M. P. Rural Road Academy, Bhopal (An Institution under M.P...

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Page | 1 M. P. Rural Road Academy, Bhopal (An Institution under M.P. Rural Road Development Authority) Request for Proposal FOR ENGAGEMENT OF AGENCY FOR DESIGN, DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF INTEGRATED WEB SOLUTION IN M.P. RURAL ROAD ACADEMY, BHOPAL (M.P.) SINGLE STAGE TWO ENVELOPE BIDDING Issued By DIRECTOR M.P. RURAL ROAD ACADEMY, WALMI HILLS, KALIYASOT DAM, KOLAR ROAD, BHOPAL (M.P.) 462042

Transcript of M. P. Rural Road Academy, Bhopal (An Institution under M.P...

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M. P. Rural Road Academy, Bhopal

(An Institution under M.P. Rural Road Development Authority)

Request for Proposal

FOR

ENGAGEMENT OF AGENCY FOR DESIGN, DEVELOPMENT, IMPLEMENTATION

AND MAINTENANCE OF

INTEGRATED WEB SOLUTION IN M.P. RURAL ROAD ACADEMY, BHOPAL (M.P.)

SINGLE STAGE TWO ENVELOPE BIDDING

Issued By

DIRECTOR

M.P. RURAL ROAD ACADEMY,

WALMI HILLS, KALIYASOT DAM,

KOLAR ROAD, BHOPAL (M.P.) 462042

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TABLE OF CONTENTS

S.No. Content Page

1 NOTICE INVITING TENDER 3

2 IMPORTANT DATES AND INFORMATION 4

3 INFORMATION TO BIDDER 5

4 ELIGIBILITY CRITERIA 8

5 LETTER OF INVITATION (LOI) DATA SHEET 9

6 TERMS OF REFERENCE (TOR) 11

7 SUPPLEMENTARY INFORMATION FOR BIDDERS 17

8 TECHNICAL BID SUBMISSION FORM 18

9 FINANCIAL BID SUBMISSION FORM 23

10 SAMPLE FORM OF CONTRACT AGREEMENT 25

11 GENERAL CONDITIONS OF THE CONTRACT (GCC) 27

12 SPECIAL CONDITIONS OF CONTRACT 34

13 BID SECURITY (BANK GUARANTEE FORMAT) 35

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IMPORTANT DATES AND INFORMATION

S.No. Description Details

1 Cost of Tender Document Rs. 5000/- ( Inclusive of service tax)

2 EMD

Rs. 30,000/- in the form of FDR of any Scheduled

Commercial Bank in favour of Director MPRRA,

Bhopal Payable at Bhopal valid for 04 months.

3 Performance Security

Deposit

10% of the software development and maintenance cost in

favour of Director M.P. Rural Road Academy payable at

Bhopal or in the form of unconditional Bank Guarantee

with validity for a period 06 months beyond the contract

period which includes software development, support and

maintenance period.

4 Address and place of

Submission of Tender

Madhya Pradesh Rural Road Academy

Walmi Hills, Kaliyasot Dam, Kolar Road,

Bhopal (M.P.) 462042

5 Tender Document Delivery

Mode

Through Speed Post / Registered Post/ Courier or

by person

6 Pre Bid Meeting

At 11:30 PM 31/08/2018 in the conference hall of Madhya

Pradesh Rural Road Academy, Walmi Hills, Kaliyasot

Dam, Kolar Road, Bhopal (M.P.) 462042

7 Last date and time of

Submission of proposals Upto 3:00 P.M. on 11/09/2018

8 Date of opening Technical

Bid From 3:30 P.M. on 11/09/2018

9

Date of opening Financial

Bids of technically qualified

bidder

At 11:30 A.M. on 18/09/2018

10 Venue of opening tender

Madhya Pradesh Rural Road Academy

Walmi Hills, Kaliyasot Dam, Kolar Road,

Bhopal (M.P.) 462042

11 All the bid documents need

to be duly signed and sealed. Yes

12 Duration of contract Four years and Six months from the date of signing the

contract.

13 Validity of Tender 90 days from the date of opening of tender

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2. INSTRUCTIONS TO BIDDERS (ITB)

2.1. M.P. Rural Road Academy, Bhopal is a training and research institute of MPRRDA, an

Agency of the Govt. of MP, hereinafter referred to as Academy, invites the most suitable

technical and competitive financial offers for the assignment named “Design, Development,

Implementation and Maintenance of Integrated Web Solution for M.P. Rural Road

Academy, Bhopal”

2.2. Eligible Firms are hereby requested to submit most suitable technical proposal and

competitive financial proposals for the above assignment.

2.3. The RFP document consists of the following:

i. Notice Inviting Proposals and important dates etc.

ii. Instructions to Bidders (ITB).

iii. Supplementary Information for Bidders.

iv. Terms of Reference (ToR)

v. Formats for Technical and Financial proposals. (Form F1 to

F7)

vi. Form of Contract Agreement (Annexure-II).

vii. General Conditions of Contract (Annexure-III).

viii. Special Conditions of Contract (Annexure-IV)

ix. Bank Guarantee Format (Annexure-V).

2.4. Submission of Proposals: The proposals shall be submitted in two parts, viz.,

“Technical” and “Financial” on the prescribed forms with respective markings on envelops,

in bold letters. 2.4.1 The first sealed envelope should be marked “Technical Proposal” with the name

of the assignment, name of bidder and addressed to Director MPRRA. Technical bid envelop

will contain EMD instrument and documents listed in para 6.1.1. If bid document is

downloaded from website cost of bid document in the form of DD should also be submitted

in separate cover with the Technical bid.

This Envelope should not contain any information pertaining to the quoted prices whatsoever.

2.4.2. The second Envelope marked “Price Bid” w i th the name of the assignment, name

and address of the bidder and indicating “DO NOT OPEN WITH TECHNICAL

PROPOSAL” s h o u l d b e p r o p e r l y sealed. The price should strictly be quoted as

per the format prescribed (Form-7).

2.4.3 Both these sealed envelopes and envelope containing DD for cost of bid document

should again be placed in a sealed cover with the name and address of bidder may be

delivered in the office of Director, M. P. Rural Road Academy, Walmi Hills, Kaliyasot Dam,

Kolar Road Bhopal (M.P.) up to 3:00 PM on dated 11/09/2018 through Regd. Post / courier

or by hand. Offers received late, on account of any reason whatsoever, shall not be considered

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2.5. Opening of Proposal: Technical proposal will be opened on 11/09/2018 at 3:30 PM,

by a team of officers, in the office of the Director, M. P. Rural Road Academy, Walmi Hills,

Kaliyasot Dam, Kolar Road Bhopal (M.P.) in the presence of such bidders or their authorized

representative who would like to attend. If pre notified date is declared a holiday bids will be

opened on the next working day.

