance Guarantee and/or terminate the Agreement.

• All payments pursuant to termination due to Force Majeure event shall be in accordance with the Terms of Payment Schedule (Schedule-VI of this SERVICE AGREEMENT).

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• Notwithstanding the terms of this Article, the failure on the part of the “Project Company” under the

SERVICE AGREEMENT or terms under the SLA to implement any disaster contingency planning and back-up and other data safeguards against natural disaster, fire, sabotage, hacking or other similar occurrence shall not be an event of Force Majeure.

Data Protection and Use

• In the course of providing the Services the “Project Company” may be compiling, processing and storing proprietary Project Data relating to the users.

• The “Project Company” and each user are responsible for complying with its respective obligations under the applicable data protection laws and regulations governing the Project Data.

• As a processor of Project Data, the “Project Company” will process Project Data in accordance with the terms of this SERVICE AGREEMENT.

• The “Project Company” shall not transfer any Project Data to any person or organization unless otherwise authorized by “Excise Directorate, GoWB” in this regard.

• Upon reasonable written request from a Party to the SLA, the other Party to the SLA will provide the requesting Party with such information that it has regarding the Project, its Data and its processing which is necessary to enable the requesting party to comply with its obligations under the applicable data protection law or regulation.

Audit, Access and Reporting

• The Parties shall comply with Audit, Access and Reporting Schedule provided in Schedule-III.

• The “Project Company” shall, on request, allow access to “Excise Directorate, GoWB” and its nominees to all information which is in the possession or control of the “Project Company”, which relates to the provision of the Services as set out in the Audit, Access and Reporting Schedule and is reasonably required to comply with the terms of the Audit, Access and Reporting Schedule.

Intellectual Property

• Except to the extent otherwise expressly provided in this SERVICE AGREEMENT, “Excise Directorate, GoWB” shall retain exclusive intellectual property rights to the Bespoke Software, forms and the compilations of the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project to which “Excise Directorate, GoWB” has exclusive rights and nothing herein shall or will be construed or deemed to grant to the “Project Company” any right, title, license, sub-license, proprietary right or other claim against or interest in, to or under (whether by estoppels, by implication or otherwise) to the aforesaid rights.

• The intellectual property rights in the “HIGH SECURITY HOLOGRAMS WITH BARCODE BASED ELECTRONIC SUPPLY CHAIN MANAGEMENT” application shall vest with “Excise Directorate, GoWB”. A copy of the source code shall be kept in the custody of “Excise Directorate, GoWB”/ PMU, with proper version control.

• Without limiting the generality of Article 7.1a and except to the extent otherwise expressly agreed by the Parties to this SERVICE AGREEMENT or the SLA in writing, nothing contained in this SERVICE AGREEMENT or the SLA shall or will be construed or deemed to grant to the “Project Company” or its respective affiliates/nominees any right, title, license or other interest in, to or under (whether by estoppels,

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by implication or otherwise) any logo, trademark, trade name, service mark or similar designations of the Project or in anything confusing or deceptively similar thereto.

• The “Project Company” shall not use the Project Data for any purpose other than providing the Services.

• The “Project Company” shall indemnify, defend and hold harmless “Excise Directorate, GoWB” and its respective officers, employees, successors and assigns, from and against any and all losses, damages or liabilities arising from claims made by third parties that any Deliverable (or the access, use or other rights thereto) created by “Project Company” pursuant to the Agreement, or Project Assets, information, methods of operation or other intellectual property (or the access, use or other rights thereto) provided by “Project Company” or sub-contractors to the “Project Company” pursuant to the Agreement or the SLA (i) infringes any intellectual property rights including without limitation to patent issued in India, or (ii) constitutes misappropriation or unlawful disclosure or use of another Party's trade secret under the laws of India (collectively, "Infringement Claims"); provided, however, that this will not apply to any Deliverable (or the access, use or other rights thereto) created by (A) “Excise Directorate, GoWB” ; (B) third parties (i.e., other than “Project Company” or “Project Company's” sub-contractors) at the direction of “Excise Directorate, GoWB”..

• If, as a result of Infringement Claims, “Excise Directorate, GoWB” or its nominees or its employees or intended users are restricted from using such Project Assets or Deliverables or any part thereof or are likely to be restricted, IA, at its expense, shall (i) modify such Project Asset and/or Deliverables (provided its functionality is not impaired) so that it is no longer infringing and obtains a certificate to the said effect from the party claiming infringement, or (ii) replace such Project Asset and/or Deliverables with a non infringing functional equivalent of the same, or (iii) obtain the right for the Project Director to continue using such Project Assets and/or Deliverables. Such remedies shall not be deemed to be the exclusive remedies for this Article, but shall be in addition to all other remedies available at law or contract to “Excise Directorate, GoWB”.

• If “Project Company” uses in the course of the provision of the Services any Third Party System it shall pass to “Excise Directorate, GoWB” such third party's warranties relating to such Third Party Systems. In the event that such warranties cannot be passed through to or enforced by “Excise Directorate, GoWB”, the “Project Company” will enforce such warranties on “Excise Directorate, GoWB's” behalf and account to “Excise Directorate, GoWB” for so doing. For a third party product supplied under this SERVICE AGREEMENT, the IA shall pass on to “Excise Directorate, GoWB” all the indemnities offered by such third party.

• All rights, title and interest in and to, and ownership in, Project Proprietary Information shall remain solely with “Excise Directorate, GoWB”. “Project Company” shall be entitled to use such Project Proprietary Information only during the Term and only for the purposes of providing the Services or to the extent necessary for “Project Company's” normal operational, repair and maintenance purposes related to the Services. “Excise Directorate, GoWB” shall retain ownership of all intellectual property rights related to Project Proprietary Information.

• All rights, title and interest in “Project Company” Proprietary Information, shall remain solely with “Project Company”. The “Project Company” will upon the award of the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project in its favour, declare the status of all the “Project Company” Proprietary Information along with documentary support sufficient to establish its sole legal rights in the aforesaid Proprietary Information to “Excise Directorate, GoWB”. This Proprietary Information shall refer to that which has been owned by the “Project Company” prior to commencement of the Agreement. Additionally, any software that may be acquired from third parties during the term of the SERVICE AGREEMENT and that which may be developed by the “Project Company” during the course of the Agreement specifically for “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project shall not be considered as “Project Company” Proprietary Information.

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• With respect to ownership of the Deliverables and intellectual property rights in them, the Parties agree

that the following shall apply:

• All the rights, title, interest and ownership of the Deliverables and their intellectual property rights provided to “Excise Directorate, GoWB” by “Project Company” during the course of its performance under this SERVICE AGREEMENT, and/or the SLA which includes but is not limited to Bespoke Software shall vest in “Excise Directorate, GoWB” immediately on creation. To the extent that the Implementing Agency Proprietary Information is incorporated within the Deliverables, “Project Company”

and its employees engaged hereby grant to “Excise Directorate, GoWB” a worldwide, perpetual, irrevocable, non-exclusive, transferable, paid-up right and license to se, copy, modify (or have modified), transport to “Excise Directorate, GoWB” at facilities and locations provided by “Excise Directorate, GoWB”, and prepare from them, use and copy derivative works for the benefit of and internal use of Project, of such “Project Company” Proprietary Information. Excise Directorate, GoWB's rights pursuant to the preceding sentence include the right to disclose such “Project Company” Proprietary Information to third party contractors solely for use on the Project provided that all such third party contractors execute, deliver and comply with any customary confidentiality and nondisclosure agreements reasonably required by “Excise Directorate, GoWB”.

• If “Project Company” proceeds to apply for, or assign to any third party, any patent rights relating to the “Project Company” Proprietary Information referred to in the above clause, the “Project Company” will ensure that Excise Directorate, GoWB's rights as provided herein are preserved.

