RFP Vol 1 NGO Darpan 2.0 Unlocked

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.

0 in NITI Aayog

NGO Darpan 2.0


Request for Proposal
for
Selection of “Managed Service Provider” for NGO Darpan
2.0 in NITI Aayog
Volume 1 – Instructions to Bidders

NITI Aayog
Government of India

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Table of Contents
1 DATA SHEET ...................................................................................................... 9
2 GENERAL INSTRUCTION TO THE BIDDERS ................................................................... 10
2.1 Definitions of Terms ................................................................................................. 10
2.2 Eligible Bidders ....................................................................................................... 10
2.2.1. Other Definition and Terms ...................................................................................... 10
2.3 Compliant Proposal/Completeness of Response ................................................................. 15
2.4 Submission of Undertakings, Certificates, Declarations, NDA, Pacts as per RFP ........................... 15
2.5 Conditions under which this RFP................................................................................... 15
2.6 Right to Terminate the Process .................................................................................... 15
2.7 Generic guidelines for Online Bidding process ................................................................... 15

3 INVITATION TO BIDDERS ....................................................................................... 17


3.1 Procurement of RFP ................................................................................................. 17
3.2 Pre- Bid Queries ...................................................................................................... 17
3.3 Pre- Bid Meeting ..................................................................................................... 17
3.4 Responses to Pre- Bid Queries ..................................................................................... 17
3.5 Supplementary Information/ Corrigendum / Amendment to the RFP ........................................ 18
3.6 Preparation and Submission of the Bids .......................................................................... 18
3.7 Bid Preparation Cost ................................................................................................ 18
3.8 Language .............................................................................................................. 18
3.9 Bid Currencies ........................................................................................................ 18
3.10 Earnest Money Deposit ( EMD) ..................................................................................... 18
3.11 Verification of Bank Guarantee .................................................................................... 19
3.12 Components of the e- Bid........................................................................................... 19
3.13 Contents of Pre - Qualification / Eligibility Bid ................................................................. 19
3.14 Contents of Technical Bid .......................................................................................... 20
3.15 Contents of Financial Bid ........................................................................................... 21
3.16 Bid Prices ............................................................................................................. 21
3.17 Authentication of Bids .............................................................................................. 22
3.18 Correction of Error .................................................................................................. 22
3.19 Interlineations in Bid ................................................................................................ 22
3.20 Late Bids .............................................................................................................. 22
3.21 Bid Validity Period ................................................................................................... 23
3.22 Rights to Vary Scope of Contract .................................................................................. 23
3.23 Rights to the Content of Proposal ................................................................................. 23
3.24 Modification and Withdrawal of Offers ........................................................................... 23
3.25 Deviations and Exclusions ........................................................................................... 23
3.26 Total Responsibility.................................................................................................. 23
3.27 Bid Scope .............................................................................................................. 23
3.28 Non- Conforming Proposals ......................................................................................... 23

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

3.29 Conflict of Interest .................................................................................................. 24


3.30 Blacklisting and Fraudulent Practices ............................................................................. 24
3.31 Disqualification....................................................................................................... 24
3.32 Rejection of Bids which are Outliers .............................................................................. 25
3.33 Acceptance and Rejection of the Bids ............................................................................ 25

4 BID OPENING AND EVALUATION PROCESS ................................................................... 26


4.1 Compliance as per Public Procurement Order dated 23rd July 2020 ......................................... 26
4.2 Stage I - Pre- Qualification Bid Evaluation ....................................................................... 28
4.3 Stage II - Technical Bid Evaluation ................................................................................ 29
4.3.1 Technical Evaluation Framework ............................................................................... 29
4.4 Stage III - Financial Bid Evaluation ................................................................................ 32
4.5 Final Score – QCBS ................................................................................................... 32

5 DECLARATION OF RESULTS AND AWARD OF CONTRACT ................................................... 34


5.1 Award of Contract / Work Order .................................................................................. 34
5.1.1 Notification and Contract Signing .............................................................................. 34
5.1.2 Performance Security ............................................................................................ 34
5.2 Invoicing and Payment .............................................................................................. 35
5.3 Sign- off and Acceptance Criteria ................................................................................. 35
5.4 Extension of Contract ............................................................................................... 35
5.5 Risk Purchase ......................................................................................................... 35

6 SERVICE LEVEL AGREEMENT ................................................................................... 36


6.1 Service Level Parameters - Definition of Terms ................................................................. 36
6.2 Service Level for Implementation Phases ........................................................................ 36
6.3 Service Level for O&M Phase ....................................................................................... 37
6.4 SLA Calculation ....................................................................................................... 46
6.5 Other Penalties....................................................................................................... 46

7 ANNEXURE ....................................................................................................... 48
7.1 Annexure 1: Pre- Bid Query Format ............................................................................... 48
7.2 Annexure 2: EMD/Performance Security Format ................................................................ 49
7.3 Annexure 3 : Pre- Qualification Proposal Covering Letter ..................................................... 51
7.4 Annexure 4 – Format of Financial Bid ............................................................................. 53
7.4.1 Form 1: Commercial Bid Letter ................................................................................. 54
7.4.2 Form 2: Commercial Bid Format ................................................................................ 56
7.5 Annexure 5: Format for Declaration of Non Blacklisted ........................................................ 60
7.6 Annexure 6: Check-list for the documents to be included in the Pre-Qualification ........................ 61
7.7 Annexure 7: Format to share Project Citation/Case study .................................................... 62
7.8 Annexure 8: Format for CVs ........................................................................................ 63
7.9 Annexure 9: Format for Authorization Letters from OEMs ..................................................... 65
7.10 Annexure 10: Roles and responsibilities .......................................................................... 66
7.11 Annexure 11: No Deviation Certificate ........................................................................... 67

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

7.12 Annexure 12: Total Responsibility Declaration .................................................................. 68


7.13 Annexure 13: Non-Disclosure Agreement ......................................................................... 69
7.14 Annexure 14: Integrity Pact ........................................................................................ 71
7.15 Annexure 15: Technical Bid Covering Letter ..................................................................... 74
7.16 Annexure 16: Technical Bid Requirement ........................................................................ 77
7.17 Annexure 17: Conflict of Interest .................................................................................. 78
7.18 Annexure 18: Self-Declaration - Compliance as per Public Procurement Order dated 23rd July 2020 .. 79

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Disclaimer

The information contained in this Request for Proposal (hereinafter referred to as "RFP") document is published
for the interested Bidders, by the NITI Aayog, Government of India (hereinafter referred to as "NITI Aayog").

The purpose of this RFP document is to provide the interested Bidder(s) with required information to assist in the
formulation of their Proposals. Due care and caution have been taken in compilation and processing of data and
content, but does not guarantee the accuracy, reasonableness, or completeness of, or for any errors, omissions,
or misstatements, negligent or otherwise, relating to the project, or makes any representation or warranty,
expressed or implied, in relation to the information furnished in the RFP document. This document is not intended
to be utilized or relied upon by any person or organization other than the interested bidders or the NITI Aayog.

The complete Request for Proposal (RFP) for selection of a Managed Service Provider (MSP), for Design,
Development, implement and Operate NGO Darpan 2.0, is divided into 3 parts, as mentioned below:

1. RFP Volume 1 consists of Notice Inviting Tender (NIT), Bidding guidelines, Instructions to Bidders,
General and Special Terms, as well as all related Bidding guidelines, Evaluation criteria, Formats for bid
response etc.
2. RFP Volume 2 consists of detailed Scope or Work, Solution Framework, Functional and Technical
requirements, Processes and Operational requirements, as well as all requirements related to NGO
Darpan 2.0 project.
3. RFP Volume 3 consists Draft Master Service Agreement (MSA)/ contract related to NGO Darpan 2.0
project.
This is the First volume i.e., RFP Volume 1 as stated above, and the subsequent sections and chapters of this RFP
elaborates in scope as well as related project requirements. For other aspects, please refer to Volume 2 and
Volume 3 of the RFP.

This RFP document does not aim to hold all the information each Bidder may require. This RFP document may not
be appropriate for all persons and firms, and it is not possible for the NITI Aayog, their employees or advisors to
consider the business or investment objectives, financial situation and particular needs of each Bidder who reads
or uses this RFP document. Each Bidder should conduct their own investigations and analysis. They should check
the accuracy, reliability, and completeness of the information in this RFP document and where necessary obtain
independent advice from appropriate sources. The NITI Aayog, their employees and advisors make no
representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the
accuracy, reliability or completeness of the RFP document. The NITI Aayog also accepts no liability of any nature
whether resulting from negligence or otherwise howsoever caused arising from reliance of any Bidder upon the
statements contained in the RFP Documents.

The information provided in the RFP Document is on a wide range of matters, some of which may depend upon
interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements
and should not be regarded as a complete or authoritative statement of law. The NITI Aayog accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein.

The issue of these Tender Documents does not imply that the NITI Aayog, Government of India, is bound to select
a Bidder, or to appoint a Service Provider for the Project. Further the NITI Aayog reserves the right to reject all
or any of the Bidders, or Bids without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including
but not limited to preparation, copying, postage, delivery fees, uploading, expenses associated with any
demonstrations or presentations which may be required by the NITI Aayog, or any other costs incurred in
connection with or relating to this RFP. All such costs and expenses will remain the sole responsibility of the Bidder
and the NITI Aayog, shall not be liable in any manner whatsoever for the same or for any other costs or other
expenses incurred by any Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of
the Selection process.

The NITI Aayog, may, in its absolute discretion, but without being under any obligation and without assigning any
reason whatsoever, update, amend or supplement the information in this RFP document.

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

List of Abbreviation

# Abbreviation Description

1. AMS Alert Management System

2. ASFA Additional Secretary & Financial Advisor

3. ASO Assistant Section Officer

4. BI Business Intelligence

5. COTS Commercial off the Shelf

6. CPGRAMS Centralized Public Grievance Redress and Monitoring System

7. CPSE Central Public Sector Undertaking

8. CSO Civil Society Organisation

9. CSP Cloud Service Provider

10. CSR Corporate Social Responsibility

11. DA District Attorney

12. DCPC Department of Chemicals and Petro-Chemicals

13. DDO Drawing & Disbursing Officer

14. DSW District Social Welfare

15. EAT Expenditure-Advance-Transfer

16. EOI Expression of Interest

17. e-PMS Electronic Project Management System

18. FACS Fraud and Compliance Management System

19. FAQ Frequently Asked Questions

20. FCRA Foreign Contribution Regulatory Act

21. FCRA Foreign Contribution Regulation Act

22. GFR General Financial Rules

23. GIA Grants in Aid

24. GMS Grants Management System

25. IFD Integrated Finance Division

26. IRCA International Register of Certificated Auditors

27. JS Joint Secretary

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

# Abbreviation Description

28. JS Joint Secretary

29. KVIC Khadi and Village Industries Commission

30. KVS Kendriya Vidyalaya Sangathan

31. LGBTQ Lesbian Gay Bisexual Transgender Queer

32. LLP Limited Liability Partnership

33. Meity Ministry of Electronics and Information Technology

34. MIS Management Information System

35. MOES Ministry of Earth Sciences

36. MoHUA Ministry of Housing & Urban Affairs

37. MoWCD Ministry of Women & Child Development

38. NCERT National Council of Educational Research and Training

39. NGO Non-Governmental Organisation

40. NIC National Informatics Centre

41. NITI National Institute for Transforming India

42. NSDL National Securities Depository Limited

43. NSIC National Small Industries Corporation

44. OBC Other Backward Classes

45. OTP One time password

46. PAC Project Appraisal Committee

47. PAMC Project Approval & Monitoring Committee

48. PAN Personal Account Number

49. PAO Pay and accounts officer

50. PERC Project Evaluation & Review Committee

51. PFMS Public Fund Management System

52. PI Principal Investigator

53. PIA Project Implementing Agency

54. PMU Project Monitoring Unit

55. PSC Project Screening Committee

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

# Abbreviation Description

56. PSE Public Sector Undertaking

57. SC Scheduled Caste

58. SCERT State Council of Educational Research and Training

59. SERB Science and Engineering Research Board

60. SLCA State Level Coordinating Agency

61. SO Section Officer

62. SOP Standard Operating Procedure

63. SSAG Standing Scientific Advisory Group

64. ST Scheduled Tribe

65. TOR Terms of Reference

66. UC Utilization Certificate

67. UGC University Grants Commission

68. US Under Secretary

69. UT Union Territory

70. VO Voluntary Organisation

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

1 DATA SHEET
The key facts / data is provided below. Please refer to the relevant sections of this RFP for further details and
compliance requirements:

Data / Fact Sheet

1. Issuer NITI Aayog, Government of India

Sh. R. N Mundhe, SRO, VAC, NITI Aayog

Contact Details / Address for Email: [email protected]


2.
Correspondence Room No: 321-5, NITI Aayog
011-23042718

Quality and Cost based selection (QCBS)


3. Method of Selection • Weight assigned to technical proposal = 70%
• Weight assigned to financial proposal = 30%

Date of Publication of Notice Inviting


4. 5th May 2022
Tender (NIT)

5. Date of issue of RFP Document 5th May 2022

No-Tender Fees
6. Tender Fees
Please refer the details in NIT.

INR 5,00,000/- (Rupees Five Lakhs only) in form of


Insurance Security Bonds, an Account Payee Demand
7. Earnest Money Deposit (EMD) Draft, or Bank Guarantee from a Commercial Bank. Please
refer the Bank Guarantee Format provided in Annexure 2
of this RFP.

23rd May 2022 till 5:00 PM


Last date and Time of submission of Pre-
8. Query must be sent in both editable (Excel File) and PDF,
Bid Queries
via email

9. Pre-Bid Meeting 30th May 2022

Publication of Pre-Bid Query Responses and


10. 6th June 2022
Corrigendum / Addendum as required

11. Last Date of Issuance of RFP 5th July 2022 at 5:00 PM

12. Last Date and Time for Submission of Bids 5th July 2022 at 5:00 PM

13. Date and Time of opening of Bids 6th July 2022 at 5:00 PM

14. e-procurement portal link https://eprocure.gov.in/eprocure/app


Note: For the procurement process, the bidders should follow the procedure described on e-Tendering website.
For further details about the e-Tendering procedure and its requirements, refer manual available on e-Tendering
website.

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

2 GENERAL INSTRUCTION TO THE BIDDERS


1. While every effort has been made to provide comprehensive and accurate background information,
requirements, and specifications, Bidders must form their own conclusions about the scope and solution
needed to meet the requirements.
2. All information supplied by Bidders may be treated as contractually binding on the Bidders, on successful
award of the assignment by NITI Aayog, Government of India on the basis of this RFP.
3. No commitment of any kind, contractual or otherwise shall exist unless and until a formal written contract
has been executed by or on behalf of the NITI Aayog. Any notification of preferred bidder status by the
NITI Aayog shall not give rise to any enforceable rights by the Bidder. The NITI Aayog may cancel this
public procurement at any time prior to a formal written contract being executed.
2.1 Definitions of Terms
Please refer section below covering the definitions of terms.

2.2 Eligible Bidders


“Eligible Bidder” means bidder satisfying qualifying criteria. Bids may be submitted by individual Service Providers
/ Firms / Other Institutions with prior experience in areas of application development and analytics, fulfilling the
eligibility and technical evaluation criteria as specified in this Tender document. Only one bid per Bidder will be
allowed, clearly stating the compliance and details of each scope element, approach and methodology including
adequate resources and support, as per stated scope of this project.

2.2.1. Other Definition and Terms

Term Meaning

Adverse Effect means material adverse effect on


(a) the ability of the Managed Service Provider (MSP) to exercise any of its rights
or perform/discharge any of its duties/obligations under and in accordance with
the provisions of this Agreement and/or
(b) the legal validity, binding nature or enforceability of this Agreement;

Agreement means this Master Services Agreement, Service Level Agreement and Non-
Disclosure Agreement together with all Articles, Annexures, Schedules, the
contents and specifications of the RFP;

Applicable Law(s) means any statute, law, ordinance, notification, rule, regulation, judgment,
order, decree, bye-law, approval, directive, guideline, policy, requirement or
other governmental restriction or any similar form of decision applicable to the
relevant party and as may be in effect on the date of the execution of this
Agreement and during the subsistence thereof, applicable to the Project;

Assets shall have the same meaning ascribed to it in Clause 10 of "RFP Volume 3 – Master
Service Agreement"

Authority Data means all proprietary data of the department or its nominated agencies
generated out of operations and transactions, documents all taxpayers data and
related information including but not restricted to user data which the Managed
Service Provider (MSP) obtains, possesses or processes in the context of providing
the Services to the users pursuant to this Agreement;

Bespoke Development Bespoke development means development of custom-built software for some
specific organization.

Bidder refers to “Sole Bidder”. The term Bidder means the bidding entity participating
in the tender as individual firm

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Term Meaning

Business Hours shall mean the working time for Authority users which is 9:30 AM to 6:30 PM.
Again for Web Server and other components which enable successful usage of
web portals of Authority the working time should be considered as 24 hours for
all the days of the week. It is desired that IT maintenance, other batch processes
(like backup) etc. should be planned so that such backend activities have
minimum effect on the performance.