2.6. Bid Evaluation: A two-stage procedure will be adopted for evaluating the proposals with

the Technical Evaluation being completed prior to Price bid opening. The Technical

Proposals will be evaluated using the criteria mentioned in Annexure-I "Eligibility criteria".

2.7. Documents

The documents mentioned above, including this covering letter will form the part of the

Tender Documents. Each of the above documents and also other documents as per tender

requirements, are to be submitted duly stamped & signed on each page by t h e authorised

representative in token of acceptance of conditions which shall constitute your bid.

2.8. The Bid Security of Rs. 30,000/- (Indian Rupees Thirty Thousands Only) in the

form of FDR of a Scheduled Commercial Bank in favour of "Director, M.P. Rural Road

Academy, Bhopal", payable at Bhopal, shall accompany the Bid. Bids received without Bid

Security will be rejected outrightly. The Bid Security of all Bidders shall be returned within

thirty (30) days of signing of contract with the successful Bidder.

Bid security may be forfeited if ;

(i) Bidder withdraws his offer within the bid validity period,

(ii) Do/ does not submit required performance security and sign the Agreement within

in the prescribed time limit.

2.9. Performance Guarantee (PG): In the event of award of contract, the agency shall be

required to deposit an amount (in Indian Rupees) equivalent to 10% of the contract

value (cost of software and maintenance cost) towards the performance guarantee in the form

of FDR from Scheduled Commercial Bank in favour of M.P. Rural Road Academy payable

at Bhopal or in the form of unconditional Bank Guarantee with validity for a period of 6

month beyond the contract period (including Maintenance Period) in the prescribed format.

2.10. Basis of Price Offer: The Price Offer shall be for the work, specified in the scope

of work and shall remain FIRM throughout the period of contract. Quoted Price will be in

Indian Rupees inclusive of travel, stay, out of pocket expenses, cost of producing documents,

taxes etc.

2.11 Taxes : The rates quoted by the Bidder shall be deemed to be inclusive of the GST and

other levies, duties, royalties, cess, toll, taxes of Central and State Governments, local bodies

and authorities that the Bidder will have to pay for the performance of this Contract. The

Employer will perform such duties in regard to the deduction of such taxes at source as per

applicable law. 2.12. The Academy reserves the right to ask the bidder to justify and establish price / rate

reasonableness.

2.13. Signing of Contract Agreement: In the event of an award, the Agency shall be required

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to enter into a Contract Agreement on prescribed form with the Academy on non-judicial

stamp paper of the required amount, within 15 (fifteen) days from the date of the issue of

Letter of Award (LOA) failing which EMD will be forfeited and Firm will not be allowed to

participate in the Academy Tenders for a period of 01 year. 2.14. Validity of Bid: Bidders have to keep their Bids / Quotations valid up to 90 days from

the date of opening of the Technical Proposals. 2.15. Bidders are required to submit the proposal as per requirement of the document, without

any deviation in the terms of requirement / provisions / payment term etc. Conditional bid

will be liable for rejection.

2.16. M.P. Rural Road Academy reserves the right to accept / reject any / all offer /

proposal without assigning any reason.

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Annexure - I

3. ELIGIBILITY CRITERIA Eligible Bidders:

I. A Bidder may be a natural person, private entity, government owned entity.

II. Consortium, Joint venture is not permitted for participation in this bid.

III. Firm should have GST registration.

IV. Firm should have EPF registration.

V. Bidder should have minimum turnover of Rs. One Crore from software business

in any one financial year during last three financial years (namely FY 2015-16,

FY 2016-17, FY 2017-18).

VI. Bidder should be in software development, testing, deployment and

maintenance work as main business and should have at-least 5 years’

experience.

VII. Bidder should also have experience of developing Integrated web based solutions.

Agency must have experience of atleast three no. of projects in

government/private sector, each minimum contract value of Rs. 25 lakhs in last

five years.

VIII. Agencies earlier worked for Integrated Web Solution development and support.

IX. Bidder should have at-least 25 development/testing professionals and should

have experience in PHP, My Sql, XML, Java and other technologies/platforms.

Note : Relaxation for start-up as per Govt. Of India (Ministry of Heavy industries and

public enterprises) notification dated 01 Nov. 2016 and Govt of Madhya Pradesh

Commerce, Industries and Employment department notification No. F:6-

14/2012/v& X;kjg Bhopal dated 04-01-2016 shall be applicable.

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4. INSTRUCTION TO BIDDER (ITB)

DATA SHEET a. The name of the Assignment

:

Engagement of agency for “Design, Development,

Implementation and Maintenance of Integrated Web

Solution in M.P. Rural Road Academy, Bhopal”

b. Name of the Organization

MP Rural Road Academy, Bhopal

c. Scope of work

:

As per ToR

d. Bid Security

:

Rs. 30,000/- in the form of FDR in favour of

D i r ec to r , MP Rural Road Academy payable at Bhopal. e. Performance Guarantee

:

Equivalent to 10% of the contract value in the form of

FDR / BG, in favour of Director, MPRRA Bhopal,

from any Scheduled Commercial Bank with validity of

six months beyond the contract period, including

maintenance period. f. Role of Academy

:

1. Detailing out requirement and providing necessary

information required for software development.

2. Monitoring / Review & t o Provide

comments at various stages of the software

development life cycle.

3. Testing of software for coverage of scope of

work, bug free operation and pointing out

the bugs / gaps / performance issues for

corrective action.

4. Identifying the enhancement requirement, if any,

after test deployment of solution, conveying to

agency, agreeing to the effort estimate.

5. Monitoring at various stages of enhancement

process, testing and acceptance before deployment

on target environment.

g. Last date & time of submission

of bids

:

up to 3:00 PM on 11/09/2018

h. The address for submission of

Bids

:

O/o Director,

Madhya Pradesh Rural Road Academy,

Walmi Hills, Kaliyasot Dam, Kolar Road,

Bhopal (M.P.) - 462042 India

Telephone No. :: 0755- 2499054

E-mail : [email protected]

Web site : www.mprra.com

i. Pre bid Meeting at 11.30 A.M. on 31/08/2018

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j. Mode of Proposal Submission :

As per ITB

k. Technical Proposal Opening

date & time

:

At 3:30 PM on 11/09/2018 at Conference Hall at

Walmi hills, Kolar road Bhopal (M.P.)

l. Price Bid opening date & time

:

At 11:30 AM on 18/09/2018 at Will be intimated

separately post evaluation of Eligibility cum Technical

proposal to the technically responsive bidders

m. Validity period

:

Ninety (90) days from the date of Submission of the

proposal

n. Effective date

(commencement of the

assignment)

:

Successful Bidder shall have to submit the performance

security and sign the agreement within 15 days after issue

of acceptance letter.

o. Duration to complete the

assignment / Engagement period

:

a. 4 months’ time for software development,

testing and deploying in test environment by

agency.

b. One Month time for agency to test in test

environment and acceptance of the solution by the

Academy.

c. One month time for agency to migrate it on

Academy’s target environment.

d. One year support/ warranty period.

e. Three years maintenance period after support/

warranty period.

f. Training of personnel. p. Cost escalation

:

NO price escalation will be allowed during the entire

engagement period.