• “Excise Directorate, GoWB” hereby grants to “Project Company” a non-exclusive right and license to access and use the Project Proprietary Information solely for the purpose of providing Services to “Excise Directorate, GoWB” pursuant to this SERVICE AGREEMENT and the SLA. Such right and license shall terminate upon the expiration or termination of this SERVICE AGREEMENT.

• Upon the expiry or termination of this SERVICE AGREEMENT, “Project Company” shall undertake the actions set forth below in this Article to assist “Excise Directorate, GoWB” to procure replacement services equivalent to Services provided hereunder.

• The “Project Company” undertakes to negotiate in good faith with “Excise Directorate, GoWB” and any relevant Replacement “Project Company” in respect of commercial terms applying to grant of rights in respect of intellectual property rights relating to the “Project Company” Proprietary Information and which “Excise Directorate, GoWB” and any relevant Replacement “Project Company” require to enable them to provide or receive services substantially equivalent to the Services hereunder.

• In respect of “Project Company's” usage of third party Intellectual Property Rights, the “Project Company” undertakes to assist “Excise Directorate, GoWB” to secure such consents or licenses from such third parties as are necessary to enable “Excise Directorate, GoWB” to receive services substantially equivalent to the Services hereunder. The obligations of the “Project Company” under this Article shall be considered part of the services required to be performed by the “Project Company” under the Exit Management Services.

Miscellaneous

Confidentiality

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• The “Project Company” recognizes that during the term of this SERVICE AGREEMENT and the SLA,

sensitive data will be procured and made available to it, its sub-contractors and agents and others working for or under the “Project Company”. Further the implementation vendor also recognizes that any improper and unauthorized disclosure or usage of the data by any such recipient may constitute a breach of applicable laws causing harm not only to “Excise Directorate, GoWB” but also to the concerned citizens. The “Project Company”, its subcontractors and agents shall demonstrate utmost care, sensitivity and strict confidentiality in respect of all such information.

• Each Party agrees as to any Confidential Information disclosed by a Party to this SERVICE AGREEMENT or the SLA (the "Discloser") to the other Party to this SERVICE AGREEMENT or the SLA (the "Recipient"):

• to take such steps necessary to protect the Discloser's Confidential Information from unauthorized use, reproduction and disclosure as the Recipient takes in relation to its own Confidential Information of the same type, but in no event less than reasonable care; and

• to use such Confidential Information only for the purposes of this SERVICE AGREEMENT or the SLA or as otherwise expressly permitted or expressly required by this SERVICE AGREEMENT or the SLA or as otherwise permitted by the Discloser in writing; and

• not, without the Discloser's prior written consent, to copy the Confidential Information or cause or allow it to be copied, directly or indirectly, in whole or in part, except as otherwise expressly provided in this SERVICE AGREEMENT or the SLA, or as required in connection with Recipient's use as permitted under this Article, or as needed for the purposes of this SERVICE AGREEMENT or the SLA, provided that any proprietary legends and notices (whether of the Discloser or of a Third Party) are not removed or obscured; and

• not, without the Discloser's prior written consent, to disclose, transfer, publish or communicate the Confidential Information in any manner to any person except as permitted under this SERVICE AGREEMENT or the SLA.

• limit access to such Confidential Information and materials to those of its directors, partners, advisers, agents or employees who are directly involved in the consideration/evaluation of the Confidential Information and bind each of its directors, partners, advisers, agents or employees so involved to protect the Confidential Information and materials in the manner prescribed in this SERVICE AGREEMENT; and

• Upon discovery of any unauthorized disclosure or suspected unauthorized disclosure of Confidential Information, promptly inform the Discloser of such disclosure in writing and immediately return to the Discloser all such Information and materials, in whatsoever form, including any and all copies thereof.

• The restrictions of this Article shall not apply to Confidential Information that:

• is or becomes generally available to the public through no breach of this Article by the Recipient; and

• was in the Recipient's possession free of any obligation of confidence prior to the time of receipt of it by the Recipient hereunder; and

• is obtained by the Recipient independently of any of Discloser's Confidential Information; and

• is rightfully obtained by the Recipient from third parties authorized at that time to make such disclosure without restriction; and

• is identified in writing by the Discloser as no longer proprietary or confidential; or

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• is required to be disclosed by law, regulation or Court Order or under the Right to Information

Act, or to be furnished to the Parliament and/or its Committees, provided that the Recipient gives prompt written notice to the Discloser of such legal and regulatory requirement to disclose so as to allow the Discloser reasonable opportunity to contest such disclosure.

• To the extent that such disclosure is required for the purposes of this SERVICE AGREEMENT or the SLA, Recipient may disclose Confidential Information to:

• its employees, agents and independent contractors and to any of its affiliates and their respective independent contractors or employees but all of them should in turn be bound to maintain the confidentiality referred to herein on their part ; and

• its professional advisors and auditors, who require access for the purposes of this SERVICE AGREEMENT or the SLA, whom the Recipient has informed of its obligations under this Article and in respect of whom the Recipient has used commercially reasonable efforts to ensure that they are contractually obliged to keep such Confidential Information confidential on terms substantially the same as set forth in this Article. The Recipient may also disclose Confidential Information to any entity with the Discloser's prior written consent.

• The provisions of this Article shall survive the expiration or any earlier termination of this SERVICE AGREEMENT.

• Confidential Information shall be and remain the property of the Discloser and nothing in this Article or Agreement shall be construed to grant either Party any right or license with respect to the other Party's Confidential Information otherwise than as is expressly set out in this SERVICE AGREEMENT.

• Subject as otherwise expressly provided in this SERVICE AGREEMENT all Confidential Information in tangible or electronic form under the control of the Recipient shall either be destroyed, erased or returned to the Discloser promptly upon the earlier of: (i) the written request of the Discloser, or, (ii) termination or expiry of this SERVICE AGREEMENT or, in respect of the SLA, the termination or expiry of the SLA. Notwithstanding the forgoing, both Parties may retain, subject to the terms of this Article, a reasonable number of copies of the other Party's Confidential Information solely for confirmation of compliance with the confidentiality obligations of the Agreement.

• Both Parties agree that monetary damages would not be a sufficient remedy for any breach of this Article by the other Party and that “Excise Directorate, GoWB” and “Project Company”, as appropriate, shall be entitled to equitable relief, including injunction and specific performance as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for a breach by a Party of this Article, but shall be in addition to all other remedies available at law or equity to the damaged Party including the right to terminate the SERVICE AGREEMENT and the SLA and to claim damages.

• In connection with the Services, “Project Company” may from time to time undertake one or more quality assessment reviews for the purpose of improving “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project. In order for such reviews to be frank and candid, for the greatest benefit to “Excise Directorate, GoWB” and Implementing Agency, they shall be kept confidential to the greatest extent possible. The Parties agree that any documentation created in connection with such quality assessment reviews shall be Confidential Information of “Project Company” which is licensed to “Excise Directorate, GoWB” for any internal use except that in no event shall such documentation or the results of such reviews be discoverable or admissible (or used for any purpose) in any arbitration or legal proceedings against “Project Company” related to the Agreement or the Services.

Personnel

• Personnel assigned by the “PC” to implement the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project and perform the Services shall be employees of the “PC”, and

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under no circumstances will such personnel be considered employees of “Excise Directorate, GoWB”. The “Project Company” shall have the sole responsibility for supervision and control of its personnel and for payment of such personnel's entire compensation, including salary, withholding of income taxes and social security taxes, worker's compensation, employee and disability benefits and the like and shall be responsible for all employer obligations under all applicable laws and “Excise Directorate, GoWB” shall not have any direct or indirect liability or obligation, to pay any charges, claims or wages of any of employee, agents, contractors, and subcontractors of “PC”

• The “Project Company” shall use its best efforts to ensure that sufficient Project Company's personnel are employed to perform the Services, and also that such personnel have appropriate qualifications to perform the Services. “Excise Directorate, GoWB” shall have the right to require the removal or replacement of any “Project Company” personnel performing work under the Agreement. In the event that “Excise Directorate, GoWB” requests that any “Project Company” personnel be replaced, the substitution of such personnel shall be accomplished pursuant to a mutually agreed upon schedule but not later than 3 working days.