Certificate(s) of shall have the same meaning ascribed to it in Clause 5.4. of "RFP_Volume 3 –
Compliance Master Service Agreement"

Confidential Information means all information including Authority Data (whether in written, oral,
electronic or other format) which relates to the technical, financial and business
affairs, dealers, suppliers, products, developments, operations, processes, data,
trade secrets, design rights, know-how, plans, budgets and personnel of each
Party and its affiliates which is disclosed to or otherwise learned by the other
Party in the course of or in connection with this Agreement (including without
limitation such information received during location visits and meetings in
connection with this Agreement);
All such information in whatever form or mode of transmission, which is disclosed
by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in
connection with the Project during its implementation and which has been
explicitly marked as “confidential”, or when disclosed orally, has been identified
as confidential at the time of disclosure and has been confirmed and designated
in writing within <15 days> from oral disclosure at the latest as confidential
information by the Disclosing Party, is “Confidential Information”.

Contract / Agreement means an agreement entered into by the NITI Aayog with the successful Bidder by
signing a contract form in a given format by the parties, including all the
attachments and appendices thereto, and all documents incorporated by
reference therein

Control means, in relation to any business entity, the power of a person to secure
i. by means of the holding of shares or the possession of voting power in or in
relation to that or any other business entity, or
ii. by virtue of any powers conferred by the articles of association or other
document regulating that or any other business entity, that the affairs of the
first mentioned business entity are conducted in accordance with that person’s
wishes and in relation to a partnership, means the right to a share of more than
one half of the assets, or of more than one half of the income, of the
partnership.

Deliverables Means the products, infrastructure and services agreed to be delivered by the
Managed Service Provider (MSP) in pursuance of the agreement as defined more
elaborately in all the volumes of RFP, Implementation and the Maintenance
phases and includes all documents related to the user manual, technical manual,
design, process and operating manuals, service mechanisms, policies and
guidelines (such as security related, data migration related), inter alia payment
and/or process related etc., source code and all its modifications;

Department/ Purchaser/ means NITI Aayog


Authority

Effective Date shall have the same meaning ascribed to it in Clause 3 of "RFP_Volume 3 – Master
Service Agreement"

e-Tendering means the electronic tendering system - https://eprocure.gov.in/eprocure/app

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Term Meaning

Final Acceptance As defined in Section 8 of RFP Volume 2

Final Testing and shall have the same meaning ascribed to it in Clause 5.4 of of "RFP_Volume 3 –
Certification Agency Master Service Agreement"

Force Majeure shall have the same meaning ascribed to it in Clause 16.1 of of "RFP_Volume 3 –
Master Service Agreement"

Force Majeure Costs shall have the same meaning ascribed to it in Clause 16.4 (b) of "RFP_Volume 3 –
Master Service Agreement"

GoI means the Government of India;

Go-Live As defined in Section 9 of RFP Volume 2

Indemnified Party shall have the same meaning ascribed to it in Clause 15.1 of "RFP_Volume 3 –
Master Service Agreement"

Indemnifying Party shall have the same meaning ascribed to it in Clause 15.1 of "RFP_Volume 3 –
Master Service Agreement"

Insurance Cover Standard forms of comprehensive insurance policy including liability insurance,
system and facility insurance and any other insurance for the personnel, Assets,
data, software, etc

Intellectual Property means all rights in written designs and copyrights, moral rights, rights in
Rights databases and Bespoke Software / Pre-existing work including its up- gradation
systems and compilation rights (whether or not any of these are registered and
including application for registration);

Material Breach means a breach by either Party (Authority or Managed Service Provider (MSP)) of
any of its obligations under this Agreement which has or is likely to have an
Adverse Effect on the Project which such Party shall have failed to cure;

MSP means the successful bidder (Managed Service Provider) with whom the
Department will enter into contract against this Tender

Network refers to all the IT assets installed by the Managed Service Provider (MSP) as part
of the Project for networking;

Network Uptime Network Uptime refers to network availability between Authority’s Head
Quarters to Data center. “%Uptime” means ratio of ‘up time’ (in minutes) in a
month to Total time in the month (in minutes) multiplied by 100;

Non-compliance means failure/refusal to comply the terms and conditions of the Tender document

Non-responsive means failure to furnish complete information in a given format and manner
required as per the Tender document or non-submission of tender offer in given
Forms / Pro-forma or not following procedure mentioned in this Tender
document or any of required details or documents is missing or not clear or not
submitted in the prescribed format or non-submission of EMD as applicable

OEM means the Original Equipment Manufacturer of any equipment / system /


software / product which are being provided to the Department under the scope
of this Tender document

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Term Meaning

Parties means Authority and Managed Service Provider (MSP) for the purposes of this
Agreement and “Party” shall be interpreted; accordingly,

Performance Security Means the guarantee provided by a Commercial Bank in favour of the Managed
Service Provider (MSP). The amount of Performance Security shall be 3% of the
overall cost of the project. This performance security shall be valid till six
months after the completion of the project as per RFP;

Planned Application means the unavailability of the application services due to maintenance activities
Downtime such as configuration changes, upgradation or changes to any supporting
infrastructure wherein prior intimation (at least two working days in advance) of
such planned outage shall be given and approval sought from the Authority as
applicable;

Planned Network Outage means the unavailability of the network services due to infrastructure
maintenance activities such as configuration changes, upgradation or changes to
any supporting infrastructure. Prior intimation of such planned outage shall be
given and approval sought from the Authority as applicable and shall be notified
at least two working days;

Project Project Implementation (roll out) and Maintenance in terms of the Agreement;

Project Implementation means Project Implementation as per the testing standards and acceptance
criteria prescribed by Authority or its nominated agencies;

Project Implementation shall be from the Effective Date of the Agreement to the date of final
Phase acceptance testing & certification as set out in Clause 5.4 of "RFP_Volume 3 –
Master Service Agreement"

Project Implementation shall be constituted by Authority to monitor the activities, deliverables and
Unit (PIU) progress of the Project. PIU will comprise of the staff members of the Authority,
other officials from concerned department and external experts (as defined in
the RFP);

Project Timelines shall have the same meaning ascribed to in Annexure C of "RFP_Volume 3 –
Master Service Agreement"

Proprietary Information shall have the same meaning ascribed to it in Clause 19 of "RFP_Volume 3 –
Master Service Agreement"

Providing Party shall have the same meaning ascribed to it in Clause 12.5 of "RFP_Volume 3 –
Master Service Agreement"

Receiving Party shall have the same meaning ascribed to it in Clause 12.5 of "RFP_Volume 3 –
Master Service Agreement"

Replacement means any third party that Authority or its nominated agencies appoint to
Implementation Agency replace Implementation Agency upon expiry of the Term or termination of this
Agreement to undertake the Services or part thereof;

Required Consents means the consents, waivers, clearances and licenses to use Authority's
Intellectual Property Rights, rights and other authorizations as may be required
to be obtained for the software and other items that Authority or their
nominated agencies are required to make available to Implementation Agency
pursuant to this Agreement;

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Term Meaning

Required Deliverables shall have the same meaning ascribed to it in Annexure C of "RFP_Volume 3 –
Master Service Agreement"

Scope means all Solution components, IT Infrastructure, Services, Manpower, Devices


and Equipment’s to be provided as per the requirement mentioned in the Tender
document or the work to be performed by the bidder pursuant to this Tender
including other material / items which MSP is required to supply, install and
maintain under the contract.

Service Level means the level of service and other performance criteria which will apply to the
Services delivered by the Managed Service Provider (MSP);

Services means the services delivered to the Stakeholders of Authority or its nominated
agencies, employees of Authority or its nominated agencies, and to professionals,
using the tangible and intangible assets created, procured, installed, managed
and operated by the Managed Service Provider (MSP) including the tools of
information and communications technology and includes but is not limited to
the list of services specified in Annexure B of "RFP_Volume 3 – Master Service
Agreement"

SLA means the Performance and Maintenance SLA executed as part of this Master
Service Agreement;

Software means the software/ application designed, developed / customized, tested and
deployed by the Managed Service Provider (MSP) for the purposes of the Project
and includes the source code (in case of Bespoke development) along with
associated documentation, which is the work product of the development efforts
involved in the Project and the improvements and enhancements effected during
the term of the Project, but does not include the third party software products
(including the COTS products used for the product), proprietary software
components and tools deployed by the Managed Service Provider (MSP);

Software / Application means the time for which user/s is not able to access the application. However,
Downtime in calculating downtime, scheduled downtime (for example, backup time, batch
processing time, routine maintenance time) would not be considered;

Stakeholders means the Authority or its nominated agencies, Authority, employees and the
Departments of State Government;

Tender / RFP means the three volumes of RFP document for selection of MSP, including all
Annexures & Schedules

Term shall have the same meaning ascribed to it in Clause 3 of "RFP_Volume 3 – Master
Service Agreement"

The Contract Price means the total amount payable to the MSP under the contract for the full and
proper performance of its contractual obligations as mentioned in the Tender
document

Third Party Systems means systems (or any part thereof) in which the Intellectual Property Rights are
not owned by the Authority or Managed Service Provider (MSP) and to which
Managed Service Provider (MSP) has been granted a license to use and which are
used in the provision of Services;

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2.3 Compliant Proposal/Completeness of Response


Bidders are advised to carefully study and examine all instructions, forms, terms, requirements, scope, service
levels, and other information specified in the Tender document. If bidder has any doubts/clarification as to the
meaning of any Condition / Term / Requirement, he shall, before the last date of submission of Pre-Bid queries,
set forth and submit them to Department in writing in order that such doubt may be removed or clarified as
required.

The bidders are free to conduct their own survey and assessment of the ground situation and submit their proposal
accordingly. Submission of the bid shall be deemed to have been done after careful study and examination of
Tender document with full understanding of its implications. Failure to comply with the requirements of this
paragraph may render the bid non-compliant and the bid may be rejected. Bidder should:

1. Include all documentation / supporting evidence specified in this Tender, as part of their proposal
2. Comply with all requirements as set out within this Tender
3. Access and investigate local conditions and other conditions prevailing and consider while submitting the
bid response
2.4 Submission of Undertakings, Certificates, Declarations, NDA, Pacts as per RFP
It is a mandatory requirement for all bidders to submit all the undertakings, certificates, declarations, NDAs,
pacts, cover letters, bank guarantee, EMD etc. as given in this RFP only in the prescribed format duly signed by
the authorized persons with company seals as per the given guidelines.

Any deviation and non-compliance of the above requirement will result in straight away rejection of the bid
submitted by Bidders.

2.5 Conditions under which this RFP


1. This RFP is not an offer and is issued with no commitment. NITI Aayog reserves the right to withdraw the
RFP and change or vary any part thereof at any stage. NITI Aayog also reserves the right to disqualify any
bidder should it be so necessary at any stage during the bidding process.
2. Timing and sequence of events resulting from this RFP shall ultimately be determined by the NITI Aayog.
3. Neither the bidder nor any of the bidder’s representatives shall have any claims whatsoever against NITI
Aayog or any of their respective officials, agents, or employees arising out of or relating to this RFP or
these procedures (other than those arising under a definitive service agreement with the bidder in
accordance with the terms thereof).
4. Until the contract is awarded and during the currency of the contract, bidders shall not, directly or
indirectly, solicit any employee of NITI Aayog or any other officials involved in this RFP process in order to
accept employment with the bidder, or any person acting in concert with the bidder, without prior written
approval of the NITI Aayog.
2.6 Right to Terminate the Process
NITI Aayog makes no commitments, explicit or implicit, that this process will result in a business transaction with
anyone. Further, this RFP does not constitute an offer by the NITI Aayog. The bidder’s participation in this process
may result in NITI Aayog selecting a bidder to engage in further discussions towards execution of a contract. The
commencement of such discussions does not, however, signify a commitment by the NITI Aayog to execute a
contract.

2.7 Generic guidelines for Online Bidding process


Bidder should do ‘Online Enrolment’ on the e-Procurement portal using the option to enrol available on the Home
Page. Then the Digital Signature enrolment has to be done with the e-token, after logging into the portal. The e-
token may be obtained from one of the authorized Certifying Authorities.

1. The BOQ / Financial template must not be modified / replaced by the bidder and the same should be
uploaded after filling the relevant columns, else the bidder is liable to be rejected.
2. Bidder should arrange for the EMD as specified in the Tender document.

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3. At the time of freezing the bid, the eProcurement system will give a successful bid updation message after
uploading all the bid documents are submitted and then a bid summary will be shown with the bid no.,
date & time of submission of the bid with all other relevant details. The documents submitted by the
bidders should be digitally signed using the e-token of the bidder and then submitted.
4. After the bid submission, the bid summary should be printed and kept as an acknowledgement as a token
of the submission of the bid. The bid summary will act as a proof of bid submission and will also act as an
evidence to resolve any dispute arising out of bid submission process.
5. The bidder should ensure that the bid documents submitted should be free from virus / trojans and if the
documents could not be opened, due to files being corrupted, during tender opening, the bid is liable to
be rejected.
6. The details of the Earnest Money Deposit (EMD) submitted physically to the Department and the scanned
copies furnished at the time of bid submission online should be the same otherwise the Bid will be
summarily rejected.
7. All the data being entered by the bidders would be encrypted at the client end, and the software uses PKI
encryption techniques to ensure the secrecy of the data. The data entered will not be viewable by
unauthorized persons during bid submission and not viewable by any one until the time of bid opening.
Overall, the submitted bid documents will become readable only after the tender opening by the
authorized individual(s) from the Department.

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3 INVITATION TO BIDDERS
The bids are invited for the implementation of NGO Darpan 2.0. The bidders are advised to study the Bid document
carefully. Submission of bids shall be deemed to have been done after careful study and examination of the Bid
document with full understanding of its implications.

1. A “Three stage bidding” procedure is adopted for the selection of an MSP. A bidder would be selected on
the basis of QCBS method wherein a bidder with highest composite score would be selected for the
implementation of the project.
2. Bidder (authorized signatory) shall submit their proposal / bid online in electronic formats for all three
required bid response documents (Pre-qualification bid, Technical bid and Financial bid) along with all
necessary supporting documents as specified in the Tender document and in the Annexures.
3. Earnest Money Deposit (EMD) in form of Bank Guarantee should be submitted physically at the office of
RFP issuing authority as prescribed in data sheet in the Section 1 of this document and scanned copy of
same should also be uploaded as part of the Pre-Qualification proposal.
4. NITI Aayog will not be responsible for delay in online submission due to any reason.
5. Please note that a Pre-Bid meeting of the prospective bidders, will be scheduled as per the details
specified in the data sheet. The objective of this meeting will be to address the queries of the prospective
bidders related to the Project and / or any aspect mentioned in the Tender document.
6. No contractual obligation whatsoever shall arise from the RFP / Bidding process unless and until a formal
contract is signed and executed between the NITI Aayog and the MSP.
3.1 Procurement of RFP
The Notice inviting Tender (NIT) and all other relevant information can be downloaded from the
https://eprocure.gov.in/eprocure/app. There is no tender fee requirement for procurement of RFP.

3.2 Pre- Bid Queries


1. Bidders requiring any clarification on the Tender may send their queries to Department in writing through
email, on or before the date and time mentioned in Data Sheet of this Tender document. The subject shall
clearly bear the following identification / subject line and must be sent to the email id specified in the
Data Sheet of this Tender document -
“Pre-Bid Queries NGO Darpan2.0 - <<Name of the Firm>>”.
2. The format for pre-bid queries is provided in Annexure 1 of this Tender document. The pre-bid queries
must adhere to the format provided and must be sent in PDF as well as editable format to the specified
email ID. Any means of communication, other that the specified format and email will not be entertained,
and the Department will not be liable in any manner to respond to any such queries.
3.3 Pre- Bid Meeting
A pre-Bid meeting shall be organized on the date, time and venue as specified in “Section 1 - Data Sheet” of this
Tender document. The NITI Aayog shall formally respond to the pre-bid queries after the pre-bid meeting. No
further clarifications shall be entertained after the due date and time of submission of queries.

3.4 Responses to Pre- Bid Queries


1. NITI Aayog shall endeavour to provide timely response to all queries. However, NITI Aayog makes no
representation of warranty as to completeness or accuracy of any response made in good faith.
2. NITI Aayog reserves the right not to respond to any questions or provide any clarifications, in its sole
discretion, and nothing in this Tender shall be construed as obliging for the NITI Aayog to respond to any
question or to provide any clarification, as the case maybe.
3. Any modifications in the Tender, which may become necessary as a result of the Pre-Bid meeting/Queries,
shall be made by NITI Aayog exclusively through a corrigendum / addendum. Any such corrigendum /
addendum shall be deemed to be incorporated in this Tender. However, in case of any such amendment,
the bid submission date may be extended but at the sole discretion of the Department.

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4. Notification related to any Corrigendum / Addendum subsequent to issue of this Tender, will only be
available / hosted on the website as mentioned in the data sheet. Corrigendum/ Addendum will be share
with all those prospective bidders who have got the tender document from NITI, post signing of NDA.
3.5 Supplementary Information/ Corrigendum / Amendment to the RFP
If Department deems it appropriate to revise any part of this RFP or to issue additional data to clarify an
interpretation of the provisions of this RFP, it may issue supplements/corrigendum to this RFP. Such supplemental
information will be made available on e-procurement portal. Any such supplement shall be deemed to be
incorporated by this reference into this RFP.