Note: - In case, the above dates are declared as holiday/ local holiday, then the tender

opening date will automatically get shifted to the next working day.

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5. TERMS OF REFERENCE (ToR)

5.1 SCOPE OF WORK

5.1.1 Duration of Engagement a. Total Six months’ time is estimated for solution development, it’s testing by the

Academy in test environment, problem rectification, solution acceptance and

deployment of software solution to the Academy’s target environment.

b. After acceptance of solution and deployment to target environment one year

support/warranty period for the solution will be there.

c. After completion of support period three years maintenance period will start.

5.1.2 Methodology

a. The Agency is required to design, develop, implement, test and deploy the web based

Integrated Solution as per the requirement spelled out in this document and the

clarification / detailing provided after award of contract. The Agency is expected to

follow the industry standards of Software Development Life Cycle methodology.

b. The timely development of solution based on the requirement, quality of the solution and

security is the essence of engagement.

c. The software solution will be accessible though internet on various browsers and

should also be accessible through Tablet phones and Smart phones.

d. The solution designed should be user friendly. e. The solution should preferably be developed using open source technologies. In case

Agency feels some system software / software tools are required for development /

testing / deployment of solution, which have cost associated to it; Agency should include

the cost in their proposal under the development cost component itself. No software license

cost will be paid extra.

f. The software solution should be compatible to the Oracle/MySQL technologies.

g. The Agency will be required to hand over System Documents / User Manual and Training

Manual / Electronic Modules to the Academy.

h. The Academy will have the Intellectual Property Rights of solution developed.

i. The selected Agency may ask for further details of requirement during requirement

study and subsequent stages of SDLC for solution purpose.

j. The software should be Unicode compatible so that entries in Hindi language can also be

done and retrieved in reports as well in addition to English language.

k. The Agency is expected to prepare Business Requirement Documents (BRDs) for each

module after getting the requirements from Academy in detail. This document, once

prepared, will be approved by the Academy. The document will serve as a basis to the

requirements cited by Academy and Agency is expected to keep the compliance with each

of the document.

l. The developed solution, as a whole, would be completely owned by the Academy including

source code, BRDs, Technical Design Documents, User Manuals, Training Manuals or any

other documents related to the solution. Academy may/may not transfer these to other

Agency after completion of the project duration.

m. The solution should be designed in such a way that all the aspects of technical design are

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covered during requirement gathering phase. So that, at no point in time, vendor is unable

to incorporate the changes suggested by the Academy. Designed solution should be

flexible as well as scalable in nature.

5.1.3 Statement of Work (SoW)

Detailed Statement of Work will be covered during the feasibility study and requirement gathering

phase and will be signed off by this Academy.

5.1.4 Executive Summary

This Statement of Work describes the goals, objectives; requirements, scope and approach to assist

with the development of the work flow based web portal for the Madhya Pradesh Rural Road

Academy, Bhopal (M.P.) which includes the development of the following modules, there is need of

mobile app as well which allows the candidates user of the portal to login with their registered

credentials and participate in the assessment test before and after the training.

Following are the modules that needs to be developed

1. Office Management – Administration Module (To be facilitated by e-Office)

2. Inventory /Asset Management Module

3. Library Management Module

4. Laboratory Management Module

5. Financial & Accounting Management Module (To be integrated with Tally)

6. Training & Skill Management/Assessment Module

7. Faculty Management Module

8. Hostel & Guest House Management Module

9. Trainee Management Module

10. e-Learning Module

Each module of this portal are interdependent and share some data at different levels with each other.

Mobile app (Android) will also be integrated with the same portal. Assessment tests published from

the web portal will be available on the mobile app for the candidate to participate and evaluate

themselves.

Portal is to be integrated with SMS gateway to send the notification to the portal users on some

predefined instances. Attendance will be captured using the existing biometric devices installed in the

MPRRA premises. The portal, being the complete Integrated Web Solution, is also to be integrated

with a payment gateway to release and receive the payments on behalf of the Academy.

This Portal will be a standalone application and will not fetch the data or share the data with any

other web portal or website. Content or some other details of the existing website of MPRRA

(http://www.mprra.com) will also be managed from this portal.

Information present in the existing website of this Academy such as nominations, registrations of

trainees and other activities / data should also be fetched into the Integrated Web Solution.

Hosting Plan

It is proposed to host the proposed solution developed by successful bidder for MPRRA at the

Madhya Pradesh State Data Centre. Successful bidder may be required to put at least one

resource person for the support purposes on temporary/permanent basis for the hosted server.

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Additional cost for hosting the server at State Data Centre as well as procurement of Hardware,

if any, will be borne by the Academy.

5.1.5 Solution & Delivery Approach

Successful Bidder will follow Iterative project lifecycle. Following points will be Included:

• Detailed Statement of Work (SoW) Signoff

• Software Requirement Specification (SRS) Signoff

• Business Requirement Documents (BRD) Signoff

• Development Environment for Development Team.

• Test Environment for client and in-house Testing Team.

• Target Environment for Deployment and Go-live.

5.1.6 Key Assumptions

• SMS Gateway & API cost will be borne by the Academy. All other integration and

coordination activities will have to done by the successful bidder.

• Integration of Biometric attendance machine installed at Academy’s premises will be done with

the proposed system by the successful bidder.

• All the data capturing forms and business logics required to develop the portal will be approved

by MPRRA.

• Cost related to the hosting of the portal will be taken care by the MPRRA.

5.1.7 Deliverables

The solution includes following phase wise deliverable:

• Web Interface (one each for above described modules).

• Integrated Web Interface (consisting of all above modules).

• Mobile app for the candidates (Only Test module).

• Requirement artifacts (SRS).

• BRDs.

• Unit Test Cases for each module.

• Source Code listing of Final version deployed.

• User Manual and Training Manual.

• Operational training to designated users of Academy.

• Any other document outlined by the Academy during the course of project.

5.1.8 General Requirement

1. Software solution should be web based accessible through internet to user across the Globe.

Accessibility can be granted based on user name and password.

2. User shall be able to access the records for his jurisdiction only, i.e. developed solution should

be role-based.

3. Higher authority will be able to access all the information.

4. Academy user will be able to access the records / reports.

5. Provision for separate role for case entry and validation. Once a data is validated it cannot be

modified by normal user. Such modification / deletion will be allowed through super user role.