• The “Project Company” shall also be responsible to train certain employees of “Excise Directorate, GoWB” with regard to the Services being provided by the “Project Company” as and when required by “Excise Directorate, GoWB” during the Term. The parameters of the training required for these employees of “Excise Directorate, GoWB” shall be communicated by “Excise Directorate, GoWB” to the “Project Company” periodically and shall be in accordance with the latest procedures and processes available in the relevant areas of work.

• In the event “Excise Directorate, GoWB” identifies any personnel of “Project Company” as "Key Personnel", then the “Project Company” shall not remove such personnel without the prior written consent of “Excise Directorate, GoWB” under the applicable terms of this SERVICE AGREEMENT and/or the SLA.

• Except as stated in this Article, nothing in this SERVICE AGREEMENT or the SLA will limit the ability of Implementing Agency or any “Project Company” freely to assign or reassign its employees; provided that “Project Company” shall be responsible, at its expense, for transferring all appropriate knowledge from personnel being replaced to their replacements. “Excise Directorate, GoWB” shall have the right to review and approve “Project Company's” plan for any such knowledge transfer. “Project Company” shall maintain the same standards for skills and professionalism among replacement personnel as in personnel being replaced.

• Each Party shall be responsible for the performance of all its obligations under this SERVICE AGREEMENT or the SLA and shall be liable for the acts and omissions of its employees and agents in connection therewith.

• The courts at Kolkata, West Bengal alone shall have jurisdiction to decide any disputes arising out of or in respect of this contract.

• Liability for the Actions of the Personnel and Subcontractors

• The “PC” agrees to be responsible for managing the activities of its personnel or the personnel of its subcontractors and shall be accountable for both.

• The “PC” shall be the principal employer of the employees, agents, contractors, subcontractors, etc. engaged by it and shall be liable for all the acts, deeds or things, whether the same is within the scope of instructions or outside the scope of instructions set out in the Agreement.

• The “PC” agrees to hold “Excise Directorate, GoWB”, its successors, assignees employees, representatives and administrators fully indemnified and harmless against loss or liability, claims actions or proceedings, if any, that may arise from whatsoever cause to “Excise Directorate, GoWB” through the action of the “PC's” employees, agents, contractors, subcontractors, etc.

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Independent Contractor on BOOT basis

Nothing in this SERVICE AGREEMENT or the SLA shall be construed as establishing or implying any agency, partnership or joint venture between the Parties to this SERVICE AGREEMENT or the SLA and, except as expressly stated in this SERVICE AGREEMENT or the SLA, nothing in this SERVICE AGREEMENT or the SLA shall be deemed to constitute any of the Parties as the agent of any other Party or authorizes either Party (i) to incur any expenses on behalf of the other Party, (ii) to enter into any engagement or make any representation or warranty on behalf of the other Party, (iii) to pledge the credit of or otherwise bind or oblige the other Party, or (iv) to commit the other Party in any way whatsoever without in each case obtaining the other Party's prior written consent.

Assignment

• “Excise Directorate, GoWB” may assign this SERVICE AGREEMENT or the SLA in whole or as part of a reorganization, restructuring, consolidation, merger, or as per the decisions of the Directorate.

• The “Project Company” shall not assign this SERVICE AGREEMENT or the SLA or its rights or its duties under this SERVICE AGREEMENT or the SLA either in whole or in part without the prior written consent of “Excise Directorate, GoWB”, and any attempted assignment or delegation without such consent will be void.

Trademarks, Publicity

Neither Party may use the trademarks of the other Party without the prior written consent of the other Party. Except as required by law or the rules and regulations of each stock exchange upon which the securities of one of the Parties is listed, neither Party shall publish or permit to be published either along or in conjunction with any other person any press release, information, article, photograph, illustration or any other material of whatever kind relating to the Agreement, the SLA or the business of the Parties without prior reference to and approval in writing from the other Party, such approval not to be unreasonably withheld or delayed.

Notices

• Any notice or other document, which may be given by either Party under this SERVICE AGREEMENT, shall be given in writing in person or by pre-paid recorded delivery post or by facsimile transmission.

• In relation to a notice given under this SERVICE AGREEMENT, any such notice or other document shall be addressed to the other Party's principal or registered office address as set out below:

Excise Commissioner, West Bengal Excise Directorate, 3rd Floor, 32, B. B. Ganguly Street, Kolkata - 700012 Webel Technology Limited, A Government of West Bengal Undertaking Plot-5, Block-BP, Sector V Salt Lake City, Kolkata - 700091 “Project Company”: Name of the Company:……………………………………. Phones: ............................................................................. Fax: ................................................................................... Mail Id.:……………………………………………………….

• Any notice or other document shall be deemed to have been given to the other Party (or, if relevant, its relevant associated company) when delivered (if delivered in person) between the hours of 10.30 am and

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5.30 pm on a working day at the address of the other Party set forth above or if sent by fax / mail, provided the copy fax/mail is accompanied by a confirmation of transmission, or on the next working day thereafter if delivered outside such hours, and 7 days from the date of posting (if by post).

• Either Party to this SERVICE AGREEMENT may change its address, telephone number, and facsimile number for notification purposes by giving the other reasonable prior written notice of the new information and its effective date.

Variations and further Assurance

• No amendment, variation or other change to this SERVICE AGREEMENT or the SLA shall be valid unless authorized in accordance with the change control procedure as set out in the Change Control Schedule and made in writing and signed by the duly authorized representatives of the Parties.

• Each Party agrees to enter into or execute, without limitation, whatever other agreement, document, consent and waiver and to do all other things which shall or may be reasonably required to complete and deliver the obligations set out in this SERVICE AGREEMENT or the SLA.

Severability and Waiver

• If any provision of this SERVICE AGREEMENT or the SLA, or any part thereof, shall be found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable the illegality, invalidity or unenforceability of such provision or part provision shall not affect the other provisions of this SERVICE AGREEMENT or the SLA or the remainder of the provisions in question which shall remain in full force and effect. The relevant Parties shall negotiate in good faith in order to agree to substitute for any illegal, invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the illegal, invalid or unenforceable provision or part provision.

• No failure to exercise or enforce and no delay in exercising or enforcing on the part of either Party to this SERVICE AGREEMENT or the SLA of any right, remedy or provision of this SERVICE AGREEMENT or the SLA shall operate as a waiver of such right, remedy or provision in any future application nor shall any single or partial exercise or enforcement of any right, remedy or provision preclude any other or further exercise or enforcement of such right, remedy or provision or the exercise or enforcement of any other right, remedy or provision. Without limiting the foregoing, no waiver by a Party of any breach by the other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

Compliance with Laws and Regulations

Each Party to this SERVICE AGREEMENT accepts that its individual conduct shall (to the extent applicable to it) at all times comply with all Applicable Laws, rules and regulations. For the avoidance of doubt, the obligations of the Parties are subject to their respective compliance with all applicable laws and regulations.

Ethics

The “Project Company” represents, warrants and covenants that it has given no commitments, payments, gifts, kickbacks, lavish or expensive entertainment, or other things of value to any employee or agent of “Excise Directorate, GoWB”, or its nominated agencies in connection with the Agreement and acknowledges that the giving of any such payment, gifts, entertainment, or other things of value is strictly in violation of “Excise Directorate, GoWB” standard policies and may result in cancellation of this SERVICE AGREEMENT and the SLA.

