Request for ProposalRequest for Proposal This Request for Proposal is both confidential and proprietary to State Civil Supplies Corporation and Warehousing and Logistics corporation,

Manpower Supply - RFP

Madhya Pradesh Warehousing and Logistics Corporation & State Civil Supplies Corporation Ltd. 1

Request for Proposal

This Request for Proposal is both confidential and proprietary to State Civil Supplies Corporation and Warehousing and Logistics corporation, Government of Madhya Pradesh and the Corporations reserves the right to recall the RFP in its entirety or in part thereof. Vendors agree that they will not duplicate, distribute or otherwise disseminate or make available this document in its entirety or in part thereof, or the information contained in it without the express written consent of State Civil Supplies Corporation and Warehousing and Logistics corporation, Government of Madhya Pradesh. Vendors must accept all of the foregoing terms and conditions without exception. All responses to the Request for Proposal submitted within the stipulated time will become the property of State Civil Supplies Corporation and Warehousing and Logistics corporation and will not be returned.

MADHYA PRADESH STATE CIVIL

SUPPLY CORPORATION &

MADHYA PRADESH

WAREHOUSING & LOGISTICS

CORPORATION

Appointment of Agency for Support & Capacity Building



SECTION 1. STRUCTURE OF THE RFP ................................................................. 5

ABOUT THIS RFP ........................................................................................................... 5

SECTION 2. INTRODUCTION ................................................................................ 6

2.1 MADHYA PRADESH STATE CIVIL SUPPLIES CORPORATION AT A GLANCE ..................... 6

2.2 OBJECTIVES OF THE MADHYA PRADESH STATE CIVIL SUPPLIES CORPORATION ............ 7

2.3 MADHYA PRADESH WAREHOUSING AND LOGISTICS CORPORATION AT A GLANCE ........ 8

2.4 OBJECTIVES OF MADHYA PRADESH WAREHOUSING & LOGISTICS CORPORATION ........ 10

2.5 OBJECTIVES OF THE CURRENT PROJECT ............................................................... 10

2.6 STAKEHOLDERS ................................................................................................. 11

2.7 IMPLEMENTATION MODEL .................................................................................. 12

SECTION 3. INSTRUCTIONS TO BIDDERS ......................................................... 13

3.1 DEFINITIONS USED ............................................................................................ 13

3.2 KEY ACTIVITIES & DATES .................................................................................... 14

3.3 COST OF TENDER DOCUMENT ............................................................................. 15

3.4 PROPOSAL PREPARATION COST ............................................................................ 15

3.5 RIGHT TO TERMINATION ..................................................................................... 16

3.6 CORRUPT OR FRAUDULENT PRACTICE.................................................................... 16

3.7 EARNEST MONEY DEPOSIT .................................................................................. 16

3.8 LATE BIDS ......................................................................................................... 17

3.9 BID OPENING .................................................................................................... 17

3.10 GENERAL GUIDELINES ....................................................................................... 17

3.11 PROPOSAL INSTRUCTIONS & CONDITIONS ............................................................. 19

SECTION 4. PROPOSAL EVALUATION ................................................................ 23

4.1 EVALUATION COMMITTEE(S) ................................................................................ 23

4.2 PROPOSAL OPENING AND EVALUATION ................................................................. 23

4.3 CONFIDENTIALITY OF PROCESS ............................................................................ 24

4.4 CLARIFICATIONS OF PROPOSALS & AUTHORIZED REPRESENTATIVE ......................... 24

4.5 INITIAL EXAMINATION OF PROPOSALS .................................................................. 25

4.6 CORRECTIONS OF ERRORS ................................................................................... 25

4.7 AUTHORIZED PERSON OF THE BIDDER ................................................................. 25

4.8 PRE-QUALIFICATION (ELIGIBILITY) CRITERION ...................................................... 25

4.9 FINANCIAL EVALUATION CRITERION .................................................................... 28

SECTION 5. STATEMENT OF REQUIREMENTS ................................................ 29

TABLE OF CONTENTS



5.1 CURRENT ENVIRONMENTS .................................................................................. 29

5.2 SCOPE OF WORK ................................................................................................ 32

5.3 SERVICE LEVEL AGREEMENT ............................................................................... 37

5.4 TIMELINES......................................................................................................... 38

SECTION 6. OTHER TERMS AND CONDITIONS ............................................... 40

6.1 INTERPRETATION ............................................................................................... 40

6.2 COMMUNICATIONS ............................................................................................. 40

6.3 LANGUAGE ........................................................................................................ 40

6.4 CORRUPT PRACTICES ........................................................................................... 40

6.5 TIME FOR COMMENCEMENT AND COMPLETION ...................................................... 41

6.6 SUPPLIER /VENDOR’S ROLES AND RESPONSIBILITIES ............................................... 41

6.7 CORPORATION (AND OTHER STAKEHOLDERS) ROLES AND RESPONSIBILITIES ............. 42

6.8 CONTRACT PRICE ............................................................................................... 43

6.9 TERMS OF PAYMENT............................................................................................ 43

6.10 SECURITIES (PBG) ............................................................................................... 44

6.11 TAXES AND DUTIES ............................................................................................. 45

6.12 CONFIDENTIAL INFORMATION ............................................................................. 45

6.13 REPRESENTATIVES.............................................................................................. 45

6.14 PROJECT PLANNING AND PERFORMANCE .............................................................. 46

6.15 SUBCONTRACTING .............................................................................................. 47

6.16 INSPECTION AND TESTING ................................................................................... 47

6.17 TRAINING REQUIREMENT.................................................................................... 47

6.18 MANPOWER REQUIREMENT ................................................................................. 48

6.19 COMMISSIONING AND OPERATIONAL ACCEPTANCE ................................................ 48

6.20 FUNCTIONAL GUARANTEES ................................................................................. 48

6.21 LIMITATION OF LIABILITY .................................................................................... 49

6.22 CRIMINAL CHARGES AND CONVICTIONS ................................................................ 49

6.23 CARE OF IT PRODUCTS AND/OR SERVICES .............................................................. 49

6.24 LOSS OR DAMAGE TO PROPERTY; ACCIDENT OR INJURY TO WORKERS; INDEMNIFICATION

50

6.25 INSURANCE ........................................................................................................ 50

6.26 UNFORESEEN CONDITIONS .................................................................................. 50

6.27 CHANGE IN LAWS AND REGULATIONS ................................................................... 51

6.28 FORCE MAJEURE ................................................................................................. 51

6.29 CHANGE IN THE FACILITIES ................................................................................. 52

6.30 SUSPENSION ...................................................................................................... 53

6.31 TERMINATION BY EMPLOYER ............................................................................... 54



6.32 TERMINATION BY CONTRACTOR ........................................................................... 55

6.33 EXIT MANAGEMENT ........................................................................................... 56

6.34 DISPUTES AND ARBITRATION ............................................................................... 60

SECTION 7. ANNUXURES ..................................................................................... 62

7.1 BIDDER RESPONSE FORM .................................................................................... 62

7.2 DRAFT CONTRACT AGREEMENT........................................................................... 72

7.3 PERFORMANCE BANK GUARANTEE ...................................................................... 74

7.4 LIST OF ISSUE CENTERS ....................................................................................... 78

7.5 SCREEN SHOTS OF EXISTING APPLICATION ............................................................ 80

7.6 ACRONYMS USED IN THIS DOCUMENT .................................................................. 86



Sect ion 1 . S TRUCTU RE OF T HE RFP

ABOUT THIS RFP Madhya Pradesh Warehousing and Logistics Corporation(MP WLC) and Madhya Pradesh State Civil Supplies Corporation Limited (MP SCSC), Government of Madhya Pradesh is releasing this Bidding document to appoint a Vendor for - • Supply of Data Entry Operators at various locations • Hand holding of the employee for the project. • Maintenance of the Application Software at operational level. • Maintenance of the office Hardware along with the system software updation and

upkeep. • Basic computer training and Application Training for the employees • Monitoring and Reporting to Management of MP SCSC and MP WLC

The content of this RFP has been documented in sections as described below:

Statement of Requirements (Technical, Operational, Functional and Others) This section of the RFP intends to bring out all the details with respect to solution and other requirements that MP SCSC and MP WLC deems necessary to share with the potential bidders. Instructions to Bidders This section of the RFP details out all that may be needed by the bidders to understand the RFP process and Payment Schedule. Proposal Evaluation This section of the RFP comprise of various criteria’s that will be considered for Proposal Evaluation by MP SCSC and MP WLC.



Sect ion 2 . INTRODUCTIO N

2.1 MADHYA PRADESH STATE CIVIL SUPPLIES CORPORATION AT A GLANCE Madhya Pradesh State Civil Supplies Corporation (MP SCSC) is the main agency for food grains procurement and Public Distribution System (PDS) in the state of Madhya Pradesh. It procures and moves about 1.5 million tones of wheat, rice, coarse grains and sugar annually right up to the remotest parts of Madhya Pradesh through an efficient distribution network. It thus has a sound institutional interface with farmers' cooperatives, Mandies (APMCs), Food grain Trading Agencies and the more than 24,000 Fair Price Shops (FPS) spread out all over Madhya Pradesh. Following are the main activities of MP SCSC

a) Procurement Under the Price Support Scheme (PSS) procurement of Paddy and Wheat is undertaken by the MP SCSC. Paddy is procured from farmers by societies/corporation and sent for milling to private millers. The millers deposit rice at FCI. MP SCSC pays cost of paddy, bonus and incidentals to societies for procurement, milling charges to millers, transportation charges for transportation of paddy and rice. Under decentralized procurement, at around 35 districts, wheat is procured through societies as an agent of FCI. MP SCSC pays cost of wheat, bonus and incidentals to societies for procurement, transportation charges for transportation of wheat.

b) Domestic Trading Pulses (lentils), Soyabean and other agricultural produce is also procured by MP SCSC from time to time. The MP SCSC is involved in commercial procurement and sale of kerosene (under the Parallel Marketing Scheme).

c) Transportation MP SCSC has acquired useful experience in bulk handling, storage and transportation contracting. It also owns a fleet of trucks which are deployed for maintaining food security in tribal areas.

d) Targeted Public Distribution System (TPDS)



Under this scheme Wheat and Rice are lifted from Food Corporation of India (FCI) base depots as per allotment and transported to 194 issue centers of MP SCSC for storage. Subsequently food grains are sold to lead/link societies. Sugar is received from Sugar Factories of Maharashtra/ Uttar Pradesh by rail/ road and is transported to Issue Centers and dependent districts.

2.2 OBJECTIVES OF THE MADHYA PRADESH STATE CIVIL SUPPLIES CORPORATION Madhya Pradesh State Civil Supplies Corporation is a leading supply and distribution company, sponsored by the Government of Madhya Pradesh registered under the Companies Act. Spanning all over Madhya Pradesh, the MP SCSC has 7 Regional Offices, 50 District Offices, and 194 Distribution Centers. Objectives of the corporation are:

(i) Lifting of wheat and rice from Food Corporation of India base depots as per allotment and transportation to 194 issue centers for storage, from where it is subsequently sold to lead/link societies, on the basis of delivery order for its distribution to the ultimate beneficiary.

(ii) Transporting the food grains to most tribal areas through self owned mobile vehicles.

(iii) To ensure the availability of the essential commodities like wheat, rice, coarse grains, sugar & salt etc under Targeted Public Distribution System (TPDS) and other schemes throughout the year to the weaker sections of the society at administered prices.

(iv) To ensure timely and conveniently procurement of the Wheat, Paddy and Coarse grains under Price Support Scheme (PSS) from farmers and timely payment thereof.

(v) Procurement and supply of food grains and sugar for various government sponsored schemes like Targeted Public Distribution System, Antyodaya Anna Yojna, Mid-day Meal, and other Welfare Schemes

(vi) Logistics handling of the Public Distribution System. (vii) Ensuring desirable quality control in above activities.