6. The record deleted will be there in the database as in-active and will not appear in normal

reports / views

7. Audit trail for each modification / deletion will be maintained with proper reports

8. Search facility should be available on various parameters outlined by the Academy.

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9. Notification Alert via SMS, email for upcoming Important dates, like next hearing date, New

Case etc to designated senior officer in the hierarchy

10. Provision for user creation, deletion , role change, case transfer (Change of OIC) only through

system admin role (to be assigned at Academy level)

11. Provision for Master Entry only through system admin role.

12. Software solution should be compatible for all common browsers like IE, Google Chrome,

Mozilla Firefox, Opera, Safari etc. Software should also be accessible from mobile devices like

Tablets phones and Smart phones.

13. Software solution preferably uses bootstrap technologies so that it can also be used in mobiles /

tablets also.

14. Extensive search and view facility for all level should be provided.

15. Provision for uploading the documents (order copy etc) with ease would be preferred. Detailed

reporting requirement is being worked out and shall be spelt out by the Academy during

requirement gathering phase of the project.

16. The provision of notifications to designated top management users is also expected.

17. The user training for using the system will be provided by selected Agency for designated

group of officers of Academy. Academy will nominate 100 users for training.

18. These trained officers will in–turn train the other users down the line in the Academy.

5.1.9 Time Schedule/Completion Period: a. The successful bidder shall be required to complete the development, testing and test

deployment of solution with proper security features within 4 months time from the

date of work order.

b. Users, namely, departments M.P. Rural Road Academy and/or M.P. Rural Road

Development Authority will test and provide feedback. The Agency will rectify the

problem identified or enhance/modify the solution capability to meet the

requirements. This activity will be completed within one month.

c. After successful testing and acceptance by User(s) the software will required to be

deployed on M.P. Rural Road Academy environment within one month’s time.

d. After acceptance of software on target environment the support period of one year will

start. After support period of one year, the maintenance period of three year will start.

S.No Activity Time Duration (in months)

Cumulative duration (in months)

1

Complete the development, testing and test deployment of solution with proper security

features 7 7*

2

Testing by User Department and rectification of issues identified by User dept. during testing 1 8

3

Go-live and Deployment on Target Environment 1 9

4 Training for the nominated officials (to go parallel with support period) 1 10

5 Support/Warrantee period 12 22

6 Maintenance period 36 58

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7 Providing User Manual 1 Month before Go-live

5.1.10 Terms of Payment: Payments as indicated below will be made to the Agency within

45 days by Academy on production of Bills in triplicate and relevant supporting document if any:

A. 60% (Sixty Percent) of software development cost, as detailed below, will be paid after

completion of successful testing by user(s) M.P. Rural Road Academy / M.P. Rural Road

Development Authority in testing environment as specified in para 5.1.9 (a) ;

20% (Twenty percent) of software development cost will be paid after completion

and successful testing of 1st batch of modules by user MPRRA / MPRRDA. Remaining

40% (Forty Percent) payment will be released in two equal instalments after completion

and successful testing of each batch of modules. The last instalment of the above payments

will be made only after successful delivery of Source code including listing for all versions

to the Academy.

B. The 20% of software development cost will be paid after solution acceptance and

successful migration of software in the target environment of M.P. Rural Road Academy

as specified in para 5.1.9 (b) above.

C. Afterwards, quarterly payment of remaining 20% cost of software development will be

made in four equal instalments during support period.

D. Similarly the maintenance charges will be paid after completion of one year

warranty/support period on quarterly basis starting on completion of 1st quarter of

maintenance.

E. In case any major enhancement is needed by the Academy, after acceptance of the

software solution deployed in target environment, the enhancement cost based on the

blended man-month charges for efforts agreed will be paid after successful testing of

enhancement by Academy and its deployment on target environment. The

enhancements are the features/Functionalities/Modules which are not covered under

Business Requirement Documents (BRDs).

F. All payments will be made only after submission of bills / invoice in triplicate on

Firm’s printed bill form along with supporting documents required, if any,

G. The enhancement cost will be limited to maximum 50% of software development cost.

5.1.11 EXTENSION OF TIME

In case of delay in development of software, extension of time may be granted on receipt of

express request from the Agency on such terms and conditions as Academy may deem fit.

5.1.12 PENALTY

In case Agency fails to meet the time schedule, without any valid reason, penalty at the

rate of 0.25 % per week, of the software development cost, subject to a maximum of 10% of the

software development cost will be levied.

5.1.13 LOGISTIC SUPPORT

Since, the software development is envisaged on offsite basis, MPRRA, shall not provide any

logistic support including working space, furniture, electricity, computers, laptops, internet

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connections, fax facility, papers etc to the agency’s personnel during engagement period.

Travel, stay and out of pocket expense will also be required to be borne by selected Agency .

5.1.14 MANAGEMNT AND MONITORING FRAMEWORK

MPRRA shall act as Nodal Agency for all co-ordination activities among the entities and

agency. The Nodal Officer (nominated by Academy) will communicate with Agency and

convey the Academy’s decision to the Agency. Academy's Nodal Officer shall also be

designated for better coordination and communications.

The problem reporting and addressing the same shall be managed through incident

management tool, in which users of Academy will log the incidents of problem and those

incidents shall be fixed by selected Agency personnel and after testing shall be deployed in test

/ target environment. After verification the incident shall be closed by Academy designated

officer. Timely closure of incident shall be ensured by selected Agency during testing/

acceptance / support and maintenance period.

5.1.15 Clarification on Maintenance period & Warranty/Support Period:

Support/Warranty Period: Starting from just after the issuance of Completion certificate of

Development work from the Academy, the Agency is expected to support the system for 1 year.

The support period includes of fixing the issues raised by user department(s), minor enhancement

chalked out by the Academy, any other technical issues faced by the users. There will be no extra

cost associated to services written above.

Maintenance Period: After issuance of completion certificate of Support/Warranty period, the

Maintenance Period will start. Services provided by the Agency, will remain the same as in

Support/Warranty period; However, the payment will be made as per the quoted rates for the

services provided.

Deciding Quantum of Blended Man-months for any Major enhancements:

Nature of enhancement (whether minor or major) will be decided by a joint group of 2 nominated

technical officials by Academy and 1 representative from the Agency. Also, the required Man

month will be approved by the Director of Academy on the recommendation of this joint group.

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6. SUPPLEMENTARY INFORMATION FOR BIDDERS

6.1. PROPOSALS

(1) Proposals will be evaluated with reference to eligibility criteria given in section-3 Annexure-I of

the document.

6.1.1 The following documents should be submitted with the Technical Proposal;

(a) A brief description of the firm with the name(s) of Proprietor/Partners or Directors, name of

contact person, telephone numbers/email address etc.

(b) Details of the relevant past experience of similar assignments / projects executed during the last 5

years in the format given in Form F-2 (Major and most relevant projects to be quoted, minimum

three with relevant satisfactory completion certificates issued by the Employer).