Entire Agreement

This SERVICE AGREEMENT or SLA, all schedules appended thereto along with the contents and specifications of all the Volumes of the RFP constitute the entire agreement between the Parties with respect to their subject

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matter, and supersede all prior or contemporaneous negotiations, written or oral understandings and agreements, between the Parties regarding such subject matter. If there is any aspect of the Project not covered by any of the provisions of the Agreement, then and only in that event, reference may be made by the Parties to the Offer submitted by the implementation vendor against the RFP. If there is any aspect of the Project not covered by any of the provisions of the Agreement and the Offer, reference shall be made by the Parties to the other bid documents, documents issued by “Excise Directorate, GoWB” and also including addendums, clarifications given in writing in the pre-bid meetings and the written submissions made by the "Project Company" but not otherwise.

Survivability

The termination or expiry of this SERVICE AGREEMENT or SLA shall in no event terminate or prejudice (a) any right or obligation arising out of or accruing under this SERVICE AGREEMENT or SLA attributable to events or circumstances occurring prior to such termination or expiry; (b) the provisions of this SERVICE AGREEMENT that by their nature or by necessary implication are intended to survive the its termination or expiry.

Disputes and Amendments

Steering Committee

• If any dispute arises between “Excise Directorate, GoWB” or WTL and the “Project Company” in connection with, or arising out of, the Agreement or the execution of the Project, whether during the execution of the Project or after its completion and whether before or after the repudiation or other termination of the Agreement, including any disagreement by either Party with any action, inaction, opinion, instruction, determination, certificate or valuation, the matter in dispute shall, in the first place, be referred to the Steering Committee, as determined and formed for this project.

• “Excise Directorate, GoWB” at its discretion may change any of the members of the Steering Committee.

• The decision of the “Steering Committee” shall be final and binding an all parties.

Dispute Resolution

The parties shall make good faith efforts to first resolve internally any disputes by escalating it to higher levels of management. After thirty (30) days have elapsed from the initiation of such good faith efforts, any continuing dispute, controversy, or claim arising out of, relating to, involving, or having any connection with the engagement or otherwise related to consultant’s Services shall be exclusively and finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act 1996. The arbitration shall be conducted in Kolkata unless the parties agree on another location. The arbitration shall be conducted in the English language. The arbitration shall be conducted by three arbitrators, according to the Arbitration and Conciliation Rules. The arbitrators will be appointed by the Finance Secretary, GoWB. The parties shall be entitled to engage in reasonable discovery, including requests for production of relevant non-privileged documents. It is the parties’ intent that the discovery proceedings be conducted in a cost-effective manner. All decisions, rulings, and awards of the arbitral panel shall be made in writing, and shall state the reasons upon which it is based. The arbitrators shall have no power to modify or abridge these terms. The award of the arbitrators shall be final and binding, and enforcement of the award may be done by any court having jurisdiction to do so. Costs incurred in the arbitration proceeding, including attorneys’ fees and expenses, shall be borne in the manner determined by the arbitral panel.

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SCHEDULE I: CHANGE CONTROL SCHEDULE

Purpose

• This Schedule applies to and describes the procedure to be followed in the event of any proposed change to the Master Services Agreement ("SERVICE AGREEMENT"), Project Implementation Phase, and the SLA of Schedule-VIII. Such change shall include, but shall not be limited to, changes in the scope of services provided by the “Project Company” and changes to the terms of payment as stated in the Terms of Payment Schedule (Schedule-VI of this SERVICE AGREEMENT).

• “Excise Directorate, GoWB”, "WTL" and the “Project Company” recognize that change is an inevitable part of delivering services and that a significant element of this change can be accomplished by re-organizing processes and responsibilities without a material effect on the cost. The “Project Company” will endeavor, wherever reasonably practicable, to effect change without an increase in the terms of payment as stated in the Terms of Payment Schedule and “Excise Directorate, GoWB” and/or "WTL" will work with the “Project Company” to ensure that all changes are discussed and managed in a constructive manner.

Change Control Note ("CCN")

• Change requests in respect of the SERVICE AGREEMENT, the Project Implementation, or the Operation and Management SLA will emanate from the Parties' respective Project Manager who will be responsible for obtaining approval for the change and who will act as its sponsor throughout the Change Control Process and will complete Part A of the CCN attached as Schedule-VII hereto. CCNs will be presented to the other Party's Project Manager who will acknowledge receipt by signature of the CCN.

• The “Project Company” and “Excise Directorate, GoWB”, while preparing the CCN, shall consider the change in the context of the following parameter, namely whether the change is beyond the scope of Services including ancillary and concomitant services required and as detailed in this RFP and is suggested and applicable only after the testing, commissioning and certification of the Pilot Phase and the Project Implementation Phase as set out in the Agreement.

• It is hereby also clarified that no payment is applicable for the changes brought in after project certification and `Go Live' date.

Filling up CCN

• The “Project Company” shall assess the CCN and complete Part B of the CCN. In completing Part B of the CCN the “Project Company” shall provide as a minimum:

• a description of the change;

• a list of deliverables required for implementing the change;

• a timetable for implementation;

• an estimate of the timelines or effort of any proposed change;

• any relevant acceptance criteria;

• Material evidence to prove that the proposed change is not already covered within the scope of the “High Security Holograms with Barcode Based Electronic Supply Chain Management System” project, SLA, or SERVICE AGREEMENT.

• Alternative options possible to address the change if any and the implications of these alternative options.

• Prior to submission of the completed CCN to “Excise Directorate, GoWB”, or its nominated agencies, the “Project Company” will undertake its own internal review of the proposal and obtain all necessary internal

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approvals. As a part of this internal review process, the “Project Company” shall consider the materiality of the proposed change in the context of the SERVICE AGREEMENT, the Project Implementation, SLA affected by the change and the total effect that may arise from implementation of the change.

• Materiality Criteria will be established by “Excise Directorate, GoWB” and the “Project Company's Project Manager. Changes requiring no escalation of authority can be implemented. Discussion and agreement as to materiality will be held in accordance with the Governance Schedule (Schedule-IV of this SERVICE AGREEMENT).

Costs

Each Party shall be responsible for its own costs incurred in the quotation, preparation of CCNs and in the completion of its obligations described in this process provided the “Project Company” meets the obligations as set in the CCN. In the event the “Project Company” is unable to meet the obligations as defined in the CCN then the cost of getting it done by third party will be borne by the “Project Company”.

Reporting

Change requests and CCNs will be reported as and when required to each Party's Project Managers who will prioritize and review progress.

Obligations

The “Project Company” shall be obliged to implement any proposed changes once approval in accordance with above provisions has been given, with effect from the date agreed for implementation and within an agreed timeframe.

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SCHEDULE II: EXIT MANAGEMENT SCHEDULE

Purpose

• This Schedule sets out the provisions, which will apply on expiry or termination of the Agreement.

• In the case of termination of the SERVICE AGREEMENT due to illegality as per Article 8.9, the Parties shall agree at that time whether, and if so during what period, the provisions of this Schedule shall apply.

• The Parties shall ensure that their respective associated entities carry out their respective obligations set out in this Exit Management Schedule.

Transfer of Assets

• “Excise Directorate, GoWB” shall be entitled to serve notice in writing on the “Project Company” at any time during the exit management period as detailed hereinabove requiring the “Project Company” and/or its sub contractors to provide “Excise Directorate, GoWB” with a complete and up to date list of the Project Assets excluding Listed Assets within 30 days of such notice. “Excise Directorate, GoWB” shall then be entitled to serve notice in writing on the “Project Company” at any time prior to the date that is 30 days prior to the end of the exit management period requiring the “Project Company” to sell any of the Project Assets to be transferred to “Excise Directorate, GoWB” at book value as determined as of the date of such notice in accordance with the provisions of relevant laws.