2.3 MADHYA PRADESH WAREHOUSING AND LOGISTICS CORPORATION AT A GLANCE Madhya Pradesh Warehousing and Logistics Corporation (MP WLC) is an autonomous body engaged in scientific storage of agriculture and associated produce in the state of Madhya Pradesh. MP WLC was started with 6 branches with 11000 Tons capacity and has grown manifold with the present storage capacity (own) of 11.67 lakhs (upto Jan-10) Metric Tons. The Corporation is a founder member of National Association of Warehousing Corporations. As the state is located in the central India and is well connected by rail network and fourteen interstate highways passing through it, storage of food grains and consumer goods has an added advantage. Services offered by MP WLC:

a) Scientific Storage Facilities Corporation provides scientific storage facilities to its customers/depositors through regular treatment for preservation of stored stock.

b) Disinfestations Extension Service Scheme (DESS) Through Disinfestations Extension service Scheme Corporation provides treatment for preservation of stock stored in the godowns of cultivators/traders/institutions on nominal charges.

c) License for Warehousing In follow up of Government policy Corporation encouraging private sector participation in Warehousing sector for establishing Madhya Pradesh as Warehousing hub of India and in this direction Corporation issues license for running private warehouses through inspection and effective control upon them.



Corporation's Recent Achievement

a) In Warehousing Sector, Corporation has received 2000-01 productivity award “Certificate of Merit” from National Productivity Council of India on 16th day of February 2004 at New Delhi. In 2001-02, corporation received “Second Best Productivity Performance” award from National Productivity Council of India on 16th day of February 2004 at New Delhi.

b) Corporations has received ISO 9001:2000 certification in 2001.

MP WLC Structure



2.4 OBJECTIVES OF MADHYA PRADESH WAREHOUSING & LOGISTICS CORPORATION Main objectives of Madhya Pradesh Warehousing and Logistics Corporation is as follows:

a) Acquire and build godowns and warehouses at suitable locations within Madhya Pradesh

b) Run warehouses in Madhya Pradesh for the storage of agriculture produce, seeds,

manures, fertilizers, agricultural implements and notified commodities c) Arrange facilities for the transport of agricultural produce, seeds, manures, fertilizers,

agricultural implements and notified commodities to and from warehouses d) Act as an agent of the Government of Madhya Pradesh for the purposes of the

purchase, sale, storage and distribution of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities

e) Ensures optimum use of storage capacities and keeps the operation cost to the

minimum level f) Conducting regular market surveys, collection of data and information on business

trends, knowledge of pressures built up by competing institutions and technological advances.

g) Strengthening the rural economy and enabling the cultivator class to have the storage

and warehousing facilities.

2.5 OBJECTIVES OF THE CURRENT PROJECT This project is intended for providing support to MP SCSC and MP WLC in monitoring and reporting quantity of food grains available in issue centers. The Corporations have IT Applications running at all the issue centers. This application captures availability and lifting information of food grains. The corporations seek support from vendor for data entry in application software and maintenance support of application and hardware. The corporations also require capacity building of employees in Basic computer and Application Training from the vendor.



2.6 STAKEHOLDERS The primary stakeholders of this project other than MP WLC and MP SCSC are:

• Department of Food, Civil Supplies and Consumer Protection, Government of Madhya Pradesh, promoter of MP SCSC & MP WLC, is the regulatory department in State for public distribution system. The department regulates the issuance of ration cards, identification of beneficiaries and distributes the PDS commodities.

• DEPARTMENT OF FOOD & PUBLIC DISTRIBUTION, GoI is responsible for managing the food economy of the country. It formulates and implements the national policy on procurement, storage, movement and distribution of essential commodities (food grains, sugar and edible oils) through TPDS.

• FOOD CORPORATION OF INDIA (FCI) is the national level agency to procure, store, transport and deliver in bulk the food grains throughout the country for the public distribution system. MP SCSC Procures food grains from FCI and stores them at the issue centers.

• State unit of National Informatics Centre (NIC) provides e- Governance Solutions adopting best practices, integrated services and global solutions to Government Sector. MP SCSC runs the IT applications developed by NIC.

Other important stakeholders are:

• Sugar Factories • Other Agencies – Co-operative societies involved in distribution of food grains like

LEADS, FPS etc. • DCCB (District Central Cooperative Banks) • Department of Information Technology, Madhya Pradesh



2.7 IMPLEMENTATION MODEL The project will commence within 6 weeks of awarding the contract. The vendor will have to deploy manpower for data entry operation, maintenance, handholding the corporation employees and change request management. It will be the responsibility of vendor to ensure training of the Data entry Operators, data entry operation, maintenance of the related application software and hardware, system software updation and ensuring the desired operational level at all the issue Centers for six months. Thereafter, the vendor’s resources will move to district level offices for next six months. The vendor will also provide training to MP SCSC and MP WLC employees for Basic Computer and Application Training for enabling corporation employees to operate the applications efficiently. The vendor will also provide Data entry 51 operators for 6 month for food and Civil Supplies Department in addition to the above requirement.



Sect ion 3 . INSTRUC TIONS TO BID DER S

3.1 DEFINITIONS USED • “Agreement” means the Agreement to be signed between the successful bidder and the

MP SCSC & MP WLC, including all attachments, appendices, all documents incorporated by reference together with any subsequent modifications, the RFP, the bid offer, the acceptance and all related correspondences, clarifications, presentations.

• “Authorized Representative” shall mean any person authorized by either of the parties.

• “Bidder / Vendor / Contractor” means any firm offering the solution(s), service(s) and /or materials as required in the RFP. The word Bidder/ vendor when used in the pre-award period shall be synonymous with parties bidding for this RFP, and when used after award of the Contract shall mean the successful party with whom the MP SCSC & MP WLC signs the agreement for rendering of services for implementation of this project.

• “Contract” is used synonymously with Agreement.

• “Default Notice” shall mean the written notice of Default of the Agreement issued by one Party to the other in terms hereof.

• "MP SCSC" shall mean Managing Director, Madhya Pradesh State Civil Supplies Corporation, Government of Madhya Pradesh, Bhopal for the purposes of Bid, Work Order, Contract, Monitoring, Approvals, Payments etc.

• "MP WLC" shall mean Managing Director, Madhya Pradesh warehousing and Logistics Corporation, Government of Madhya Pradesh, Bhopal for the purposes of Bid, Work Order, Contract, Monitoring, Approvals, Payments etc.

• “Law” shall mean any Act, notification, bylaws, 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 Madhya Pradesh or any other Government or regulatory authority or political subdivision of government agency.

• “LoI” means Letter of Intent, which shall constitute the intention of the MP SCSC & MP WLC to place the Order with the successful bidder.



• “Party” means the MP SCSC & MP WLC or Bidder, individually and “Parties” mean the MP SCSC & MP WLC and Bidder, collectively.

• “Proposal / Bid” means the Proposal all together, i.e.

• “Request for Proposal (RFP)” means this document and its annexure etc. seeking a set of solution(s), services(s), materials and/or any combination of them.

• “Requirements” shall mean and include schedules, details, description, statement of

technical data, performance characteristics and standards (Indian & International) as applicable and specified in the RFP.

• “Termination Notice” means the written notice of termination of the Agreement issued by one Party to the other in terms hereof.

3.2 KEY ACTIVITIES & DATES

3.2.1 Pre-bid conference

The pre bid conference shall be held at the Office of Madhya Pradesh Warehousing and Logistics Corporation, Madhya Pradesh at 1500 hrs, 5nd April 2010. The bidders are requested to attend this pre-bid conference to seek clarifications in matters related to the project or the bidding process of this project.. Only those bidders, who have intimated the corporations about their participation in pre bid conference, will be allowed to attend the pre bid conference. However, non-attendance at the Pre-Bid Conference will not be a cause for disqualification of a bidder. Queries received after the set time limit shall not be addressed in the pre bid conference or any later stage.

3.2.2 Bidder enquiries & corporation responses A prospective bidder requiring any clarification of the RFP documents shall notify the MP WLC before 1500 hrs, 2nd April 2010 in writing, either by post, fax or email at the following address: Office Complex, Block 'A', Gautam Nagar, Warehousing and Logistics Corporation Bhopal, Madhya Pradesh The Corporation will respond to the queries at the earliest but not later than 7th April 2010. Subsequently corporation will issue a corrigendum if required.



3.2.3 Venue & deadline for submission of proposal The bids duly completed as per the instructions given in this document and the amendments issued if any, shall be submitted to the following address on or before the last date of bid submission. Office Complex, Block 'A', Gautam Nagar, Warehousing and Logistics Corporation Bhopal, Madhya Pradesh Proposals must be received by Corporation at the address specified above not later than 1600 hrs, 15th April 2010. The Corporation may, in exceptional circumstances and at his discretion, extend the deadline for submission of Proposals by issuing a Corrigendum or by intimating all bidders who have purchased the RFP document, in writing by post or email. In this case, all rights and obligations of the corporation and the vendors previously subject to the original deadline will thereafter be subject to the deadline as extended.

3.3 COST OF TENDER DOCUMENT The bidder can download the RFP from the MP WLC Website (http://www.mpwarehousing.com/). The bidder should submit tender document cost while submitting the bid along with EMD. The mode of deposit will remain the same (demand draft/ bankers pay order of Rs. 1,000/- (Indian Rupees One Thousand Only), drawn on a nationalized / scheduled bank and in favor of Managing Director, Madhya Pradesh Warehousing and Logistics Corporation, payable at Bhopal, towards non-refundable and non-transferable RFP document fee along with the bid) Any discussion regarding the project can be done (before pre bid conference) with MP SCSC & MP WLC officials by taking an appointment.

3.4 PROPOSAL PREPARATION COST The bidder shall bear all costs associated with the preparation and submission of its Proposal, and the corporation will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the proposal process.



3.5 RIGHT TO TERMINATION Notwithstanding anything contained in this document, the corporation, reserves the full right to cancel the bid process without assigning any reason whatsoever, at any time prior to signing the contract and the corporation will have no liability for above-mentioned actions. The Corporation also reserves the right to accept or reject any proposal(s) without assigning any reason thereof.

3.6 CORRUPT OR FRAUDULENT PRACTICE In the event of the bidder engaging in any corrupt or fraudulent practices during the bidding process, as per the judgment of the corporation, the proposal will be rejected / black listed. Any decision in this regard will be final and binding on the bidder. For the purpose of this clause: “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of corporation official in the selection process. It also includes bringing undue influence through any quarter or interfering directly or indirectly in the selection process to affect its outcome. “Fraudulent Practice” means a misrepresentation of facts in order to influence selection process to the detriment of the Corporation.

3.7 EARNEST MONEY DEPOSIT The Bidder shall furnish, as part of its bid, a refundable EMD of Rs 3,00,000/- (Indian Rupees Three Lakhs only) through Demand Draft. The demand draft should be drawn on a nationalized / scheduled bank in favor of “Managing Director, Madhya Pradesh Warehousing and Logistics Corporation, Government of Madhya Pradesh” payable at Bhopal. The bid will be disqualified if the EMD is not submitted by the bidder. Unsuccessful bidder’s EMD will be released as promptly as possible, but not later than 180 days after the award of the contract to the successful bidder. The successful bidder’s bid security will be released after signing the Contract and deposit of Performance Bank Guarantee (PBG). No interest will be payable by the Corporation on the amount of the EMD. The EMD may be forfeited in following cases: a. If a bidder withdraws his bid or increases his quoted prices during the period of bid

validity or its extended period, if any; or

b. In the case of a successful bidder, if it fails within the specified time limit to:



a) Sign the Agreement or,

b) Furnish the required Performance Bank Guarantee

3.8 LATE BIDS Any Bids received by the corporation after the deadline for submission of Bids prescribed in RFP will be summarily rejected and will be returned unopened to the Bidder.

3.9 BID OPENING Total transparency will be observed while opening of proposals. Sealed bid envelopes will be opened on 1630 hrs, 15th April 2010 in the presence of authorized representatives of the bidders who wish to attend the event at their own cost. Pre-Qualification Bid envelope will be opened and verified for completeness. The opening of financial proposal will be intimated later to the bidders who qualify the Pre-Qualification Criteria. All other envelopes shall be opened one at a time, reading out the name of the Bidder the presence or absence of a bid security and any other details as the corporation may consider appropriate. Corporation reserves the right at all times to postpone or cancel a scheduled RFP opening. The venue for the opening of proposals is Office Complex, Block 'A', Gautam Nagar, Warehousing and Logistics Corporation Bhopal, Madhya Pradesh

3.10 GENERAL GUIDELINES

a. The RFP cannot be transferred and can be led only by the bidder to whom this RFP has been issued.

b. Bidders shall provide such evidence of their continued eligibility satisfactory to the Corporation, as asked.

c. All the Bidders, for the purpose of submitting a Proposal shall treat the content of this document as private and confidential.



d. Each bidder shall submit only one Proposal. The bidder who submits or participates in more than one Proposal will be disqualified.