(c) The copy of balance sheets, Profit and Loss A/c (2013-14 to 2017-18) and report thereon.

(d) Any comments or suggestions of the bidder on the Terms of Reference as given in Form F-5.

(e) A description of the manner in which bidder would plan to execute the work viz. work plan, time

schedule for this assignment with activity bar chart be mentioned ( in Form F-3)

(f) GST Registration is mandatory. Bidder shall submit copy of GST Registration.

(g) Bidders are requested to submit the work order and project completion / satisfaction certificate

from the authorized signatory of client for the projects being showcase by them as experience.

(h) Copy of Relaxation for start-up as per Govt. Of India (Ministry of Heavy industries and public

enterprises) notification dated 01 Nov. 2016 and Govt of Madhya Pradesh Commerce, Industries

and Employment department notification No. F:6-14/2012/v& X;kjg Bhopal dated 04-01-2016,

Granted to the bidder should be attached.

6.1.2 Financial Proposals – Financial proposal should be submitted in prescribed form F6 & F7.

Quoted Price will be in Indian Rupees inclusive of travel, stay, out of pocket expenses, cost of

producing documents etc, taxes & duties.

6.1.3 In preparing the proposal, the agency should give particular attention to the following

(a) The solution should be proposed on open source technologies, as far as possible.

(b) In case agency feels that any priced software is necessary then its cost should be

included in the software development cost.

6.2 OPENING AND EVALUATION

6.2.1 Alternate bids shall not be allowed.

6.2.2 Only those who have paid appropriate bid security will be evaluated further.

6.2.3 Only those bidders who qualify Eligibility Criteria will be evaluated further.

6.2.4 Technical evaluation: Evaluation team will thoroughly review the proposals submitted by

various bidders. The evaluation based on the eligibility criteria mentioned in the bid document.

6.3 Price-Bid Evaluation

6.3.1 The financial bids of technically qualified bidders shall be opened in the presence of bidders or

their representatives who choose to attend the price bid opening. The price quoted by the

bidders shall be announced.

6.3.2 It will be determined whether the financial proposals are complete and without any

computational error. In case of errors the unit rates shall be considered as final and the amount

shall be worked out accordingly.

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FORM NO. F-1

7. SUBMISSION LETTER OF TECHNICAL PROPOSAL From

___________________ ___________________

To:

Director, MP Rural Road Academy

Walmi Hills, Kaliyasot Dam,

Kolar Road, Bhopal Sir,

Subject: Engagement of agency for “Design, Develop, Implement and Maintenance of

Integrated Web Solution in M.P. Rural Road Academy, Bhopal"; I/We __________________________ Software development Firm herewith submit Technical

Proposal for selection of my/our firm as agency for _________. Yours faithfully Signature: _____________________

Full Name: _____________________

Address: _____________________ SEAL

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FORM NO. F-2 ASSIGNMENTS OF SIMILAR NATURE SUCCESSFULLY COMPLETED DURING

LAST 5 YEARS AND OTHER PROJECT EXPERIENCE REQUIREMENTS a. Brief Description of the Firm

Sl

No

Name of

Assignment

(Brief

Scope)

Name

of

Project

Client

Name

Cost of

Assignment

Date of

Commencement

Date of

Completion

Whether

Assignment

was

successfully

completed

The firm should also give details of the On-going similar assignment in the above format.

Note:

B. Please attach documentary proof for award and successful completion of the assignment

indicating the role. The certificate issued by Client’s authorised representative towards

successful completion would be required.

Signature: ______________

Full Name: _____________

Address: _______________ SEAL

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FORM NO. F-3

WORK PLAN TIME SCHEDULE (Bidder may furnish the work plan, time schedule for various activities and

methodology/approach involved for project duration. Work Plan should be attached separately Signature: ______________

Full Name: ______________

Address: ______________ SEAL

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FORM NO. F-4 Composition of software tools / technologies proposed for the solution:-

PROPOSED SOFTWARE TOOL / TECHNOLOGIES FOR THE SOLUTION

S.

No. Description along with OEM & version Used For

No of

Licenses

proposed

Whether open

source or priced

product

Signature: ______________

Full Name: ______________

Address: ______________ SEAL

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FORM NO. F-5 COMMENTS / SUGGESTIONS OF BIDDER On the Term of Reference: 1.

2.

3.

4.

5.

6. Signature: ______________

Full Name: ______________

Address: ______________ SEAL

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FORM NO. F-6

8. SUBMISSION LETTER OF FINANCIAL PROPOSAL

From:

_____________________

_____________________

_____________________

_____________________

Sir, Price bid for “Design, Develop, Implement and Maintenance of Integrated Web Solution in

M.P. Rural Road Academy, Bhopal "; I / We _____________________________________ software development agency firm herewith enclose Financial proposal for selection of my / our firm as agency for

___________________________. Signature: ______________

Full Name: ______________

Address: ______________

SEAL

To:

Director, M.P. Rural Road Academy,

Walmi Hills, Kaliyasot Dam,

Kolar Road Bhopal-462042

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FORM NO. F-7

SCHEDULE OF PRICE BID

(To be submitted with Financial Offer in Second Envelope)

Selection of agency for “Design, Develop, Implement and Maintenance of Integrated Web

Solution in M.P. Rural Road Academy, Bhopal"

The Price bid must be containing following details, as indicated below -

Sl

No

Particulars

Qty

Unit

Rate

(In

Indian

Rs)

Amount

(In Indian

Rs)

1

Charges for Integrated software design,

development, testing deployment on test

environment and migrating to target

environment with One year of support

1 Lump

Sum

2

Maintenance Charges after support period on

YoY basis payable quarterly in 4 equal

instalments every year

3

Years

Year-1

Year-2

Year-3

Total

----------

3

Blended Man month rate for major

software enhancement after testing and

deployment up-to support period

100

Man

Month

Grand Total

Note:

(1) Bid will be evaluated on the basis of total price bid for all the three components, though the

blended man-month rates are not part of assignment cost but shall be applicable in future, if

any , major enhancement is required after testing and deployment of solution as per

Academy’s requirement.

(2) The prices shall remain FIRM till completion of the Assignment.