It will be the responsibility of the prospective bidder(s) to check the e-procurement portal from time to time for
any intimation for amendment in the Tender document. Department will mail to all prospective bidders who have
received RFP document from Department post submission of NDA. In case of failure to get the amendments, if
any, department shall not be responsible in any manner.

3.6 Preparation and Submission of the Bids


The three (3) bids evaluation system shall be followed for this Tender. Pre-Qualification, Technical and Financial
proposal should be uploaded separately on the e - Procurement portal.

1. All documents should be uploaded on the e - Procurement portal


(https://eprocure.gov.in/eprocure/app).
2. Prices should NOT be indicated in the Pre-Qualification Bid or Technical Bid but should only be indicated
in the Financial Bid. Price if quoted elsewhere, shall result in rejection of the entire bid.
3. All the pages of the bid should be sequentially numbered. The bid documents should contain in the
beginning of the document, a list of contents with page numbers. Any deficiency in the documentation
may result in the rejection of the entire bid.
4. The department will not be under any obligation to accept delivery of bid by fax, e-mail or in-person i.e.
hard copy.
3.7 Bid Preparation Cost
The Bidder shall be responsible for all costs incurred in connection with participation in the Tendering process,
including, but not limited to, costs incurred in conduct of informative and other diligence activities, participation
in meetings / discussions / presentations, preparation of proposal, in providing any additional information required
by the department to facilitate the evaluation process, and during discussing a definitive contract or all such
activities related to the bid process.

The NITI Aayog will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the
bidding process.

3.8 Language
The Proposal with all accompanying documents and all communications in relation to or concerning the Bid Process
shall be in English language and strictly as per the forms / formats provided in this Tender document. No supporting
document or printed literature shall be submitted with the proposal unless specifically asked for, and in case any
of these Documents is in another language, it must be accompanied by an accurate translation of the relevant
passages in English, in which case, for all purposes of interpretation of the proposal, the translation in English
shall prevail.

3.9 Bid Currencies


All prices shall be quoted in Indian Rupees (INR).

3.10 Earnest Money Deposit ( EMD)


Bidders shall submit, along with their proposals, Bid Security (EMD) as per the details mentioned in the data sheet.
Bid security in any other form will not be entertained. The format for submitting EMD in form of Bank Guarantee
is provided in Annexure 2 of this Tender document. The Bid Security / EMD must remain valid for a period of forty-
five (45) days beyond the Bid validity period i.e. 90 Days plus 45 Days.

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If required, the Department may ask for extension of validity period, and all bidders will be required to submit a
written declaration of extension of EMD validity period as decided by the Department, within the specified period,
else their bids will be rejected.

For Unsuccessful bidders: The bid security of all unsuccessful bidders would be returned / refunded without
interest by the department within 30 working days after award of contract in all respects by the successful bidder.
Bid securities of unsuccessful bidders during the first stage i.e., technical evaluations will be returned within 30
days of declaration of result of first stage i.e., technical evaluation.

For Successful bidders: The bid security, for the amount mentioned in this Tender document, of successful bidder
would be returned without interest upon submission of Performance Security by the successful bidder, within 15
working days of declaration of results or issuance of Work Order / Letter of Intent, as the case may be.

In case bid response is submitted without the EMD, the department reserves the right to reject the bid without
providing opportunity for any further correspondence to the bidder concerned.

The EMD may be forfeited by the department:

1. If a bidder withdraws its bid during the period of bid validity.


2. If the Bidder amends its Bid after submission.
3. If the Bidder does not respond to requests for clarification of its Proposal.
4. If the Bidder fails to provide required information during the evaluation process or is found to be non-
responsive.
5. If the successful bidder fails to submit the Performance Security within 15 working days of declaration of
results and issuance of Work Order / LOI
6. In case of a successful bidder, if the bidder fails to sign the contract in accordance with this Tender within
30 working days of declaration of results issuance of Work Order / LOI.

3.11 Verification of Bank Guarantee


Bank Guarantees submitted by the bidders as EMD / Performance Securities will be immediately verified from the
issuing bank before acceptance. There may not be any need to get the Bank Guarantee vetted from legal / finance
authority if it’s in the specified format.

3.12 Components of the e- Bid


1. Pre-qualification / Eligibility Bid
2. Technical Bid
3. Financial Bid
3.13 Contents of Pre - Qualification / Eligibility Bid
The contents of the Pre-Qualification / Eligibility Bid shall be uploaded as per file format defined on the e-
procurement portal, in following 2 parts:

1. Scanned copy of the EMD in form of Bank Guarantee shall be uploaded at the ‘EMD section’ of the e-
procurement portal. The original EMD shall be summitted at the office of Tender issuing Authority.
2. Pre-Qualification / Eligibility Bid in PDF format – The Pre-Qualification bid shall cover documentary
evidence for all the criteria mentioned in this Tender document, along with the Pre- Qualification Bid
Covering Letter, as per format given in Annexure 4 and Pre-Qualification Checklist given in Annexure 7.
The PDF format of the bid shall be uploaded at the ‘Pre-Qualification section’ of the e-procurement portal.
3. All the Annexures and Supporting documents should be clearly referenced, with page and section number.
Pre-qualification Bid must include the below supporting signed and stamped documents, but not limited
to:
a. Self-declaration by Bidder for not being Blacklisted (Annexure 5)
b. Authorization letters to be issued by OEMs (Annexure 9)

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c. Roles and Responsibilities of MSP (Annexure 10)


d. No Deviation Certificate (Annexure 11)
e. Declaration of Total Responsibility (Annexure 12)
f. Non-Disclosure Agreement (Annexure 13)
g. Integrity Pact (Annexure 14)
4. The "Bidder" as used in the Tender document shall mean the one who has signed the Bid Form. The Bidder
may be either the Principal Officer or his duly Authorized Representative, in either case he/she shall
submit a Certificate of Authority / Power of Attorney.
5. All certificates and documents (including any clarifications sought and any subsequent correspondences)
received hereby, shall, as far as possible, be furnished and signed by either the Principal Officer or his
duly Authorized Representative.
6. The authorization shall be indicated by written Power of Attorney accompanying the Pre- qualification
bid.
Please refer Section 4.2 of this Tender document for details on the Pre-Qualification / Eligibility criteria. The
bidder shall be required to provide a checklist of compliance to all the eligibility criteria along with proper
references of documentary evidence as required.

3.14 Contents of Technical Bid


The contents of the Technical Bid (single document in PDF format) shall need to be uploaded as per the format
defined on the e-procurement portal. Following are key contents of the bid, but not limited to:

1. Technical Bid Covering Letter (as per format given in Annexure 15)
2. Technical Bid criteria checklist (as per format given in Annexure 16)
3. Executive Summary
4. Technical Bid – Details against each criterion mentioned in this Tender document for Technical evaluation,
in the same sequence as mentioned in the RFP volume 1, with all required details and justifications
The PDF format of the Technical bid covering all the above 4 points shall need to be uploaded at the ‘Technical
section’ of the e-procurement portal. Please refer Section 4.3 of this Tender document for details on the Technical
evaluation criteria.

Additional considerations for Technical Bid:

a) The proposal shall be detailed with proper references and evidence for each aspect of the Scope. No
marketing material or brochures should be included as part of the Technical Bid. Failure to comply with
the requirements spelt out in this clause shall make the proposal liable to be rejected
b) All the Annexures and Supporting documents should be clearly referenced, with page and section number.
Technical Bid must include the following, but not limited to:
a. Solution features and functionalities in compliance with RFP scope
b. Solution architecture and technical details in compliance with RFP scope
c. Past Experience in specified format
d. Profile of Proposed Key Staff in specified format
e. Any other details or documentary evidence as required under the conditions specified in this RFP
c) Technical Proposal must include precise details on areas such as proposed Solution architecture, Security
architecture and Integration architecture, along with all functional and technical acceptance criteria of
the proposed solution, Implementation Plan, Change Management, Capacity Building, Training etc. as per
Technical Proposal Requirements given in Annexure 16.
d) The Technical Proposal must not include any financial information, or any marketing material / brochures,
etc. else the proposal will be automatically rejected.

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e) The department reserves the right to verify all statements, information and documents, submitted by the
bidder in response to the Tender. Any such verification or lack of it by the department shall not relieve
the bidder of its obligations or liabilities hereunder nor will it affect any rights of department thereunder.
In case it is found during the evaluation or at any time before signing of the Contract Agreement or after its
execution and during the period of subsistence thereof, that one or more of the eligibility conditions have not
been met by the bidder or the bidder has made material misrepresentation or has given any materially incorrect
or false information, the bidder shall be disqualified forthwith if not yet appointed either by issue of the Letter
of Intent (LOI) or entering into of the Agreement, and if the Selected Bidder has already been issued the LOI or
has entered into the Agreement, as the case may be, the same shall, notwithstanding anything to the contrary
contained therein or in this Tender, be liable to be terminated, along with necessary action by the department,
by communication in writing, without the department being liable in any manner whatsoever to the selected
Bidder, as the case may be.

In such an event, the department shall forfeit and appropriate the Bid Security / EMD / Performance Guarantee
for a pre-estimated compensation and damages payable to the department for, inter alia, time, cost and effort
of the department, without prejudice to any other right or remedy that may be available to the department.

3.15 Contents of Financial Bid


The Bidder should submit the Financial Bid in the format specified in Annexure 4 of this Tender (Financial Quote
in the prescribed format will be available for download from the e-procurement portal) along with the Financial
Bid covering letter). The excel format of the Financial bid shall be uploaded at the ‘Financial section’ of the e-
procurement portal.

Additional considerations for Financial Bid:

1. All the line items must be clearly specified with proper value (greater than zero). Nil value for any line
item will be taken as to be provided free of cost to the Department.
2. The Bidder needs to take care in terms of defining the unit rates and total cost for each of the cost
elements. Any deviation or miscalculations would solely be responsibility of the Bidder, and in case of any
such discrepancy, the unit rates would be considered as base for rest of the calculations in Financial bids.
3. The percentage distribution of the cost elements needs to be logically justified, and any attempt by the
Bidder to unnecessary load one or more cost elements, in order to take advantage of the Tender terms,
may lead to disqualification and rejection of Bid altogether. The decision of the department in all such
matters will be final and binding on all parties.
4. The instructions provided in the Financial Bid format shall be strictly adhered to by all Bidders while
uploading their Financial Bid
5. Any attempt to influence the Financial evaluation, outside the defined process by the department, will
lead to automatic rejection of bids.
3.16 Bid Prices
1. The Bidder shall quote a price for all the components, the services of the solution to meet the
requirements of the Department as listed in the Volume I, II and III of this RFP. All the prices will be in
Indian Rupees.
2. Financial Bid shall be as per the format provided in Annexure 4. Bidder should provide all prices, quantities
as per the prescribed format. Bidder should not leave any field blank. In case the field is not applicable,
Bidder must indicate “0” (zero) in all such fields.
3. It is mandatory to provide the break-up of all components in the form of detailed Bill of Material in the
Technical Proposal. The Financial bid should include the unit price and proposed number units for each
component provided in the Financial bid format. In case of a discrepancy between the Bill of Material and
the Financial bid, the technical Bill of Material remains valid. In no circumstances shall the Financial bid
be allowed to be changed / modified.
4. It is mandatory to provide break-up of all taxes, duties and levies wherever applicable and/or payable. All
the taxes of any nature whatsoever shall be borne by the Bidder including any additional taxes/levies due
to change in tax rates.
5. The price quoted in the Financial Proposal shall be the only payment, payable by NITI Aayog to the
successful Bidder for completion of the contractual obligations by the successful Bidder under the

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Contract, subject to the terms of payment specified as in the proposed Financial bid or the one agreed
between NITI Aayog and the bidder. The price would be inclusive of all taxes, duties, charges and levies
as applicable.
6. The prices, once offered, must remain fixed and must not be subject to escalation for any reason
whatsoever within the period of the validity of the proposal and the contract. A proposal submitted with
an adjustable price quotation or conditional proposal may be rejected as non-responsive.
7. The Bidder shall indicate price in the prescribed format, the unit rates and total Bid Prices of the
equipment / services, it proposes to provide under the Contract. Prices should be shown separately for
each item as detailed in Financial formats.
8. The bidder shall prepare the bid based on details provided in the Bid documents.
9. Prices quoted in the bid must be firm and final and shall not be subject to any modifications, on any
account whatsoever.
10. The Financial bid should clearly indicate the price to be charged without any qualifications whatsoever
and should include all taxes, duties, fees, levies, works contract tax and other charges as may be
applicable in relation to the activities proposed to be carried out.
11. All quoted products (OEM products) must be supported during the tenure of contract. All Financial quotes
should include product upgrades, version patches released by the OEM, and must be supported completely
during the warranty and maintenance period, including any extensions as granted and approved by the
Department.
12. The bid amount shall be inclusive of packing, forwarding, transportation, insurance till Go Live, delivery
charges and any other charges as applicable.
13. All costs incurred due to delay of any sort, shall be borne by the Bidder.
14. Department reserves the right to ask the Bidder to submit proof of payment against any of the taxes,
duties, levies indicated within specified time frames.
15. Bidder, while quoting against this tender, must take cognizance of all concessions permissible under the
statutes including the benefit under GST, failing which it will have to bear extra cost where Bidder does
not avail concessional rates of levies like customs duty, excise duty, sales tax, etc. Department will not
take any responsibility towards this. However, Department may provide necessary assistance and
guidance, wherever possible.
16. The bidder will have to bear all Tax liability.

3.17 Authentication of Bids


The original and all copies of the bid shall be typed or written in indelible ink and signed by the Bidder or a person
duly authorized to bind the Bidder to the Contract. A letter of authorization shall be supported by a written power-
of-attorney accompanying the bid. All pages of the bid shall be initialled and stamped by the person or persons
signing the bid.

3.18 Correction of Error


In case of discrepancy between the amounts mentioned in figures and in words, the amount in words shall govern.
In case of discrepancy between the total amount and unit rates, the unit rate shall govern. The amount stated in
the proposal form, adjusted in accordance with the above procedure, shall be considered as binding, unless it
causes the overall proposal price to rise, in which case the proposal price shall govern.

3.19 Interlineations in Bid


The bid shall contain no interlineations, erasures or overwriting.

3.20 Late Bids


Late submission will not be entertained and will not be permitted by the e-Procurement Portal. The bids submitted
by telex/telegram/fax/e-mail etc. will not be considered. No correspondence will be entertained on this matter.

The department will not be responsible for any non-receipt/non-delivery of the documents due to technical snag
whatsoever at Bidder’s end. No further correspondence on the subject will be entertained.

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The department reserves the right to modify and amend any of the above-stipulated condition / criterion.

3.21 Bid Validity Period


Period of Validity of Bids: Bids shall remain valid for 90 days after date of closing date of the bid submission
prescribed by the Department. A bid valid for a shorter period may be rejected as non-responsive. However, the
prices finalized after opening the tenders shall not increase throughout the period of implementation and
operation. The prices of components can nevertheless go down due to global trend with respect to the OEM to be
determined from their list prices from time to time after applying the same discount factor as related to the prices
finalized after bid opening but before the delivery of the components to the Department.

Extension of Period of Validity: In exceptional circumstances, Department may request the Bidder(s) for an
extension of the period of validity. The request and the responses thereto shall be made in writing on company’s
letterhead, duly signed and stamped. The validity of EMD shall also be suitably extended.

3.22 Rights to Vary Scope of Contract


1. Department may at any time, by a written order given to the bidder, make changes to the scope of the
contract as specified.
2. If any such change causes an increase or decrease in the cost of or the time required for the bidder’s
performance of any part of the work under the Contract, whether changed or not changed by the order,
an equitable adjustment shall be made in the Contract Value or time schedule, or both, and the Contract
shall accordingly be amended. Any claims by the bidder for adjustment under this Clause must be asserted
within fifteen (15) working days from Department’s date of the bidder’s receipt of the change order.
3. The Department reserves the right to withdraw/revoke/cancel the whole or any part of the Bid at any
stage without assigning any reason
3.23 Rights to the Content of Proposal
All proposals and accompanying documentation of the technical proposal will become the property of the
Department and will not be returned after opening of the technical proposals. The Financial proposals that are
not opened will be returned to the bidders. Department is not restricted in its rights in any manner to use or
disclose any or all of the information contained in the proposal and can do so without compensation to the bidders.
Department shall not be bound by any language in the proposal indicating the confidentiality of the proposal or
any other restriction on its use or disclosure.

3.24 Modification and Withdrawal of Offers


The bidder may modify its bid through e-Tendering system at any time prior to submission of bids. However,
withdrawal of original offer will not be allowed. No offer can be modified by the Bidder, subsequent to the closing
date and time for submission of offers. If date of submission is extended due to some reasons, modification in
offer is possible till extended period provided bid has not been opened.

3.25 Deviations and Exclusions


Bids shall be submitted strictly in accordance with the requirements and terms & conditions of the Tender. The
Bidder shall submit a ‘No Deviation’ Certificate as per the format mentioned in Annexure 11. The bids with
deviation(s) and assumptions are liable for rejection.

3.26 Total Responsibility


Bidder should issue a statement undertaking total responsibility for the compliance to all the requirements
specified in the Tender as per the format mentioned in Annexure 12.

3.27 Bid Scope


The bidder cannot bid for a specific portion of the project scope. The entire scope of work, as has been detailed
in all 3 volumes of the Bid document, must be complied with.