3.11 PROPOSAL INSTRUCTIONS & CONDITIONS

3.11.1 Documents comprising the bidder’s proposal

a) The proposal submitted by the Bidder shall comprise the following documents:

The Bidder shall submit the proposal in 2 parts:

• Bid cost Receipt, EMD, and Pre - Qualification

• Financial Proposal

Earnest Money Deposit (EMD) of INR 3, 00,000/- (Three Lakhs Only) shall be enclosed in a separate envelope.

b) Pre - Qualification duly completed and duly signed by the authorized signatory of the Bidder.

c) The Financial Proposal of the Bidder in format provided in this RFP.

d) Any other information that is to be submitted during the course of Proposal process. The bidder will submit one original set of documents (Pre -Qualification and Financial Proposal) clearly marked "ORIGINAL". In addition, the Bidder shall submit two hard and one soft copy of the Pre -Qualification and clearly marked "COPY". In the event of discrepancy between proposals, the original shall prevail. The EMD, Pre -Qualification and Financial Proposal shall be placed in separate sealed envelopes as follows: Envelope 1: Bidding Document Cost (Or Receipt), EMD Envelope and One Original &

two copies (hard copies) along with one soft copy of Pre - Qualification Envelope 2: One Original Hard copy of Financial Proposal Further, in the event of discrepancy between the hard copy and the soft copy, the hard copy shall prevail.

3.11.2 Signature, Seal & marking of proposal

The original and copy of the proposal shall be signed by authorized person of the bidder. All pages of the proposal, where entries or amendments have been made, shall be initialed



by the authorized person of bidder signing the proposal. All signatures on the letters / certificates attached with the proposal document shall be stamped suitably.

The envelopes of EMD, Pre -Qualification and Financial Proposals shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and title of the RFP, and be clearly marked “Do Not Open before the scheduled date and time”. Corporation shall not be responsible for misplacement, losing or premature opening if the outer envelope or envelopes of any of the three proposals are not sealed and/or marked as stipulated. This circumstance may be case for Proposal rejection. If the Proposal is not submitted in a separate sealed envelope duly marked as indicated above, this will constitute grounds for declaring the proposal non-responsive.

3.11.3 Period of validity of proposal The Proposals submitted by bidders shall be valid for a period of “180 days” from the date of submission of the bid. On completion of the validity period (180 days), in case required, the Corporation would solicit the bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing by post or email. 3.11.4 Non-confirming proposal

In case the proposal is not accompanied by the requisite bid security (EMD) and/or it has not been properly signed and/or there is a discrepancy between the items on the checklist and the actual documents/material submitted, committee reserves the right to reject the proposal or declare the proposal invalid. 3.11.5 Amendments to RFP At any time prior to the deadline for submission of Proposal, the corporation may amend the RFP documents by issuing suitable Corrigendum. Any corrigendum issued in this regard shall be uploaded on the MP WLC website (http://www.mpwarehousing.com/) and will be communicated through email / written letter to those companies who have already purchased the RFP document and provided their contact details. To give reasonable time to the vendors, so that they can take corrigendum into account in preparing their Proposals, the Corporation shall extend (if necessary), the deadline for submission of Proposals. 3.11.6 Language of proposal The Proposal, and all correspondence and documents related to the Proposal exchanged by the bidder and the Corporation should be in English. Supporting documents and printed literature furnished by the bidder may be in any language other than English provided they are accompanied by an accurate translation of the relevant passages in English language.



3.11.7 Currency of proposal and payment The currency (ies) of the Proposal offer and the payments shall be in Indian Rupees (INR). 3.11.8 Correction of errors Bidders are advised to exercise greatest care in entering the pricing figures. No requests regarding correction of mistakes in the financial bids will be entertained after the quotations are opened. All corrections like cutting or overwriting etc., if any, should be initialed by the person signing the tender form before submission, failing which the figures for such items may not be considered. Arithmetic errors in bids will be corrected as follows:

• Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern.

• Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate will govern.

3.11.9 Disqualification The proposal submitted by a bidder is liable to be disqualified if:

• Not submitted in accordance with this document.

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

• Bid received in incomplete form or not accompanied by bid security amount.

• Bid received after due date and time or not accompanied by all requisite documents.

• Bidder sub-contracts any part of the project apart from mentioned in the RFP

• Bidder fails to enter into a contract within 15 days of the date of notice of the award of tender or within such extended period, as may be specified by the corporation. (The perspective bidder will be deemed to have entered in the contract after formally signing contract documents and submission of Performance Bank Guarantee)

3.11.10 Modification, substitution & withdrawal of proposal



The bidder may modify, substitute or withdraw its proposal after its submission, provided that written notice of the modification or withdrawal is received by the Corporation, prior to the deadline prescribed for submission of proposals. In case of substitution or withdrawal of proposal, the previous bid document will be returned unopened on bid opening day. In case of modification of proposal, modified bid document along with original bid document will be opened on bid opening day. The Bidder’s modification, substitution or withdrawal notice shall be prepared, sealed, marked and dispatched. The modification, substitution or withdrawal notice may also be sent by fax or email but should be followed by a duly signed confirmation copy (in original) not later than the deadline for submission of proposals. No proposal may be modified or substituted subsequent to the deadline for submission of proposal. No proposal may be withdrawn in the interval between the deadline for submission of proposals and the expiration of the period of proposal validity specified by the bidder on the Proposal Form.



Sect ion 4 . P R O P O S A L EVALUA TIO N

4.1 EVALUATION COMMITTEE(S) The Evaluation Committee(s) constituted by the MP SCSC and MP WLC officials and shall evaluate the proposals. The Committee(s) may choose to conduct negotiation or discussion with bidders as per procedures of Government of Madhya Pradesh. The decisions of the Evaluation Committee(s) in the evaluation of Prequalification and Financial bids shall be final. No correspondence will be entertained outside the process of negotiation / discussion with the Committee(s).

4.2 PROPOSAL OPENING AND EVALUATION The evaluation of the proposals will be carried out in three stages: a. Bid document Cost and EMD Submission: The Corporation will check if the bidder

has deposited the Biding Document Cost and EMD as per the prescribed format and Value.

b. Pre Qualification evaluation: The bidder shall be examined prima facie to substantiate the compliance with the bidder’s eligibility criteria as set out for this project in terms of organizational, financial and technical experience etc. The bid will be rejected, in case it does not meet the Pre-qualification criteria. The bid will be rejected, in case it does not meet the Pre-qualification criteria. For such bids the Financial Bid shall not be opened. The bidders will be shortlisted based on the Pre-qualification criteria. In order to reach such a determination, the corporation will examine the information supplied by the bidders, and shall evaluate the same as per the evaluation criteria specified in this RFP.

• The Bid Evaluation Committee will open all the parts of Prequalification Proposal, in the presence of Bidders' designated representatives who choose to attend, at the time, date, and location, to be intimated by the corporation.

• The Corporation shall review the submitted proposal and a Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP or if it fails to comply with any of the prequalification requirements.

• Proposal may be rejected at any stage of the evaluation if it is found that the company has provided misleading information or has been black listed by a central or any state government or has indulged in any malpractice/ unethical practice and has not honored contractual obligation elsewhere.



• After the pre – qualification evaluation is completed and approved, Corporation shall inform the Bidders who have submitted proposals, the detailed compliance of their Proposals, and shall notify those Bidders whose Proposals did not meet the minimum criterion or were considered non responsive to the RFP and Scope of Services, that their Financial Proposals will be returned unopened after completing the evaluation process. The Corporation shall simultaneously notify in writing to the bidders that have complied with the Pre-Qualification criterion specified in the RFP the date, time and location for opening the Financial Proposals.

• Please note that conditional bid will not be entertained.

c. Financial evaluation: Based on the results of the prequalification evaluation, duly constituted financial evaluation committee will then proceed to open and evaluate the financial proposal of the prequalified and substantially responsive Bidders.

The bidder should furnish detailed break up of costs justifying the quoted rate.

Substantially responsive bid: A substantially responsive Bid is one, which conforms to the requirements, terms, conditions and specifications of the Request for Proposals without material deviation. A material deviation is one which affects in any substantial way the functionality, scope, quality, or performance of the Deliverables, or which limits in any substantial way, inconsistent with the Request for Proposals, Corporation rights or the Bidder's obligations for, performance of the Project and the rectification of which deviation would affect unfairly the competitive position of other Bidders presenting substantially responsive proposals.

4.3 CONFIDENTIALITY OF PROCESS Information relating to the examination, clarification, evaluation and comparison of Proposals, and recommendations for the award of the project shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced.

4.4 CLARIFICATIONS OF PROPOSALS & AUTHORIZED REPRESENTATIVE To assist in the examination, evaluations, and comparison of Proposals, the committee may, at its discretion, ask any Bidder for clarification of its Proposal. The request for clarification and the response shall be in writing by post or email or by facsimile, but no change in the price or substance of the Proposal shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the committee in the evaluation of the Proposals.



4.5 INITIAL EXAMINATION OF PROPOSALS Prior to the detailed evaluation of Proposals, the committee and/or its nominees will determine whether:

• Requisite bid security (EMD) has been submitted • The Bidder has provided Financial Proposal along with the Prequalification. • The proposal has been properly signed and sealed

In case the proposal is not accompanied by the requisite bid security (EMD) and/or it has not been properly signed, sealed and/or there is a discrepancy between the items on the checklist and the actual documents/material submitted, committee reserves the right to declare the proposal invalid.

4.6 CORRECTIONS OF ERRORS Bidders are advised to exercise greatest care in entering the pricing figures. No requests regarding correction of mistakes in the financial bids will be entertained after the quotations are opened. All corrections like cutting or overwriting etc., if any, should be initialed by the person signing the tender form before submission, failing which the figures for such items may not be considered. Arithmetic errors in bids will be corrected as follows:

• Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern.

• Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate will govern.

4.7 AUTHORIZED PERSON OF THE BIDDER The bidder must designate a person to represent the bidder in all its dealings related to this project.

4.8 PRE-QUALIFICATION (ELIGIBILITY) CRITERION This section gives the details of the evaluation criterion for the pre-qualification stage as well as the details which the bidder/consortium should provide as part of the bid document. The bidder/consortium should comply with the following eligibility criteria for Pre-qualification:



S. No. Criteria Documents to be submitted as

qualifying documents

1. Turnover

a) The Bidder/ All partners of the consortium (Combined) should have annual turnover of not less than INR 5 Crore from Man Power Supply (Data Entry) or Software / Application / Hardware Maintenance and related Manage IT services in each of the last Three financial years (FY 2006-2007, 2007-08 and 2008-09 respectively).

Acknowledgement form the Auditors of the Company stating clearly the turnover from Man Power Supply (Data Entry) or Software / Application / Hardware Maintenance and related Manage IT services in each of the last Three financial years (FY 2006-2007, 2007-08 and 2008-09 respectively).

Audited financial statements (reflecting overall turnover and the turnover specific to services/product lines) for the past Three financial years and other satisfactory evidences such as authorized signatory, auditor's certificate etc. The Income Tax Returns filed by the company for the last three assessment years should also be submitted.

b) The Bidder / All partners of the consortium should be profitable in each of the last three financial years (FY 2006-2007, 2007-08 and 2008-09 respectively).

2. The Bidder/ All partners of the consortium should be registered under the Companies Act, 1956, and Bidder should have been in existence in India for a minimum period of 3 years as on 31.03.2009

Certificate of Incorporation of the company.

3. The Bidder/ At least one partner of the consortium should have an active (valid at least till June 2010) ISO 9001:2000 certification at the time of submission of the bid

ISO 9001:2000 certificate

4. The Bidder/ All partners of the consortium(Combined) should have minimum 100 permanent employees on its

Self certificate to the effect signed by the HR Department of the Bidder



payrolls as on 31st December 2009 should be submitted.

5. The Bidder/ partners of the consortium must have executed at least Two project (Project should have been completed by December 2009) in Man Power Supply of minimum 50 resources in total (in Data Entry only) worth INR 50 Lakhs each in last three years

Project description, with budget, dates, and project completion certificates from the client and reference names of concerned officials and financial value of the projects performed.

6. The Bidder / partners of the consortium must have executed at least Two project ( Project should have been completed) in the field of Hardware maintenance/ Application Maintenance/ Facility Management of worth INR 25 lakh each in last three years. In case of ongoing project, the project should have started before March 2009

Project description, with budget, dates, and project completion certificates from the client and reference names of concerned officials and financial value of the projects performed.