• “PC” shall handover the peaceful possession of Project Assets & Listed Assets to “Excise Directorate, GoWB” within 30 days of the date of expiry or termination of the SERVICE AGREEMENT.

• In case of SERVICE AGREEMENT being terminated by “Excise Directorate, GoWB”, “Excise Directorate, GoWB” reserves the right to ask ia to continue running the project operations for a period of 6 months after termination orders are issued.

• Upon service of a notice under this Article the following provisions shall apply:

• in the event, if the Project Assets to be transferred are mortgaged to any financial institutions by the “Project Company”, the “Project Company” shall ensure that all such liens and liabilities have been cleared beyond doubt, prior to such transfer. All documents regarding the discharge of such lien and liabilities shall be furnished to “Excise Directorate, GoWB”.

• all risk in and title to the Project Assets to be handed over/transferred / to be purchased by the “Excise Directorate, GoWB” pursuant to this Article shall be transferred to “Excise Directorate, GoWB”, at the time of actual handing over / transfer / purchase.

• “Excise Directorate, GoWB” shall pay to the “Project Company” on the last day of the exit management period such sum representing the Net Block (procurement price less depreciation as per provisions of Companies Act) of the Project Assets to be transferred as stated in the Terms of Payment Schedule.

• Payment to the outgoing ia shall be made to the tune of last set of completed transactions, subject to SLA requirements and for any Capex component that has been accepted by “Excise Directorate, GoWB” but is pending for payment.

• The outgoing “PC” will pass on to “Excise Directorate, GoWB” and/or to the Replacement “PC”, the subsisting rights in any leased properties/ licensed products on terms not less favorable to Project Director/ Replacement “PC”, than that enjoyed by the outgoing “PC”.

Cooperation and Provision of Information

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• The “Project Company” will allow “Excise Directorate, GoWB” access to information reasonably required to

define the then current mode of operation associated with the provision of the services to enable “Excise Directorate, GoWB” to assess the existing services being delivered;

• Promptly on reasonable request by “Excise Directorate, GoWB”, the “Project Company” shall provide access to and copies of all information held or controlled by them which they have prepared or maintained in accordance with the Agreement relating to any material aspect of the services (whether provided by the “Project Company” or sub contractors appointed by the “Project Company”). “Excise Directorate, GoWB” shall be entitled to a copy of all such information. Such information shall include details pertaining to the services rendered and other performance data. The “Project Company” shall permit “Excise Directorate, GoWB” and/or any Replacement “Project Company” to have reasonable access to its employees and facilities as reasonably required by “Excise Directorate, GoWB” to understand the methods of delivery of the services employed by the “Project Company” and to assist appropriate knowledge transfer.

Confidential Information, Security and Data

• The “Project Company” will promptly on the commencement of the exit management period supply to “Excise Directorate, GoWB” and "WTL" the following:

• Information relating to the current services rendered and customer satisfaction surveys and performance data relating to the performance of sub contractors in relation to the services;

• Documentation relating to Project's Intellectual Property Rights;

• Project Data and Confidential Information;

• Documentation relating to sub-contractors;

• All current and updated project data as is reasonably required for purposes of project or its nominated agencies transitioning the services to its Replacement “Project Company” in a readily available format specified by “Excise Directorate, GoWB”;

• All other information (including but not limited to documents, records and agreements) relating to the services reasonably necessary to enable project or its nominated agencies, or its Replacement “Project Company” to carry out due diligence in order to transition the provision Of the Services to project or its nominated agencies, or its Replacement “Project Company” as the case may be).

• Before the expiry of the exit management period, the “Project Company” shall deliver to “Excise Directorate, GoWB” all new or up-dated materials from the categories set out in Article above and shall not retain any copies thereof.

• Before the expiry of the exit management period, unless otherwise provided under the SERVICE AGREEMENT, “Excise Directorate, GoWB” shall deliver to the “Project Company” all forms of “Project Company” confidential information, which is in its or its nominees or its users possession or control.

Employees

• Promptly on reasonable request at any time during the exit management period, the ia shall, subject to applicable laws, restraints and regulations (including in particular those relating to privacy) provide to “Excise Directorate, GoWB” a list of all employees (with job titles) of the “PC” dedicated to providing the services at the commencement of the exit management period;

• To the extent that any transfer regulation does not apply to any employee of the “PC”, “Excise Directorate, GoWB”, or its Replacement IA may make an offer of employment or contract for services to such employee

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of the IA and the IA shall not enforce or impose any contractual provision that would prevent any such employee from being hired by “Excise Directorate, GoWB” or any Replacement IA.

• “Excise Directorate, GoWB” or Replacement “PC” designated by it shall retain the right for hiring a minimum of 5 key personnel of the outgoing “PC” spearheading the project, as identified by “Excise Directorate, GoWB”, so as to provide for continuity. “PC” is required to incorporate suitable provisions in the appointment orders issued to its personnel.

Transfer of certain Agreements

On request by “Excise Directorate, GoWB”, the “PC” shall effect such assignments, transfers, licenses and sublicenses as the “Excise Directorate, GoWB” may require in favor of “Excise Directorate, GoWB”, or its Replacement “PC” in relation to any equipment, lease, maintenance or service provision agreement between “PC” and third party lessors, vendors, and which are related to the services and reasonably necessary for the carrying out of replacement services by “Excise Directorate, GoWB” or its Replacement “PC”.

Rights of Access to Premises

• At any time during the exit management period, where Assets are located at the “PC's” premises, the “PC” will be obliged to give reasonable rights of access to (or, in the case of Assets located on a third party's premises, procure reasonable rights of access to) “Excise Directorate, GoWB”, and/or any Replacement Implementation Agency in order to make an inventory of the Assets.

• The “Project Company” shall also give "WTL", “Excise Directorate, GoWB” or its nominated agencies, or any Replacement “Project Company” right of reasonable access to the “Project Company's” premises and shall procure “Excise Directorate, GoWB” or its nominated agencies and any Replacement “Project Company” rights of access to relevant third party premises during the exit management period and for such period of time following termination or expiry of the SERVICE AGREEMENT as is reasonably necessary to migrate the services to "WTL" or "Excise Directorate, GoWB" or its nominated agencies, or a Replacement “Project Company”.

General Obligations of the “Project Company”

• The “Project Company” shall provide all such information as may reasonably be necessary to effect as seamless a handover as practicable in the circumstances to “Excise Directorate, GoWB” or its nominated agencies or its Replacement “Project Company” and which the “Project Company” has in its possession or control at any time during the exit management period.

• For the purposes of this Schedule, anything in the possession or control of any Implementing Agency, associated entity, or sub contractor is deemed to be in the possession or control of the “Project Company”.

• The “Project Company” shall commit adequate resources to comply with its obligations under this Exit Management Schedule.

Exit Management Plan

• An Exit Management plan shall be furnished by “Project Company” in writing to WTL and Excise Directorate, GoWB or its nominated agencies within 90 days from the Effective Date of this SERVICE AGREEMENT, which shall deal with at least the following aspects of exit management in relation to the SERVICE AGREEMENT as a whole and in relation to the Project Implementation, and the SLA.

• A detailed program of the transfer process with explicit duration of the process that could be used in conjunction with a Replacement “Project Company” including details of the means to be used to ensure continuing provision of the services throughout the transfer process or until the cessation of the services and of the management structure to be used during the transfer;

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• Plans for the communication with such of the “Project Company's” sub contractors, staff,

suppliers, customers and any related third party as are necessary to avoid any material detrimental impact on Project's operations as a result of undertaking the transfer;

• Proposed arrangements for the segregation of the “Project Company's” networks from the networks employed by “Excise Directorate, GoWB” and identification of specific security tasks necessary at termination;

• Plans for provision of contingent support to “Excise Directorate, GoWB” and Replacement “Project Company” for a reasonable period after transfer.