3.28 Non- Conforming Proposals


A proposal may be construed as a non-conforming proposal and ineligible for consideration if it does not comply
with the requirements of this RFP. Failure to comply with the functional / technical requirements, and
acknowledgment of receipt of amendments, are common causes for holding proposals non-conforming.

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If a proposal appears to be “canned” presentations of promotional materials that do not follow the format
requested in this RFP or do not appear to address the particular requirements of the proposed solution or other
aspects of the scope, any such bidders may also be disqualified.

3.29 Conflict of Interest


MSP shall furnish an affirmative statement as to the absence of, actual or potential conflict of interest on the part
of the MSP or any prospective subcontractor due to prior, current, or proposed contracts, engagements, or
affiliations with the Department.

Additionally, such disclosure shall address any and all potential elements (time frame for service delivery,
resource, financial or other) that would adversely impact the ability of the Bidder to complete the requirements
as given in the RFP. MSP shall submit a declaration as per the format mentioned in Annexure 17.

3.30 Blacklisting and Fraudulent Practices


Bidder, OEM partners and Sub-Contractor, as applicable, should mandatorily submit an affidavit and self-
declarations stating that their firm or product has not been banned or blacklisted or convicted or license suspended
on the ground of fraudulent practices or any other reasons by any Government / Private organization/Financial
institution/Court/Public sector Unit /Central Government or any firm / company / corporation and any of its
Directors/ Proprietor/ Partner/ authorized signatories are convicted / or a criminal case filed against or pending
in any court of India by any department of the government under Prevention of Corruption Act or for cheating /
defrauding government/ embezzlement of government fund or for any criminal conspiracy in the said matter. The
format of the self-declaration document is given in Annexure 5.

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

1. Proposal not submitted in accordance with the procedure and formats prescribed in this document will be
treated as non-conforming proposal.
2. During validity of the proposal, or its extended period, if any, the bidder increases his quoted prices.
3. Proposal is received in incomplete form.
4. Proposal is received after due date and time or not through the predefined mode.
5. Proposal is not accompanied by all the requisite documents.
6. If bidder provides quotation only for a part of the project.
7. Information submitted in technical proposal is found to be misrepresented, incorrect or false, accidentally,
unwittingly or otherwise, at any time during the processing of the contract (no matter at what stage) or
during the tenure of the contract including the extension period if any.
8. Financial proposal is included in the same document as technical proposal.
9. Bidder tries to influence the proposal evaluation process by unlawful/corrupt/fraudulent means at any
point of time during the bid process.
10. In case any one bidder submits multiple proposals or if common interests are found in two or more bidders,
the bidders are likely to be disqualified, unless additional proposals/bidders are withdrawn upon notice
immediately.
11. Bidder fails to deposit the Performance Security or fails to enter into a contract within 15 working days of
the date of notice of award of contract or within such extended period, as may be specified by the
Department.
12. Bidders may specifically note that while evaluating the proposals, if it comes to Department’s knowledge
expressly or implied, that some bidders may have colluded in any manner whatsoever or otherwise joined
to form an alliance resulting in delaying the processing of proposal then the bidders so involved are liable
to be disqualified for this contract as well as for a further period of three years from participation in any
of the tenders floated by the Department.

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The bid security, response to the pre-qualification criteria, technical proposal, and the entire documentation
(including supporting documents) submitted along with the proposal, should not contain any information on price,
pricing policy, pricing mechanism or any information indicative of the Financial aspects of the bid.

3.32 Rejection of Bids which are Outliers


If a Bidder quotes “NIL charges / consideration”, the bid shall be treated as non-responsive and will not be
considered.

3.33 Acceptance and Rejection of the Bids


The department reserves the right to reject in full or part, any, or all bids without assigning any reason thereof.
The department reserves the right to assess the Bidder’s capabilities and capacity. The decision of the Department
shall be final and binding on all parties. Bidders shall be deemed to have understood and agreed that no
explanation or justification for any aspect of the Selection Process will be given and that Department's decisions
are without any right of appeal whatsoever.

Bid should be free of over writing. All erasures, correction or addition should be clearly written both in words and
figures and attested. In the event of any assumptions, presumptions, key points of discussion, recommendation or
any points of similar nature submitted along with the Bid, department reserves the right to reject the Bid and
forfeit the EMD.

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4 BID OPENING AND EVALUATION PROCESS


The NITI Aayog shall adopt a three-stage bid evaluation process (collectively the “Bid Process”) in evaluating the
proposals comprising pre-qualification, technical evaluation, and financial evaluation, submitted by the bidders.
Evaluation Committee shall open the online bids at the specified date and time. All statements, documents,
certificates, proof of EMD /Affidavits, etc. uploaded by the bidders will be verified and downloaded for evaluation
and the result of pre-qualification bid evaluation will be displayed on e-Procurement portal, which can be seen by
all bidders who participated in the tender.

In the first stage, evaluation on the eligibility / pre-qualification criteria will be carried out as per the criteria
specified in this Tender. Based on the pre-qualification evaluation, a list of qualified bidders shall be prepared.
For the bidders who successfully pass the pre-qualification criteria, the technical and financial bid of those bidders
will be opened online by a committee of members and the result will be displayed on the e-Procurement Portal,
which can be seen by all bidders who participated in the tender.

In the second stage, Technical and Financial bids shall be evaluated for all the qualified bidders. The bidders
obtaining minimum qualifying marks of 70% will be eligible for financial evaluation stage.

The financial bids of all the technically qualified bidders will be opened and evaluation of the same will be done
as per formats and requirements specified in this Tender.

Bidders will finally be ranked following QCBS method with a composite score, in descending order. The first ranked
bidder (highest composite technical and financial score) shall be selected for contract signing. The decision of the
Evaluation Committee in the evaluation of proposals shall be final and binding on all parties. No correspondence
will be entertained outside the process of evaluation with the Committee in this regard.

Any information contained in the Proposal shall not in any way be construed as binding on department, its agents,
successors or assigns, but shall be binding against the bidder if the contract is subsequently awarded to it.
Additional considerations for pre-qualification:

1. NITI Aayog reserves the right to conduct a field evaluation, as required, along with the evaluation of
proposals, in order to validate the facts and claims made by participating bidders. Any false claims or
misrepresentation of facts may result in immediate disqualification of the Bidder.
2. NITI Aayog reserves the right to visit or conduct telephonic verification or request for written feedback
from bidder’s clients where similar project has been executed / implemented, which will form an integral
part of the Technical Evaluation.
3. Any organization can submit only one bid. In the event, an organization is found to be part of more than
one Bid; all the bids involving the organization will be summarily rejected.
4. Group Companies / Sister Companies credentials will not be considered or termed as valid. Only bidding
entities credentials and capabilities will be considered for evaluation.
Any decision in regard to evaluation will be at the sole discretion of the department, as per the evaluation
parameters detailed below and will be final and binding on all parties. No representation in this regard will be
entertained or allowed post declaration of results.

4.1 Compliance as per Public Procurement Order dated 23rd July 2020
As per the amendment issued by the Government of India regarding the General Financial Rules 2017 (Order 1) to
enable imposition of restrictions on bidders from countries which share a land border with India on grounds of
defence of India, or matters directly or indirectly related thereto including national security are mentioned below:

1. Any bidder from a country which shares a land border with India will be eligible to bid in this tender only
if the bidder is registered with the competent authority
2. “Bidder” (including the term “Tenderer”, “Consultant” or “Service Provider” in certain contexts) means
any person or firm of company, every artificial judicial person not falling in any of the descriptions of
bidders stated therein before, including any agency branch or office controlled by such person,
participating in the procurement process.
3. “Bidder from any country which shares a land border with India” for the purpose of Order means:

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a. An entity incorporated, established or registered in such a country; or


b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered in such
a country; or
d. An entity whose beneficial owner is situated in such a country, or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
4. An Agent is a person employed to do any act for another or to represent another in dealings with third
person
5. The successful bidder shall not be allowed to sub-contract works to any contractor from a country which
shares a land border with India unless such contractor is registered with the Competent Authority.
Following declaration / certificate (as per Annexure 18) are required to be submitted by the Bidders as part of
Pre- Qualification Bid, duly signed and stamped by signing authority of the Bidder:

“I have read the clause regarding restrictions on procurement from a Bidder of a country which shares a land
border with India; I certify that <<Bidder Name>> is not from such a country or, if from such a country, has been
registered with the Competent Authority. I hereby certify that <<Bidder Name>> fulfils all requirements in this
regard and is eligible to be considered.”

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4.2 Stage I - Pre- Qualification Bid Evaluation


Below are the prequalification criteria which must be met by the bidders to be considered for next stages of
evaluation.

Note:

1. All certificates, affidavit, declarations etc. to be provided as per the format given in Annexure.
2. Suppression of information / facts, or noncompliance to any criteria or scope would lead to instant
disqualification.

# Prequalification Parameter Evidence Required

1 The bidder should be a Copy of Certificate of


Incorporation/ Registration
• Company registered under the Companies Act, 2013 OR Certificate
• Partnership firm registered under LLP Act 2008 OR
• Partnership firms registered under Indian Partnership Act, 1932
and should be in existence since last 5 years.

2 The Bidder should have an average annual turnover of at-least 50 Audited Financial Statements/
Crores in the last three financial years (i.e., 2018-19, 2019-20, 2020 - CA Certificate
2021).

3 The Bidder should have positive net worth and should be profitable CA Certificate
during each of the last three years (i.e., 2018-19, 2019-20, 2020 -
2021).

4 The bidder should not have been blacklisted/debarred by Central Self-Declaration in this regard
Government or any State Government organization / department/PSU by the authorized signatory of
in India at the time of submission of the Bid the bidder on the company
letterhead.

5 Registered for GST and Income Tax in India GST Registration and latest
Income Tax Certificate (ITR)
along with PAN Card Copy

6 The Bidder must have experience of delivering Relevant projects* of Copy of Work Order / Contract
Application/ Portal development for any Central Government/ State And
Government organization/ department/PSUs Copy of Completion certificate/
GO-Live Certificate (in case of
ongoing project), clearly
- at-least 3 projects of project value more than 6 Crore each
reflecting value, year, and
OR scope of work
- at-least 2 projects of project value more than 9 Crore each
OR
- at-least 1 project of project value more than 12 Crore

Relevant projects* - Project must be of Application/ Portal


development with following modules -
1- Web Portal with Content Management System and Document
Management System
2- Project Management
3- Workflow based application processing system
4- Data Analytics
Only projects whose development phase is complete and Go-Live

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# Prequalification Parameter Evidence Required


certificate has been issued will be considered for this eligibility
clause.
Projects which only entail Support & Maintenance services shall not
be considered for the purpose of this eligibility clause.

7 Bidder shall have all the following valid certifications as on date of Copy of Certificates
bid submission –
•ISO 9001:2015
•ISO 27001:2013
•CMMI L3 or Higher

8 CSP should provide following: Copy of Letter of Empanelment


with MeitY
a) CSP should provide letter of valid empanelment from MeitY
b) CSP should provide declaration for abiding all security Declaration on CSP letterhead
requirements as per IT Act 2000 covering point b and c.
c) CSP should provide declaration that no data should go out of
India under any circumstances

9 Bidder shall submit the signed integrity pact as per Annexure 15 Integrity pact signed by
Authorized signatory

4.3 Stage II - Technical Bid Evaluation


1. Technical Proposal for only those Bidders who have been found to be in compliance with the Pre-
Qualification Criteria mentioned above would be taken up for further evaluation.
2. The department reserves the right to check / validate the authenticity of the information provided in the
Pre-qualification and Technical Evaluation criteria and the requisite support should be provided by the
Bidder.
3. The Tender Evaluation Committee based on technical evaluation framework mentioned in this section
shall evaluate each proposal and allot technical score as per the Technical criteria.
4. In the technical evaluation, it is mandatory for the bidder to score at least 70% of the marks to be qualified
and to be considered for Financial Evaluation. The bidders who fail to attain this minimum score shall be
technically disqualified and shall not be considered for further evaluation.

4.3.1 Technical Evaluation Framework

# Criteria Documents / Proof Marks


required

1 Average Annual Turnover of the Bidder during the last three (3) Copy of CA Certificate 10
financial years (i.e., 2018-19, 2019-20, 2020 - 2021).
OR
• >= INR 50 Crores and < INR 75 Crores: 6 marks
Certificate from the
• >= INR 75 Crores and < INR 100 Crores: 8 marks statutory auditor
• >=INR 100 Crores: 10 marks

2 Relevant projects* experience of Application/ Portal development Copy of Work Order / 10


for any Central Government/ State Government organization/ Contract
department/PSUs. And
Copy of Completion
certificate/ GO-Live
Each project will be given score as below:
Certificate (in case of

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# Criteria Documents / Proof Marks


required
• Project value >= 6 Crore and < 9 Crore - 2 Marks ongoing project),
clearly reflecting
• Project value >= 9 Crore and < 12 Crore - 3 Marks value, year, and scope
• Project value >= 12 Crore - 5 Marks of work

Relevant projects* - Project must be of Application/ Portal


development with following modules -
1- Web Portal with Content Management System and Document
Management System
2-Project Management
3-Workflow based application processing system
4-Data Analytics

Only projects whose development phase is complete and Go-Live


certificate has been issued will be considered for this eligibility
clause.
Projects which only entail Support & Maintenance services shall not
be considered for the purpose of this eligibility clause.

3 Bidder shall have delivered projects of Application/ Portal Copy of Work orders / 10
development with large number of registered users – Agreement and Client
Certificate certifying
• Each Project with >= 20,000 to 50,000 active users - 2 Mark number of registered
• Each Project with >= 50,000 to 1,00,000 active users - 3 users
Mark
• Each Project with >= 1,00,000 - 5 Mark

4 Bidder shall have delivered projects of Application/ Portal Copy of Work orders / 5
development with integration with PFMS Agreement and Client
Certificate
• 1 Project - 1 Mark
• 2 Projects - 3 Marks
• More than 2 Projects - 5 Marks

5 Bidder shall have following certifications – Copy of relevant 5


Certificates
• ISO 9001:2015 and ISO 27001:2013 and CMMI L3 = 3 Marks
• ISO 9001:2015 and ISO 27001:2013 and higher than CMMI L3
= 5 Marks

6 Approach & Methodology (Understanding of Scope, Delivery Detailed proposal 20


Approach & Methodology, Solution Architecture, Work plan)
1- Understanding of Scope - 3 Marks
2- Delivery Approach & Methodology - 6 Marks
3- Solution Architecture - 7 Marks
4- Work plan - 4 Marks

7 Presentation, POC & Demo Presentation & Proof 20


of Concept (PoC)
(Presentation & Demo shall be given by proposed Project Manager)

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# Criteria Documents / Proof Marks


required
Use cases for the POC will be shared separately with Bidders
successfully qualified in prequalification stage

8 Proposed Resource Profiles - Key resources Detailed CVs in format 20


1- Project Manager – 5 Marks mentioned in
annexure 9.
2- Solution Architect - 5 Marks
3- Business Analyst - 3 Marks
4- Data Analytics Lead - 3 Marks
5-UI/UX Designer-2 Marks
6-Cloud Expert- 2 Marks

8.1 Project Manager – Detailed CV 5


• Experience in IT – 10 Years to 12 Years’ experience - 1
Marks
OR More than 12 Years of experience – 1.5 Marks
• Certification – PMP/ Prince 2 - 0.5 mark
• Managing IT Projects as Project Manager - 0.75 Marks for
each project (maximum 4 projects will be considered)

8.2 Solution Architect – Detailed CV 5


• Experience in IT– 10 Years to 12 Years’ experience - 1 Marks
OR More than 12 Years of experience – 1.5 Marks
• Certification – Togaf/Equivalent - 0.5 mark
• Relevant IT Projects as Solution Architect - 0.75 Marks for
each project (maximum 4 projects will be considered)

8.3 Business Analyst – Detailed CV 3


• Experience in IT – 5 Years to 7 Years’ experience - 0.5 Marks
OR More than 7 Years of experience – 1 Marks
• Certification – CBAP-IIBA/Equivalent - 0.5 mark
• Relevant Projects as Business Analyst - 0.5 Marks for each
project (maximum 3 projects will be considered)

8.4 Data Analytics Lead – Detailed CV 3


• Experience in IT – 5 Years to 7 Years’ experience - 0.5 Marks
OR More than 7 Years of experience – 1 Marks
• Certification in Data Analytics- 0.5 mark
• Relevant Projects as Data Analytic lead- 0.5 Marks for each
project (maximum 3 projects will be considered)

8.5 UI/UX designer – Detailed CV 2


• Experience in IT – 5 Years to 7 Years’ experience - 0.5 Marks
OR More than 7 Years of experience – 1 Marks

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# Criteria Documents / Proof Marks


required
• Relevant Projects as UI/UX designer- 0.5 Marks for each
project (maximum 2 projects will be considered)

8.6 Cloud Expert – Detailed CV 2


• Experience in IT – 5 Years to 7 Years’ experience - 0.5 Marks
OR More than 7 Years of experience – 1 Marks
• Relevant Projects as Cloud Expert- 0.5 Marks for each
project (maximum 2 projects will be considered)

4.4 Stage III - Financial Bid Evaluation


The date of the opening of the Financial bids will be intimated to the technically qualified bidder before the due
date, after the Technical Evaluation stage, through Email.