In case of Consortium, the total number of consortium members cannot exceed TWO, including the lead member of the consortium.

If bidder is a consortium of firms, the consortium must provide:

• The details of formation of the consortium

• Percentage of stake of each consortium member

• The role of each member of the consortium

• The details of roles and responsibilities of each partner. The same should be endorsed by authorized representative of the each partner

• The original stamped consortium agreement shall be attached along with the pre-qualification proposal.

The Bidder must have an office in Madhya Pradesh. In case the Bidder does not have a registered office in MP, the bidder has to provide an undertaking that an office shall be opened in Bhopal within 30 days of award of contract.

The bidder will also submit a detailed plan in writing on “How the bidder plans to provide Manpower” which will include a document describing how the number of Manpower



required would be provided including the sources, plan to deploy them at various locations and monitoring plan. The bidder should explicitly define whether it will take services of any agency for hiring manpower or will hire from the market. The bidder should also specify whether it will hire the resources on payroll or on contract basis.

The financial bid of only those bidders will be opened who meet the above Pre- Qualification Criteria.

4.9 FINANCIAL EVALUATION CRITERION The bidder should quote the consolidated price inclusive of all taxes, duties, charges and levies etc. as applicable. The bidder should furnish detailed break up of costs justifying the quoted rate. The Detailed Break Up of Costs should include:

• Per Person Per Month Charges for resources deployed at issue center • Per Person Per Month Charges for Core Team (Project Manager and Analyst

separately) deployed for Coordination, Reporting and management • Per Person Training Cost for Basic Computer and Application Training

The bidder having lowest overall financial quote will be given priority over other bidders. The evaluation committee(s) may choose to conduct negotiation or discussion with the Lowest priced Bidder as per the policy of the Corporations. The prices, once offered, must remain firm and must not be subject to escalation for any reason whatsoever within the period of validity of the bid and subsequent contract, if any.

Financial Proposals shall be opened in the presence of the representatives of the bidders. The bidders will have to bear cost of travel. Absence of the representative of the Bidder at the Financial Proposal opening won’t be the criteria for disqualification of any Bidder.



Sect ion 5 . STATEMEN T OF REQUIR EME NTS

5.1 CURRENT ENVIRONMENTS

5.1.1 Details of Issue Centers The details of the Issue Centers are available in Annexure 7.4 5.1.2 IT Infrastructure availability All the issue centers have two desktops, one dot matrix printer, one server and internet connectivity. 5.1.3 Current Software application Following application is currently running in the issue centers:

IISFM (Integrated Information System for Food Grain Management) IISFM application contains modules pertaining to procurement and storage. This is web-based software which uses .NET Active Server Pages as front end and MS SQL as back-end. Following modules are being implemented in the district level automation of Public Distribution System:

• Procurement • Storage



Procurement The procurement module covers following activities pertaining to MP State Civil Supplies Corporation: § Target Allocation § Procurement § Gunny and Payment Details § Wheat Transfer from Procurement Centre to Storage Centre

The system generates following reports: § Quantity procured from farmer and Payment made to Farmer § Daily Procurement Report § Deposit by a society at various storage centers § Wheat deposited at an issue center by various societies § Society-wise Payment Report § Society-wise Procurement, Deposit and Payment (Under Construction) § Purchase-wise Procurement Report



Storage The procurement module covers various activities which are performed by MP State Civil Supplies Corporation as well as Warehousing and Logistics Corporation. The activities are: § Movement Challan Form § Pending GatePass of Movement Challan § Edit Movement Challan § Receipt Details § Depositor Form § Delivery GatePass § Pending GatePass of Delivery § Delivery Order § Quality Control Report

The system generates following reports:

§ Daily Receipt and Release Register § Stack wise Register § Depositor Ledger § Stock Register § Delivery Order § Warehouse Receipt § Stack wise Condition Report Register § Daily Receipt/Issue of WHR Register( MP SCSC ) § GatePass Register § Godown wise stack wise Current Stock position § Stock Valuation Register § Daily Issue Commodity wise (MP SCSC) § Daily Receipt Commodity wise (MP SCSC) § DO wise issue details (MP SCSC) § Scheme wise Outflow- District Accounting § Transactions - District Accounting § Truck Challan Issue details (MP SCSC) § Receipt Acknowledgement (MP SCSC)



5.2 SCOPE OF WORK

5.2.1 General scope of work

The Corporations has IT Applications running at all the issue centers and District Offices of Food and Civil Supplies Department. These applications capture receipts and issue/distribution information of food grains. The vendor will be required to provide manpower support for data entry in application software at all the issue centers of MPSCSC and MPWLC. In addition the bidder will provide data entry operator for each District Office (50) & Headquarter (1) of Food and Civil Supplies Department. The vendor will also monitor the manpower deployed and generate MIS reports and for the corporation’s (MP SCSC and MP WLC) through the deployed central team. The manpower will also flag any issue with the software and report the same to NIC. The reports will help Corporations in monitoring and reporting quantity of food grains available in issue centers. The data entry operators will also be responsible for maintenance support of the application and hardware at the respective locations. The corporations also require capacity building of employees in Basic Computer and Application Training from the vendor. The Manpower deployed at the issue centers will hand hold the designated employee of the issue centre in data entry and application usage. Detail of the scope of work is provided in the sections below. 5.2.2 Man Power Supply for Data Entry in Software Application The vendor will have to supply the Manpower as following a. For first two weeks from award of contract (PHASE 1): The vendor will provide its resources for initial training by the corporation for initial two weeks. The Corporation will decide and communicate the place of training to the vendor on sign of contract. After training of vendor’s resources, phase two will commence as described below.



b. For next Six months after initial training of vendor’s resources (PHASE 2):

The vendor will supply one resource at each of the Issue centers of corporations and District Offices (50) & Headquarter (1) of Food and Civil Supplies Department. The manpower supplied by the vendor will be responsible for:

• Collecting information from corporation’s officials at the respective location • Data entry in Software Applications • Transmitting Data (Even if Internet Connection is not working at issue centers)

• Generating MIS reports at the respective locations • Reporting to the designated official of the corporation • Maintenance of application software and hardware

• System software updation (Operating System, Antivirus etc) • Reporting to the core team of the vendor • Recording and Reporting any bug or problem found in the Software Application. • Assisting NIC in developing new functionalities in the application • The resources at Issue center will give on the job training and hand hold Corporation

employees. The corporation procures food grains from the market during the procurement season.

The procurement details will be required to be entered in the applications. The details of this data will be sent to the resources deployed at issue center through SMS mobile phones. For this purpose, each resource of the vendor should carry a mobile phone. The responsibility that each resource carry mobile (in working condition) lies with the vendor. The operating cost of the mobile connection shall also be responsibility of the vendor.

During this phase, Core Team of the vendor will also be deployed at the Head Quarters of Corporation.

The Corporation may extend phase 2 (supply of manpower at all issue centers and Department’s district offices) for another 6 months. In such a scenario, the corporation will pay for extended phase 2 to the vendor in three equal installments. Please note that in case phase 2 is extended, the payment schedule for phase 3 and phase 4 will stay the same.



The existing application for data entry is http://demo.mp.nic.in/csms/Mainlogin.aspx. Sample Screen Shots of the application are available in Annexure 7.5

c. For next Six months after phase 2 (PHASE 3)

After phase 2 of the engagement, the vendor will withdraw its Manpower from all locations including issue centre and locations of Food and Civil Supplies Department. However, vendor, in place, would deploy one resource at each District Level Offices (50) of the Corporation for supporting employees at issue centers for another 6 months. The support will generally be telephonic and or through internet/mail. However in case it is required, the resources will have to travel to the issue centre. During this phase, Core Team of the vendor will also be deployed at the Head Quarters of Corporation.

d. Core team deployment ( During entire contract period) The Vendor shall deploy a Core Team at the Head Quarters of Corporation. The core team shall be responsible for

• Monitoring and guide the Manpower deployed at issue centre and District level • Collate and record the Bugs and change request.

• Coordinating with NIC for Change Request Management for issues in application (Currently IISFM)

• Ensure the desired operational level at all locations.

• Escalate any issues and problem to Senior management • Provide MIS reports and interpretations to Management

During PHASE 4, only vendor’s core team will be available with the Corporations.



5.2.3 Training and Change Management

The Bidder will also provide training for two days to the employees of MP SCSC and MP WLC for upgrading computer skills. The training will include providing basic computer knowledge to MP SCSC and MP WLC employees and training on applications (Currently IISFM). The responsibilities of vendor will include:

• Supplying Manpower for training corporation employees

• Distributing Training Manuals to corporation employees • The vendor will conduct tests for the corporation’s employees and send the

evaluation reports to the Corporation. • Train 500 employees of the corporations. • The training will have to be provided in the campus/ Space provided by the

corporations. • The vendor will have to provide refreshment and lunch during the two day training

period. Vendor will also provide Stationary (Pen/Notebooks etc) during Training • The training would cover following curriculum

o Day 1 : 1st Half Introduction to computers Hardware, LAN, Internet, emailing, basic hardware/ networking trouble shooting

2nd Half Revision & exercise, Separate Application Software training for respective corporations

o Day 2 : 1st Half

Revision & exercise,



Separate Application Software training for respective corporations

2nd Half Revision & exercise, Separate Application Software training for respective Corporations Test

5.2.4 Application and System Maintenance The vendor will be responsible for maintenance support of application and hardware. The responsibilities of vendor will include

• Vendor will be responsible for upkeep of the Hardware at the issue centre to the extent possible. This would include following with the AMC contractor wherever existing. The vendor representative would report any problem being faced in terms of hardware to the local head and to the core team.

• The vendor persons deployed at each location shall have to ensure that all licensed software are updated and kept upto date.

• The vendor person at all levels shall have to record and report any software bugs and security weakness found in the application software being used by the corporation during their tenure.

• If the vendor is not able to resolve software/ hardware issues, it will intimate the corporation’s officials immediately.

• The vendor core team will have to coordinate with NIC (National Informatics Center) in case of any software issues.

5.2.5 Management, Monitoring and Reporting The vendor will provide support and assist the corporation in managing the manpower supplied and the information being generated by the application software The responsibilities of vendor will include

• Management and monitoring manpower • Generation and Analysis of MIS reports • Coordinating with Corporations • Coordinating with NIC for change requests



5.3 SERVICE LEVEL AGREEMENT

For First Six month

S No Condition Triggering period

Penalty Document to be submitted

1. Delay in deployment of manpower at each location

Two months after contract period

Rs 100 per day per location

Joining report from each location

2. Delay in data entry and corresponding MIS report generation every day

2300hrs on each working day

Rs 100 per day per issue center

Online Report / hard copy as applicable.

3. Delay in rectifying/ reporting the hardware or software problem

Within one working day.

Rs 100 per day per issue center

Core team generated reports and local Log book.

From Six month to Twelve month form contract signing



1. Delay in deployment of manpower at district location

Six months after the completion of deployment of manpower at issue centre

Rs 100 per day per location

Joining report from each location

For entire contract period



1. Attendance of the Manpower. The manpower is allowed only 6 leaves in a six month period after approval from

More than 6 leave without replacement.

Rs 200 per day per person

Attendance register from the location



5.4 TIMELINES

S.

No.

Activity

Time of Completion

1. Date of Award of Contract to the successful bidder T0 T0

2. Date of Signing of Agreement with the successful bidder T1 T0+2 weeks

3. Vendor to train and deploy resources at Issue centers , FCS & core team at Head Quarter

T2 T1 + 6 weeks

4. Data entry by vendor’s resources in Applications and Change Request support

T3 T2+ 3 Months

5. Handholding and Change Management T4 T3+3 Months

6. Post Transition Support from District Level offices to support employees at issue centers

T5 T4+6 Months

7. Support at State level by core team for change management and overall reporting

T6 T2+18 Months



S N Activity Description

Work Schedule M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12 M13 M14 M15 M16 M17 M18 M19 M 20

1. Date of Award of Contract to the successful bidder

2. Date of Signing of Agreement with the successful bidder

3. Deploying resources at Issue centers, & core team at Head Quarter

4. Data entry by vendor’s resources in Applications and Change Request support

5. Data entry , handholding and Change Management

6. Post Transition Support from District Level offices to support employees at issue centers

7. Support at State level by core team for change management and overall reporting

6 Months 6 Months 3Months 3Months

6 Weeks

2 weeks



Sect ion 6 . OTHER TERMS AND CONDITIONS

6.1 INTERPRETATION In case of any ambiguity in the interpretation of any of the clauses in the tender document, the interpretation of the clauses by Authorized Representative of the MP SCSC & MP WLC shall be final and binding on all parties.