• The “Project Company” shall re-draft the Exit Management Plan annually thereafter to ensure that it is kept relevant and up to date.

• Each Exit Management Plan shall be presented by the “Project Company” to WTL and finally approved by “Excise Directorate, GoWB” or its nominated agencies.

• The terms of payment as stated in the Terms of Payment Schedule-Include the costs of the “Project Company” complying with its obligations under this Schedule.

• In the event of termination or expiry of SERVICE AGREEMENT, Project Implementation, or Operation and Management SLA, each Party shall comply with the Exit Management Plan.

• During the exit management period, the “Project Company” shall use its best efforts to deliver the services.

• Payments during the Exit Management period shall be made in accordance with the Terms of Payment Schedule.

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SCHEDULE III: AUDIT AND REPORTING SCHEDULE

Purpose

This Schedule details audit, access and reporting rights and obligations of “Excise Directorate, GoWB” and the “PC” under the SERVICE AGREEMENT, Project Implementation, and Operation & Management SLA.

Audit Notice and Timing

• As soon as reasonably practicable after the Effective Date, the Parties shall use their best endeavors to agree to a timetable for routine audits during the Project Implementation Phase and the Operation and Management Phase. During the Project Implementation Phase and thereafter during the Operation Management Phase, “Excise Directorate, GoWB” shall conduct routine audits in accordance with such agreed timetable and shall not be required to give the “Project Company” any further notice of carrying out such audits.

• “Excise Directorate, GoWB” may conduct non-time tabled audits at his/her own discretion if he/she reasonably believes that such non-timetabled audits are necessary as a result of an act of fraud by the “Project Company”, a security violation, or breach of confidentiality obligations by the “Project Company”, provided that the requirement for such an audit is notified in writing to the “Project Company” a reasonable period time prior to the audit (taking into account the circumstances giving rise to the reasonable belief) stating in a reasonable level of detail the reasons for the requirement and the alleged facts on which the requirement is based. If the Implementing Agency considers that the non-timetabled audit was not appropriate, the matter shall be referred to the escalation procedure as set out in the Governance Schedule (Schedule-IV of this SERVICE AGREEMENT).

• The frequency of audits shall be 6 monthly, provided always that “Excise Directorate, GoWB” Shall endeavor to conduct such audits with the lowest levels of inconvenience and disturbance practicable being caused to the “Project Company”.

• In addition to the above, there will be audits conducted by statutory bodies (e.g. CAG) as and when they are required to do it. Notwithstanding any condition given in the SERVICE AGREEMENT, “Project Company” will have to provide these statutory bodies access to all the facilities, infrastructure, documents and artifacts of the Project as required by them and approved by “Excise Directorate, GoWB”, in writing.

Access

The “Project Company” shall provide to both “Excise Directorate, GoWB” and "WTL" reasonable access to employees, subcontractors, suppliers, agents and third party facilities, documents, records and systems reasonably required for audit and shall provide all such persons with routine assistance in connection with the audits and inspections. “Excise Directorate, GoWB” and/or "WTL" shall have the right to copy and retain copies of any relevant records. The “Project Company” shall make every reasonable effort to co-operate with them.

Audit Rights

• “Excise Directorate, GoWB” shall have the right to audit and inspect suppliers, agents and third party facilities, data centres, documents, records, procedures and systems relating to the provision of the services, but only to the extent that they relate to the provision of the services, as shall be reasonably necessary to verify:

• The security, integrity and availability of all project data processed, held or conveyed by the ia on behalf of project and documentation related thereto;

• That the actual level of performance of the services is same as specified in SLA;

• That the “Project Company” has complied with the relevant technical standards, and has adequate internal controls in place; and

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• The compliance of the ia with any other obligation under the SERVICE AGREEMENT and SLA.

• For avoidance of doubt, audit rights under this Schedule shall not include access to “Project Company's” profit margins or overheads associated with any obligation under the SERVICE AGREEMENT.

Audit Rights of Sub-Contractors, Suppliers & Agents

• The “Project Company” shall use reasonable endeavors to achieve the same audit and access provisions as defined in this Schedule with sub-contractors, suppliers and agents who supply labor, services, equipment or materials in respect of the services. The “Project Company” shall inform “Excise Directorate, GoWB” and "WTL" prior to concluding any sub-contract or supply agreement of any failure to achieve the same rights of audit or access.

• Reporting: “PC” will provide quarterly reports to “Excise Directorate, GoWB” and "WTL" regarding any specific aspects of the Project and in context of the audit and access information as required by “Excise Directorate, GoWB”.

Action and Review

• Any change or amendment to the systems and procedures of the “PC”, or sub-contractors, where applicable arising from the audit report shall be agreed within thirty (30) calendar days from the submission of the said report.

• Any discrepancies identified by any audit pursuant to this Schedule shall be immediately notified to “Excise Directorate, GoWB” or the appropriate project Manager from "WTL" and the “Project Company” Project Manager who shall determine what action should be taken in respect of such discrepancies in accordance with the terms of the SERVICE AGREEMENT.

Terms of Payment for Cost of Audit

The “PC” and its sub-contractors, if any, shall bear their own costs of any audits and inspections. The terms of payment are inclusive of any costs of the “PC” and the sub-contractor, for all reasonable assistance and information provided under the SERVICE AGREEMENT, the Project Implementation, Operation and Management SLA by the “PC” pursuant to this Schedule.

Records and Information

For the purposes of audit in accordance with this Schedule, the “PC” shall maintain true and accurate records in connection with the provision of the services and the “PC” shall handover all the relevant records and documents upon the termination or expiry of the SERVICE AGREEMENT.

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SCHEDULE IV: GOVERNANCE SCHEDULE

Purpose

The purpose of this Schedule is to -

• Establish and maintain the formal and informal processes for managing the relationship between “Excise Directorate, GoWB” and the “Project Company” (including the outputs from other Schedules to this SERVICE AGREEMENT);

• Define the principles that both Parties wish to follow to ensure the delivery of the Services;

• Ensure the continued alignment of the interests of the Parties;

• Ensure that the relationship is maintained at the correct level within each Party;

• Create the flexibility to revise and maintain the relationship and this SERVICE AGREEMENT during the Term;

• Set out the procedure for escalating disagreements; and

• Enable contract administration and performance management.

Governance Structure

• The Program Governance Structure to be put in place by “Excise Directorate, GoWB” will have the following units:

• Steering Committee

• Technical and Process Advisory Group

• The composition of each of the above units will be as decided by “The Commissioner, Excise Directorate, GoWB”.

• The technical and process advisory group will have representation from WTL, and one or two members nominated by the Project Company who will advice the “Steering Committee” on technical matters. The commissioner may nominate officers of the Directorate, at his discretion to set the standards, evaluate the performance on a monthly basis.

• The Steering Committee will meet formally at least on a monthly basis.

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SCHEDULE V: TERMS OF PAYMENTS

The manufactory/brewery in the state shall make a request for procurement of the 2D Barcode High Security Holograms and 1D linear barcode labels to the Officer-in-Charge (Holograms) appointed by the Excise Directorate, GoWB at the numbering and barcoding unit of the hologram manufacturer. In case of bottled liquor imported from other states, the procurement request will be sent to the Officer-in-Charge by the concerned bonded warehouse or trade godown of this state. The payment will take place in the following way:

The manufactory/brewery licensee/owner will submit a single Demand Draft/Pay Order/RTGS advice copy, for 100% of the total value plus VAT, in advance, in favor of the successful bidder, for the cost of the holograms and labels, as per the requisition sent.


The “Revenue Share” payment will have to be made on a monthly basis, as per the book of accounting for the successful bidder, failing which a 1% penalty per month will be charged extra.