(3) Quoted Price is inclusive of all travel, stay, out of pocket expenses, cost of producing

documents etc. Signature: ______________

Full Name: _____________

Address: ______________

SEAL

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Annexure-II

9. FORM OF CONTRACT AGREEMENT CONTRACT AGREEMENT FOR SOFTWARE DEVELOPMENT & ASSOCIATED’

SERVICES This agreement is made this ___________day of____________2018 between

Shri/Ms_______________ carrying on business in partnership/proprietorship/company in the

name and style of _________________________________________being a Firm/Company

registered under the Indian Partnership Act, 1932/ The Companies Act, 1956, having its office

at_____________________________________________(hereinafter called the

Agency which expression shall where the context so admits, be deemed to include the Company

(in case of Company formed and registered under Companies Act, 1956) and all and each one of

the partners as included in the deed of partnership jointly and separately (in case of firm formed

and registered under Indian Partnership Act, 1932 and their/his heirs, executors, administrators

and representatives) of the one part, and the Madhya Pradesh Rural Road Academy Bhopal, (here-in-after called the MPRRA which expression shall where the context so admits, be

deemed to include its permitted assigns) of the other part, WHEREAS in accordance with a notice Bid specification no. __________________ issued by the ________________________________ of MPRRA, the

Agency submitted their/his tender and opened on _________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

________________ (tender specification no.

______________________________________________more particularly described,

mentioned, enumerated or referred to in the general conditions, specification, schedules, drawings,

form of tender covering letters, schedules of prices and further correspondence, a copy each of

which is hereto annexed and it is for purposes of identification, signed by

Shri__________________________ Son of Shri. _________on behalf of the Agency and

Director on behalf of the MPRRA and all of which shall be deemed to form part of this

agreement as though separately set out herein and are included in the expression “Contract” here

in used(hereinafter referred to as the said works). AND WHEREAS the Academy has accepted the tender of the Agency vide order

No._______________________________ dated_______________ for execution of the said work

for the sum of Rs____________ (Rs.__________________ only) on the terms and subject to the

conditions hereinafter mentioned. NOW THEREFORE THIS agreement witnesses and it is hereby agreed as follows:-

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The following documents are integral part of agreement

I. Notice Inviting Proposal

II. Instructions to Bidder

III. Terms of Reference

IV. Technical Bid – Submitted by the bidder

V. Financial Bid– Submitted by the bidder

VI. General and Special Conditions of Contract

VII. Letter of Award

The agency shall execute the said work and do, perform and carryout all matters incidental and/or

ancillary thereto within the time specified in the and in accordance with the terms and conditions

specified in the contract.

For the work done under Clause-I, the MPRRA shall pay to the Agency Rs.__________

(Rs._______________________________________________) only or such other sum as may

become payable in accordance with the contract. In all matters arising under out of or in relation

to this agreement the terms and conditions of the contract shall apply and all such matters shall be

determined accordingly.

This agreement shall be deemed to be entered into at Bhopal and all disputes and claims, if any,

of or in respect of this agreement are to be settled at Bhopal or be triable only in any competent

court situated at Bhopal.

In witness where of the parties hereto have signed this agreement on the dates and year mentioned

against their respective signature.

ON BEHALF OF AGENCY WITNESS

1. Signature

Address:

Signature

Address 2. Signature

Address:

ON BEHALF OF ACADEMY WITNESS

2. Signature

Address: 3. Signature Address

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Annexure-III

10. GENERAL CONDITIONS OF THE CONTRACT (GCC) 10.1.1 Relation between the Parties Nothing contained herein shall be construed as establishing a relation of master and servant or of

agent and principal as between the Academy and the Agency. The Agency, subject to this

Contract, have complete charge of personnel performing the Services and shall be fully

responsible for the Services performed by them or on their behalf hereunder. 10.1.2 Law Governing Agreement This agreement, its meaning and interpretation, and the relation between the Parties shall be

governed by the Applicable Law. 10.1.3 Language This agreement has been executed in the English language, which shall be the binding and

controlling language for all matters relating to the meaning or interpretation of this Contract. 10.1.4 Headings The headings shall not limit, alter or affect the meaning of this Contract. 10.1.5 Notices 10.1.5.1 Any notice, request or consent required or permitted to be given or made pursuant to this

Contract shall be in writing. Any such notice, request or consent shall be deemed to have been

given or made when delivered in person to an authorized representative of the Party to whom

the communication is addressed, or when sent by registered mail, facsimile or e-mail to such

Party at the following address:

For the Academy (Nodal Officer): Shri________________

Attention:

Facsimile:

E-mail

________________

________________

________________

________________

________________

For the Agency: ________________ Attention:

Cable Address:

Facsimile:

E-mail

________________

________________

________________

________________

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10.1.5.2 Notice will be deemed to be effective as follows: (a) In the case of personal delivery or registered mail, on delivery, delivered fax or through

electronic mail on declared e-mail address;

(b) In the case of E-mail, twenty four (24) hours following time of mail sent;

10.1.5.3 A Party may change its address for notice hereunder by giving the other Party notice of

such change pursuant to this Clause.

10.1.6 Location The Services shall be performed at Bhopal in the State of Madhya Pradesh.

10.1.7 Authority of Member in Charge of Agency The Agency hereby authorize Mr._______________ to act on their behalf in exercising the

entire Agency’s rights and obligations towards the Company under this Contract, including

without limitation the receiving of instructions and payments from the Company.

10.1.8 Authorized Representatives Any action required or permitted to be taken, and any document required or permitted to

be executed under this Contract, may be taken or executed:

(a) On behalf of the MP Rural Road Academy, Bhopal by ________ or his designated

representative; (b) On behalf of the Agency by ______ or his designated representative. 10.1.9 Taxes and Duties The Agency shall pay the taxes, duties; fees, levies and other impositions levied under the

existing, amended or enacted laws during life of this contract and the Academy shall perform

such duties in regard to the deduction of such tax as may be lawfully imposed. 10.2.0 W I T H D R A W A L O F O F F E R , N O T S I N G I N G A G R E E M E N T ,

COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF

CONTRACT

10.2.1 Withdrawal of offer In case Agency will withdraw his offer with in validity period EMD shall be liable to forfeiture. 10.2.2 Not singing Agreement In case Agency fails to signing of agreement within 15 days of issuing of acceptance letter EMD shall be liable to forfeiture and Agency will also be debarred from participation in Academy tenders for one year.

10.2.3 Commencement of Services The Agency shall begin carrying out the Services immediately after Effective date, or on such

date as the parties may agree in writing.

10.2.4. Expiration of Contract

Unless terminated earlier pursuant to Clause-2.7 hereof, this Contract shall expire when,

pursuant to the provisions hereof, the Services have been completed, including handing over

the documents/models/ software & tools created in working condition and the payments

of remuneration have been made.

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10.2.5. Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the parties. No agent

or representative of either Party has authority to make, and the parties shall not be bound by

or be liable for, any statement, representation, promise or agreement not set forth herein.

10.2.6 Modification

Modification of the terms and conditions of this Contract, including any modification of the

scope of the Services, may only be made by written agreement between the Parties and shall not

be effective until the consent of the Parties has been obtained. However, each Party shall

give due consideration to any proposals for modification made by the other Party.