6.2 COMMUNICATIONS Wherever Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices, requests and discharges, these communications shall be:

(a) in writing and delivered against receipt; and

(b) delivered, sent or transmitted to the address for the recipient’s communications as stated in the Contract.

Communications shall be deemed to include any approvals, consents, instructions, orders, and certificates to be given under the Contract.

6.3 LANGUAGE The Proposal, and all correspondence and documents related to the Proposal exchanged by the bidder and the corporation should be in English. Supporting documents and printed literature furnished by the bidder may be in any language other than English provided they are accompanied by an accurate translation of the relevant passages in English language.

6.4 CORRUPT PRACTICES In the event of the bidder engaging in any corrupt or fraudulent practices during the bidding process, as per the judgment of the Corporation, the proposal will be rejected and the bidder will be blacklisted. Any decision in this regard will be final and binding on the bidder. For the purpose of this clause: “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of Corporation official in the selection process. It also includes bringing undue influence through any quarter or interfering directly or indirectly in the selection process to affect its outcome.



“Fraudulent Practice” means a misrepresentation of facts in order to influence selection process to the detriment of the Corporation.

6.5 TIME FOR COMMENCEMENT AND COMPLETION The Contractor shall commence work on the Facilities within the period specified and without prejudice, the Contractor shall thereafter proceed in accordance with the time schedule specified in the Implementation Schedule and any refinements made in the Agreed and Finalized Project Plan.

The Contractor shall attain Completion of the project or of a part where a separate time for Completion of such part is specified in the Contract, within the time stated or within such extended time to which the Contractor shall be entitled The Corporation may ask the vendor to continue the project after project completion, if deemed fit by the Corporation.

6.6 SUPPLIER /VENDOR’S ROLES AND RESPONSIBILITIES The Vendor will be responsible for:

• Preparation of Detailed Project Plan in line with the overall plan provided in the RFP. The same should be prepared in consultation with the Corporations.

• Procure, install, commission, operate and maintain requisite equipments, hardware & system software as per the requirements mentioned in this RFP.

• Keep all system software at all locations, up to date by installing regular upgrades / patches.

• Rectification of system software problems due to crashing or malfunctioning of the Operating System.

• Facility Management including management of infrastructure, utilities, ensuring safety and security of equipment, resources, data etc at various locations during the contract period.

• Provide manpower at various locations and provide training and technical support to

the Corporation



• The vendor has to ensure that the representatives trained by the corporations would further train the persons of the vendor to be deployed at issue centers.

• Deployment of requisite resources for managing all the operations at various locations and a dedicated team for the project.

• Deployment of Application and upgrades / patches at all issue centers.

• Generation of MIS reports as per the requirements of the corporation

• Ensuring the Service Level Agreements (SLA’s) for downtime of system, delivery of various services, errors in data entry, etc. as defined in details in the RFP, are met.

• Training and assistance to the staff members of the Corporation and related agencies.

• Management and quality control of all services and infrastructure.

• Any other services which is required for the successful execution of the project.

• Record and report all the problems related to the Application Software and Hardware to the Corporation and NIC.

6.7 CORPORATION (AND OTHER STAKEHOLDERS) ROLES AND RESPONSIBILITIES It will be the responsibility of the Corporations and FCS:

• To provide hardware including computer, printer & UPS to the vendor.

• To provide sitting place and working environment to the vendor.

• To create a dedicated team for overall supervisory and co-ordination for the project

including data verification, data analysis, MIS, etc.

• To monitor SLAs and defined policies

• To suggest and approve plan/ schedule for project execution

• Freezing of change requests/additions/modification of application software

• To monitor the maintenance of proper records for MIS Reports and provide sign off

to the same.

• To monitor the feedback from the vendor’s resources and other stakeholders



• To monitor computation of penalties, release of payments.

• To provide Space with electricity and sitting arrangement for training purposes

• Arrange training of at least 20 representatives of the Vendor in the application

software at their (Corporations) premises. All facilities for the training of these

vendor representatives except for lodging and boarding will be arranged by the

corporations.

• Providing Space for Conducting Trainings.

• Providing Equipments (Computers etc) for Conducting Trainings.

• Encouraging Corporation employees for training

• Ensuring Support (Power, Table, Chair etc) for training purpose

6.8 CONTRACT PRICE Contract once finalized will remain firm and unchanged during the entire period.

6.9 TERMS OF PAYMENT Payment Schedule

Other payment conditions

a. All payments would be made after deduction of penalties based on satisfactory performance (deployment, timely data entry, training, report generation, change request management, operational upkeep etc)

b. Vendor has to submit bills at Headquarters of Madhya Pradesh Warehousing and Logistics Corporation along with summary of work done during the period of two months.

Activity Payment (% of Contract

Price) Deployment of Manpower at each location 10 %

Equal Bi-monthly Payments (Post Deployment distributed across 18 months)

10%



6.10 SECURITIES (PBG) Performance Bank Guarantee

a. The successful Contractor shall at his own expense will deposit with the MP WLC within fifteen (15) days from the date of award of the contract, an unconditional and irrevocable Performance Bank Guarantee (PBG) from a Nationalized bank acceptable to the MP WLC, payable on demand, for the due performance and fulfillment of the contract by the Contractor. The format of the Performance Bank Guarantee is given in Annexure 7.3

b. The Performance Bank Guarantee shall be denominated in the currency of the contract.

c. This Performance Bank Guarantee will be valid till the completion of. The Performance Bank Guarantee amount would be INR 15 Lakhs. Subject to the terms and conditions in the Performance Bank Guarantee, at the end of the above mentioned period, the Performance Bank Guarantee will lapse automatically.

d. All charges whatsoever such as premium; commission etc. with respect to the Performance Bank Guarantee shall be borne by the Contractor.

e. The Performance Bank Guarantee may be discharged / returned by the MP WLC, upon being satisfied that there has been due performance of the obligations of Contractor under the contract. However, no interest shall be payable on the Performance Bank Guarantee.

f. In the event of the Contractor being unable to service the contract for whatever reason, the MP WLC, would evoke the PBG. Notwithstanding and without prejudice to any rights whatsoever of the MP WLC under the Contract in the matter, the proceeds of the PBG shall be payable to the MP WLC as compensation for any loss resulting from the Contractor’s failure to complete its obligations under the Contract. The MP WLC will notify the Contractor in writing of the exercise of its right to receive such compensation within 14 days, indicating the contractual obligation(s) for which the Contractor is in default.

g. The MP WLC shall also be entitled to make recoveries from the Contractor’s bills,

performance bank guarantee, or from any other amount due to him, the equivalent value of any payment made to him due to inadvertence, error, collusion, misconstruction or misstatement.



6.11 TAXES AND DUTIES For all services supplied, the contractor shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted products or services to the Employer.

If any rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or any change in interpretation or application of any Tax occurs in the course of the performance of Contract, which was or will be assessed on the Contractor or its employees in connection with performance of the Contract, an equitable adjustment of the Contract Price shall be made to fully take into account any such change by addition to the Contract Price or deduction there from, as the case may be.

6.12 CONFIDENTIAL INFORMATION The Employer (“the Disclosing Party”) and the Contractor (“the Receiving Party”) shall keep confidential and shall not, without the written consent of the other Party hereto, divulge to any third Party any documents, data or other information furnished directly or indirectly by the other Party hereto in connection with the Contract (Confidential Information), whether such information has been furnished prior to, during or following termination of the Contract.

The Contractor is deemed to be the Receiving Party of Confidential Information generated by the Contractor itself in the course of the performance of its obligations under the Contract and relating to the businesses, finances, contractors, employees, or other contracts of the Employer

The Employer shall not, without the Contractor’s prior written consent, use any Confidential Information received from the Contractor for any purpose other than the operation and maintenance of the project. Similarly, the Contractor shall not, without the Employer’s prior written consent, use any Confidential Information received from the Employer for any purpose other than those that are required for the performance of the Contract.

6.13 REPRESENTATIVES Nodal Officer If the Nodal Officer is not named in the Contract, then the Corporation shall appoint and notify the Contractor in writing of the name of the Nodal Officer. The Corporation may



from time to time appoint some other person as the Nodal Officer in place of the person previously so appointed, and shall give a notice of the name of such other person to the Contractor without delay. No such appointment shall be made at such a time or in such a manner as to impede the progress of work on the Facilities. Such appointment shall only take effect upon receipt of such notice by the Contractor. The Nodal Officer shall represent and act for the Corporation at all times during the performance of the Contract. All notices, instructions, orders, certificates, approvals and all other communications under the Contract shall be given by the Nodal Officer, except as herein otherwise provided.

All notices, instructions, information and other communications given by the Contractor to the Corporation under the Contract shall be given to the Nodal Officer, except as herein otherwise provided.

Contractor’s Representative If the Contractor’s Representative is not named, the Contractor shall appoint the Contractor’s Representative and shall request the Corporation in writing to approve the person so appointed. The request must be accompanied by detailed curriculum vitae for the nominee, as well as description of any other responsibilities the nominee would retain while performing the duties of the Contractor’s Representative. If the Corporation does not object to the appointment, the Contractor’s Representative shall be deemed to have been approved. If the Corporation objects to the appointment giving the reason therefore, then the Contractor shall appoint a replacement of such objection.

Objections and Removals

The Corporation may by notice to the Contractor object to any representative or person employed by the Contractor in the execution of the Contract who, in the reasonable opinion of the Corporation, may have behaved inappropriately, be incompetent, or be negligent. The Corporation shall provide evidence of the same, whereupon the Contractor shall remove such person from work.

6.14 PROJECT PLANNING AND PERFORMANCE The Agreed and Finalized Project Plan will be prepared by the Contractor and approved by the Corporation.

If required, the impact on the Implementation Schedule of modifications agreed during finalization of the Agreed and Finalized Project Plan shall be incorporated in the Contract by amendment.

Contractor shall undertake to supply, install, test, and commission the Services in accordance with the Agreed and Finalized Project Plan.



The progress report and other reports shall be prepared by the Contractor and submitted to the corporation in the format and frequency specified.

If at any time the Contractor’s actual progress falls behind the project schedule described in the Agreed and Finalized Project Plan, or it becomes apparent that it will so fall behind, the Contractor shall, at the request of the corporation or the Nodal Officer, prepare and submit to the Nodal Officer a revised project schedule, taking into account the prevailing circumstances, and shall notify the Nodal Officer of the steps being taken to expedite progress so as to attain completion of the facilities within the stated time for completion. The corporation, as per rules, through its officials can undertake audit of the information provided by the vendor at any point of time. The vendor must provide support and access to the data and its offices meant for the project. In case of any dispute, corporation’s decision will be final and binding on the vendor. In case the corporation through audit or otherwise finds that the vendor has purposefully committed any irregularity, corporation has the right to terminate the contract with immediate effect and revoke the PBG.

6.15 SUBCONTRACTING In case required, the Contractor shall seek permission and submit the list of sub-contractors to the corporation for its approval sufficient time ahead so as not to impede the progress of work. Such approval by the corporation of a sub-contractor(s) shall not relieve the Contractor from any of its obligations, duties, or responsibilities under the Contract.

6.16 INSPECTION AND TESTING The corporation and/or its representative reserve the right of inspection of processes being followed by the Contractor anytime during the period of the contract.

The corporation reserves the right to inspect, and test the deliverables by the contractor.

6.17 TRAINING REQUIREMENT

a. The vendor would conduct training for two days as the scope defined in the scope of work.

b. For the purpose of evaluating the Corporations employee the vendor has to prepare a question bank of 500 questions. The question bank shall be reviewed and approved by the Corporation’s authorized committee.



c. For each training session the Corporations will identify the set of questions to be asked in the test for each batch.

d. The corporation’s employees will be evaluated on the performance in these tests. e. The maximum number of attendees for each training session should be adequate and

homogenous (for the same corporation). The vendor would arrange separate trainings for each corporation.

f. The training will be provided at Divisional level ( 10 across the state) g. The average marks obtained across all the attendees in each training batch shall be at

least 50%. If the average score is less than 50%, the contractor must repeat the training for the whole batch with a new trainer at no additional cost.

h. Corporation reserves the right to inspect during the training and tests being undertaken by the officials.

i. All attendees scoring less than 60% shall be considered failed and be provided with repeat training and shall undergo a retest after the completion of the training. For the retraining and reassessment no additional cost shall be provided to the contractor. If even after the retraining, the attendee fails to achieve atleast 60% marks. The trainer shall be provided with cost of the both the training undertaken by the vendor and Corporations shall provision for entering remarks in the service book of the employee.