NITI Aayog shall be under no obligation to accept the lowest or any other offer received in response to this tender
notice and shall be entitled to reject any or all offers, including those received late, or incomplete, without
assigning any reason thereof. The department will not be obliged to meet and have discussions with any of the
Bidder and / or to give a hearing on their representations, as the case maybe.

If there is any discrepancy in the Financial Bid, it will be dealt as per the following:

1. If, in the price structure quoted for the required goods/services, there is discrepancy between the unit
price and total price (which is obtained by multiplying the unit price by the quantity), the unit price shall
prevail, and the total price shall be corrected accordingly.
2. If there is an error in the grand total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail, and the grand total shall be corrected.
3. If there is a discrepancy between words and figures, the amount in words shall prevail.
4. If there is such discrepancy in an offer, the same shall be conveyed to the bidder with target date up to
which the bidder has to send his acceptance on the above lines. If the bidder does not agree to the decision
of the department, the bid is liable to be disqualified and rejected.
Financial Evaluation Framework:

1. The lowest evaluated Financial Proposal will be given the maximum Financial Score of 100.
2. The formula for determining the Financial Scores of all other bidders is following:

Financial Score of a bidder (adjusted to 3 decimals) =

{(Financial Marks of bidder with lowest total Financial price (Cmin)) / (Total Financial price of that
bidder (Cs))} X 100

Or

C = (Cmin / Cs)*100

Where -

1. Cmin is the lowest Financial quote among qualified bidders


2. Cs is the Financial quote of the qualified bidder, and
3. C is the Financial Score of the bidder

4.5 Final Score – QCBS


The weightage given to the Technical and Financial evaluation are:

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1. Technical Evaluation = 70%, and


2. Financial Evaluation = 30%
Bidders will be ranked according to their combined technical and Financial scores using the weightage as
following:

Overall Score of a bidder (adjusted to 3 decimals) =

(Technical Score of that bidder x Weightage for Technical Score) + (Financial Score of that bidder
x Weightage for Financial Score)

i.e.

Final Combined Score = Technical Score x 70% + Financial Score x 30%

The bidder with the highest overall score shall be treated as the successful bidder.

In the event the final scores are ‘tied’ i.e., two or more bidders achieve same overall score, the successful bidder
will be selected by using below mentioned criteria till the tie is resolved:

1. The bidder with higher overall Financial score will be selected for discussion.
2. If the scores are tied even after point one above, the bidder with higher overall Technical score will be
selected for final discussions.
3. If the scores are tied even after point two above, the bid may be cancelled.

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5 DECLARATION OF RESULTS AND AWARD OF CONTRACT


The successful bidder after the final score is arrived at, will be invited for and Contract Signing.

5.1 Award of Contract / Work Order


5.1.1 Notification and Contract Signing
NITI Aayog will notify the successful Bidder for signing of contract in writing by e-mail. This notification shall need
to be accepted and confirmed by the successful Bidder in writing by e-mail within 5 working days from issuance
of such notification.

Post acceptance, the successful bidder will be awarded the Letter of award (LOA) / Letter of Intent (LOI) and
bidder should acknowledge the acceptance of the award by signing the duplicate copy and returning the same to
the department within 5 working days of issuance of LOA / LOI. The duplicate copy of the LOA / LOI must be
signed by the authorized signatory of the Bidder. Along with the signed duplicate copy of the LOA/LOI, the bidder
is also required to submit the Performance Security as specified in Annexure 2 of this Tender. On receipt of the
Performance Security the department shall enter into a contract. Successful bidder shall submit two copies of
Contract executed on stamp Paper, as defined by the Department, purchased at Delhi to the department.

The services as per scope of work however shall commence on issuance of Letter of award (LOA)/Letter of Intent
(LOI) and the successful bidder, from now on addressed as MSP, shall make all necessary provisions to meet the
milestones and timelines stated in the RFP.

5.1.2 Performance Security


The successful Bidder shall at its own expense submit with the department, within fifteen (15) working days from
the date of issuance of LOI, an unconditional and irrevocable Performance Security in form of Insurance Security
Bonds, Account Payee, Demand Draft, Fixed Deposit Receipt from a Commercial Bank, Bank Guarantee from
Commercial Bank or online payment acceptable to the department, in the format prescribed in Annexure 3,
payable on demand, for the due performance and fulfilment of the contract by the bidder.

This Performance Security will be for an amount equivalent to 3% of total contract value and should remain valid
for a period of 60 days after the date of completion of all contractual obligations including warranty obligations.

PBG shall be invoked by the department in the event the Bidder:

1. Fails to meet the overall Liquidated Damages condition as mentioned in this Tender or any changes agreed
between the parties,
2. Fails to perform the responsibilities and obligations as set out in this Tender to the complete satisfaction
of the department,
3. Misrepresentations of facts/information submitted to the department.
The performance security must be valid from the date of issuance till 60 days after expiry of the Term of the
Agreement and fulfilment of all contractual obligation including Exit Management (which would include successful
knowledge transfer and handholding of any nominated agency by the department). In case the contract is
extended; the bidder must submit another Performance Security as per instruction/direction of Department with
validity of the complete duration of the extended contract plus 2 months.

In the event of the Bidder being unable to service the terms and conditions for whatever reason(s), the department
shall have the right to invoke the Performance Security. Notwithstanding and without prejudice to any rights
whatsoever of the department under the contract in the matter, the proceeds of the PBG shall be payable to the
department as compensation for any loss resulting from the bidder’s failure to perform/comply its obligations
under the contract.

NITI Aayog shall notify the bidder in writing of the exercise of its right to receive such compensation within 30
days, indicating the contractual obligation(s) for which the bidder is in default. Department shall also be entitled
to make recoveries from the bidder’s bills, Performance Security, or from any other amount due to him, an
equivalent value of any payment made to him due to inadvertence, error, collusion, misconstruction, or
misstatement.

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The Performance Security may be discharged / returned by the department upon being satisfied that there has
been due performance of the obligations of the bidder under the contract. However, no interest shall be payable
on the performance security.

On satisfactory performance and completion of the order in all respects and duly certified to this effect by the
department, Contract Completion Certificate will be issued by the department, as per recommendations,
guidelines, and approval of the NITI Aayog and the PBG will be returned to the Bidder subsequently.

5.2 Invoicing and Payment


NITI Aayog shall make payments to the MSP at the times and in the manner set out in the Payment schedule as
specified Payment Terms in Volume 2 of the Tender document. NITI Aayog shall make all efforts to make payments
to Vendor within 60 to 90 days of receipt of invoice(s) and all necessary signed and approved supporting documents.

All payments agreed to be made by department to the MSP in accordance with the Bid shall be inclusive of all
statutory levies, duties, taxes, and other charges whenever levied/ applicable, if any, and department shall not
be liable to pay any such levies/ other charges under or in relation to this Contract and/or the Services.

The MSP will be solely responsible to bear the cost of any items that are not quoted or are under quoted in this
Proposal but are required to meet the SLAs or any other requirements as stated in the Tender. No additional
payment for these components would be made to the MSP.

In the event of department noticing at any time that any amount has been disbursed wrongly to MSP or any other
amount is due from MSP to the department, the department may without prejudice to its rights recover such
amounts by other means after notifying MSP or deduct such amount from any payment falling due to MSP. The
details of such recovery, if any, shall be intimated to MSP. MSP shall receive the payment of undisputed amount
under subsequent invoice for any amount that has been omitted in previous invoice by mistake on the part of the
department or MSP.

All payments to MSP shall be subject to the deductions of tax at source under Income Tax Act, and other taxes
and deductions as provided for under any law, rule, or regulation. All costs, damages, or expenses which
department may have paid or incurred, for which under the provisions of the Contract, MSP is liable, the same
shall be deducted by department from any dues to MSP. All payments to MSP shall be made after making necessary
deductions as per terms of the Contract and recoveries towards facilities, if any, provided by the department to
MSP on chargeable basis.

5.3 Sign- off and Acceptance Criteria


NITI Aayog shall nominate officials for inspection of the Software / Equipment / Devices / Services during delivery,
as well as from time to time during the after sales support and maintenance period. These inspections may be
scheduled or adhoc as required by the department. The MSP shall extend all support and cooperation during all
such inspections and obtain an acceptance / sign-off on all acceptance parameters. All such sign-off documents
shall be submitted by the MSP as documentary evidence for processing the invoices for payment.

5.4 Extension of Contract


The original contract will be awarded for a period of 5 years and 14 Weeks. The contract may be extended for a
period of another two (2) years, but on year-on-year review basis, on the same terms and conditions, based on
performance of the MSP during the first contract duration, further need for such extension, and above all, approval
from the Department.

The broad scope of work for the extended term would remain the same, however these are only indicative, and
the department reserves the right to amend the scope as well as any related terms of engagement, based on key
learnings from the first 5 years.

5.5 Risk Purchase


In the event NITI Aayog terminates the Contract in whole or in part, due to the default of MSP, NITI Aayog may
engage a third party for completion of the deliverable, upon such terms and in such manner as it deems
appropriate, which remains incomplete, and the MSP shall be liable to NITI Aayog for any additional costs for
completion of such deliverables. However, MSP shall continue performance of the Contract to the extent not
terminated.

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6 SERVICE LEVEL AGREEMENT


The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to clearly define the levels of
service which shall be provided by the MSP with respect to NGO Darpan 2.0 project for the entire duration of the
contract agreement.

6.1 Service Level Parameters - Definition of Terms


The payments to the MSP are linked to the compliance with the SLA metrics specified in this document. The SLA
also specifies the limits and metrics form lower performance and breach levels, which will be entailing Liquidated
Damages to the MSP.

The following points clarify the manner in which the SLA metrics will operate:

1. A set of parameters have been identified as key for ensuring the desired performance level for project.
2. The table lists out the baseline performance level, method of measurement and how low / high
performance will be treated.
3. It is proposed that an SLA holiday will be provided to the MSP for a period of 3 months (1 Quarter) only
from the day of Go-Live as the stabilization period. After that all the applicable Performance as well as
other SLAs will apply.
All the SLAs will be revisited at the end of 1 year after Go-Live, to analyze if any changes are required in certain
parameters to make it more transparent, quantitative, and robust.

The project Service Level Agreement are proposed to be performance based. For purposes of Service Level
Agreement, the definitions and terms as specified along with the following terms shall have the meanings set forth
below:

1. "Uptime" shall mean the time period for which the specified services / components with specified technical
and service standards are available. Uptime, in percentage, of any component (Non IT & IT) can be
calculated as:
Uptime = {1- [(System Downtime) / (Total Time – Planned Maintenance Time)]} * 100
2. “Downtime” shall mean the time period for which the specified services / components with specified
technical and service standards are not available for Users.
3. “Planned Downtime “ means the scheduled outages/ Planned Maintenance time planned in advance for
core application, related infrastructure and link failures.
4. “Incident” refers to any event / abnormalities in the functioning of the application, Infrastructure and
services that may lead to disruption in normal operations.
5. “Helpdesk Support" shall mean the 24x7x365 centre which shall handle Fault reporting, Trouble Ticketing
and related enquiries during this contract.
6. “Response Time” shall mean the time incident is reported to the help desk and an engineer is assigned for
the call.
7. “Resolution Time” shall mean the time taken (after the incident has been reported at the helpdesk), in
resolving (diagnosing, troubleshooting and fixing) or escalating (to the second level or to respective MSPs,
getting the confirmatory details about the same from the MSP and conveying the same to the end user),
the services related troubles during the first level escalation.
6.2 Service Level for Implementation Phases
Indicative project Implementation phases and various activities envisaged within each such phases are mentioned
in RFP Volume 2. It is proposed that the MSP is expected to submit a detailed project plan, resource profiles and
resource allocation sheet for each phase, for the project implementation cycle.

Applicable liquidated damages for delay in each milestone will be deducted from the percentage payment to be
made for that milestone as per the payment schedule. Liquidated Damages will be capped to 10% of total contract
value.

The tentative timelines, deliverables and applicable Liquidated damages for the implementation phase are listed
below.

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# Milestone Timeline in Liquidated damages


Weeks

1 Inception Report T+1 0.1% of total contract value for every subsequent week

2 Updated FRS & SRS T+2 0.5% of total contract value for every subsequent week
submission

3 Design Document T+3 0.5% of total contract value for every subsequent week
Submission

4 Cloud Setup T+4 0.5% of total contract value for every subsequent week

5 Data Integration with T+6 1% of total contract value for every subsequent week
Category 1 Ministries /
Departments and Phase 1
Launch

6 Development of NGO T+12 0.5% of total contract value for every subsequent week
Darpan 2.0 System and
supporting applications

7 Setup of IT Helpdesk, back T+6 0.5% of total contract value for every subsequent week
office and Grievance cell

8 User Training on System for T+5 0.5% of total contract value for every subsequent week
Ministries covered under
Phase 1 Launch

9 User Training on System for T+14 0.5% of total contract value for every subsequent week
Ministries covered under
Phase 2 Launch

10 Phase 2 Launch T+14 0.5% of total contract value for every subsequent week

6.3 Service Level for O&M Phase


Indicative O&M phase and various activities envisaged are mentioned in RFP Volume 2. It is proposed that the MSP
is expected to submit a detailed project plan, resource profiles and resource allocation sheet for each phase, for
the project implementation cycle.

Applicable Liquidated Damages for delay in each milestone will be deducted from the percentage payment to be
made for that Month/Quarter as per the payment schedule:

The resolution time shall vary based on the severity of the incident reported at the help desk. The severity would
be as follows:

1. Critical / High: Incidents which impact the overall solution like the outage of core Portal/application, and
which has a high impact on service delivery. Incidents, whose resolution shall require additional
investment in components or time or shall involve coordination with OEMs. Incidents for which no work
around is available. Any incident which is affecting a majority of users.
2. Medium: Incidents which impact a limited number of users. Example: NGO Darpan portal and application
are up but certain users are unable to login /access / submit request / process service requests etc.
Incidents, whose resolution shall require replacement of hardware or software parts, require significant
interruption in working of that individual component. Acceptable work around is available. For example,
installation of operating system, patches etc.

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3. Low: Incidents whose resolution shall require changes in configuration of hardware or software, which will
not significantly interrupt working of that component. Incidents like functionality enhancement and /or
support for modifications or maintenance of source code, application version enhancement etc.
Indicative SLAs for Helpdesk/ Maintenance support calls:

Type of Incident Response Time Resolution time SLA

Critical 15 minutes from the call logged 1.5 hrs. for critical incident

Medium 30 minutes from the call logged <= 4 hrs. from the time incident is logged at the
helpdesk

Low 45 minutes from the call logged <= 8 hrs. from the time incident is logged at the
helpdesk

Severity Level Description Examples

Critical Environment is down or major malfunction resulting in an Non-availability of VM / Cloud.


inoperative condition or disrupts critical business No access to Storage, software or
functions and requires immediate attention. A significant application
number of end users are unable to reasonably perform
their normal activities as essential functions and critical
programs are either not working or are not available

Medium Loss of performance resulting in users (includes public Intermittent network


users) being unable to perform their normal activities as connectivity
essential functions and critical programs are partially
available or severely restricted. Inconvenient workaround
or no workaround exists. The environment is usable but
severely limited.

Low Moderate loss of performance resulting in multiple users


impacted in their normal functions.

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# Service Metric Baseline Lower Performance Lower Performance Breach Measurement Methodology
Parameter Level – Category A Level – Category B

Metric Points Metric Points Metric Points Metric Points


Credited Debited Debited Debited

Helpdesk & Grievance Management

1 Answering time <=6 secs 4 6.01 to 10 2 10.01 to 20 3 >20 secs 4 Monthly MIS reports
(Applicable only for secs secs generated from the
calls through Toll Helpdesk and Grievance
free number) Speed management System
of answer deployed, operated and
= Time taken to maintained by the Selected
receive a call. MSP.
Calculated for each
call. (applicable for SLA score is to be calculated
post IVR calls) with a weightage avg. value
with percentage.
For Example, if in a month,
x% calls are in baseline
category, y% in Category A,
z% in Category B and m% in
Breach, the SLA score for
the month is =
{1*x% - (0.5y% + 0.75*z% +
1*m%)}.

2 Call Lost Rate 0% 4 0.01 - 1.00% 2 1.01 - 2.00% 3 >2.00% 4 (Total No. of calls lost
(Applicable only for because they were not
calls through Toll attended by an operator /
free number) Total incoming calls) * 100
(applicable for post
IVR calls)

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# Service Metric Baseline Lower Performance Lower Performance Breach Measurement Methodology
Parameter Level – Category A Level – Category B

Metric Points Metric Points Metric Points Metric Points


Credited Debited Debited Debited

3 Instances of not 0 2 Equivalent 0.5 Equivalent 1 Equivalent 2 Resolution time is defined as


meeting Issue instances for instances for instances for time from generation of Call
Resolution time for S1 severity S1 severity S1 severity No. to time of closure of call
Severity 1 (Critical / ranging ranging as reported in the Helpdesk
High) between 1-3 between 4-6 Application deployed and
maintained by MSP.