10.2.7 Force Majeure

10.2.7.1. Definition (a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the

reasonable control of a Party, and which makes at Party’s performance of its obligations

hereunder impossible or so impractical as reasonably to be considered impossible in the

circumstances, and includes, but is not limited to, war, riots, evil disorder, earthquake, fire,

explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other

industrial action (except where such strikes, lockouts or other industrial action are within the

power of the party invoking Force Majeure to prevent), confiscation or any other action

by government agencies.

(b) Force Majeure shall not include; (1) Any event which is caused by the negligence or intentional action of a party its personnel,

nor

(2) Any event which a diligent Party could reasonably have been expected to (i) take into

account at the time of the conclusion of this Contract, and (ii) avoid or overcome in the carrying

out of its obligations hereunder.

10.2.7.2 No Breach of Contract The failure of a Party to fulfil any of its obligations hereunder shall not be considered

to be a breach of or default under, this Contract in so far as such inability arises from an event of

Force Majeure, provided that the party affected by such an event has taken all reasonable

precautions, due care and reasonable alternative measures, all with the objective of carrying

out the terms and conditions of this Contract.

10.2.7.3 Measures to be taken (a) A Party affected by an event of Force Majeure shall take all reasonable measures to

remove such Party’s inability to fulfil its obligations hereunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Party such event as soon

as possible, and in any case not later than seven (7) days following the occurrence of such

event, providing evidence of the nature and cause of such event, and shall similarly give

notice of the restoration of normal conditions as soon as possible.

(c) The parties shall take all reasonable measures to minimize the consequences of any event of

Force Majeure.

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10.2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or

task, shall be extended for a period equal to the time during which such Party was unable to

perform such action as a result of Force Majeure.

10.2.7.5 Consultation

Not later than seven (7) days after the Agency, as the result of an event of Force Majeure,

have become unable to perform a material portion of the Services, the parties shall consult

with each other with a view to agreeing on appropriate measures to be taken in the

circumstances.

10.2.8 Suspension The Academy may, by written notice of suspension to the agency, suspend all payments to the

Agency hereunder if the Agency fail to perform any of their obligations under this contract,

including the carrying out of services, provided that such notice of suspension (i) shall specify

the nature of the failure, and (ii) shall request the Agency to remedy such failure within a

period not exceeding ten (10) days after receipt by the Agency of such notice of suspension

and shall invoke performance guarantee.

10.2.9 Termination of Contract by the Academy In case of any deficiency or delay in completion of the assignment the Academy shall

issue fifteen (15) days notice to the Agency to improve upon. The Agency shall respond to

the notice and show improvement in the service.

In case, agency does not improve the service to the desired level after expiry of notice period,

the Academy shall terminate the contract.

Consequences of Termination

Upon termination of the contract the Performance Guarantee amount will be at the disposal of

Academy. Bank Guarantee / FDR submitted by the firm will be encashed. Agency shall transmit

complete source code, business process’s knowledge to the new Agency (Engaged by MPRRA

for completing the assignment), upto the satisfaction level of the Academy. Extra cost incurred

by the Academy for completing the Assignment through new Agency will be recoverable from

the Agency (who left assignment incomplete). Any payment due to the firm and amount of

performance security will be adjusted against this extra cost. If any amount still left unrecovered

it will be debt payable by the Agency.

10.3.0 OBLIGATIONS OF THE AGENCY

10.3.1 Standard of Performance The Agency shall perform the Services and carry out their obligations hereunder with all due

diligence, efficiency and economy, in accordance with generally accepted techniques and

practices used with professional engineering and consulting standards recognized by

professional bodies, and shall observe sound management, and technical and engineering

practices, and employ appropriate advanced technology and safe and effective equipment,

machinery, materials and methods. The Agency shall always act, in respect of any matter

relating to this Contract or to the Services, as faithful advisers to the Academy.

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10.3.1.1 Law Governing Services The Agency shall perform the Services in accordance with the Applicable Law and shall take

all practicable steps to ensure that the Personnel of the Agency, comply with the Applicable Law.

10.3.2 SPECIAL CONDITIONS

10.3.2.1 Agency Not to Benefit from Commissions, Discounts etc. The payment of the Agency shall constitute the Agency’s only payment in connection with

this Contract or the Services, and the Agency shall not accept for their own benefit any

trade commission, discount, or similar payment in connection with activities pursuant to

this Contract or to the Services or in the discharge of their obligations under the Contract,

and the Agency shall use their best efforts to ensure that the Personnel, shall not receive any

such additional payment.

10.3.2.2 Confidentiality The Agency, and their personnel shall not, either during the term or within two (2) years after

the expiration of this Contract, disclose any proprietary or confidential information relating

to the Project, the Services, this Contract or the Academy’s business or operations without

the prior written consent of the Academy. 10.3.2.3 IPR

The Academy shall have the IPR for the software solution developed under this contract.

10.3.3 Indemnification of the Academy by the Agency The Agency shall keep the Academy, both during and after the term of this Contract, fully and

effectively indemnified against all losses, damage, injuries, deaths, expenses, actions,

proceedings, demands, costs and claims, including, but not limited to, legal fees and

expenses, suffered by the Academy or any Third Party, where such loss, damage, injury or death

is the result of a wrongful action, negligence or breach of Contract of the Agency, or their

Personnel including the use or violation of any copyright work or literary property or patented

invention, article or appliance. 10.3.4 Agency’ Actions Requiring Academy Prior Approval The Agency shall obtain the Academy prior approval at every stage so as to carry out any

part of the Services.

10.3.5 Reporting Obligations The Agency shall submit to the Academy the reports and documents specified in Bid

Document hereto, in the form, in the numbers and within the time periods set forth

including any supporting data required by the Academy. 10.3.6 Documents / models / software tools Prepared by the Agency to be the Property of

the Academy

All reports and other documents prepared by the Agency in performing the Services shall

become and remain the property of the Academy, and the Agency shall, not later than upon

termination or expiration of this Contract, deliver all such documents to the Academy. The

Academy will have all the right on such intellectual property so created during the

engagement and shall be free to use modify or get it further enhanced by other agency for its

use. The Agency may retain a copy of such documents but shall not use them for purposes

unrelated to this Contract without the prior written approval of the Academy.