6.18 MANPOWER REQUIREMENT

a. The core team will be deployed in Bhopal in Corporation’s (MP SCSC / MPWLC) head office.

b. The Project Manager should be B Tech and MBA with at least 8 years of Professional experience. The Analyst should be B Tech with at least 4 years of Professional experience.

c. All Manpower for the supplied under the contract have to be Graduate (10+2+3) with good knowledge of typing and hardware.

6.19 COMMISSIONING AND OPERATIONAL ACCEPTANCE Commissioning of the Project shall be commenced by the Contractor immediately after Acceptance Certificate is issued by the Nodal Officer of the corporation.

The corporation shall supply all information reasonably required to enable the Contractor to carry out its obligations with respect to Commissioning of project.

6.20 FUNCTIONAL GUARANTEES If, for reasons attributable to the Contractor, the minimum level of the Functional Guarantees is not met either in whole or in part, the Contractor shall at its cost and expense



make such changes, modifications and/or additions to the Services or any part thereof as may be necessary to meet at least the minimum level of such Guarantees. The Contractor shall notify the Employer upon completion of the necessary changes, modifications and/or additions, until the minimum level of the Guarantees has been met. If the Contractor eventually fails to meet the minimum level of Functional Guarantees, the Corporation may consider termination of the Contract.

6.21 LIMITATION OF LIABILITY Except in cases of criminal negligence or willful misconduct and Intellectual Property Rights Indemnity claims:

• neither Party shall be liable to the other Party, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, which may be suffered by the other Party in connection with the Contract, other than specifically provided as any obligation of the Party in the Contract, and

The aggregate liability of the Contractor to the Employer, whether under the Contract, in tort or otherwise, shall not exceed the Contract Price, provided that this limitation shall not apply to any obligation of the Contractor to indemnify the Employer with respect to patent infringement.

6.22 CRIMINAL CHARGES AND CONVICTIONS The Contractor warrants that it has disclosed and will continue to disclose during the term of this Contract full details of all criminal convictions and all pending criminal charges against it or any of its personnel and associates that would reasonably be expected to adversely affect the Contractor or the contractor’s capacity to fulfill its obligations under this contract.

6.23 CARE OF IT PRODUCTS AND/OR SERVICES The contractor shall be responsible for the care and custody of the equipments, Hardware, IT Products and/or Services or any part thereof until the date of completion of the project, where the contract provides for completion of the in parts, until the date of completion of the relevant part, and shall make good at its own cost any loss or damage that may occur to the equipments, Hardware, IT Products and/or Services or the relevant part thereof from any cause whatsoever during such period.



6.24 LOSS OR DAMAGE TO PROPERTY; ACCIDENT OR INJURY TO WORKERS; INDEMNIFICATION The Contractor shall abide by the job safety, insurance, customs, and immigration measures prevalent and laws in force in the India.

The Contractor shall indemnify and hold the Employer and its employees and officers harmless from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, in respect of the death or injury of any person or loss of or damage to any property by reason of the negligence of the Contractor or its employees, officers or agents.

6.25 INSURANCE The Contractor shall maintain standard forms of comprehensive insurance including liability insurance, system and facility insurance and any other insurance for its personnel deployed etc. and submit the list of all the insured items to the corporation prior to the start of operations.

6.26 UNFORESEEN CONDITIONS If, during the execution of the Contract, the Contractor shall encounter on the Site any physical conditions other than climatic conditions, or artificial obstructions that could not have been reasonably foreseen prior to the date of the Contract by an experienced contractor on the basis of reasonable examination of the data relating to the Project and on the basis of information that it could have obtained from a visual inspection of the Site if access thereto was available, or other data readily available to it relating to the project, and if the Contractor determines that it will in consequence of such conditions or obstructions incur additional cost and expense or require additional time to perform its obligations under the Contract that would not have been required if such physical conditions or artificial obstructions had not been encountered, the Contractor shall promptly, and before performing additional work or using additional Contractor’s Equipment, notify the Nodal Officer in writing of:

• the physical conditions or artificial obstructions on the Site that could not have been reasonably foreseen;

• the additional work required, including the steps which the Contractor will or proposes to take to overcome such conditions or obstructions;

• the extent of the anticipated delay; and

• the additional cost and expense that the Contractor is likely to incur.



6.27 CHANGE IN LAWS AND REGULATIONS If after the date of bid submission, any law, regulation, ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed which shall be deemed to include any change in interpretation or application by the competent authorities, that subsequently affects the costs and expenses of the Contractor and/or the Time for Completion, the Contract Price shall be correspondingly increased or decreased, and/or the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been affected in the performance of any of its obligations under the Contract.

6.28 FORCE MAJEURE

• Neither Party to this 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 unable to perform ("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, labor 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 to either Party shall entitle such Party to claim Force Majeure.

• 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 detail in writing to the other Party and shall demonstrate that it has 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 Contractor's performance of Services necessary for the operation of Project’s critical business functions for a period in excess of 5 days, the corporation may declare that an emergency exists. The corporation will issue a notice to the Contractor to resume normal services at all affected sites and for all operations within a period of 7 days. In the event that the Contractor is not able to resume services within the next 7 days, the corporation may terminate the Agreement and/or obtain substitute performance from an alternate Contractor. However, the event of Force Majeure is to be reviewed under two categories i.e. prior to commencement of operations and post commencement of operations respectively.



• Prior to commencement of operations: If the event of Force Majeure occurs prior to commencement of operations and continues for a period in excess of 10 days, then the corporation will grant a period of 7 days to the Contractor to resume normal activities under this Agreement. In case the default continues, then the corporation may discuss the issue with the Contractor and revise the existing timelines for the Project. If the Contractor does not complete the Project Implementation in accordance with the revised timeless, the corporation will have the option to invoke the EMD / Bank Performance Guarantee and/or terminate this Agreement.

• Post commencement of operations: If Force Majeure occurs post commencement of operations and continues for a period in excess of five days, then the corporation will grant a period of 7 days to the Contractor to resume normal services under this Agreement. In case the default continues, the corporation may grant an extension of time to the Contractor for rectifying the situation. However, the corporation will deduct for each day of the extension period a percentage proportionate to the number of days and the affected areas/s from the next payable amount as per Payment Schedule. If there is any further delay despite the extended period, the corporation will have the option to invoke the EMD / Bank Performance Guarantee and/or terminate the Agreement.

• Notwithstanding the terms of this section, the failure on the part of the Contractor under the SLA or Project Engagement Definition under the SLA to implement any disaster contingency planning and back-up and other data safeguards in accordance with the terms of the SLA or Project Engagement Definition against natural disaster, fire, sabotage or other similar occurrence shall not be an event of Force Majeure.

6.29 CHANGE IN THE FACILITIES Introducing a Change

• Either Party may seek to vary any obligation of the Contract by making application to the other Party. No amendment or other variation of the Contract shall be effective unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party to the Contract.

• The Employer shall have the right to propose, and subsequently require, that the Nodal Officer order the Contractor from time to time during the performance of the Contract to make any change, modification, addition or deletion to the requirements, provided that such Change falls within the general scope of work and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the work against the Agreed and Finalized Project Plan and the



technical compatibility of the Change envisaged with the nature of work as originally specified in the Contract.

• The Contractor may from time to time during its performance of the Contract propose to the Employer (with a copy to the Nodal Officer), any Change that the Contractor considers necessary or desirable to improve the quality or efficiency. The Employer may at its discretion approve or reject any Change proposed by the Contractor.

• No change made necessary because of any default of the Contractor in the performance of its obligations under the Contract shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract Price or the Time for Operational Acceptance.

Changes Originating from Employer If the Employer proposes a change, it shall send to the Contractor a “Request for Change Proposal” requiring the Contractor to prepare and furnish to the Nodal Officer as soon as reasonably practicable a “Change Proposal ” which shall include the following:

• brief description of the Change;

• impact on the Timelines;

• effect on Functional Guarantees (if any);

• Effect on any other provisions of the Contract.

Prior to preparing and submitting the “Change Proposal,” the Contractor shall submit to the Nodal Officer a “Change Estimate Proposal,” which shall be an estimate of the cost of preparing and submitting the Change Proposal, plus a first approximation of the suggested approach and cost for implementing the changes. Upon receipt of the Contractor’s Change Estimate Proposal, the Employer shall do one of the following:

• accept the Contractor’s estimate with instructions to the Contractor to proceed with the preparation of the Change Proposal;

• advise the Contractor of any part of its Change Estimate Proposal that is unacceptable and request the Contractor to review its estimate;

• Advise the Contractor that the Employer does not intend to proceed with the Change.

6.30 SUSPENSION



No order of suspension or termination of implementing Contractor would be issued by the corporation, except after conducting an enquiry by an officer of the corporation, authorized in this regard. The grounds for suspension / termination of implementing Contractor may include inter alia

• Contravention of the conditions/clauses as would be specified in the Contract/Letter of Appointment.

• Inability to perform the duties and requirements as would be specified in the contract.

6.31 TERMINATION BY EMPLOYER The Employer, without prejudice to any other rights or remedies it may possess, may terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefore to the Contractor:

• if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up, (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt;

• if the Contractor, in the judgment of the Employer has engaged in corrupt, fraudulent, coercive or collusive practices in competing for or in executing the Contract, including but not limited to willful misrepresentation of facts concerning ownership of Intellectual Property Rights in, or proper authorization and/or licenses from the owner to offer the hardware, software, or materials provided under the Contract.

If the Contractor

• has abandoned or repudiated the Contract;

• has without valid reason failed to commence work on the project promptly;

• persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause;

• refuses or is unable to provide sufficient Documentation, Services, or labor to execute and complete the project in the manner specified in the Agreed and Finalized Project Plan

The Employer may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor



to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor

Upon receipt of the notice of termination, the Contractor shall, either immediately or upon such date as is specified in the notice of termination,

• cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the project already executed, or any work required to leave the Site in a clean and safe condition;

• deliver to the Employer the part of the project executed by the Contractor up to the date of termination;

• to the extent legally possible, assign to the Employer all rights, title and benefit of the Contractor to the Project as of the date of termination, and, as may be required by the Employer

• deliver to the Employer all drawings, specifications, and other documents prepared by the Contractor as of the date of termination in connection with the Project.

6.32 TERMINATION BY CONTRACTOR If

• the Employer has failed to pay the Contractor any sum due under the Contract within 60 days or the employer has failed to approve any invoice or supporting documents without just cause pursuant to the Contract, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be. If the Employer fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice, or

• the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas or failure to obtain any governmental permit necessary for the execution and/or completion of the project;

then the Contractor may give a notice to the Employer of such events, and if the Employer has failed to pay the outstanding sum, to approve the invoice or supporting documents, to



give its reasons for withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice, or if the Contractor is still unable to carry out any of its obligations under the Contract for any reason attributable to the Employer within twenty-eight (28) days of the said notice, the Contractor may by a further notice to the Employer, forthwith terminate the Contract.

6.33 EXIT MANAGEMENT Purpose (i) This clause sets out the provisions which will apply on expiry or termination of the “Contract Agreement”, the “Project Implementation, Operation and Management SLA (Service Level Agreement)” and “SOW (Scope of Work)”.

(ii) In the case of termination of the Project Implementation and/or Operation and Management SLA or SOWs due to illegality, the Parties (‘corporation’, ‘Contractor’) shall agree at that time whether, and if so during what period, the provisions of this clause shall apply. The Parties shall ensure that their respective associated entities, in case of the corporation or its nominated agencies and Contractor, carry out their respective obligations set out in this Exit Management Clause. Transfer of Assets (i) The Contractor shall be entitled to use the Assets for the duration of the exit management

period

(ii) The corporation during the Project Implementation Phase and Operation and Management Phase shall be entitled to serve notice in writing on the Contractor at any time during the exit management period requiring the Contractor to provide the corporation or its nominated agencies with a complete and up to date list of the Assets within 30 days of such notice. The corporation shall then be entitled to serve notice in writing to the Contractor at any time prior to the date that is 30 days prior to the end of the exit management period requiring the Contractor to sell any of the Assets to be transferred to the corporation or its nominated agencies at market value (as determined as of the date of such notice).