The details pertaining to the payment and its transfer modalities would be finalized by the Excise Directorate at the time of signing the contract with the successful bidder.

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SCHEDULE VI: CHANGE CONTROL NOTICE

Change Control Note CCN Number:

Part A: Initiation

Title:

Originator:

Sponsor:

Date of Initiation:

Details of Proposed Change

(To include reason for change and appropriate details/specifications. Identify any attachments as A1, A2, and A3 etc.)

Authorized by Excise Directorate, GoWB Date:

Name:

Signature:

Tracked and monitored by WTL Date:

Name:

Signature:

Received by the Implementing Agency (IA) Date:

Name:

Signature:

Change Control Note CCN Number:

Part B: Evaluation

Changes to Services, payment profile, documentation, training, service levels and component working arrangements and any other contractual issue.

Brief Description of Solution:

Impact:

Deliverables:

Timetable:

Authorized by IA Date:

Name:

Signature:

Change Control Note (CCN) CCN Number:

Part C: Authority to Proceed

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Implementation of this CCN as submitted in Part A, in accordance with Part B is: (tick as appropriate)

Approved

Rejected

Requires Further Information

Impact:

For Excise Directorate, GoWB and its nominated agencies

For WTL and its nominated agencies

For the Implementing Agency

Signature: Signature: Signature:

Name: Name: Name:

Title: Title: Title:

Date: Date: Date:

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SCHEDULE VII: SERVICE LEVEL AGREEMENT (SLA)

In order to achieve its objectives, the proposed “HIGH SECURITY HOLOGRAMS WITH BARCODE BASED ELECTRONIC SUPPLY CHAIN MANAGEMENT” system is required to meet certain key service levels which need to be ensured by the “Project Company” during the development and maintenance period.

SLA Definition & Measurement

• As this project is a System Integration project, the implementation portion of the Agreement between Department and the selected “Project Company” will be in the form of a Service Level Agreement, as provided in this Schedule of the Master Services Agreement (SERVICE AGREEMENT).

• The SLAs specifies the expected levels of services to be provided by the “Project Company” to the stakeholders of the Project.

• This expected level is also called the baseline service level.

• Payment of the Charges payable to the “Project Company” is linked to the compliance with the SLA metrics laid down in the table provided as Appendix A to this Schedule of the SERVICE AGREEMENT.

• A set of parameters has been identified to ensure the desired performance level of “HIGH SECURITY HOLOGRAMS WITH BARCODE BASED ELECTRONIC SUPPLY CHAIN MANAGEMENT” system.

• The table lists out the baseline performance level, method of measurement and how low /high performances will be treated.

• The “Project Company” will get 100% of payment if the baseline performance metrics are complied. The “Project Company” will get lesser payment in case of a lower performance on any parameter as detailed in Appendix A.

SLA Metrics

• The Service Level metrics that define the Service Levels, the method of measurement of each SLA and penalty for not meeting the desired performance level are specified in Appendix A of this Schedule.

• The “Project Company” shall comply with the Service Levels specified in the said Appendix A

• During the contract period, it is envisaged that there could be changes to the SLA, in terms of addition, alteration or deletion of certain parameters, based on mutual consent of both the parties i.e. Department and “Project Company”.

SLA Monitoring

• The aforementioned SLA parameters shall be measured on a daily / weekly / monthly / quarterly basis as per the individual SLA parameter requirements, through appropriate SLA Measurement tools to be designed by the “Project Company” for the purpose and audited by the “Steering Committee”. If the performance of the system/services is degraded significantly at any given point in time during the contract and if the immediate measures are not implemented and issues are not rectified to the complete satisfaction of Excise Directorate or an agency designated by them, then Directorate will have the right to take appropriate corrective actions including termination of the contract.

• The SLAs defined in this Schedule of the SERVICE AGREEMENT, shall be reviewed on an annual basis as Directorate decides after taking the advice of the “Project Company”, PMU and other Agencies. All the changes would be made by Department after consultation with the “Project Company”.

Applicability of the SERVICE AGREEMENT

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Apart from the provisions as set out in this schedule, the terms and conditions stated in the SERVICE AGREEMENT shall apply mutatis mutandis to this SLA. In the event of a conflict in interpretation of any Article in the SERVICE AGREEMENT and the SLA, the provisions of the SERVICE AGREEMENT shall prevail.

Appendix-A to SLA

SLA Critical Service Coverage Hours Minimum Performance

Measurement and Reporting

Portal Applications & Services

Portal and Services Availability

Target availability monthly ___

Based on minutes count per month

measured daily

Guaranteed availability yearly

24/7/365 99.7%

99.7%

Measure Daily

Report Monthly

Portal and Services Response Time

(peak hours)

Measured on the Portal LAN to

eliminate network delays

24/7/365 < 1 second

(maximum)

Measure Daily

Report Monthly

Application Management

Web server / Application server /

Database server / integration

Components Availability

24x7 99.7% Measure Daily

Report Weekly

Database Management

Database uptime 24x7 99.7% Measure Daily

Report weekly

SLA Reporting

Generate Monthly Operations and Performance Reports

Business

Hours

Measured Monthly

Power Backup for Systems 2 Hours 99.7% Measured Monthly

Portal Availability

Performance Standard:

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Portal available 99.7% of the time for the entire calendar month.

Penalty:

Failure to meet the above availability requirement will result in a payment of penalty equivalent to 0.1% PBG amount to be deducted from the monthly bill. Failure to meet the above availability requirement for a second consecutive month will result in a penalty payment of 0.2% of the PBG amount. Failure to meet the above availability requirement for "n" consecutive month will result in a penalty payment of nx0.1% of the PBG amount.

Portal Security


Portal Security identifies security breaches, attempted breaches or attacks and takes corrective action within 2 hours of the occurrence. This also applies to mere occurrence of security breach due to failure to adhere to proper security standards as per requirement stated in the RFP.

Penalty:

Failure to meet the above security management requirement will result in a payment of penalty equivalent to 1% PBG amount to be deducted from the monthly bill. Failure to meet the above requirement for a second consecutive month will result in a penalty payment of 2% of the PBG amount. Failure to meet the above requirement for "n" consecutive month will result in a penalty payment of n% of the PBG amount.

Application Availability


Portal applications provided by the “Project Company” will be available to the customer 99.5% of the time for the entire calendar month.

Penalty:

Failure to meet the above application availability requirement will result in a payment of penalty equivalent to 0.1% PBG amount to be deducted from the monthly bill. Failure to meet the above availability requirement for a second consecutive month will result in a penalty payment of 0.2% of the PBG amount. Failure to meet the above availability requirement for "n" consecutive months will result in a penalty payment of nx0.1% of the PBG amount.

Customer Service Responsiveness


Portal Customer Service provided by the “Project Company” will be available to the customer 99.5% of the time for the entire calendar month.

Penalty:

Failure to meet the above service requirement will result in a penalty payment of penalty equivalent to 0.1% PBG amount to be deducted from the monthly bill. Failure to meet the above requirement for a second

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consecutive month will result in a penalty payment of 0.2% of the PBG amount. Failure to meet the above requirement for "n" consecutive month will result in a penalty payment of nx0.1% of the PBG amount.

Problem Resolution


Portal Problem Resolution identifies hardware, software and communications problems within the Portal production environment and takes corrective action within 2 hours of the occurrence.

Penalty:

Failure to meet the above problem resolution will result in a penalty payment of penalty equivalent to 0.1% PBG amount to be deducted from the monthly bill. Failure to meet the above requirement for a second consecutive month will result in a penalty payment of 0.2% of the PBG amount. Failure to meet the above requirement for "n" consecutive month will result in a penalty payment of nx0.1% of the PBG amount.