4 Instances of not 0 1 Equivalent 0.5 Equivalent 0.75 Equivalent 1


meeting Issue instances for instances for instances for
Resolution time for S2 severity S2 severity S2 severity
Severity S2 (Medium) ranging ranging
between 1-4 between 5-8

5 Instances of not 0 1 Equivalent 0.1 Equivalent 0.25 Equivalent 1


meeting Issue instances for instances for instances for
Resolution time for S3 severity S3 severity S3 severity
Severity S3 (Low) ranging ranging
between 1-4 between 5-8

6 Instances of not 0 2 Equivalent 0.5 Equivalent 1 Equivalent 2


meeting Issue instances for instances for instances for
Response time for S1 severity S1 severity S1 severity
Severity S1 instances ranging ranging
between 1-3 between 4-6

7 Instances of not 0 1 Equivalent 0.5 Equivalent 0.75 Equivalent 1


meeting Issue instances for instances for instances for
Response time for S2 severity S2 severity S2 severity
Severity S2 instances ranging ranging
between 1-4 between 5-8

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# Service Metric Baseline Lower Performance Lower Performance Breach Measurement Methodology
Parameter Level – Category A Level – Category B

Metric Points Metric Points Metric Points Metric Points


Credited Debited Debited Debited

8 Instances of not 0 1 Equivalent 0.1 Equivalent 0.25 Equivalent 1


meeting Issue instances for instances for instances for
Response time for S3 severity S3 severity S3 severity
Severity S3 instances ranging ranging
between 1-4 between 5-8

Software Application

9 Maximum time for <=1 sec 6 1 to 2 sec for 3 3 to 4 sec for 4 > 4 sec for 6 Monthly MIS reports
Page loading for internal internal users, internal generated from the CMS and
(Average) internal users, users, EMS systems deployed,
users, 3 to 4 secs maintained and operated by
for external the MSP will provide Portal
users performance data on
average page loading time in
peak hours (8 am to 10 pm)
daily.

10 Maximum Form <=1 sec 8 1 to 2 sec for 4 3 to 4 sec for 6 > 4 sec for 8 Monthly MIS reports
/ Data submission for internal internal users, internal generated from the CMS and
time internal users, 5 to 6 secs for users, EMS systems deployed,
/ committing to users, 3 to 4 secs external users > 6 secs for maintained and operated by
database and display <=2 secs for external external the MSP will provide user
of confirmation for users users category wise Portal
message (Average) external performance data on
users average transaction
completion time in peak
hours (8 am to 10 pm) daily.

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# Service Metric Baseline Lower Performance Lower Performance Breach Measurement Methodology
Parameter Level – Category A Level – Category B

Metric Points Metric Points Metric Points Metric Points


Credited Debited Debited Debited

11 Maximum time for <=3 sec 6 3 to 4 sec for 3 5 to 6 sec for 4 > 6 sec for 6 Monthly MIS reports
Report generation / for internal internal users, internal generated from the CMS and
Data Retrieval internal users, 7 to 8 secs for users, EMS systems deployed,
(Average) users, 6 to 7 secs external users > 8 secs for maintained and operated by
<=5 secs for external external the MSP will provide Portal
for users users performance data on
external average report generation
users and data retrieval time in
peak hours (8 am to 10 pm)
daily.

Overall System Availability

12 Average System Baseline : 20 Slippage: 10 Slippage: 99% 14 Slippage:<=9 20 Uptime will be monitored
Uptime for : 99.5% 99.4% to to >98% 8% from the MIS reports
<99% generated from the EMS
a) NGO Darpan 2.0 system deployed and
Portal and Mobile maintained by the MSP
App (Weightage : 50)
Uptime percentage will be
b) Web Services, 3rd calculated as weightage
Party Integrations & average as per the
Data Sharing weightage defined for each
(Weightage : 10) category.

c) Servers, Storage,
Security Appliances
and any other IT and
Non-IT Components
provisioned by MSP
(Weightage : 20)

d) EMS System &


Helpdesk System
(Weightage : 20)

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# Service Metric Baseline Lower Performance Lower Performance Breach Measurement Methodology
Parameter Level – Category A Level – Category B

Metric Points Metric Points Metric Points Metric Points


Credited Debited Debited Debited

13 Peak Utilization (All <=70% 4 71% to 1 76% to 80% 2 >80% 4 MIS reports generated from
server side compute the EMS system deployed
resources) and maintained by the MSP.

14 System scheduled 2 6 3 3.5 4 5 > 4 times in 6 System Logs maintained by


downtime for alternate a month the MSP
maintenance (per Sundays
month) in a
month at
around
midnight

Cloud

15 Availability of Reports 4 <11 1 <16 2 >= 16 4 MSP will be responsible for


regular reports (SLA to be sent working days working days working days maintaining this SLA for
, Services to NITI to to Cloud
Consumption, Aayog >= 6 >= 11
Monitoring, Billing, within working days working days
Security) etc. 10th day
of each
month

16 Availability of the Baseline : 4 Slippage: 1 Slippage: 2 Slippage: 4 MSP needs to ensure that
Cloud Management 99.5% 98.5% to 97.5% to < 97.5 % the Cloud Management
Portal of the CSP. <99.5% <98.5% Portal of the CSP is available
as per the SLA requirement.

17 Provisioning of new Baseline : 4 Slippage: 1 Slippage: 75% 2 Slippage:<75 4 Measurement shall be done
Virtual Machines (as 95% 85% to 95% to 85% % from EMS reports developed
%) within 5 Minutes - by MSP and by analyzing the
Time to provision log files.
new Virtual Machine
(up to 64 core)

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# Service Metric Baseline Lower Performance Lower Performance Breach Measurement Methodology
Parameter Level – Category A Level – Category B

Metric Points Metric Points Metric Points Metric Points


Credited Debited Debited Debited

Training

18 Average Trainer 5 to 3.5 2 3.5 to 3 1 3 to 2.5 1.5 <2.5 2 Trainer evaluation sheet
feedback rating (on maintained by the MSP.
scale of 5, 5 being (MSP must replace the
outstanding) trainer)

Other

19 Software Version 0.5% of 2 3–4 1 5– 6 Violations 1.5 >6 Violations 2 Quarterly Audit reports
Upgrades (as new total Violations performed by NITI Aayog
versions are contract
available) within value for
specified time every
period after subseque
approval and nt week
Updates (Rules,
Patches, Anti-virus,
Anti- spyware, Anti-
spam) on a regular
basis.

20 Compliance in 0.5% of 2 Upto one 1 Upto two 1.5 More than 2 2 Random inspection by NITI
document total week beyond weeks beyond weeks Aayog
versioning, contract the end date the end date beyond end
traceability (FRS, value for date
SRS, DB design, every
Architecture, User, subseque
Training Manual nt week
etc.), Application
version control,
updates etc.

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# Service Metric Baseline Lower Performance Lower Performance Breach Measurement Methodology
Parameter Level – Category A Level – Category B

Metric Points Metric Points Metric Points Metric Points


Credited Debited Debited Debited

21 Manpower 100% 2 Upto 3 1 Upto 6 1.5 More than 6 2 Attendance Logs


Availability & working days working days working days
Readiness of delay / of delay / of delay /
absence, absence, absence,
calculate d calculate d for calculate d
for each each resource) for each
resource) resource)

22 Security Incident Zero 5 > 0 to 3 2 > 3 to 5 3 >5 5 Measurement shall be done


(Malware Attack/ Attack attacks attacks by analyzing the log file
Denial of Service
Attack/ Data Theft/
Loss of data/
Intrusion or
Defacement)

23 Data Migration - Error rate 5 Error Rate > 2 Error Rate > 3 Error Rate > 5 Measurement shall be done
Migration of data < .25% 0.25% & 0.30% & 0.35% by analyzing the log files
from the source to <=0.30% <=0.35%
destination system

24 Application Security Baseline : 4 Slippage: 1 Slippage: 90% 2 Slippage:85% 4 Measurement shall be done
Audit, VAPT & Patch 100% 95% to to to by analyzing Application
Application Security Audit, VAPT reports

Total 100 42.7 65 100

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6.4 SLA Calculation

# SLA Range / Score Deduction / Liquidated Damages

1 < 100 & >=85 (Lower Performance SLA - Category A) 0.5% for every point between < 100 and >=85

2 <85 & >=70 (Lower Performance SLA - Category B) 1% for every point between <85 and >=70

-100 to <70 (Serious breach of SLA – To be reviewed Penal action as per provisions of this Tender in
by Technical Committee for further action) case of breach for continuous 2 Quarters
3

Example: SLA Score of 75 will lead to Liquidated Damages of (0.5% of 15 + 1% of 10) = 17.5%

6.5 Other Penalties


The tentative timelines, deliverables and applicable Liquidated Damages for the Operations and Maintenance
phase are listed below:

Timelines Liquidated Damages


Activity Acceptance Criteria and Deliverables
(Months) Applicable

Operations, Maintenance and Warranty Support

MSP to Submit all Monthly O&M Report by


20th Day after the end of Month

30th Day
NITI Aayog/Nominated Agency to provide
Monthly O&M of
feedback on report by 25th Day of 0.1% for each week
Report Subsequent
subsequent Month
Month

MSP to resubmit the corrected complete


report by 30th of Subsequent Month

As per A Liquidated Damages of


Change 1% (of value of Change
Change Request Acceptance report of Change Request
Request request) for every
Timeline subsequent week

Note:

1. “T” - Time of signing of contract with the MSP


2. MSP must submit SLA compliance report during O&M phase every month with details of all categories as
described in the above section. SLA compliance report should be accompanied by system generated SLA
report (from EMS system). MSP must provide access to EMS/SLA tool system and reports to NITI Aayog and
its nominated agency for random review and audit.
3. Liquidated Damages calculation will be done on a quarterly basis and amount will be deducted from
quarterly O&M (Operations and Maintenance) to MSP of the same quarter. MSP must provide automated
and system generated Liquidated Damages calculation report as per the SLA metrics and Liquidated
damages calculation criteria defined in this section for review by department

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4. The MSP must submit a detailed project plan for all the activities mentioned in this document. If there
are any issues related to adherence of timelines, the MSP should raise the concerns to NITI Aayog in
writing, however the decision of NITI Aayog will be final and binding on all parties
5. The MSP is required to provide an alternative but equally viable solution, if required, to meet the
expectations. In all such matters, the decision of NITI Aayog will be final and binding on all parties
6. Once maximum Liquidated Damages limit has been reached NITI Aayog will have the right to call for
Annulment of the contract
7. Liquidated Damages will be computed for individual milestones on its estimated value, as mentioned in
the contract.

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7 ANNEXURE
7.1 Annexure 1: Pre- Bid Query Format
Bidders must submit all pre-bid queries in editable excel format and PDF as provided below, and send it to the
email ID specified in the Data Sheet of this Tender document:

# Section (No. & Page No. / Statement as per Query by Reason for Suggestions /
Name) Point RFP document the bidder Query Changes

1.

2.

3.

4.

5.

6.

* Please add rows as required.

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7.2 Annexure 2: EMD/Performance Security Format


To

[The President of India /Governor of ..................]


acting through
....................
....................
....................
In consideration of ............................. acting on behalf of the [President of India/Governor of
................................] (hereinafter referred as the “Authority”, which expression shall, unless repugnant to
the context or meaning thereof, include its successors, administrators and assigns) awarding to ……………….., having
its office at ……………….. (hereinafter referred as the “Managed Service Provider (MSP)” which expression shall,
unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns),
vide the Authority’s Agreement no. ………………. dated ……………….. valued at Rs. ……………….. (Rupees ………………..),
(hereinafter referred to as the “Agreement”) the assignment for providing services in respect of the NGO Darpan
2.0. Project, and the MSP having agreed to furnish a Bank Guarantee amounting to Rs. ……………….. (Rupees
………………..) to the Authority for performance of the said Agreement.
We, ……………….. (hereinafter referred to as the “Bank”) at the request of the Consultant do hereby
undertake to pay to the Authority an amount not exceeding Rs. ………………… (Rupees …………………. ) against any loss
or damage caused to or suffered or would be caused to or suffered by the Authority by reason of any breach by
the said Consultant of any of the terms or conditions contained in the said Agreement.
2. We, ……………….. (indicate the name of the Bank) do hereby undertake to pay the amounts due and payable
under this Guarantee without any demur, merely on a demand from the Authority stating that the amount/claimed
is due by way of loss or damage caused to or would be caused to or suffered by the Authority by reason of breach
by the said Consultant of any of the terms or conditions contained in the said Agreement or by reason of the
Consultant’s failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as
regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee
shall be restricted to an amount not exceeding Rs. ……………….. (Rupees …………………..).
3. We, ……………….. (indicate the name of the Bank) do hereby undertake to pay to the Authority any money
so demanded notwithstanding any dispute or disputes raised by the Consultant in any suit or proceeding pending
before any court or tribunal relating thereto, our liability under this present being absolute and unequivocal. The
payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the
Consultant shall have no claim against us for making such payment.
4. We, ……………….. (indicate the name of Bank) further agree that the Guarantee herein contained shall
remain in full force and effect during the period that would be required for the performance of the said Agreement
and that it shall continue to be enforceable till all the dues of the Authority under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till the Authority certifies that the terms
and conditions of the said Agreement have been fully and properly carried out by the said Consultant and
accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on
or before a period of one year from the date of this Guarantee, we shall be discharged from all liability under this
Guarantee thereafter.
5. We, ………………… (indicate the name of Bank) further agree with the Authority that the Authority shall have
the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any
of the terms and conditions of the said Agreement or to extend time of performance by the said Consultant from
time to time or to postpone for any time or from time to time any of the powers exercisable by the Authority
against the said Consultant and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being
granted to the said Consultant or for any forbearance, act or omission on the part of the Authority or any
indulgence by the Authority to the said Consultant or any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have the effect of so relieving us.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Consultant(s).
7. We, ……………….. (indicate the name of Bank) lastly undertake not to revoke this Guarantee during its
currency except with the previous consent of the Authority in writing.
8. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. ..........
crore (Rupees ........................................... crore) only. The Bank shall be liable to pay the said amount or
any part thereof only if the Authority serves a written claim on the Bank in accordance with Paragraph 2 hereof,
on or before [.......... (indicate the date falling 365 days after the date of this Guarantee)].

For ..............................................................

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Name of Bank:

Seal of the Bank:

Dated, the ...........................day of ................., 20......

(Signature, name and designation of the authorised signatory)

NOTES:

i. The Bank Guarantee should contain the name, designation and code
number of the officer(s) signing the Guarantee.
ii. The address, telephone no. and other details of the Head Office of the
Bank as well as of issuing Branch should be mentioned on the covering
letter of issuing Branch.

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7.3 Annexure 3 : Pre- Qualification Proposal Covering Letter

(Company letterhead) [Date]

To,

Shri R. N. Mundhe
SRO, Voluntary Action Cell.
NITI Aayog, Sansad Marg
New Delhi, 110001
Tel: +9111-23042718
Email: [email protected]

Ref: Tender No. <> Date<>

Subject: Submission of Pre-Qualification Proposal for the ‘Selection of “Managed Service Provider” for NGO Darpan
2.0 in NITI Aayog’.

Having examined the RFP Document, the receipt of which is hereby duly acknowledged, we, the undersigned,
offer to provide the services, as required, and outlined in the RFP.

We attach hereto the Pre-Qualification/Eligibility Bid response as required by the Bid document, which constitutes
our proposal.

We undertake, if our proposal is accepted, to the services as put forward in the RFP or such modified requirements
as may subsequently be agreed mutually by us and NITI Aayog or its appointed representatives.

We will obtain necessary bank guarantees in the formats given in the bid document issued by a bank in India,
acceptable to NITI Aayog and furnish them within the time frames set out in the RFP.

We agree for unconditional acceptance of all the terms and conditions in the bid document, and we also agree to
abide by this bid response for a period of 90 Days from the date fixed for Financial bid opening and it shall be
valid proposal till such period with full force and virtue. 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 NITI Aayog and us.

We confirm that the information contained in this proposal or any part thereof, including its exhibits, schedules,
and other documents and instruments delivered or to be delivered to you is true, accurate, and complete. This
proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead
NITI Aayog as to any material fact.

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/ service 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/ agency/organization
and empowered to sign this document as well as such other documents, which may be required in this connection.

Dated this <<insert date>>

(Signature) (In the capacity of) (Name)

Duly authorized to sign the Tender Response for and on behalf of:

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

(Name and Address of Company)

Seal/Stamp of Bidder

CERTIFICATE AS TO AUTHORISED SIGNATORIES

I, , the <<Designation>>of , certify that who signed the above Bid is authorized to do so and bind
the company by authority of its board/ governing body.