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10.4.0 AGENCY’S PERSONNEL 10.4.1 General The Agency shall employ and provide such qualified and experienced Personnel for

various phases of software development process as are required to carry out the Services. 10.5.0 OBLIGATIONS OF THE ACADEMY

10.5.1 Payment

In consideration of the Services performed by the Agency under this Contract, the

Academy shall make to the Agency such payments within 45 days of production of bills in

triplicate and other relevant document (if any) and in such manner as is provided by Clause-6 of

this Contract. 10.6.0 Performance Guarantee (PG): In the event of an award, the Agency shall be required

to deposit an amount (in Indian Rupees) equivalent to 10% of the contract value towards the

contract performance guarantee in the form of FDR from schedule commercial Bank in favour

of Director, MP Rural Road Academy payable at Bhopal or in the form of Bank Guarantee with

6 month more than the contract period validity in the prescribed format from any of the

scheduled commercial banks as performance guarantee. 10.7.0 PAYMENTS TO THE AGENCY Payments as indicated below will be made to the Agency within 45 days by Academy on

production of Bills in triplicate and relevant supporting document if any:

A. The 60% of software development cost will be paid after successful testing by user(s)

M.P. Rural Road Academy/ MP Rural Road Development Authority in testing

environment as specified in para 5.1.9 (a) above. The payment will be made only after

successful delivery of Source code including listing for all versions to the Academy.

B. The 20% of software development cost will be paid after solution acceptance and

successful migration of software in the target environment of M.P. Rural Road

Academy.

C. Afterwards, quarterly payment of remaining 20% cost of software development will

be made in four equal instalments during support period.

D. Similarly the maintenance charges will be paid after completion of one year

warranty/support period on quarterly basis starting on completion of 1st quarter of

maintenance.

E. In case of enhancement needed by the Academy, after acceptance of the software

solution deployed in target environment, the enhancement cost based on the blended

man-month charges for efforts agreed will be paid after successful testing of

enhancement by Academy and its deployment on target environment. The

enhancements are the features/Functionalities/Modules which are not covered under

Business Requirement Documents (BRDs).

F. All payments will be made only after submission of bills / invoice in triplicate on

Firm’s printed bill form along with supporting documents required, if any,

G. The enhancement cost will be limited to maximum 50% of software development cost.

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10.8.0 FAIRNESS AND GOOD FAITH

10.8.1 Good Faith The parties undertake to act in good faith with respect to each other’s rights under this

Contract and to adopt all reasonable measures to ensure the realization of the objectives of this

Contract and the Parties hereby agree that it is their intention that this Contract shall operate

fairly as between them and without detriment to the interest of either of them and that, if

during the term of this Contract either Party believes that this Contract is operating unfairly, the

Parties will use their best efforts to agree on such action as may be necessary to remove

the cause or causes of such unfairness, but no-failure to agree on any action pursuant to this

Clause shall give rise to a dispute subject to arbitration in accordance with Clause-8 hereof. 10.9.0 SETTLEMENT OF DISPUTES 10.9.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or

in connection with this Contract or the interpretation thereof. Any dispute between the

Parties as to matters arising pursuant to this Contract which cannot be settled amicably

shall be in the first instance be referred to the Chief Executive Officer MPRRDA,

Bhopal within 30 days from the date occurrence of such event for decision. The Chief

Executive Officer MPRRDA, Bhopal after giving opportunity to both the parties, shall

give his decision within 60 days from the date of reference. If any party is not satisfied

with the decision of the Chief Executive Officer MPRRDA, Bhopal, the dispute shall be

referred for Arbitration as per the Indian Arbitration Act, 1996 as amended from time to

time.

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Annexure-IV

11. SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement the General Conditions

of Contract (GCC). Whenever there is conflict the provisions herein shall prevail

over those in the GCC. 1.1

The Purchaser Country is India

1.2

The Academy is: Madhya Pradesh Rural Road Academy, Bhopal-462042 (M.P)

1.3

The language shall be: English

1.4

Sub-contractors are not allowed

1.5

For Notices, the address of the Academy shall be:

Attention: Dy. Director – Administration Address: Madhya Pradesh Rural Road Academy,

Walmi Hills, Kaliyasot Dam, Kolar Road, Bhopal- 462042 (M.P.)

Telephone No. :: 0755-2499054

e-mail :: [email protected]

1.6

The governing law- of the Union of India and State of M.P.

1.7

The currencies for payment shall be- Indian Rupee

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Annexure V

Form of Bank Guarantee for Performance Security (To be used by approved scheduled banks)

1. In consideration of the Director MPRRA Bhopal (hereinafter called “the Academy) having agreed to exempt M/s

…………. (Herein after called “the Agency”) from the demand, under the terms and conditions of an Agreement

dated………….. made between……………… And ……………………… for …………………………….(hereinafter

called “the said Agreement”) security deposit for the due fulfillment by the said Agency of the terms and conditions

contained in the said agreement on production of Bank Guarantee for (Rupees…………..only).

We……………………………. Bank Limited (hereinafter referred to as “the Bank”) do hereby undertake to pay to

Academy an amount not exceeding Rs………………………………………. Against any loss or damage caused to or

suffered or would be caused to or suffered by the Academy by reason of any breach by the said Agency of any terms of

conditions contained in the said agreement.

2. We……………………………Bank Limited, do hereby undertaken to pay the amount due and payable under this

guarantee without any demure merely on a demand from the Academy starting that the amount claimed is due by way of

loss or damage caused to or suffered by the Authority by reason of any breach by said Agency of any of the terms or

conditions Contained in the said agreement or by reason of the Firm’s failure to perform the said agreement. Any such

demand made on the bank shall be conclusive as regard the amount due and payable by the Bank under this guarantee.

However, our liability under this guarantee shall be restricted to an amount not exceeding Rs………………….

3. We …………………. Bank Limited further agree that the guarantee herein contained shall remain in full force and

effect during the period that would be taken for the performance of the said agreement and that it shall continue to be

enforceable till all dues of the Academy under or by virtue of the said Agreement have been fully paid and its claim

satisfied or till Academy certifies that the terms of the said agreement have been fully and properly carried out by the said

Agency and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on in writing

on or before the ……………………… we shall be discharged from all liability under this guarantee thereafter.

4. We……………………………………Bank Limited further agree with the Academy that shall have the fullest liberty

without our consent and without effecting in any manner obligations her under or very any of the terms and condition of

the said agreement or to extend time of performance by the said Agency from time to time or to postpone for any time or

from time to time any of the powers exercisable by the Academy against the said Agency and to fore-bear or enforce any

of the terms and conditions relating to the said Agreement and we shall not be relieved from our liabilities by reasons of

any such variation of extension having granted to the said Agency for any forbearance act, or commission on the part of

the Academy or any indulgence by the Academy of the said Agency or by any such matter or thing whatsoever which

under the law relating to sureties would but for this provision have effect of so relieving us.

5. We bank …………….. hereby also undertake to have the signature of Branch Manager issuing the Bank Guarantee

verified from the local branch of the bank in M.P.

6. We bank …………….. hereby unequivocally undertake that if the Academy invokes the guarantee the bank (issuing

branch) ……………….. will make the payment to the Academy without any reference and demur.

7. We …………………Bank Limited Lastly undertake not to revoke this guarantee during its currency except with the

previous consent of the Academy in writing.

Dated the ……………………………day of…………………..20.............

For ……………............…………………… Bank Limited.