(iii) Upon service of a notice as mentioned in point above, the following provisions shall apply:



a. In the event, if the Assets to be transferred are mortgaged to any financial institutions

by the Contractor, the Contractor 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 the corporation or its nominated agencies.

b. All risk in and title to the Assets to be transferred to be purchased by the corporation or its nominated agencies pursuant to Clause (ii) above, shall be transferred to the corporation or its nominated agencies, on the last day of the exit management period.

c. That on the expiry of this clause, the Contractor and any individual assigned for the performance of the services under this clause shall handover or cause to be handed over all Confidential Information and all other related materials in its possession, including all the hardware supplied by Contractor under this clause to the corporation.

Cooperation and Provision of Information (i) During the exit management period:

a. The Contractor will allow the corporation or its nominated agencies access to

information reasonably required to define the then current mode of operation associated with the provision of the services to enable it to assess the existing services being delivered;

b. Promptly on reasonable request by the corporation or its nominated agencies, the Contractor shall provide access to and copies of all information held or controlled by it, the Project Implementation, the Operation and Management SLA and SOWs relating to any material aspect of the services (whether provided by the Contractor). The corporation or its nominated agencies shall be entitled to copy all such information. Such information shall include details pertaining to the services rendered and other performance data. The Contractor shall permit the corporation or its nominated agencies and/or any Replacement Contractor to have reasonable access to its employees and facilities as reasonably required to understand the methods of delivery of the services employed by the Contractor and to assist appropriate knowledge transfer.

Confidential Information, Security and Data



(i) The Contractor will promptly on the commencement of the exit management period supply to the corporation or its nominated agencies the following:

a. Information relating to the current services rendered and customer satisfaction

surveys and performance data relating to the performance in relation to the services; and

b. Documentation relating to Intellectual Property Rights; and

c. The corporation data and confidential information; and

d. All current and updated corporation data as is reasonably required for purposes of corporation or its nominated agencies transitioning the services to its Replacement Contractor in a readily available format; and

e. All other information (including but not limited to documents, records and agreements) relating to the services reasonably necessary to enable corporation or its nominated agencies, or its Replacement Contractor to carry out due diligence in order to transition the provision of the Services to corporation or its nominated agencies, or its Replacement Contractor (as the case may be).

(ii) Before the expiry of the exit management period, the Contractor shall deliver to the

corporation or its nominated agencies all new or up-dated materials from the categories set out in point (i) above and shall not retain any copies thereof, except that the Contractor shall be permitted to retain one copy of such materials for archival purposes only.

(iii) Before the expiry of the exit management period, the corporation or its nominated agencies shall deliver to the Contractor all forms of Contractor confidential information which is in the possession or control of the corporation or its nominated agencies or its users.

Employees (i) Promptly on reasonable request at any time during the exit management period, the

Contractor shall, subject to applicable laws, restraints and regulations (including in particular those relating to privacy) provide to the corporation or its nominated agencies a list of all employees (with job titles) of the Contractor dedicated to providing the services at the commencement of the exit management period;

(ii) Where any national, regional law or regulation relating to the mandatory or automatic transfer of the contracts of employment from the Contractor to the corporation or its



nominees, or a Replacement Contractor ("Transfer Regulation") applies to any or all of the employees of the Contractor, then the Parties shall comply with their respective obligations under such Transfer Regulations.

(iii) To the extent that any Transfer Regulation does not apply to any employee of the

Contractor, the corporation or its nominated agencies, or its Replacement Contractor may make an offer of employment or contract for services to such employee of the Contractor and the Contractor shall not enforce or impose any contractual provision that would prevent any such employee from being hired by the corporation or its nominated agencies or any Replacement Contractor.

Transfer of certain agreements (i) On request by the corporation or its nominated agencies, the Contractor shall effect such

assignments, transfers, innovations, licenses and sub-licenses as required in favor of the corporation or its nominated agencies, or its Replacement Contractor in relation to any equipment lease, maintenance or service provision agreement between Contractor and third party lessors, Contractors, or Contractor, and which are related to the services and reasonably necessary for the carrying out of replacement services.

Right of Access to Premises (i) At any time during the exit management period, where Assets are located at the

Contractor's premises, the Contractor will be obliged to give reasonable rights of access to the corporation or its nominated agencies, and/or any Replacement Contractor.

(ii) The Contractor shall also give the corporation or its nominated agencies, or any Replacement Contractor right of reasonable access to the Contractor's premises and shall procure the corporation or its nominated agencies and any Replacement Contractor rights of access to relevant third party premises during the exit management period and for such period of time as is reasonably necessary to migrate the services to the corporation or its nominated agencies, or a Replacement Contractor.

General Obligations of the Contractor (i) The Contractor shall provide all such information as may reasonably be necessary to

effect handover as practicable in the circumstances to the corporation or its nominated agencies or its replacement Contractor and which the Contractor has in its possession or control at any time during the exit management period.



(ii) The Contractor shall commit adequate resources to comply with its obligations under this Exit Management Clause.

Exit Management Plan (i) The Contractor shall provide the corporation or its nominated agencies with a

recommended exit management plan ("Exit Management Plan") which shall deal with at least the following aspects of exit management as a whole and in relation to the Project Implementation, the Operation and Management SLA and SOWs.

a. A detailed programme of the transfer process that could be used in conjunction with a

Replacement Contractor 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; and

b. Plans for communication with such of the Contractor's staff, suppliers, customers and any related third party as are necessary to avoid any material detrimental impact on corporation’s operations as a result of undertaking the transfer; and

c. If applicable, proposed arrangements for the segregation of the Contractor's networks from the networks employed by the corporation or its nominated agencies and identification of specific security tasks necessary at termination; and

d. Plans for provision of contingent support to the corporation or its nominated agencies, and Replacement Contractor for a reasonable period after transfer for the purposes of providing service for replacing the Services.

(ii) Exit Management Plan shall be presented by the Contractor to and approved by the

corporation or its nominated agencies.

(iii)During the exit management period, the Contractor shall use its best efforts to deliver the services.

(iv)The Exit Management plan shall be furnished in writing to the corporation or its nominated agencies within 90 days.

6.34 DISPUTES AND ARBITRATION If any dispute of any kind whatsoever shall arise between the corporation and the Contractor in connection with or arising out of the Contract, including without prejudice to the



generality of the foregoing, any question regarding its existence, validity, or termination, the parties shall seek to resolve any such dispute or difference by mutual consultation. If the parties fail to resolve such a dispute or difference by mutual consultation, the dispute can be filed at Bhopal Jurisdiction only. This guarantee shall be governed by and construed in accordance with the Indian Laws and We hereby submit to the exclusive jurisdiction of courts of Justice in India for the purpose of any suit or action or other proceedings arising out of this guarantee or the subject matter hereof brought by you may not be enforced in or by such count.



Sect ion 7 . ANNUXU RES

7.1 BIDDER RESPONSE FORM

7.1.1 Bidder’s response forms check list and sheet

S. No Criterion Details Supporting documents

Yes / No / NA

Page no Referen

ce 1 EMD EMD comprising of demand draft of

INR 1000 (One Thousand only) drawn on a nationalized / scheduled bank valid for a minimum of 180 days and in favor of “Managing Director, Madhya Pradesh Warehousing and Logistics Corporation, Government of Madhya Pradesh” payable at Bhopal.

Demand draft of INR One Thousand Only

2 Power of Attorney

• Power of Attorney in the name of person signing the bid

Original Power of Attorney document

3 Registration of company under companies act, 1956

• Bidder should be registered under the Companies Act, 1956.

• Bidder should be in existence for at least 3 years as on 1st January 2010

Company Registration certificate

4 Banned or Blacklisted Company

Undertaking that company is not Banned or Blacklisted Company by Government Institutions in India Self certificate signed by authorized signatory need to be submitted.

Self certificate signed by authorized signatory

5 PAN details

Copy of the PAN card of the Company

Copy of the PAN card of the bidder

6 Annual Turnover

The Bidder should have annual turnover of not less than INR 5 Crore

Audited Balance sheets



Details

from Man Power Supply (Data Entry or Software/Application/ Hardware Maintenance) and related services in each of the last two financial years (FY 2007-08 and 2008-09 respectively).

and Profit & Loss account statements for each of the last 3 financial years • Certificate

from Statutory Auditor for positive net worth

• Income Tax Returns filed by the firm for each of the last 3 Assessment Years (FY 2007-08, 2008-09 and 2009-10) respectively

7 Expertise of the bidder

• The bidder must have executed at least one project (Project should have been completed by December 2009) in Man Power Supply of minimum 50 resources(in Data Entry or Software/Application Maintenance) worth INR 50 Lakhs in last two years

• The Bidder must have executed at

least one project (Project should have been completed by December 2009) in Man Power Supply (in Hardware – Annual Maintenance Contract) worth INR 25 Lakhs in last two years

Copy of Work orders Completion certificates from client

8 Quality certification

The Company should have an active ISO 9001:2000 certification at the time of submission of the bid. A copy

Copy of Quality certificate /



of the Quality certificate or documentation of the Quality policy needs to be provided along with the bid document.

documentation of Quality policy



7.1.2 Bid submission forms

Letter of bid To, The Managing Director, Madhya Pradesh State Ware Housing Corporation, Bhopal, Madhya Pradesh Subject: Appointment of Agency for Manpower Supply for Data Entry, Training and Application Support Dear Sir, Having examined the RFP document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to execute the project for the : Appointment of Agency for Manpower Supply for Data Entry, Training and Application Support for Madhya Pradesh State Civil Supplies Corporation, and offer services as required and outlined in the RFP. All the details required for pre-qualification have been provided in the specified formats and have been substantiated with support documents as asked. Sincerely yours (Signature) (In the capacity of) Duly authorized to sign the Bidder Response for and on behalf of: (Name and Address of Company) Seal/Stamp of bidder

7.1.3 Qualification of the bidder

i. Bidder information sheet

S.

No.

Particulars Details

Page no. (for any

attachment) 1. Name of the firm

2.

Registered office address Telephone number Fax number Email



3.

Correspondence Address

4.

Details of the Contact Person (name, designation, address) Telephone number Fax number Email

5.

Year and Place of the establishment of the Company under Indian Companies Act 1956

6.

Service Tax Registration details

7.

Details of the offices present in Madhya Pradesh

8.

Bidder should have active ISO 9001:2000 Certification at the time of submission of Bids. Copies of the certificates or brief on Quality policy & System being followed to be provided.

ii. Financial capability

Format for providing Financial Information

S. No.

Description Financial Year 2006-2007

Financial Year 2007-2008

Financial Year 2008-2009

1 Overall Turnover 2 Net Profit 3 Net Worth

iii. Experience

Specific experience in contracts of a similar nature

S. No Item Guidelines Attachment

Ref. No. for details 1. Name of the project 2. Client Details Name; Contact Person’s

name and number.



S. No Item Guidelines Attachment Ref. No. for details

3. Relevant Work Area/domain

Please specify the area of work/domain relevant to the requirement of this RFP.

4. No. of locations Please specify no. of locations for implementation

5. Scope of Work Provide Scope of Work; highlight Key Result Areas expected and achieved

6. Contract Value Provide particulars on contract value assigned to each major phase and milestone.

7. Project Completion Date

iv. Human Resources

The key expert responsible and proposed technical and support staff.

Professional Staff

Name of Staff

Firm Area of Expertise Position Assigned Task

This information should be provided for all key staff, such as team leaders, project managers, technical support staff, etc. The relevant CV’s of the professional staffs mentioned above are also required to be given in the format provided under this section.