Date:

Signature:

(Company Seal) (Name)

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7.4 Annexure 4 – Format of Financial Bid


General Instructions

1. Bidder should provide all prices as per the prescribed format under this Annexure.
2. All the prices are to be entered in Indian Rupees ONLY
3. Prices indicated in the schedules shall be inclusive of all taxes, Levies, duties etc. The prices should also
specify five year support cost as per provided formats.
4. NITI Aayog, reserves the right to ask the Bidder to submit proof of payment against any of the taxes,
duties, levies indicated.
5. NITI Aayog, shall take into account overall cost including all Taxes, Duties & Levies for the purpose of
Evaluation.
6. The Bidder needs to account for all Out of Pocket expenses due to Boarding, Lodging and other related
items.
7. The Unit Rate as mentioned in the following formats may be used for the purpose of ‘Change Order’ for
respective items, if any. However, based on the market trends, NITI Aayog, retains the right to negotiate
this rate for future requirement.
8. Bidder shall be bound to give same or more % of discount on the list price of the OEMs on the future
purchases (additional purchases within the contract period) by NITI AAYOG. Bidder shall ensure that the
future products supplied are of latest specifications as per the OEM roadmap.
9. For the purpose of evaluation of Commercial Bids, NITI Aayog shall make appropriate assumptions to arrive
at a common bid price for all the Bidders. This however shall have no co-relation with the Contract value
or actual payment to be made to the Bidder.
10. NITI Aayog also intends to utilize various rates obtained through this tender for requirements across various
departments. Bidders are requested to factor this larger demand and give the best possible rate to NITI
Aayog.
11. Bidder should refer Volume II of the RFP for details on the functional and technical requirements of the
system and the benchmark specifications for the items mentioned in the Commercial formats.
12. Bidders must carefully read the Scope, Technical & Functional Requirements and the SLAs mentioned in
Volume II of this RFP and accordingly propose the software, hardware, accessories and services and their
respective quantities required to completely meet the requirements of this RFP. To meet the requirements
of this RFP, no request for Change Order shall be entertained. The detailed component break-up sheets
for hardware and software shall be submitted as part of the bid.
13. Bidders may add, delete items and increase, decrease quantities of items based on the solution proposed
to fully comply with the RFP requirements. However, if any item is deleted or any quantity is reduced,
then justification for doing so needs to be provided in the ‘Remarks Column’ of the table.

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7.4.1 Form 1: Commercial Bid Letter


<Location, Date>

To,

Shri R. N. Mundhe
SRO, Voluntary Action Cell.
NITI Aayog, Sansad Marg
New Delhi, 110001
Tel: +9111-23042718
Email: [email protected]

Subject: Submission of the response to the RFP No <> dated <>

Dear Sir,

We, the undersigned Bidder, having read and examined in detail all the Tender documents in respect of Selection
of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog’ do hereby propose to provide services as specified
in the Tender document number …, Dated: …..

1. PRICE AND VALIDITY

• All the prices mentioned in our Tender are in accordance with the terms as specified in the Tender
documents. All the prices and other terms and conditions of this Tender are valid for a period of 180
calendar days from the date of opening of the Tenders.
• We hereby confirm that our Tender prices include all taxes.
• We have studied the clause relating to Indian Income Tax and hereby declare that if any income tax,
surcharge on Income Tax, Professional and any other corporate Tax in altercated under the law, we shall
pay the same.

2. UNIT RATES

We have indicated in the relevant schedules enclosed, the unit rates for the purpose of on account of payment as
well as for price adjustment in case of any increase to / decrease from the scope of work under the contract.

3. DEVIATIONS

We declare that all the services shall be performed strictly in accordance with the RFP documents and there are
no deviations except for those mentioned in Pre-Qualification Envelope, irrespective of whatever has been stated
to the contrary anywhere else in our bid.

Further we agree that additional conditions, if any, found in our bid documents, other than those stated in the
deviation schedule in Pre-Qualification Envelope, shall not be given effect to.

4. QUALIFYING DATA

We confirm having submitted the information as required by you in your Instruction to Bidders. In case you require
any other further information/documentary proof in this regard before evaluation of our Tender, we agree to
furnish the same in time to your satisfaction.

5. BID PRICE

We declare that our Bid Price is for the entire scope of the work as specified in the RFP documents. These prices
are indicated in the subsequent sub-sections of this Section.

6. CONTRACT PERFORMANCE GUARANTEE BOND

We hereby declare that in case the contract is awarded to us, we shall submit the contract Performance Security
in the form prescribed in the RFP.

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We hereby declare that our Tender is made in good faith, without collusion or fraud and the information contained
in the Tender is true and correct to the best of our knowledge and belief.

We understand that our Tender is binding on us and that you are not bound to accept a Tender you receive. We
confirm that no Technical deviations are attached here with this commercial offer.

Thanking you,

Yours faithfully,

(Signature of the Bidder)

Name

Designation

Seal.

Date:

Place:

Business Address:

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7.4.2 Form 2: Commercial Bid Format

Note:

1. The below format of commercial bid is just for information purpose.


2. The Commercial Proposal is to be submitted in eProcurement site only.
3. The Commercial Proposal submitted with technical proposal or in hard/physical format will result in
rejection of bid.
1. Summary of Project Cost

S. No Head Total Cost (Inclusive of all taxes)


(A+B)

1 Total Implementation Cost

2 Total Support & Maintenance Cost Do Not Fill

2a Total Applications and IT infrastructure service and


maintenance cost during O&M Phase of 5 years

2b Manpower services during O&M Phase of 5 years

Grand TOTAL (1+2a+2b)

Total Cost of Bid shall be defined as the sum total of Total Implementation Cost and Total Support & Maintenance
Cost.

2. Implementation Cost Breakup

S.No Item Units Per Unit Cost Per Unit Cost GST(D) Total Cost (In
In nos. for 1 year In for 5 years in INR)
INR INR
(A) (D=A*(C+D))
(B) (C=B*5)

1. Design, development, and


implementation of NGO
Darpan 2.0 Portal

2. Business Process Management


/ Workflow Engine, Document
Management System, Content
Management System

3. Design, development and


implementation of NGO
Darpan 2.0 Mobile
Applications

4. Advanced Analytics Platform

5. GIS Maps for Entire Country

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S.No Item Units Per Unit Cost Per Unit Cost GST(D) Total Cost (In
In nos. for 1 year In for 5 years in INR)
INR INR
(A) (D=A*(C+D))
(B) (C=B*5)

6. Data Migration of NGO Darpan


Portal and Dashboard to NGO
Darpan 2.0

7. IP PABX System

8. Setting up of Helpdesk and


Grievance Management
System (Workstation and
other related infrastructure,
cabling, printer etc.)

9. Digital Phones and


Headphones for Helpdesk and
Grievance management team
operators

10. SMS Gateway

11. SLA/EMS Monitoring Tool

12. Cloud Charges including DR


Site

3. Support & Maintenance Cost Breakup

A. Applications and IT infrastructure service and maintenance cost during O&M Phase of 5 years

S.No Item Units In Per Unit Cost for 5 GST(C) Total Cost (In INR)
nos. years In INR
(D=A*(B+C))
(A) (B)

1. NGO Darpan 2.0 maintenance


including upgradation,
deployment of patches, fixes
etc

2. Cloud Infrastructure Expenses

2.1 Infrastructure Expenses

2.2 Security Component Expenses

2.3 SLA/EMS Monitoring Tool

2.4 Database services

2.5 Storage and backup services

2.6 Any other components

2.7 Any other components

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S.No Item Units In Per Unit Cost for 5 GST(C) Total Cost (In INR)
nos. years In INR
(D=A*(B+C))
(A) (B)

2.8 ……….

3. GIS Maps for Entire Country

B. Manpower services during O&M Phase of 5 years

Man Man-month Rate Total Cost inclusive of


GST
S.No. Resource Months exclusive of all taxes all taxes for 5 years
(C)
(A) (B) (D=A*(B+C))
1. Project Manager
2. Data Analytics Lead

3. Business Analyst

4. Cloud Expert

5. Software Developer

6. Database Architect/DBA
Mobile App
7.
development Expert
8. GIS Expert
Quality
9. Assurance/Testing
Expert
Help Desk & grievance
10. Management team
Member
Help Desk & grievance
11.
Management Team Lead
Back Office support
12.
Team member

Note:

1. Bidder may add any other Application platform License / Commercial Off the Shelf Solution as per their
proposed solution to fulfil the requirement mentioned in this RFP and corrigendum (if any).
2. Bidder shall consider Manpower cost involved in Design, development, and implementation of NGO Darpan
2.0 till Go Live as part of Implementation Cost.
3. Cloud Hosting charges should include charges for all required hardware and Software as per proposed
solution of bidder. NITI Aayog will pay the same as per usage.
4. The quoted per unit cost shall be valid for the entire Term of the Contract.
5. The operating cost of Telephone/PRI line, SMS will be directly borne by NITI Aayog.
6. The MSP/bidder have to ensure that their financial proposal is structured in such a way that the
Implementation Cost quoted in the project does not exceed 30% of total costs of the project. In case the
bidder quotes higher figures towards Implementation costs the same shall be restricted to 30% while
making payments towards Implementation costs. Any value quoted towards Implementation costs over and
above 30% limit will be paid in equal quarterly instalments for next five years along with quarterly payment
for each quarter.

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7. NITI Aayog may increase or decrease Total Contract value by 25%. However, Individual Item order can be
increased or decreased upto 100%. NITI Aayog may give additional order for any of the expenditure item
in one of more instances.

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7.5 Annexure 5: Format for Declaration of Non Blacklisted

(To be submitted on the Letterhead of the Bidder)

To,

Shri R. N. Mundhe
SRO, Voluntary Action Cell.
NITI Aayog, Sansad Marg
New Delhi, 110001
Tel: +9111-23042718
Email: [email protected]

Ref: Tender No. <> Date<>

Subject: Self Declaration of not been blacklisted in response to the RFP for Selection of “Managed Service Provider”
for NGO Darpan 2.0 in NITI Aayog

Dear Sir,

We confirm that our company, ____________, is not blacklisted in any manner whatsoever by any of the State/UT
and/or central government/PSU in India at the time of bid submission on any ground including but not limited to
indulgence in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

Place:

Date:

Bidder’s Company Seal:

Authorized Signatory’s Signature:

Authorized Signatory’s Name and Designation:

Note:

1. The Bidder shall necessarily provide a copy of ‘Power of Attorney/Board Resolution’ authorizing the
signatory for signing the Bid on behalf of the Bidder in its Pre-Qualification Bid.

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7.6 Annexure 6: Check-list for the documents to be included in the Pre-Qualification

# Documents to be submitted Submitted (Y/N)


1
Bid Cover Letter
2
Bidders Particular
3 Document As per Pre-qualification Evaluation Criteria

4
EMD of Rs. Five Lakhs only (Rs. 5,00,000/-).
5
Self-declaration by Bidder for not being Blacklisted (Annexure 5)
6
Authorization letters to be issued by OEMs (Annexure 09)
7
No Deviation Certificate (Annexure 11)
8
Declaration of Total Responsibility (Annexure 12)
9
Non-Disclosure Agreement (Annexure 13)

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7.7 Annexure 7: Format to share Project Citation/Case study

General Information

Name of the project

Client for which the project was executed

Name and contact details of the client

Project Details

Description of the project

Scope of services

Relevance to the current project

Outcomes of the project

Other Details

Total cost of the project

Total cost of the services provided by the Bidder

Duration of the project (no. of months, start date,


completion date, current status)

Other Relevant Information

Letter from the client to indicate the successful


completion of the projects (if any)

Copy of Work Order/Agreement/Client certificate

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7.8 Annexure 8: Format for CVs


1 Proposed Position

2 Name of Firm

3 Name of Expert

4 Date of Birth Citizenship:

5 Education

6 Membership in Professional
Associations (Professional
Certifications)

7 Countries Of Work Experience

Language Skills Language Read Write Speak

(mark Excellent/Good/Average) English

Hindi

<Add
Language>

8 Employment Records

# Employer Position Held Duration (From – To)

9 Work Undertaken That Best Illustrates Capability To Handle The Tasks Assigned

Project Name

Year

Location

Client

Main project Features

Position Held

Activities performed

Expert’s contact information:

e-mail:

phone:

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Certification:

I, the undersigned, certify that to the best of my knowledge and belief that

• This CV correctly describes my qualifications and my experience.


• I was not part of the team who wrote the Scope of Work for this RFP.
• I understand that any wilful misstatement described herein may lead to my disqualification
or dismissal, if engaged.

Name of Expert Signature Date

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

7.9 Annexure 9: Format for Authorization Letters from OEMs

(This form has to be provided by the OEMs of the products proposed)

To,

Shri R. N. Mundhe
SRO, Voluntary Action Cell.
NITI Aayog, Sansad Marg
New Delhi, 110001
Tel: +9111-23042718
Email: [email protected]

Ref: Tender No. <> Date<>

Dear Sir:

Ref: Your RFP Ref: [*] dated [*]

We _______________________, (name and address of the manufacturer) who are established and reputed
manufacturers of __________________ having factories at __________________ (addresses of manufacturing /
development locations) do hereby authorize M/s _______________________ (name and address of the bidder) to
bid and conclude the contract with you against the above mentioned tender for the above equipment / software
manufactured / developed by us.

We herewith certify that the above mentioned equipment / software products are not end of the life and we
hereby undertake to support these equipment / software for the duration of minimum 6 years from the date of
Submission of the Bid.

Yours faithfully,

(Name)

(Name of Producers)

Note: This letter of authority should be on the letterhead of the manufacturer and should be signed by a
person competent and having the power of attorney to bind the manufacturer. The Bidder in its Bid should
include it.

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7.10 Annexure 10: Roles and responsibilities


Roles and responsibilities as per Section 3.3 of RFP Vol II

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7.11 Annexure 11: No Deviation Certificate

This is to certify that our offer is exactly in line with your tender enquiry/RFP (including amendments) no.
_________ dated __________. This is to expressly certify that our offer contains no deviation either Technical or
Commercial in either direct or indirect form.

(Authorised Signatory)

Signature:

Name:

Designation:

Address:

Seal:

Date:

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7.12 Annexure 12: Total Responsibility Declaration

This is to certify that I undertake the total responsibility for the defect free operation of the proposed solution as
per the requirement of the RFP for the duration mentioned in all the volumes of the RFP.

(Authorised Signatory)

Signature:

Name:

Designation:

Address:

Seal:

Date:

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7.13 Annexure 13: Non-Disclosure Agreement

[On Company Letterhead]

This AGREEMENT (hereinafter called the “Agreement”) is made on the [day] day of the month of [month], [year],
between, NITI Aayog, Government of India, on the one hand, (hereinafter called the “Purchaser”) and, on the
other hand, [Name of the bidder] (hereinafter called the “Bidder”) having its registered office at [Address]

WHEREAS

The “Purchaser” has issued a public notice inviting various organizations to propose for hiring services of an
organization for provision of services under the NGO Darpan 2.0 Project (hereinafter called the “Project”) of the
Purchaser;

The Bidder, having represented to the “Purchaser” that it is interested to bid for the proposed Project. The
Purchaser and the Bidder agree as follows:

1. In connection with the “Project”, the Purchaser agrees to provide to the Bidder a Detailed Document on
the Project vide the Request for Proposal contained in three volumes. The Request for Proposal contains
details and information of the Purchaser operations that are considered confidential.
2. The Bidder to whom this Information (Request for Proposal) is disclosed shall:
a. Hold such Information in confidence with the same degree of care with which the Bidder protects
its own confidential and proprietary information;
b. Restrict disclosure of the Information solely to its employees, agents, associates, partners and
contractors with a need to know such Information and advice those persons of their obligations
hereunder with respect to such Information;
c. Use the Information only as needed for the purpose of bidding for the Project;
d. Except for the purpose of bidding for the Project, not copy or otherwise duplicate such Information
or knowingly allow anyone else to copy or otherwise duplicate such Information;
e. Undertake to document the number of copies it makes and disclose the same to the Purchaser;
f. On completion of the bidding process and in case unsuccessful, promptly return to the Purchaser,
all Information in a tangible form or certify to the Purchaser that it has destroyed such
Information.
3. The Bidder shall have no obligation to preserve the confidential or proprietary nature of any Information
which:
a. Was previously known to the Bidder free of any obligation to keep it confidential at the time of
its disclosure as evidenced by the Bidder’s written records prepared prior to such disclosure; or
b. Is or becomes publicly known through no wrongful act of the Bidder; or
c. Is independently developed by an employee, agent or contractor of the Bidder not associated with
the Project and who did not have any direct or indirect access to the Information.
4. The Agreement shall apply to all Information relating to the Project disclosed by the Purchaser to the
Bidder under this Agreement.
5. The Purchaser will have the right to obtain an immediate injunction enjoining any breach of this
Agreement, as well as the right to pursue any and all other rights and remedies available at law or in
equity for such a breach.
6. Nothing contained in this Agreement shall be construed as granting or conferring rights of license or
otherwise, to the bidder, in any of the Information. Notwithstanding the disclosure of any Information by
the Purchaser to the Bidder, the Purchaser shall retain title and all intellectual property and proprietary
rights in the Information. No license under any trademark, patent or copyright, or application for same
that are now or thereafter may be obtained by such party is either granted or implied by the conveying of
Information. The Bidder shall not alter or obliterate any trademark, trademark notice, copyright notice,
confidentiality notice or any notice of any other proprietary right of the Purchaser on any copy of the
Information and shall reproduce any such mark or notice on all copies of such Information.
7. This Agreement shall be effective from the date the last signature is affixed to this Agreement and shall
continue in perpetuity.

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8. Upon written demand of the Purchaser, the Bidder shall (i) cease using the Information, (ii) return the
Information and all copies, notes or extracts thereof to the Purchaser forthwith after receipt of notice,
and (iii) upon request of the Purchaser, certify in writing that the Bidder has complied with the obligations
set forth in this paragraph.
9. This Agreement constitutes the entire agreement between the parties relating to the matters discussed
herein and supersedes any and all prior oral discussions and/or written correspondence or agreements
between the parties. This Agreement may be amended or modified only with the mutual written consent
of the parties. Neither this Agreement nor any right granted hereunder shall be assignable or otherwise
transferable.
10. CONFIDENTIAL INFORMATION IS PROVIDED “AS IS” WITH ALL FAULTS. IN NO EVENT SHALL THE PURCHASER
BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION.
11. This Agreement shall benefit and be binding upon the Purchaser and the Bidder and their respective
subsidiaries, affiliate, successors and assigns.
12. Agreement shall be governed by and construed in accordance with the Indian laws.