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SCHEDULE-VIII: IMPLEMENTATION SCHEDULE

All materials are to be delivered and installed within twenty four (24) weeks from the date of “Award of Contract” notification issued by the Directorate of Excise, GoWB to selected "Project Company".

Phase - 1

The first phase of the project will include the IMFL and CS manufactories in West Bengal, the bonded warehouses and the trade godowns till the consignments are dispatched to be delivered to the retail outlets. The foreign liquor imports from overseas will also be included in the scope of Phase 1, in which case, the 2D barcoded holograms will be affixed on the individual imported bottles by the importer after they are received at the trade godowns from the custom bonded warehouses.

The receipt of consignments at the retail outlets and PoS will not be a part of this first phase of implementation.

The milestones of Phase 1 are as follows:

S. No. Milestone Completion Time

1 Setting up of unit for manufacturing, printing, marking/ numbering and supply of 2D Barcode High Security Holograms along with barcode-based Electronic Supply Chain Management System for liquor Sales in West Bengal.

S = T + 24 Weeks

2 Operation & Management for manufacturing, printing, marking/ numbering & supply of 2D Barcode High Security Holograms along with barcode-based Electronic Supply Chain Management System for liquor Sales in West Bengal.

3 Installation of Machinery, implementation and deployment of required system components (hardware and software) at Manufactories, Bonds, Trades and offices of Excise Directorate, GoWB and full scale run of a stable system.

4 Implementation of the SMS communication channel for the retailers to be used for confirmation of confirmation receipt from the trades.

S + 12 Weeks

T, as referred above, is the date of the “Award of Contract” notification issued by the Excise Directorate, GoWB to the selected "Project Company".

In the first phase the successful bidder would execute and operate the ESCMS till the trade godowns for state produced IMFL and CS, bottled liquor exported to other states, and bottled liquor imported from overseas and other states.

Phase 1 will run for the entire duration of the BOOT period till the point when Phase 2 has started.

Phase - 2

In the second phase of the project, the receipt of bottled liquor consignments and their sale at the retail outlets would be included to ensure complete end-to-end supply chain management solution. All the FL and Country Liquor retail outlets in the state will be taken up as part of this rollout and there will not be any phase wise approach across the PoS.

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Phase 2 will start from the beginning of fourth year of the BOOT period and run for the remaining duration of the BOOT period, subject to a checkpoint review of the current state and feasibility of retail outlets inclusion, and subsequent approval provided by the Excise Directorate, GoWB.

Penalty for Delay

For each week of delay in achieving the milestones, Department shall levy a penalty of 1% of PBG for each week delay subject to maximum 10% of the PBG amount. If the Go-Live are delayed beyond two months, or any particular milestone is delayed beyond one month, then Department may terminate the contract and also reserves the right to invoke the entire performance bank guarantee.

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Annexure 2 - Draft FRS for Electronic Supply Chain Management System

Draft Functional Requirement Specifications

Data Capture and Flow Module

Sl. No. Requirements Specifications

01 Should maintain the database of all trades and retail outlets of liquor in the state along with address, liquor license(s), and personal details of in-charge persons

02 Should have the capability to archive the data of individual trades and retail outlets

03 Should have the capability to use the existing license and registration database of Excise Directorate for selecting the parameter values of individual batches

04 Should be capable of capturing the manual data entry of truck and dispatch details, both at the manufactory as well as the bonded warehouse

05 Should maintain the database of all hologram batch requisition and delivery for individual manufactories, to be viewed and monitored by respective parties and excise officials

06 Should have a data capture mechanism to enter and view sales data for the retail outlet owners across different brands and liquor types

07 Should allow authorized excise official to view, modify and approve allocation in the trades

08 Should maintain the audit trail for the allocation in the trades with details of date and time of modification and user details

09 Should have workflow management built in to enable the department to define the workflows required for processing the requests in accordance with its business rules

10 Should provide email notification services of pending and completed activity to the concerned Excise official as well as the system user

11 Should provide deadline check to Excise officials for activity completion

12 Should have management interface to query/monitor the status of the various processes/ activities in progress

13 Should provide the users with a roadmap to show the current progress of the process and the pending steps for completion

14 Should provide indexing capability to enable searching across file systems and database

15 Should alert concerned Excise officials about the trades and bonded warehouses whose data is not captured

Inventory Management Module


01 Should allow authorized Excise Directorate officials to view the inventory data of bottled

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liquor across various establishments and in transit

02 Should be able to consolidate bottled liquor inventory data entered in the system based on manufactories, bonded warehouses, adjunct trades, trades, and retail outlets

03 Should be able to retrieve stock details of the retail outlets at any point of time, in terms of opening balance, receipts, sale, and closing balance for the individual brands

04 Should automatically generate weekly sales reports and inventory reports to allow authorized users to view them

05 Should be able to capture and display the inventory details of 2D barcoded holograms and 1D barcoded labels across the different manufactories

06 Should be able to retrieve the stock details of bonded warehouses and trades for all the bottled liquor types for comparing against the produced or imported liquor in the state

Application Security Module


01 Should have the ability to perform password management functions including controlled password expirations, minimum password length, enforcement of alphanumeric password standards, password history logging, and user locking for failed login attempts

02 Should be designed for high security for handling sensitive information and data related to Excise Directorate and the various establishments

03 Should have adequate checks and balance built in to ensure that the users cannot breach the security of the system

04 Should maintain an audit trail of all the transactions and all entries into the system

05 Should examine all access attempts and traffic into the application for authentication and authorization requirements

06 Should provide auditing and reporting facilities to be utilized in security access controls monitoring

Order Management Module


01 Should capture the requisition workflow for the supply of 2D holograms and barcoded labels from the hologram manufacturer to the manufactories

02 Should be able to handle the requisition process for shipment of bottled liquor across the bonded warehouses, trades and retail outlets

03 Should maintain the activity log for the delivery of 2D holograms and barcoded labels from the barcoding unit to the different manufactories in the state

04 Should capture the truck number, quantity loaded with item code, transporter and driver name, and transport pass number during dispatch from the manufactory or warehouses

05 Should capture the time of dispatch at the manufactory and time of arrival at the bonded warehouse to validate the actual transit time taken against the specified time limit

06 Should have a provision for manual entry of data with a remark note for accepting in case

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of damaged or non-readable barcode labels at the destination

07 Should generate a log sheet for escalation to appropriate authority in case of any discrepancy between the manufactory and the bonded warehouse

08 Should record and handle the damaged or counterfeit cases separately by excluding it from the regular cases

09 Should enable regular stock taking and produce excess stock report, which will enable the authorities to adjust future allocation for a particular bond/trade

10 Should circulate the stock report to all concerned to bring in transparency

Dashboard/Reporting Module


01 Should allow the users to generate user defined reports according to user's access rights

02 Should alert the users on due dates for generation and submission of reports/allocation

03 Should be able to check the current stock availability at the bonded warehouses and pending orders that need to be dispatched in order to provide future shipment dates for dispatches to a particular bonded warehouse

04 Should generate query based reports as required by the stakeholders

05 Should generate an alert in case of picking a wrong case and provide the necessary exception handling

06 Should be configured to reject cases that are picked from the wrong bays and record for inventory accuracy in the warehouse

07 Should calculate the quantity loaded in the truck based on scanning data and update the database, enabling stock update by capturing loading time/date, truck number, destination, order number and transport pass number

08 Should enable online stock update during receipt scanning at the bonded warehouse and trades, and transmit the receipt data to the Central Servers

09 Should provide for manual intervention to enter the details of the case as a fall back option in case of infrastructure failure along with a reason for such entry

10 Should be able to generate reports with specified history details, if required

11 Should have interface to send information through GPRS/Modem to upload the Central Server of Excise Directorate

12 Should allow users to print the stock ageing analysis to check the stock lying at the bonded warehouse and trades

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