Curriculum Vitae (CV) for Proposed KEY Professional Staff to be deployed on the project (Core Team) 1. Proposed Position [only one candidate shall be nominated for each position]: 2. Name of Firm [Insert name of firm proposing the staff]: 3. Name of Staff [Insert full name]: 4. Date of Birth: Nationality: 5. Education [Indicate college/university and other relevant specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]: 6. Membership of Professional Associations: 7. Other Training [Indicate significant training since degrees under “5 – Education” were obtained]: 8. Countries of Work Experience: [List countries where staff has worked in the last ten years]: 9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]: 10. Employment Record [Starting with present position, list in reverse order every

employment held by staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]:

From [Year]: To [Year]: Employer: Positions held



7.1.4 Bidder’s response to the schedule of requirements

Covering letter (on the Company letter head of the bidder / lead partner of consortium) To, The Managing Director, Madhya Pradesh Warehousing and Logistics Corporation, Bhopal, Madhya Pradesh Subject - Appointment of Agency for Manpower Supply for Data Entry, Training and Application Support Sir, Having examined the Bid Document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply Manpower for Data Entry, Training and Application Support and to meet such requirements & provide such services as are set out in the Bid Document. We undertake, if our Bid is accepted, to adhere to the implementation plan (Key Events/ Activities and dates of the project) put forward in the RFP or such adjusted plan as may subsequently be mutually agreed between us and Madhya Pradesh State Civil Supplies Corporation or its appointed representatives. If our Bid is accepted, we will obtain a Performance Bank Guarantee in the format given in the RFP document issued by a nationalized bank in India, acceptable to the Madhya Pradesh Warehousing and Logistics Corporation, of INR 15 Lakhs for a period of one and a half years from the award of the contract. We agree for unconditional acceptance of all the terms and conditions in the Bid document. Until within this period a formal contract is prepared and executed, this Bid Response, together with your written acceptance thereof in your notification of award, shall constitute a binding contract between us. We agree that you are not bound to accept the lowest or any Bid Response you may receive. We also agree that you reserve the right in absolute sense to reject all or any of the products/ services specified in the Bid Response without assigning any reason whatsoever.



It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company /firm/organization and empowered to sign this document as well as such other documents which may be required in this connection. Dated this …………………………. Day of …………………..2010 (Signature) (In the capacity of) Duly authorized to sign the Bid Response for and on behalf of: ………………………………………………………………. (Name and address of the Bidder) Seal/Stamp of Bidder 7.1.5 Other bid forms and lists

Request for clarifications for pre bid

Date: Name of the Bidder: Address: Telephone Nos: Fax No: Mobile No: Email ID:

S. No.

Place of query (Section No., Clause No., Paragraph/Bullet No., Page no. in RFP document)

Particulars of the query / clarification

Remarks

Authorized Signatory



Designation (If the queries / clarifications are submitted through e-mail, the bidder should send the queries / clarifications through official e-mail IDs only.) (Please send all the Queries in Excel Format)

7.1.6 Bidder’s price schedule The bidder’s is required to provide price in three parts. Part A covers the cost of supplying Manpower at different corporation locations and Monitoring and Reporting to Management of corporation

S. No

Category of Service Unit Price (INR)

Comments

1. Cost of Supplying Manpower for data entry, application updation and hardware maintenance for first six month (PHASE 2)

(Per location per month)

Total locations 194

2. Cost of Supplying Manpower at district level for support for six months (PHASE 3)

(Per location per month)

Total 50 location

3. Cost of Core Team for Monitoring and Reporting to Management of Corporation for 18 months

(Per Person per month)

Total of 2 resources for this activity

Part B covers the costs for providing Basic Computer Training and Application Training for the employees.

S. No

Category of Service Unit Price (INR) Comments

1. Cost of providing Basic Computer Training and Application Training to employees of corporation for 2 days

(Per Employee)



7.2 DRAFT CONTRACT AGREEMENT

Agreement THIS AGREEMENT is made this ___ day of [ ], 2010, by and between: (i) ……………, MADHYA PRADESH WAREHOUSING AND LOGISTICS CORPORATION and MADHYA PRADESH STATE CIVIL SUPPLIES CORPORATION, the FIRST PARTY; AND (ii) ___________, a company registered under the Indian Companies Act, 1956 having its

registered office at __________ and place of business at _____________________________(hereinafter referred to as "Vendor") of the SECOND PARTY.

WHEREAS a) Madhya Pradesh Warehousing and Logistics Corporation & Madhya Pradesh State Civil

Supply Corporation intends to appointment an agency for manpower supply for data entry, training and application support project involving the Supply of Data entry operators at various locations, Maintenance of the Application Software at operational level, Maintenance of the office Hardware along with the system software updation and upkeep, providing basic computer training and Application Training for the employees and Monitoring and Reporting to Management of the corporation.

b) Madhya Pradesh Warehousing and Logistics Corporation and Madhya Pradesh State Civil Supply Corporation , undertook selection of a suitable Vendor, adopting open tender route, through competitive bidding for manpower supply for data entry, training and application support project and issued a Request for Proposal (RFP) dated […./…/2010];

c) The Vendor has been selected as the successful bidder to undertake the manpower supply for data entry, training and application support;

d) Madhya Pradesh State Civil Supply Corporation and Madhya Pradesh Warehousing and Logistics Corporation, intends to accord to the Vendor the right to undertake the manpower supply for data entry, training and application support Project on the terms and conditions set forth under Terms and Conditions Section.

e) The Vendor in pursuance of its proposal undertakes to supply manpower for data entry, training and application support Project stated hereinabove.



NOW THEREFORE, IN VIEW OF THE MUTUAL PROMISES AND CONSIDERATION SET OUT HEREIN, Madhya Pradesh State Civil Supply Corporation & Madhya Pradesh Warehousing and Logistics Corporation and the Vendor (each individually a “Party” hereto and collectively the “Parties”) have agreed to enter into this Agreement to govern the way in which the Vendor will supply manpower for data entry, training and application support and deliver the services specified under this Agreement and the Service Level Agreement (“SLA"), as specified in RFP, in accordance with roles and responsibilities of the Project and its nominated agencies and the Vendor as set forth in this RFP.



7.3 PERFORMANCE BANK GUARANTEE To, Managing Director, Madhya Pradesh Warehousing and Logistics Corporation, Bhopal, Madhya Pradesh. Subject - Appointment of Agency for Manpower Supply for Data Entry, Training and Application Support Dear Sir, PERFORMANCE BANK GUARANTEE – For the Selection of Agency for Manpower Supply for Data Entry, Training and Application Support WHEREAS M/s. (name of Bidder), a company registered under the Companies Act, 1956, having its registered and corporate office at (address of the Operator), (hereinafter referred to as “our constituent”, which expression, unless excluded or repugnant to the context or meaning thereof, includes its successors and assigns), agreed to enter into a Contract dated …….. (herein after, referred to as “Contract”) with you (Madhya Pradesh Warehousing and Logistics Corporation) for Project of Appointment of Agency for Manpower Supply for Data Entry, Training and Application Support in the said Contract. We are aware of the fact that as per the terms of the Contract, M/s. (name of Bidder) is required to furnish an unconditional and irrevocable Bank Guarantee in your favor for an amount of Fifteen Lakhs for a period of one and a half years from date of award of contract. We also guarantee the due performance by our constituent as per the Contract and do hereby agree and undertake to pay any and all amount due and payable under this bank guarantee, as security against breach/ default of the said Contract by our Constituent. In consideration of the fact that our constituent is our valued customer and the fact that he has entered into the said Contract with you, we, (name and address of the bank), have agreed to issue this Bank Guarantee.



Therefore, we (name and address of the bank) hereby unconditionally and irrevocably guarantee you as under: In the event of our constituent committing any breach/default of the said Contract, and which has not been rectified by him, we hereby agree to pay you forthwith on demand such sum/s not exceeding INR 15,00,000 (Fifteen Lakhs Only) for a period of one and a half years from date of award of contract. Notwithstanding anything to the contrary, as contained in the said Contract, we agree that your decision as to whether our constituent has made any such default(s) / breach(es), as aforesaid and the amount or amounts to which you are entitled by reasons thereof, subject to the terms and conditions of the said Contract, will be binding on us and we shall not be entitled to ask you to establish your claim or claims under this Bank Guarantee, but will pay the same forthwith on your demand without any protest or demur. This Bank Guarantee shall continue and hold good for a period of one and a half years from the date of award of contract subject to the terms and conditions in the said Contract. We further agree that the termination of the said Agreement, for reasons solely attributable to our constituent, virtually empowers you to demand for the payment of the above said amount under this guarantee and we would honor the same without demur. We hereby expressly waive all our rights: (i) Requiring to pursue legal remedies against Madhya Pradesh Warehousing and Logistics Corporation, Government of Madhya Pradesh; and (ii) For notice of acceptance hereof any action taken or omitted in reliance hereon, of any defaults under the Contract and any resentment, demand, protest or any notice of any kind. We the Guarantor, as primary obligor and not merely Surety or Guarantor of collection, do hereby irrevocably and unconditionally give our guarantee and undertake to pay any amount you may claim (by one or more claims) up to but not exceeding the amount mentioned aforesaid during the period from and including the date of issue of this guarantee through the period.



We specifically confirm that no proof of any amount due to you under the Contract is required to be provided to us in connection with any demand by you for payment under this guarantee other than your written demand. Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax, register red post or other electronic media to our address, as aforesaid and if sent by post, it shall be deemed to have been given to us after the expiry of 48 hours when the same has been posted. If it is necessary to extend this guarantee on account of any reason whatsoever, we undertake to extend the period of this guarantee on the request of our constituent under intimation to you. This Performance Bank Guarantee shall not be affected by any change in the constitution of our constituent nor shall it be affected by any change in our constitution or by any amalgamation or absorption thereof or therewith or reconstruction or winding up, but will ensure to the benefit of you and be available to and be enforceable by you during the period from and including the date of issue of this guarantee through the period. We hereby confirm that we have the power/s to issue this Guarantee in your favor under the Memorandum and Articles of Association/ Constitution of our bank and the undersigned is/are the recipient of authority by express delegation of power/s and has/have full power/s to execute this guarantee under the Power of Attorney issued by the bank in your favor. We further agree that the exercise of any of your rights against our constituent to enforce or forbear to enforce or any other indulgence or facility, extended to our constituent to carry out the contractual obligations as per the said Contract, would not release our liability under this guarantee and that your right against us shall remain in full force and effect, notwithstanding any arrangement that may be entered into between you and our constituent, during the entire currency of this guarantee. Notwithstanding anything contained herein: Our liability under this Performance Bank Guarantee shall not exceed INR 15 Lakhs for a period of 1.5 years from date of award of contract; and We are liable to pay the guaranteed amount or part thereof under this Performance Bank Guarantee only and only if we receive a written claim or demand on or before 1.5 years from



date of award of contract for the proposed services to Madhya Pradesh Warehousing and Logistics Corporation, Government of Madhya Pradesh. Any payment made hereunder shall be free and clear of and without deduction for or on account of taxes, levies, imports, charges, duties, fees, deductions or withholding of any nature imposts. This Performance Bank Guarantee must be returned to the bank upon its expiry. If the bank does not receive the Performance Bank Guarantee within the above mentioned period, subject to the terms and conditions contained herein, it shall be deemed to be automatically cancelled. This guarantee shall be governed by and construed in accordance with the Indian Laws and we hereby submit to the exclusive jurisdiction of courts of Justice in India for the purpose of any suit or action or other proceedings arising out of this guarantee or the subject matter hereof brought by you may not be enforced in or by such count. Dated ……………………. this ……….. day …………. 2010 Yours faithfully, For and on behalf of the …………… Bank, (Signature) Designation (Address of the Bank) Note: This guarantee will attract stamp duty as a security bond. A duly certified copy of the requisite authority conferred on the official/s to execute the guarantee on behalf of the bank should be annexed to this



7.4 LIST OF ISSUE CENTERS Following is the list of issue centers where the Vendor will have to deploy its resources:



Apart from the list of 189 issue centers above, the vendor has to provide its resources at the following 5 issue centers also :

• Jawasa

• Sardarpur • Badwaha • Hatipipalya

• Kalapipal



7.5 SCREEN SHOTS OF EXISTING APPLICATION Webpage



Screens for entry at Issue Center











7.6 ACRONYMS USED IN THIS DOCUMENT

Term Explanation

AMC Annual Maintenance Cost BOM Bill of Material DD Demand Draft MP SCSC Madhya Pradesh State Civil Supply Corporation MP WLC Madhya Pradesh Warehousing and Logistics

Corporation GoI Government of India GoMP Government of Madhya Pradesh H/W Hardware INR Indian National Rupees ISO International Standards Organization IT Information Technology MIS Management Information System RFP Request For Proposal S/W Software SLA Service Level Agreement MBA Masters in Business Administration B Tech Bachelor of Technology NIC National Informatics Centre