It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/ agency/organization
and empowered to sign this document as well as such other documents, which may be required in this connection.

Dated this <<Date>>

(Signature)

(In the capacity of) (Name)

Duly authorized to sign the Tender Response for and on behalf of:

(Name and Address of Company)

Seal/Stamp of bidder

CERTIFICATE AS TO AUTHORISED SIGNATORIES

I, , the <<Designation>> of , certify that who signed the above Bid is authorized to do so and bind the
company by authority of its board/ governing body.

Date:

Signature:

(Company Seal) (Name)

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7.14 Annexure 14: Integrity Pact


This pre-contract agreement (hereinafter called the “Integrity Pact” or “Pact”) is made on <<day>> of <<month,
year>>, between, on one hand, the President of India acting through <designation and department> Purchaser
(hereinafter called the “BUYER”, which expression shall mean and include, unless the context otherwise requires,
his successors in office and assigns) of the First Part

AND

M/s <<bidder’s legal entity >> represented by <<name and designation>> (hereinafter called the “BIDDER/Seller”,
which expression shall mean and include, unless the context otherwise requires, his successors and permitted
assigns) of the Second Part.

WHEREAS the BUYER proposes to engage the Managed Service Provider (MSP) for implementation and operations
management of the Project and the BIDDER is willing to offer/has offered the services and

WHEREAS the BIDDER is a private company/public company/Government undertaking/partnership/registered


export agency, constituted in accordance with the relevant law in the matter and the BUYER is a
Ministry/Department of the Government of India performing its functions on behalf of the President of India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into
with a view to:-

Enabling the BUYER to obtain the desired services at a competitive price in conformity with the defined
specification by avoiding the high cost and the distortionary impact of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by
providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and
the BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

Commitments of the BUYER

1.1.The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract, will
demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift,
reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for
themselves or for any person, organisation or third party related to the contract in exchange for an advantage
in the bidding process, bid evaluation, contracting or implementation process related to the contract.
1.2.The BUYER will, during the pre-contract stage, treat all the BIDDERs alike, and will provide to all BIDDERs the
same information and will not provide any such information to any particular BIDDER which could afford an
advantage to that particular BIDDER in comparison to other BIDDERs.
1.3.All the officials of the BUYER will report to the appropriate Government office attempted or completed
breaches of the above commitments as well as any substantial suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the BUYER
with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary
disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated
by the BUYER and such a person shall be debarred from further dealings related to the contract process. In
such a case while an enquiry is being conducted by the BUYER the proceedings under the contract would not
be stalled.

Commitments of the BIDDER

3. The BIDDER commits itself to take all the measures necessary to prevent corrupt practices, unfair means and
illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure
the contract or in furtherance to secure it and in particular commit itself to the following:-
3.1.The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour
or any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any
official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organisation

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or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting
and implementation of the contract.
3.2.The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any
bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission,
fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the Contract or forbearing
to do or having done any act in relation to the obtaining or execution of the contract or any other contract
with the Government for showing or forbearing to show favour or dis-favour to any person in relation to the
contract or any other contract with the Government.
3.3.BIDDER shall disclose the payments to be made by them to agents/brokers or any other intermediary, in
connection with this bid/contract.
3.4.The BIDDER further confirms and declares to the BUYER that the BIDDER has not engaged any individual or
firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER
or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor
has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect
of any such intercession, facilitation or recommendation.
3.5.The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract,
shall disclose any payments he has made, is committed to or intends to make to officials of the BUYER or their
family members, agents, brokers or any other intermediaries in connection with the contract and the details
of services agreed upon for such payments.
3.6.The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness
and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
3.7.The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal
activities.
3.8.The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any
information provided by the BUYER as part of the business relationship, regarding plans, technical proposals
and business details, including information contained in any electronic data carrier. The BIDDER also
undertakes to exercise due and adequate care lest any such information is divulged.
3.9.The BIDDER commits to refrain from giving any complaint directly or through any other manner without
supporting it with full and verifiable facts.
3.10. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions
mentioned above.
3.11. If the BIDDER who is involved in the bid process or any employee of such BIDDER or any person acting on
behalf of such BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or
alternatively, if any relative of an officer of BUYER who is involved in the bid process has financial
interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender.
3.12. The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions,
directly or indirectly, with any employee of the BUYER.

For the purposes of clauses 3.11 & 3.12, the listed words shall have the ascribed meanings as follows:

i. “employee of such BIDDER or any person acting on behalf of such BIDDER” means only those persons acting
on behalf of such Bidder who are involved in the bid process / Project.
ii. “officers/employee of the BUYER”, means only those persons who are involved in the bid process / Project.
iii. “financial interest/stake in the BIDDER’s firm” excludes investment in securities of listed companies”.
4. Previous Transgression
4.1.The BIDDER declares that no previous transgression occurred in the last three years immediately before signing
of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged
hereunder or with any Public Sector Enterprise in India or any Government Department in India that could
justify BIDDER’s exclusion from the tender process.
4.2.The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the
tender process or the contract, if already awarded, can be terminated for such reason.
5. Earnest Money (EMD)
5.1.The Bidder’s EMD of Rs. <value> deposited along with the bid shall remain valid till the submission of
performance guarantee by the BIDDER.
5.2.In case of the successful BIDDER, a clause would also be incorporated in the Performance Bank Guarantee that
the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a
decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of
this Pact.

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5.3.Within 21 days of the receipt of notification of award from the employer, the successful Bidder shall furnish
the performance security equal to 3 % of the value of contract from a commercial bank in accordance with
the conditions of the Agreement, in the proforma prescribed at Annexure 3 of Volume – I of the RFP.
5.4.Performance security should remain valid from date of execution of Contract to the expiry of 60 days after
the date of completion of all contractual obligations including warranty obligations.
5.5.No interest shall be payable by the BUYER to the BIDDER on Earnest Money/ Performance Security for the
period of its currency.
6. Sanctions for Violations
6.1.Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether
with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following
actions, wherever required:
i. To immediately call off the pre contract negotiations without assigning any reason or giving any
compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.
ii. The Earnest Money Deposit (in pre-contract stage) and/or Performance Security (after the contract is
signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be
require to assign any reason therefore.
iii. To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.
iv. To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at
2% higher than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a
country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is
due to the BIDDER from the BUYER in connection with any other contract for any other stores, such
outstanding payment could also be utilised to recover the aforesaid sum and interest.
v. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER,
in order to recover the payments, already made by the BUYER, along with interest.
vi. To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for
any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be
entitled to deduct the amount so payable from the money(s) due to the BIDDER.
vii. To debar the BIDDER from participating in future bidding processes of the Government of India for a
minimum period of five years, which may be further extended at the discretion of the BUYER.
viii. To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a
view to securing the contract.
ix. In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the
BUYER with the BIDDER, the same shall not be opened.
x. Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning
any reason for imposing sanction for violation of this Pact.
6.2.The BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of this Pact also
on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without
the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or
Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.
6.3.The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by
the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent
Monitor(s) appointed for the purposes of this Pact.
7. Fall Clause
7.1.The BIDDER undertakes that under similar buying conditions, it has not supplied/is not supplying similar
product/systems or subsystems at a price lower than that offered in the present bid in respect of any other
Ministry/Department of the Government of India or PSU and if it is found at any stage that similar
product/systems or subsystems was so supplied by the BIDDER to any other Ministry/Department of the
Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will
be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the
BUYER, if the contract has already been concluded.
8. Independent Monitors
8.1.Shri <Name> has been appointed as Independent External Monitor (hereinafter referred to as Monitor) for
overseeing and implementation of the Pre-Contract Integrity Pact for procurement of services in the
<Purchaser’s entity>. His contact details are as under:
<Name>
<Address>
<Contact details>

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8.2.The task of the Monitors shall be to review independently and objectively, whether and to what extent the
parties comply with the obligations under this Pact.
8.3.The Monitors shall not be subject to instructions by the representatives of the parties and perform their
functions neutrally and independently.
8.4.Both the parties accept that the Monitors have the right to access all the documents relating to the
project/procurement, including minutes of meetings.
8.5.As soon as the Monitor notices, or has reason to believe, a violation of this Pact, hewill so inform the Authority
designated by the BUYER.
8.6.The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation
of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request
and demonstration of a valid interest, unrestricted and unconditional access to his project documentation.
The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the
information and documents of the BIDDER/Subcontractor(s) with confidentiality.
8.7.The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to
the Project provided such meetings could have an impact on the contractual relations between the parties.
The parties will offer to the Monitor the option to participate in such meetings.
8.8.The Monitor will submit a written report to the designated Authority of BUYER/Secretary in the Department/
within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/BIDDER and, should the
occasion arise, submit proposals for correcting problematic situations.
9. Facilitation of investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its
agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the
BIDDER shall provide necessary information and documents in English and shall extend all possible help for the
purpose of such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is New Delhi.

11. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in
accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

12. Validity
12.1. The validity of this Integrity Pact shall be from date of its signing and extend upto <X years> or the
complete execution of the contract to the satisfaction of both the BUYER and the BIDDER, including warranty
period, whichever is later. In case Bidder is unsuccessful, this Integrity Pact shall expire after six months from
the date of signing of the contract.
12.2. Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall remain
valid. In this case, the parties will strive to come to an agreement to their original intentions.
13. The parties hereby sign this Integrity Pact at ________ on _____

Buyer BIDDER
Name of Officer CHIEF EXECUTIVE OFFICER
Designation
Dept/Ministry/PSU

WITNESS WITNESS
1. 1.
2. 2.

* Provisions of these clauses would need to be amended / deleted in line with the policy of the BUYER in regard
to involvement of Indian agents for foreign suppliers.

7.15 Annexure 15: Technical Bid Covering Letter

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

(Company letterhead)

[Date]

To,

Shri R. N. Mundhe
SRO, Voluntary Action Cell.
NITI Aayog, Sansad Marg
New Delhi, 110001
Tel: +9111-23042718
Email: [email protected]

Ref: Tender No. <> Date<>

Subject: Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Having examined the RFP Document, the receipt of which is hereby duly acknowledged, we, the undersigned,
offer to provide the services, as required and outlined in the RFP.

We attach hereto the technical response as required by the RFP, which constitutes our proposal.

We undertake, if our proposal is accepted, to the services as put forward in the RFP or such modified requirements
as may subsequently be agreed mutually by us and NITI Aayog or its appointed representatives.

We will obtain necessary bank guarantees in the formats given in the bid document issued by a bank in India,
acceptable to NITI Aayog and furnish them within the time frames set out in the RFP.

We agree for unconditional acceptance of all the terms and conditions in the bid document and we also agree to
abide by this bid response for a period of SIX (6) MONTHS from the date fixed for Financial bid opening and it shall
be valid proposal till such period with full force and virtue. 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 NITI Aayog and us.

We confirm that the information contained in this proposal or any part thereof, including its exhibits, schedules,
and other documents and instruments delivered or to be delivered to you is true, accurate, and complete. This
proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead
NITI Aayog as to any material fact.

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/ service 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/ agency/organization
and empowered to sign this document as well as such other documents, which may be required in this connection.

Dated this <<insert date>>

(Signature)

(In the capacity of) (Name)

Duly authorized to sign the Tender Response for and on behalf of:

(Name and Address of Company)

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Seal/Stamp of bidder

CERTIFICATE AS TO AUTHORISED SIGNATORIES

I, , the <<Designation>>of , certify that who signed the above Bid is authorized to do so and bind the company
by authority of its board/ governing body.

Date: Signature:

(Company Seal) (Name)

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7.16 Annexure 16: Technical Bid Requirement


Following details to be submitted mandatorily along with technical proposal, but not limited to:

1. All documents required as per Technical evaluation criteria.


2. Key highlights of the proposed solution including the value propositions, key differentiating factors,
success stories and case studies
3. Detailed technical solution including:
a. Architecture principles that will be followed during implementation of the solution
b. Security Architecture and Security measures proposed to be adopted for project
c. Approach towards ensuring service-oriented design, scalability, reliability, flexibility, modularity
and interoperability
d. Approach towards ensuring the application supports Data Driven Decision Making
e. Usability and accessibility features proposed for the solution
f. Integration architecture and approach
g. Approach towards ensuring futuristic application design, which is compatible with modern digital
technologies like GIS, AI, Data analytics
4. Detailed project plan with assumptions/dependencies clearly identified
5. Compliance status against Functional Requirements Specifications mentioned in Annexure 2 of RFP Volume
2
6. Compliance status against Technical Requirements mentioned in Annexure 3 of RFP Volume 2
7. Proposed team structure, key profiles, Detailed CVs and resource deployment plan
8. Description of detailed approach & methodology for:
a. Development Customization and Implementation
b. Cloud Hosting
c. Installation and Testing
d. Maintenance and Support
e. Licensing and Software upgrades and updates
f. Acceptance and testing criteria compliance
g. Approach for compliance with SLA and SLA monitoring
h. Transition and exit management plan
i. Quality Management
j. Training and Capacity building plan
9. Key risks and mitigation plan
10. Comments and Suggestions on scope of work
11. The bidder is required to prepare and submit along with their technical proposal, the details of
methodologies and computations for sizing and capacity of storage, compute, routers, switches, load
balancer, and internet facing IPS, backup, tape libraries, sizing of security appliances and their compute
requirements.
12. Bidder must provide sizing and quantity for all items mentioned in the indicative Financial bid format
(Annexure 4). In case the bidder feels that certain items are not necessary even though they are mentioned
in the indicative Financial format, they should put ‘0’ (Zero) as quantity for those items.
13. Bidder shall provide detailed Bill of Quantity (BoQ) in Technical Proposal as per defined line items in
above FORM 2 – Commercial Bid Format, Table 2.
14. Declaration signed by Authorized signatory of the bidder confirming the below
a. Bidder complies fully with the scope as mentioned in the RFP
b. In case of inconsistency between Bidder's proposal and RFP requirements the RFP terms will prevail

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7.17 Annexure 17: Conflict of Interest


Company letterhead) [Date]

To,

Shri R. N. Mundhe
SRO, Voluntary Action Cell.
NITI Aayog, Sansad Marg
New Delhi, 110001
Tel: +9111-23042718
Email: [email protected]

Ref: Tender No. <> Date<>

Subject: Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Sub: Undertaking Conflict of Interest

Sir,

I/We as Managed Service Provider (MSP) do hereby undertake that there is absence of, actual or potential conflict
of interest on the part of the MSP or any prospective subcontractor due to prior, current, or proposed contracts,
engagements, or affiliations with NITI Aayog, Government of India.

I/We also confirm that there are no potential elements (time frame for service delivery, resource, financial or
other) that would adversely impact the ability of the MSP to complete the requirements as given in the RFP.

We undertake and agree to indemnify and hold NITI Aayog, Government of India harmless against all claims, losses,
damages, costs, expenses, proceeding fees of legal advisors (on a reimbursement basis) and fees of other
professionals incurred (in the case of legal fees & fees of professionals, reasonably) by NITI Aayog, Government of
India and/or its representatives, if any such conflict arises later.

It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/ agency/organization
and empowered to sign this document as well as such other documents, which may be required in this connection.

Dated this <<insert date>>

(Signature)

(In the capacity of) (Name)

Duly authorized to sign the Tender Response for and on behalf of: (Name and Address of Company)

Seal/Stamp of bidder

CERTIFICATE AS TO AUTHORISED SIGNATORIES

I, , the <<Designation>>of , certify that who signed the above Bid is authorized to do so and bind the
company by authority of its board/ governing body.

Date:

Signature:

(Company Seal) (Name)

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NITI Aayog | Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

7.18 Annexure 18: Self-Declaration - Compliance as per Public Procurement Order dated 23rd July 2020

(Company letterhead) [Date]

To,

Shri R. N. Mundhe
SRO, Voluntary Action Cell.
NITI Aayog, Sansad Marg
New Delhi, 110001
Tel: +9111-23042718
Email: [email protected]

Ref: Tender No. <> Date<>

Subject: Selection of “Managed Service Provider” for NGO Darpan 2.0 in NITI Aayog

Sub: Self-Declaration - Self-Declaration - Compliance as per Public Procurement Order dated 23rd July 2020

Sir,

“I have read the clause regarding restrictions on procurement from a Bidder of a country which shares a land
border with India; I certify that <<Bidder Name>> is not from such a country or, if from such a country, has been
registered with the Competent Authority.

I hereby certify that <<Bidder Name>> fulfils all requirements in this regard and is eligible to be considered.”

Dated this <<insert date>>

(Signature)

(In the capacity of) (Name)

Duly authorized to sign the Tender Response for and on behalf of: (Name and Address of Company)

Seal/Stamp of bidder

CERTIFICATE AS TO AUTHORISED SIGNATORIES

I, , the <<Designation>>of , certify that who signed the above Bid is authorized to do so and bind the
company by authority of its board/ governing body.

Date:

Signature:

(Company Seal) (Name)

Request for Proposal Volume 1 Page 79 of 79

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